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HomeMy WebLinkAboutContract 53009-PM10 Cryy CgTw?�20 cy FT4�0j Th CITY SECRETARY���_ p M l CO gTRACT M0. �. PROJECT MANUAL FOR THE CONSTRUCTION OF 24" WATER TRANSMISSION MAIN TO SERVE NORTHLINK LOGISTICS CENTER City Project No. 102189 Water No. 5600&060043040218M01480 X — 26096 Betsy Price Mayor Christopher P. Harder, P.E. Director, Water Department William Johnson David Cooke City Manager Director, Transportation and Public Works Department Prepared for The City of Fort Worth January, 2020 Wm",A SHALL CML ENGINEERS ~ PLANNERS ~ SURVEYORS 2405 Mustang Drive Qrapevine, Texas 76051 (917) 329 - 4373 T. t2t2USS/0 N A1. ENti� � tl. �riJnRTHs T�a M&C Review Page 1 of 2 CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORTWOR�`H DATE: 2/18/2020 REFERENCE NO.: **M&C 20-0097 LOG NAME: 60NORTHLINK CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Amendment to City Secretary Contract Number 53009, a Community Facilities Agreement with HRUS Alliance LLC, for Oversizing a 12-inch Water Main to a 24-inch Water Main with City Participation in an Amount Not to Exceed $316,910.58, in the Vicinity of FM 156 and Highway 114 for Future Growth in North Fort Worth and to Serve the Northlink Logistics Development (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize execution of an amendment to City Secretary Contract Number 53009, a Community Facilities Agreement with HRUS Alliance LLC, oversizing a 12-inch Water Main to a 24-inch Water Main with City Participation in an amount not to exceed $316,910.58, in the vicinity of FM 156 and Highway 114 for Future Growth in North Fort Worth and to Serve the Northlink Logistics Development (City Project Number 102189 IPRC18-0147). DISCUSSION: HRUS Alliance LLC (Developer) is constructing the Northlink Logistics Development (Development) located south of Highway 114 and West of Interstate 35W on FM 156. The Development requires a 12-inch water main to serve the site. The Water Department would like to cost participate in the project to oversize the 12-inch water main to a 24-inch water main to serve anticipated future development in the surrounding area (City Project No. 102189) (Accela System Record IPRC18-0147). In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from competitive bidding requirements because the contract is for oversizing public improvements being constructed by the Developer, the Developer will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be determined in accordance with the City's CFA Unit Price Ordinance. The City's cost participation in the construction of the water main is estimated to be $316,910.58 as shown in the table below: . Construction Cost Developer Cost 17.85\% . City Cost Share 82.15\% Total Cost 1. Water $57,865.59 $266,311.41 $324,177.00 2. Sewer $0.00 $0.00 $0.00 Contingency 15\% $0.00 $39,946.71 $39,946.71 Total Construction- Sub Total $57,865.59 $306,258.12 $364,123.71 Construction Fees: B. Inspection Fee 2\ % $1,157.31 $5,326.23 $6,483.54 C. Material Testing Fee 2\% $1,157.31 $5,326.23 $6,483.54 Total Project Cost $60,180.21 $316,910.58 $377,090.79 The reimbursement of the participation, excluding inspection and material testing fees, is not alump-sum amount and may be less than stated above depending upon actual quantities from the Notice of Final Completion Package, commonly referred�to as the Green Sheet Package. The work is anticipated to begin after the approval of this M&C. This project is located COUNCIL DISTRICT 7. http://apps.cfwnet.org/council�acket/mc review.asp?ID=27666&councildate=2/18/2020 3/5/2020 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the Water &Sewer Capital Project 2018 (W&S Capital Proj 2018) Fund Programmable Project P00001. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS Exhibit A - Water.pdf Location Map.pdf Dana Burghdoff (8018) Chris Harder (5020) Melissa Harris (8428) http://apps.cfwnet.org/council�acket/mc review.asp?ID=27666&councildate=2/18/2020 3/5/2020 00 00 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 1 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project #102189 Revised April 2, 2014 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions 00 11 13 Invitation to Bidders 00 21 13 Instructions to Bidders 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 45 11 Bidders Prequalification’s 00 45 12 Prequalification Statement 00 45 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 00 61 25 Certificate of Insurance 00 62 13 Performance Bond 00 62 14 Payment Bond 00 62 19 Maintenance Bond 00 72 00 General Conditions 00 73 00 Supplementary Conditions 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects Division 01 - General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 32 33 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 55 26 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents 00 00 10- 2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project #102189 Revised April 2, 2014 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City’s Buzzsaw site at: htps://projectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%20Documents/Specifications Division 02 - Existing Conditions 02 41 13 Selective Site Demolition 02 41 14 Utility Removal/Abandonment 02 41 15 Paving Removal Division 03 - Concrete 03 30 00 Cast-In -Place Concrete 03 34 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 26 - Electrical 26 05 00 Common Work Results for Electrical 26 05 10 Demolition for Electrical Systems 26 05 33 Raceway and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31 - Earthwork 31 10 00 Site Clearing 31 23 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 31 36 00 Gabions 31 37 00 Riprap Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 32 01 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 32 12 16 Asphalt Paving 32 12 73 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 14 16 Brick Unit Paving 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 17 23 Pavement Markings 32 31 13 Chain Link Fences and Gates 00 00 10- 3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project #102189 Revised April 2, 2014 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 33 03 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 33 04 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 05 10 Utility Trench Excavation, Embedment, and Backfill 33 05 12 Water Line Lowering 33 05 13 Frame, Cover and Grade Rings 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 05 16 Concrete Water Vaults 33 05 17 Concrete Collars 33 05 20 Auger Boring 33 05 21 Tunnel Liner Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Exploratory Excavation for Existing Utilities 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 11 15 Pre-stressed Concrete Cylinder Pipe 33 12 10 Water Services 1-inch to 2-inch 33 12 11 Large Water Meters 33 12 20 Resilient Seated Gate Valve 33 12 21 AWWA Rubber-Seated Butterfly Valves 33 12 25 Connection to Existing Water Mains 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 33 12 40 Dry-Barrel Fire Hydrants 33 12 50 Water Sample Stations 33 12 60 Blow-off Valves 33 31 12 Cured in Place Pipe (CIPP) 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains) 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 33 31 22 Sanitary Sewer Slip Lining 33 31 23 Sanitary Sewer Pipe Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 33 39 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 39 40 Wastewater Access Chamber (WAC) 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project #102189 Revised April 2, 2014 33 39 60 Epoxy Liners for Sanitary Sewer Structures 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 41 11 HDPE Storm Sewer Pipe 33 46 00 Sub drainage 33 46 01 Slotted Storm Drains 33 46 02 Trench Drains 33 49 10 Cast-in-Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 34 41 10 Traffic Signals 34 41 13 Removing Traffic Signals 34 41 20 Roadway Illumination Assemblies 34 41 30 Aluminum Signs 34 71 13 Traffic Control Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION DIVISION 00 GENERAL CONDITIONS UTILITIES 0041 00 DAP BED FORM Paga 1 00 SECTION 00 4100 ORIGINAL DAP BID FORM HRUS Alliance, LLC TO: 2200 Ross Avenue, Suite 420OW Dallas, TX 75201 FOR: 1 24" Water Transmission Main to serve Northlink Logistics Center City Project No.: 1102189 1 Units/Sections: Water No. 56008-0600430-102189-001480 X - 26096 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. CITY OF FORT WORTH STANDARD CONSTRUCTION BiD FORM — DEVELOPER AWARDED PROS€CTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 004100 DAP HID FORM,L. Page 2 of 3 b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition.. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. PrequaliBcation The Bidder acknowledges that the following work types. must be performed only by prequalified contractors and subcontractors: Water and Wastewater New Development, Rehabilitation, and Redevelopment Open Cut (All Sizes) 4. Time of Completion 4.1. The Work. will be complete for Final Acceptance within ] 40 working days after the date when the Contract Time commences to run as provided in the General Conditions, 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made apart of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. PrequaliGcation Statement, Section 00 45 12 f. Any additional documents that may be required by Section 1.2 of the instructions to Bidders g. Bidder pre -qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete. the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening, 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amountentered below is subject to verification and/or modification by multiplying the unit CITY OF FORT WORTH STANDARD CONSTRUCTION RID FORM — DEVELOPER AWARDED PROJECTS 00 4100 2id Farm — DAP.docx Form Revised April 2, 2014 0041 00 DAP BID FORM Pagr 3 0F3 bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise deletes Total Base Bid $478 821.00 Alternate Bid Deductive Alternate Additive Alternate TOTAL BID $478 821.00 7. Bid Submittal This Bid is submitted on I 12 Z/P by the entity named below: Respectfully submitted By: (Signature) Receipt is acknowledged of the following Addenda: Initial ?A&;4 raS/L,f,C Printed Name Addendum No. I Op (Title) Addendum No. 2 Addendum No. 3 Company: North Texas Contracting, Inc. Addendum No. 4 Address: 4999 Keller Haslet Rd. Fort Worth, TX 76244 State of Incorporation: Tx Email: � aak e vl F-U co,n . -'-,,, Phone: qa (-4 - q( ,) . 15 0 0 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM - DEVELOPER AWARDED PROJECTS 00 4100 Did form - DAP.docx Form Revised April 2, 2014 W 42 43 37D PROPOSAL. F.V I of I NORTHLINK LOGISTICS CENTER 24" WATER MAIN IMPROVEMENTS Bid Proposal - CPN#102189 UNIT PRICE BID Project Item Information CONTRACTOR NAME Bidlist Item No. Description Specification Section No. Unit of Measure Bid Ouantity Unit Price Sid Value Water FacNties 1 13311.0161 6" PVC Water Pipe 33 11 10,33 11 12 LF 23 $54,00 $1,242,00 2 3311,0451 12" DIP Water 3311 10 LF 244 88m $21,47ZOO 3 3311.0461 12" PVC Water Pie 33 1110, 33 11 12 LF 116 $76.00 8 360.00 4 3311,0661 24" PVC C905 Water Pipe 3311 12 LF 1,983 133.00 263 739.00 5 3311.0667 24" PVC C905 Water Pie CLSM Backril 331112 LF 10 $94,00 $940,00 6 3304.0101 WalerTest 33 04 30 LF 2.360 $1.00 12,36G.00 7 3305.0109 Trench Safe 33 O5 10 LF I 2 160 $1.001 $2,160.00 8 13305.1104 24' Casing By Other Than Open Cut 33 05 22 LF 200 $450.00 $90,000.GG 9 3311,0001 Ductile Iron Water Fittings W Restraint 24" Water 33 11 11 TON 2.3 $4,850.00 $11,155.00 10 3311.0001 Ductile Iron Water Fittings w1 Restraint 12" Water 33 11 11 TON 0.3 3 500.00 $1,050,00 11 3312.0001 Sid. Fire Hydrant Assembly wl 6" Gate Valve & Valve Box 33 12 40 EA 4 $4,50fWO $18.Doom 12 3312.1003 3" Combination Air Valve ASSembl for Water 33 12 30 EA 1 $9,650.00 $9,650.00 13 3312.3005 12" Gate Valve & Valve Box 33 12 20 EA a 1 400.00 5600.00 14 3312.3008 24" Gate Valve w/ Vault 33 12 20 EA 3 $13,000.00 $39,000.00 15 133120117 Connect to Existing Water Main 1 33 12 25 1 EA 1 $4,093.001 $4.093.00 All bidders shall provide unit pricing for the Items listed below and failure to provide unit costs for said bid items will cause the bidder to be considered unresponsive and be disqualified. These items are for cost sharing purposes and will Not Be Awarded as part of this contract. 42 13311.0461 12' PVC Water Pi 33 11 12 LF 1 983 $76.00 $150 708.00 58 3311.0467 12" PVC Water Pipe, CLSM Backfill 331112 LF t0 $84.00 $840.00 9a 3311.0001 Ductile Iron Water Fittings wl Restrains 12" Water 33 11 11 TON 6.7 $3 500.001 $2 450.00 14a 13312.3005 12" Gate Valve wl Vault 331220 EA 3 $1.400.001 $4,200.00 This bid is submitted by the entity listed below: Company: North Texas Contracting, Inc. Street Address: 4999 Keller Haslet Rd. City, State, Zip Code: Fart Worth, TX 76244 Phone: 817A30-9500 By: h Fusilier Signature Title: Vise President Date: Contractor agrees to complete WORK for FINAL ACCEPTANCE within leo working days after the date when the CONTRACT commences to run as provided In the General Conditions. END OF SECTION CTrY OF FORT WONTII %TANDARD LYINSTRUc'T1UN SPECIFICATION rxxUVENTs Tom, R--j 20120120 N�hline - 24" Wat,, Kffim" CPN 10?189 004511-1 BIDDERS PREQUAI.IFICATIONS Page I of SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary. All contractors are required to be prequalified by the City prior to submitting bids. To. be eligible to bid the contractor must submit Section 00 45 12, Prequalification Statement for the work type(s) listed with their Bid.. Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and. financial analysis of the contractor. The information must be submitted seven (7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31st day.of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's Prequalification Application, the following must accompany the submission. a. A complete set of audited or reviewed financial statements: (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm's organizational documents (Corporate: Charter, Articles of Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller. of Public Accounts. To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpennit/ and fill out the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Federal Aid projects. The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other inforinnation as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial. Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH Northlink - 24" water Main STANDARD CONSTRICTION SPECIFICATION DOCUMENTS City Project 4102189 Revised April 2, 2014 0045 1 1 - 2 BIDDERS PREQUALIFICATIONS Page_2 of3 (2) To be satisfactory, the financial statements must be audited or reviewed by an independent, certified public accounting firm registered and.in good standing in. any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report.or review whether the contractor is an individual, corporation, or limited liability company. (4) Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact, independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally acceptedin the United States of America. This must be stated in the accounting firm's opinion. It should: (1) express an unqualified opinion, or (2) express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital. = current assets — current liabilities) by a factor of 1.0. Only those statements reflecting a positive net working capital position will be considered satisfactory for pre. qualification purposes. (10) In the case that a bidding date falls within the time a new financial statement is being prepared, the previous statement shall be updated with proper verification. b. Bidder Pi-egcralificatiott gpplication. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report, the notation of "None" or "NIA" should be inserted. (2) A minimum. of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which. the Contactor is seeking prequalification. The schedule mast include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid a, The City shall be the sole judge as to a contractor's prequalification. b. The City may reject, suspend, or modify .any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH North€ink 24" Waier Main STANDARD CONSTRUCTION SPECIFICATION DOCJJMFNTS City Project 4102189 Revised April 2, 2014 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter, END OF SECTION CITY OF FORT WORTH Northlink - 24" Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project n 10211Iz2 Revised April 2, 2014 0045 12 DAP PREQUALIFICATION STATEMENT Page I of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Type" box provide the complete major work type and actual description as provided by the Water Department for water and sewer and TPW for paving, Major Work Type Contractor/Subcontractor Company Name Prequalification Ex iration Date Water and Wastewater New Development, Rehabilitation, and Redevelopment Open Cut North Texas Contracting, Inc. 04/30/2020 (All Sizes) The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. 1:310II7OUT North Texas Contracting, Inc. 4999 Keller Haslet Rd. Fort Worth, TX 76244 BY: (Signature) NAME/TITLE: -?4 e—H i:--i e rA DATE END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATtON STATEMENT — DEVELOPER AWARDEC) PROJECTS Form Version September 1, 2015 t12 2/Lo V/0 Northl ink - 24" Water Main/City Project ai0zm 00 45 12_PfequaI Statement 0045 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Type" box provide the complete -major work type and actual description as provided by the Water Department for water and sewer and TPW for paving; Major Work Type Contractor/Subcontractor Company Name Prequalifcation Expiration Date Water and Wastewater New Development, Rehabilitation, and Redevelopment Open Cut North Texas Contracting, Inc. 04/30/2020 (All Sizes) The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: North Texas Contracting, Inc. BY: 4999 Keller Haslet Rd. Fort Worth, TX 76244 (Signature) NAMEITITLE: i.f c l-- DATE: �2Vz� END OF SECTION CITY OF FORT WORTH Northlink - 24" Water Main/city Project 9102189 STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT - DEVELOPER AWARDED PROJECTS 0045 12_Prequai Statement Form Version September 1, 2015 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No 102189 . Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: North Texas Contracting, Inc. Company 4999 Keller Haslet Rd Address Fort Worth, TX 76244 City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT By: 4gf-W Ft s I1-1,e Q - (Please Print) Signature: Z—­L� !/ Title: VP BEFORE ME, theeUndersigned authority, on this day personally appeared Z 41,tf r'A s, L irk- , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of �)„a�T V4 s ��T ktfor the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this t L day of J� J ��,� 7 , 20 2°. ,\Sx&\ rrLAY CO��f�y Q,sO 04�c • st.�rFo l�f = Notary Public inInd for the State of Texas n. - FBq Ry END OF SECTION CITY OF FORT WORTH Northlink - 24" Water Main STANDARD CONSTRUCTION SPECIFICATION DOCIMFNTS City Project #102189 Revised April 2, 2014 04 52 43 - 1 Developer Awarded Project Agreement Page l of 4 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on c�Q is made by and between the Developer, HRUS Alliance, LLC authorized to do business in Texas and Contractor, North Texas Contracting, Inc. , authorized to do business in Texas, acting by and through its duly authorized representative. Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 24" Water Transmission Main to serve Northlink Lo-eistics Center City Proiect #102189 Water No. 56008-0600430-102189-001480 X — 26096 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 3.2 Final Acceptance. The Work will be complete for Final Acceptance within 140 working days after the date when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. 3.3 Liquidated damages Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer Two Hundred & Fifty Dollars ($250.00) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Nurthh,,A - 24 " Wale, Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROTECTS Cioj Project 0102189 Revised June 16, 2016 o4S243-2 Developer Awarded Project Agreement Page 2 of 4 Article 4. CONTRACT PRICE Developer agrees to pay Contractor for performance of the Work its accordance with the Contract Documents an amount in current funds of pour Hundred Seventy Eight Thousand Eight Hundred Twenty One & 00/100 Dollars ($478,821.00)„ Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federaldocuments(project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) f Power of Attorney for the Bonds g. Worker's Compensation Affidavit h, MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions, 5, Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. S. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to .Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT- WORTH Nonidink - 24 - Matei, Main STANDARD CONSTRUCTION SPECIFICATION DOCI.JtvlFNTS - DEVELOPER AWARDED PROJECTS 04y Pry/evt 410210 Revised June 16, 2016 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of Article 6. INDEMNIFICATION 61 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought sou were caused, in whole or in_part, by a „ --�..._ any act, omission or negligence of the city.,.„_ This indemnity provision isintended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is -specifically intended to ol2erate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, bV any act omission or ne li ence of the city. Article 7..MISCELLANEOUS 7.1 Terms. Terrns used in this Agreement are defined in Article I of the Standard City Conditions of the Construction Contract for Developer Awarded Projects, 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the Developer. 7.3 Successors and Assigns. Developer and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the. Contract: Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon DEVELOPER and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United. States District Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Nmtihlink - 24" Meter Main STANDARD CONSTRUCTION SPECIFICATFON DOCUMENTS.- DEVFLOPER_ AWARDED PROJECTS Cii i,Project }I.02IS9 Revised June 10, 2016 005243-4 Developer Awarded Project Agreement Page 4 of 4 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date") Contractor: North Texas Contracting, Inc. By: Si nature 1 Printed Name Title: VP Company Name: North Texas Contracting, Inc. Address: 4999 Keller Haslet Rd. Fort Worth, TX 76244 Date: I O Developer: HRUS Alliance, LLC By: (Signature) Printed Name Title:�� Company Name: HRUS Alliance, LLC Address: 2200 Ross Avenue, Suite 420OW Dallas, TX 75201 Date: I Z ��� CITY OF FORT WORTH Northlink-24" Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ciry Pmfect #102189 Revised June 16, 2016 4 `' v Bond No, SU1162696 0062 13 - 1 PERFORMANCE. BOLD Page I of 2 SECTION 00 62 13 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL, BY THESE PRESENTS: COUNTY OF TARRANT § That we, North Texas Contraetin Inc. , known as "Principal" herein and, Arch, Insurance Company , a corporate surety(sureties, if.more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, HRUS Alliance LLC , authorized to do business in Texas.("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of, hour Hundred Seventy Ei>sht Thousand Eight Hundred Twenty One & 001100 Dollars $478 821.00. lawful money of the United States, to.be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the .Developer and the City as dual obligees, we. bind ourselves, our heirs, executors, administrators, successors and assigns; jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community .facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number 19-0088 ;and WHEREAS; the Principal has entered into a certain written contract with the Developer awarded the 22- day of 1,� &-7 , 20Z4, which. Contract is hereby referred to and made a part hereof r for all purposes as if fully set forth herein,. to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as- .._24'Water Transmission_ Main to serve Northlink Logistics Center. NOW, THEREFORE, the condition of this obligation is such that if the said .Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the Developer and/or City; then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDER FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Northl ink - 24" Water Main STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City. Project 9102189 Revised January 31,.2012 00b213-2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the i z day of --fA � , 20?e ATTEST: (Principal) Sccre Witness as to it cip Witness as to Surety PRINCIPAL: North Texas Contracting, Inc BY:�� - Signature Zach Fusilier, Vice President Name and Title Address: 4999 Keller Haslet Rd. Fort Worth TX 76244 SURETY: Arch Insurance Company BY:t Signature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Telephone Number: 214/989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Northlink - 24" Water Main City Project ##102189 SECTION 00 62 14 PAYMENT BOND THE STATE OF TEXAS § COUNTY OF TARRANT § Bond No..SU1162696 0062 14 - l PAYMENTBOND Page i of 3 KNOW ALL BY THESE PRESENTS: That we, North Texas Contractin Inc. , known as "Principal" herein, and, Arch Insurance Company , a corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas, knownwi "Surety" herein (whether one or more), are held and.firmly bound unto the Developer, HRUS Alliance LLC , authorized to do business in Texas "(.Developer"), and the City of Fort Worth; a Texas municipal corporation ("City"), in the penal sum of Four Hundred Seventy Eight Thousand Ei ht Hundred Tiven_ty One & 001100 Dollars ($478,821.00) lawful money of the United States, to be: paid in Fort Worth; Tarrant County, Texas; for the payment of which sum welland truly be trade jointly unto the Developer and the City as dual obligees; we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, CFA Number 19-0088 ; and WHEREAS, Principal has entered into a certain written Contract with Developer, awarded the 2L day of J �,.�,,,, , 20zo, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said. Contract .and designated as 24" Water Transmission Main to serve: Northlink Logistics Center NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and. effect. CITY OF FORT WORTH Northlink - 24" Water Main STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 00Project TI02189 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 3 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 2 2— day of 202,:. ATTEST: �5� �-, (Principal) Secret Witness as to c' ATTEST: 30AM W- t7uG (Sure ) Secretary Witness as to Surety PRINCIPAL: North Texas Contracting Inc. BY: Signature Zach Fusilier, Vice President Name and Title Address: 4999 Keller Haslet Rd. Fort Worth, TX 76244 SURETY: Arch Insurance Company BY ' o> Signature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 Dallas TX 75244 - Telephone Number: 214/989-0000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Northl ink - 24" Water Main STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project #102189 Revised January 31, 2012 0062 i4-3 PAYMENTBOND Page 3 of 3 CITY OF FORT WORTH North]ink - 24" Water Main STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project 4102189 Revised January 31, 2012 Bond No. SU1162696 SECTION 00 6219 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § 00 62 19 - 1 MAINTENANCE BOND Page] of 3 KNOW ALL BY THESE PRESENTS: That we, North Texas Contracting, Inc. , known as "Principal" herein and, . Arch Insurance Company _ . ,.a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas,.known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, HRUS Alliance LLC , authorized to do business in Texas. ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sutn of ._ _. Four Hundred Seventy Eight Thousand Eight Hundred Twenty One & 00/100 Dollars ($478,821.00) _, lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which surn well and truly be made jointly unto the Developer and the City aa dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number 19-0088 ; and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the ZI— day of a11 , 2(? which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting.from a duly authorized Change Order (collectively herein, the "Work") as provided for in said Contract and designated as 24" Water Main Transmission to serve Northlink Logistics Center; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and. CITY OF FORT WORTH Northlink - 24" Water Main STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS City Project 410218.9 Revised January 31, 2012 006219-2 MAINTENANCE BOND Paget of 3 WHEREAS, :Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from. the Developer and/or City of the need thereof at anytime within the Maintenance .Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work; for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full forceand effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, itis agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond., venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous innature and successive recoveries tray be had hereon for successive. breaches. CITY OF FORT WORTH NDrthlink - 24" Water Main STANDARD CITY CONDITIONS — DEVELOPER. AWARDED PROJECTS City Project # 102189 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the ZL day of S. _-AZ_ , 20 ZQ ATTEST: (Frr—incipal) Secretaff Witness as to Pri IcPal ATTEST:3�3 .Ilk T ult o (Surety) Secretary Witness as to Surety PRINCIPAL: North Texas Contractina. Inc. BY: Signature Zach Fusilier, Vice President Name and Title Address: 4999 Keller Haslet Rd. Fort Worth, TX 76244 SURETY: Arch Insurance Company BY�-- Signature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 Dallas TX 75244 Telephone Number: 214/989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Northlink - 24" Water Main STANDARD CITY CONDITIONS — DEVJ LOPER AWARDED PROJECTS City Project 4102189 Revised January 31, 2012 OOML0013 00 03 03 Page I.Qf:2 Printed in U.S.A. AIC 0000290484 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers; this 261h day of September, 2019. Attested and Certified ti sFiu �sn Patrick K. Nails, Secretary STATE OF PENNSYLVANIA SS�� COUNTY OF PHILADELPHIA SS Arch Insurance Company David M. m e stein, Executive Vice President I' MicheleTripodi; a Notary Public, do hereby certify that Patrick K. Nails and David M FinkeNtein; personally known to me to be the same persons 'whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the lawsof the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being !hereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. C0MM41iWFAi.TH.0g PENNSYL1iAN A4 .WC45U MIMI, Nuuwy th0c City of MlmEp k Fh y bounty ' i� Cortamisston ��es Duty 11, 2D27 'JYIL-e� 141-� Michel Trip di, Notary Public My com ission expires 07/31 2021. CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated September 26, 2019 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected. Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed .the corporate seal of the Arch Insurance Company on this __Z2— day of J•-t/t/ g7 , 20 �b Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance —Surety Division 3 Parkway, Suite 1500 Philadelphia; PA 19102 001AL001 3,00 03 03 Page 2 of 2 Printed in US.A. IMPORTANT NOTICE TO ALL TEXAS POLICYHOLDERS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: You may call Arch. Insurance Group's toll -free telephone number for information or to make a complaint at: 1-866-4.13-5550 You may also write to Arch Insurance. Group at: Arch Insurance Group Harborside 3 210 Hudson Street, Suite 300 Jersey City, NJ 07311-1107 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: http-/Iwww.tdi.texas.gov E-mail: ConsurlerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the Arch Insurance Group first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener information o para someter una queja: Usted puede llamar al numero de telefono gratis de Arch Insurance Group para information o para someter una queja al: 1-866-413-5550 Usted tambien puede escribir a Arch Insurance Group: Arch Insurance Group Harborside 3 210 Hudson Street, Suite .300 Jersey City, NJ 07311-1107 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS O RE;CLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe: comunicarse con el Arch Insurance Group primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de information y no se convierte en parte o condition del documento adjunto. 00 ML0042 44 04 16 Page 1 of 1 POLICY NUMBER: Epp0g48+712 COMMERCIAL GENERAL LIABILITY ;CG 20:'37 07 04. THIS ENDORSEMENT CHANGES THE POLICY: PLEASE READ IT CAREFULLY: ADDITIONAL INSURED -W- OWNERS, LESSEES OR. CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies<in.surance provided under the following- COMM ERCIAL GENERAL LIABI.ITYCOVERAGE PART Name Or Additional -insured Person(s) Blanket as required by written contract SCHEDULE And. Of Any/All,locations required by written contract Any/All projects requited by written contract information required to-com let&this Schedule, if not. <shown above will be shown in the ©eclarations, CG 2.0 37 W 04 0 ISO: Properties, Inc_, 2004 Page-1 :of 1 POLICY NUMBER: EPP0449711 COMMERCIALGENERAL LIABILITY W 20,10 07.04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - O'WNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON. OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE home Blanket as required by written contract Location!§) Of _Covered, Any/All locations required_ by written contract Any/All projects required by w1itt►en cantrad Informs ion required to complete. this Schedule- it not shown'above will be shown:in the'..Declarations. A. Section )I -. Who Is An Insured is amended to include as an additional insured the persor(s) or organizatioNs. )..shown in- the Schedule, but only with,respecl'to liability for "bodily`inJury", "property damage" or "personal and advertising, injury' caused, in'whole'or'in part; by c Your acts orornissions or 2. The acts or omissions of those acting on your behalf,, in the performance of your:.­ongotr g opeta.t for the additional insureds) at the locations) desg- nated above. B. With respect to ;the insurance afforded to these additional insureds, thefollowing additional :exciu- dons apply: This insiki ihce: does, opt apply to "bodily injury" or do property damage occurring after: 1. All work, including materials; parts of equip- ment furnished in '.connection with such .work; On tho project (other than service,, mairitenance; or repairs) to be performed by or -on behalf of the additional insureds) ;af the location of the coverer) operations has been completed.; or 2. That portion of 'your world' out of -which the injury or damage:ariises has been put to its in- .tended.use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as:a partrf the same project, CG 20 10.07.04 0 ISO Properties, Inc., 2004 Page of 1 M POLICY NUMBER: EPP0448712 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: erage: Begins on Pa-ge: I. Employee Benefit Liability Coverage ................. :............................. _...................... ............ .............. 2 2. Unintentional Failure to Disclose Hazards .............................................. .........:..........................:....... 7 3. Damage to Premises Rented to You . ................................................................................. 8 4. Supplementary Payments .............................................. ................................................._....... 9 5. Medical Payments ............. .......................................................... .,......................................... ..... 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.).................. ......................,.............................................. 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................10 8. Waiver of Subrogation ...., ..................................................................................................10 �i:uttit�,�@ftlional insured; Specified Rela#tonships ,` , 10 * Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions - Permits Relating to Premises; • State or Political Subdivisions - Permits; and • Contractors` Operations 10. Broadened Contractual Liability - Work Within 50' of Railroad Property ......................................... 14 11. Property Damage to Borrowed Equipment.................................................................................. 14 12. Employees as Insureds - Specified Health Care Services: ...................... __ .............................. 14 • Nurses; Emergency Medical. Technicians; and • Paramedics 13. Broadened Notice of Occurrence .............................................................................................. 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.. Page 1 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE. ADVANCE PREMIUM (a) Area (b) Payroll ( For Limits in Excess of {For Limits in Excess of (c) Gross Sales $5,000) $5,p00) (d) Units e Other b. Care, Custody or Control $ TOTAL ANNUAL PREMIUM $ 11.. Property Damage. to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- 1. Employee Benefit Liability Coverage plicable limit of insur- ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee. Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for theinsured becomes legally under Supplementary Pay - obligated to pay as dam- ments. ages caused by any act, er- ror or omission of the in- (b) This insurance applies to sured, or of any other per- damages only if the act, er- son for whose acts the in- ror or omission, is negli- sured is legally liable, to gently committed in the Which this insurance ap- administration of your plies. We will have the right it benefit pro - and duty to defend the in- gram", and sured against any "suit" 1) Occurs during the pok seeking those damages. icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have. report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit'.' that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" 2) Our right and. duty to when any "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 i) Reports all, or formance of investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision to participate or not to ii) Receives. a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram".. ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ante, any workers' compensation, unemployment compensa- (2} Exclusions tion insurance, social secu- This insurance does not apply rity or disability benefits law or any similar law. to: (a) Bodily Injury, Property (9) ERISA Damage or Personal and Damages for which any in - Advertising injury sured is liable because of "Bodily injury", "property liability imposed on a fiduci- damage" or "personal and Re - ary by the Employee Re- tirement Income Security advertising injury". Act of 1974, as now or b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state .or local laws. Damages arising out of any intentional, dishonest, (h ) Available Benefits fraudulent, criminal or mali- Any claim for benefits to the cious act; error or omission, extent that such benefits committed by any insured, including the willful or reck- are available, with reason - less violation of any statute. able effort and cooperation of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer, including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under (j) Employment -Related any plan included in the Practices "employee benefit pro- gram". Any liability arising out of any: (e) Inadequacy of Perform- (1) Refusal to employ; ante of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1} Failure of any invest- evaluation, reassign- ment, discipline, defa- mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 b. ment-related practices, (e) A trust, you are an insured. acts or omissions; or Your trustees are also in- (4) Consequential liability sureds, but only with re - spect to their duties as as a result of (1), (2) or trustees. (3) above, This exclusion applies (2) Each of the following is also an whether the insured may be insured: held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having (3) Supplementary Payments proper temporary authori- zation to administer your SECTION 1 - COVERAGES, "employee benefit program" if you die, but only until your SUPPLEMENTARY PAY- MENTS - COVERAGES A AND legal representative is ap- B also apply to this Coverage. pointed. Who is an Insured (c) Your legal representative if you die, but only with re - As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION If - WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the Declarations as: (3) Any organization you newly ac- quire or form, other than a part - (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that (b) A partnership or joint ven- organization. However, cover- age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business. whichever is earlier; and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or - conduct of your business. ganization. Your managers are in- sureds, but .only with re- spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en - a partnership, joint venture tirety and replaced by the following: or limited liability company, you are an insured. Your (1) The Limits of Insurance shown xecu "executive officers" and di- in Section B. Limits of. Insur- ance, 1. Employee Benefit. Li- are insureds, but rectorsability only with respect to their Coverage and the rules duties as your officers or di- below fix the most we will pay regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 1S .(b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations applies to all damagessustained by any one "em- making claims or bringing suits"; ployee"; including such "employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this 'insur- employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1j Our right htthed duty to is the most we will pay for all defend assured damages because of acts, er- st a against "suits" againse or omissions negligently g those dam - committed committed in the "administra- ages; and tion" of your "employee benefit 2) Your duties, and the program". duties of any other in- (3). Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission, or claim, of Insurance, 1. Employee Benefit Liability Coverage of apply irrespective of the this endorsement is the most we application of the deductible will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon (a) An act, error or omission; or notification of the actiontaken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount a5 less of the amount of time we have paid, that lapses between such d. Additional Conditions acts, errors or omissions, negligently committed in the „ "administration" As respects Employee Benefit Li- Li - ability Coverage, SECTION IV - „ of your ern- loyee COMMERCIAL GENERAL LIABIL- ITY CONDITIONS is amended as However, the amount paid un- follows:. der this endorsement shall not exceed, and will be subject to (1) Item 2. Duties in the Event of the limits and restrictions that Occurrence, Offense, Claim or Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit (a) Our obligation to pay dam- a. You must see to it that we are noti- fied as soon as practicable of an act, ages on behalf of the in- sured applies only to the error or omission which may result in amount of damages in ex- a claim. To the extent possible, no - tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam - this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable, c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, sum- monses or legal papers re- ceived in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investi- gation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organiza- tion which may be liable to the insured because of an act, error or omission to. which this insur- ance may also apply, d. No insured will, except at that in- sured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our con- sent. (2) Item 5. Other Insurance is de- leted in its entirety and replaced by the following: 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. 4idrW0ftV1(VaWdd z This insurance is pri- mary except when c. below applies. If this insurance is primary,. our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b. below. b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, Whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery un- der any other insur- ance in force previous to the effective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit Li- ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs"; b. Interpreting the "em- ployee benefit pro- grams'; C. Handling records in connection with the "employee benefit pro- grams"; or d. Effecting, continuing or terminating any "em- ployee's participation. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro - a. Handlinggrams; payroll de- leave of ab- ductions; Bence programs, in- cluding military, mater- b. The failure to effect or pity,. family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- surance, social security (2) The following definitions are benefits, workers' com- deleted in their entirety and re - pensation and disability placed by the following: benefits. 21: "Suit" means a civil pro- 2. "Cafeteria plans" means ceeding in which money damages of an plan authorized byapplica- � ble law allow employ- .because act, error or omission to ees to elect to pay. for cer- which this insurance applies "Suit" taro benefits with pre-tax are alleged. includes: dollars. a. An arbitration pro- 3. "Employee benefit pro- ceeding in which such damages are claimed grams" means a program providing some or all of the and to which the in - following benefits to "em- sured must submit or does submit with our ployees", whether provided F consent; through a cafeteria plan or otherwise: b. Any other alternative a. Group life insurance; dispute resolution pro - ceeding in which such group accident or health insurance; den- damages are claimed tal, vision and hearing and to which the in - sured submits with our plans; and flexible spending accounts; consent; or provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and yee means a g, "Employee" p per - such benefits are made son actively employed, for - generally available to merly employed, on leave those "employees" who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bility requirements; dudes a "leased worker". "Employee" does not in- b. Profit sharing plans, clude a "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock subscription plans, SECTION 1V - COMMERCIAL GENERAL provided that no one LIABILITY CONDITIONS, 7. Represen- other than an "em- tations is hereby amended by the addi- ployee" may subscribe tion of the following: to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph shrinking or ex- 2. SECTION I - COVERAGES, pansion; or COVERAGE A. - BODILY INJURY f) [Vesting or infes#a- AND PROPERTY DAMAGE, 2. LI- Lion,. or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c. through q. do not apply secretions, by in- sects, birds, ro- to damage by fire, explosion, light dents or other ning, smoke or soot to premises animals. whilerented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- b. The insurance provided under SEC- ing: TION I - COVERAGES; COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move - to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.b. above: 3) Water under the The exclusions under SECTION ground surface press - ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than L walls,. floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting Tract; or from leaks that plumbing,heat- !lows from plumbing, 2) Loss caused by or re- ing, air conditioning, or fire sulting from any of the protection systems caused following: by or resulting from freez- a) Wear and tear; ing, unless: b) Rust, corrosion, 1) You did your best to maintain heat in the fungus, decay, deterioration, hid - building or structure; or den or latent de- 2) You drained the feet or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main - age or destroy it- tained. Self; (d) Loss to or damage to: c} Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro - breakdown in- tection systems, or eluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 8 of 15 caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c.. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION III - LIMiTS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of any one 'occurrence" to which this insurance ap- plies. (3) The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement, 4. Supplementary Payments Under SECTION I. - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at. our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. 5. Medical Payments The .Medical Expense. Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, S. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; 2. Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (.1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations mak- ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in ex- cess of the deductible amount stated in Section B. Limits of Insurance, 6. Voluntary Prop- erty Damage and Care, Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION If - WHO IS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- lowing: a. Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 8 WaNet' of Subrogatiori' SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following; We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. 9. Automatic Additional Insured - Speci- mdd FBl i�12 a. The following is hereby added to SECTION 11- WHO IS AN INSURED: (1). Any person or organization de- scribed in. Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided. (a) The written or oral contract or agreement is: 1) Currently in effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability aris- ing. out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not apply to: 1) Any "occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 you cease to be a ten- c). Any physical or ant in that premises. chemical change 2} Structural alterations, in the productmade intentionally new construction or demolition operations by the vendor; performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- (b) Any person or organization pose of inspection, demonstration, from which you lease testing, or the equipment nt with whom you substitution o f have agreed per Paragraph parts parts under in- above to provide in- ions from the strucmanufacturer, surance. Such person(s) or and organization(s) are insureds then repackaged solely with respect to their In the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust - However, this insurance ments, tests or does not apply to any "oc- servicing as the currence" which takes place vendor has after the equipment lease agreed to make or expires. normally under- (c) Any person or organization takes to make in the (referred to below as ven- usual course of business, in dor) with whom you have connection with agreed per Paragraph 9.a.(1)or 9.a.(1) above to provide in- the distribution surance, but only with re- sale sale the prod- spect to bodily injury or "property damage" arising f) Demonstration, in - out of "your products" which stallation, servic- are distributed or sold in the ing or repair op - regular course of the ven- erations, except dor's business, subject to such operations the following additional ex performed at the. elusions: vendor's premises 1) The insurance afforded in connection with the sale of the the vendor doss not product; apply to: a) "Bodily injury" or g) Products which, after distribution or "property damage" sale by you, havebeen for which the ven- labeled or dor is obligated to relabeled or used pay damages by reason of the as- as a container;part sumption of liabil- or ingredient of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in - vendor would sured person or or - have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment, have acquired such products, orany b} Any express war- ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in - products; or jury", "property dam- b) When liability in- age" or "personal and advertising injury" aris- cluded within the products- ing out of operations completed opera- performed for the state or political subdivision. tions hazard has been excluded if) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products, but only with respect to li- (d) Any state or political subdi- ability arising out of "your work performed for that vision with which you have. additional insured by you or agreed per Paragraphon 9.a.(1) above to provide in- your behalf. A person or surance, subject to the fol- organization's status as an insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex - issued a permit in connec- piration date of this Cover- tion with premises you own, age Part. If there is no rent or control and to which written contract or agree - this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a Hance, repair, eon- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- tions and similar expo- (a) Subparagraphs (e) and (f) "bodily does not apply to sures; or injury" or "property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- acts -completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to elevators covered by bodily injury", property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has Defects in design issued a permit. 1 ) fur- nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 12 of 15 of the additional in- sured; or 2) The rendering of, or failure to render, any professional architec- tural, engineering or surveying services, in- cluding: a) The preparing, approving or fail- ing to prepare or approve maps., shop drawings, opinions, reports, surveys, field or- ders, change or- ders or drawings and specifications; and b) Supervisory, in- spection, archi- tectural or engi- neering activities. 3) "Your work" for which a consolidated (wrap-up) insurance program has been provided by the prim.econtractor-project manager or owner of the construction project in which you are in- volved. b. Only with regard to insurance pro- vided to an additional insured desig- nated under Paragraph 9.a.(2) Sub- paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Coverage Part, whichever are less. If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits ap- plicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of in- surance are inclusive of and not in addition to the limits of insurance shown in the Declarations. c. SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS is hereby amended as follows: (1) Condition 5. Other Insurance is amended to include: (a) Where required by a written contract or agreement, this insurance is primary and / R3r1.irmn(MftWW2 as re- (b) Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except: 1) As otherwise provided in SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS, 5.Other Insurance, b. Excess Insurance; or 2). For any other valid and collectible insurance available to the addi- tional insured as an additional insured by attachment of an en- dorsement to another insurance policy that is written on an excess basis. In such case, the coverage provided under this endorse- ment shall also be ex- cess. (2) Condition 11. Conformance to Specific Written Contract or Agreement is Hereby added: 11. Conformance to Specific Written Contract or Agreement With respect to additional insureds described in Para- graph g.a.(2)(f) above only: If a written contract or agreement between you and the additional insured specifies that coverage for the additional insured: Includes copyrighted material of Insurance - GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15 tional insured ismore re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever, the written contract or agreement specifies the In- surance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9.a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply. 10. Broadened Contractual Liability Work Within 50' of Railroad Property It is hereby agreed that Paragraph L(1) of Definition 12. "Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 1.1. Property Damage to Borrowed Equip- ment a. The following is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not. apply to tools or equip- ment loaned to you, provided. they are not being used to perform opera- tions at the time of loss. b. With respect to the insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of insurance shown in the. Declarations are replaced by the limits designated in Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring suits (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of .Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d) of SECTION 11 - WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- €ncludes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. This requirement applies only when the 'occurrence" or offense is known to an "authorized representative". Includes copyrighted material of insurance GA 233 02 07 Services. Office, Inc., with its permission. Page 15 of 15 DAMAGE LIABILITY, except dam- age" included in the "products -completed op - ages because of "bodily injury" or erations hazard". "property damage" included in the "products -completed operations 4. Subject to 2.a. above, the Personal and Ad - hazard"; and vertising Injury Limit is the most we will pay under COVERAGE B. PERSONAL AND AD- (2) Medical expenses under COVER- VERTISING INJURY LIABILITY for the sum of AGE C. MEDICAL PAYMENTS, all damages because of all "personal and ad - which can be attributed to operations at vertising injury" sustained by any one person only a single. location owned by, or rented or organization. or leased to you. 5. Subject to 2. or 3. above, whichever applies, c. A separate Construction Project General the Each Occurrence Limit is the most we will Aggregate Limit of Insurance, equal to pay for the sum of: the amount of the General Aggregate a. Damages under COVERAGE A. BODILY Limit shown in the Declarations, shall ap- INJURY AND PROPERTY DAMAGE LI- ply to each construction project and is the ABILITY; and 1MbstwdV,611'pA�4e9fhe sum of: b. Medical expenses under COVERAGE C. (1) Damages under COVERAGE A. MEDICAL PAYMENTS; BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- because of all "bodily injury" and "property ages because of "bodily injury" or damage" arising out of any one "occurrence". "property damage" included in the "products -completed operations 5. Subject to 5. above, the Damage to Premises hazard"; and Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND (2) Medical expenses under COVER- PROPERTY DAMAGE LIABILITY for dam - AGE C. MEDICAL PAYMENTS; ages because of "property damage" to any one premises; while rented to you, or in the which can be attributed only to ongoing case of damage by fire or explosion, while operations and only at a single construc- rented to you or temporarily occupied by you Lion project. with permission of the owner. d. Only for the purpose of determining which 7. Subject to 5. above, the Medical Expense General Aggregate Limit of Insurance, Limit is the most we will pay under COVER- 2.a., 2.b., or 2.c., applies: AGE C. MEDICAL PAYMENTS for all medical (1) ,Location means premises. involving expenses because of "bodily injury" sustained by anyone person. the same or connecting lots, or premises, whose connection is inter- The Limits of Insurance of this Coverage Part ap- rupted only by a street, roadway, ply separately to each "coverage term". waterway or right-of-way of a rail- SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS (2) Construction project means a loca- tion you do not own, rent or lease Bankruptcy where ongoing improvements, al- terations, installation, demolition or Bankruptcy or insolvency of the insured or of maintenance work is performed by the insured's estate will not relieve us of our you or on your behalf. All connected obligations under this Coverage Part. ongoing improvements, alterations, 2. Duties in the Event of Occurrence, Offense, installation, demolition or mainte- Claim or Suit nance work performed by you or on your behalf at the same location for a. You must see to it that we are notified as the same persons or organizations, soon as practicable of an "occurrence" or no matter how often or under how a "personal and advertising injury" of - many different contracts, will be fense which may result in a claim. To the deemed to be a single construction extent possible, notice should include: project, (1) How, when and where the "occur- 3. The Products -Completed Operations Aggre- rence" or offense took place; gate Limit is the most we will pay under COV ERAGE A. BODILY INJURY AND PROP- (2) The names and addresses of any ERTY DAMAGE LIABILITY for damages be- injured persons and witnesses; and cause of "bodily injury" and "property dam - Includes copyrighted material of Insurance GA loi TX o9 io Services Office, Inc., with its permission. Page l3 of 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: tA licy Number: 07-31-2019 044 87 12 Named Insured: NORTH TEXAS CONTRACTING INC Countersigned by: With respect to coverage. provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION 11 - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily iniury" or "property damage AA 4171 1105 POLICY NUMBER: Ak1448712 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to, coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An insured. Provi- sion of the Coverage Form. This endorsement does not alter coverage provided In the Coverage Form, This Pridorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorserr3ent Effective: 07/31/19 Countersigned By: (Authorized Re resentative Named Insured: North Texas Contracting, Inc. SCHEDULE Name of Person(s) or Organization(s): This endorsement is htanket.for all persons or entities required by the Prime Agreement. Applies to all projects performed. by North Texas Contracting, Inc. (if no entry appears above, Information required to .complete this endorsement will be shown in the Declarations as applicable to the endorsement,) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section It of the Coverage Form, CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 07-31-2019 IEBA 044 87 12 Named Insured: NORTH TEXAS CONTRACTING INC Countersigned by: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation SECTION IV BUSINESS AUTO CONDI- TIONS, A..Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto' when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", pro- vided'the "bodily injury" or "property damage" occurs subsequent to the execution of the "in- sured contract". AA 4172 09 09 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO. COVERAGE -FORM This endorsement changes the policy effective on the Inception date of the policy unless another date Is Indi- cated. below, Endorsement.Effective: 07131//9 Policy Number: EBA 0=1=1$7 12 Named Insured: North Texas Contracting Inc ntersigned by: With respect to coverage provided by this endorsement, the provlslons of the Coverage Form apply unless modified by the endorsement, 1, Noncontributory Insurance SECTION IV . BUSINESS AUTO COND{- TIONS, B. General Conditions, 5, Other In. surance is replaced by the following: c. Regardless of the provisions of Para- graph a. above, this Coverage Form's L1- ability Coverage is primary and we will not seek contribution from any other In- surance for arty :liability assumed under an "Insured contract" that requires liability to be assumed on a primary noncon- tributory basis. AA 4174 11 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC NON-CONTRIBUTORY COVERAGE ENDORSEMENT - WHERE REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART SCHEDULE LIMITS OF INSURANCE: $10 ,000,000 Each Occurrence Limit $10 .000,000 Aggregate Limit COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM, US 101 and US 101 UM, is amended as follows: A. SECTION III - LIMITS OF INSURANCE is It is agreed that this condition does not amended to add the fallowing: apply to the "non-contributory additional 7. For the purposes of this endorsement on- insured's" own insurance program. ly, the Limits of Insurance stated in the This exception to the Other Insurance Schedule of this endorsement and de- Condition shall only apply if the applicable scribed below will apply on a "non- "underlying insurance" applies on a "non- contributory basis" within the parameters contributory basis" for such "non - set forth in SECTION III - LIMITS OF IN- contributory additional insured" and only SURANCE of the Coverage Part to which to the extent of the specific limits of insur- this endorsement is attached: ance required in a written contract or We will not pay more an behalf of a "non- agreement on a "non-contributory basis" contributory additional insured" than the that tis in excess of the "underlying insur- that is lesser of a. The Limits of Insurance staffed in the 2. The following condition is added: Schedule of this endorsement; or 15. As a precedent to the receipt of in- I,. The limits of insurance required in a surance coverage hereunder, the "non-contributory written contract on a "non- additional insured" contributory basis" for such "non- must give written notice of such claim "suit", contributory additional insured" but or including a demand for de - , only to the extent the required. limits fense and indemnity, to any other in - of insurance are in excess of the surer who had coverage for the claim "suit" "underlying insurance"; or or under its policies. Such no- tioe must demand the full coverage c. The Limits of Insurance available of available and the "non-contributory ter the payment of "ultimate net loss" additional insured" shall not waive or on any insured's behalf from any limit such other available coverage. claim or "suit". This condition does not apply to the This provision is included within and does "non-contributory add itional insureds" not act to increase the Limits of Insurance own insurance program. stated in the Declarations. C. SECTION IV - DEFINITIONS is amended to B. SECTION IV - CONDITIONS is amended as add the following: follows: 30. "Non-contributory additional insured" 1. Condition 9. Other Insurance is amended means any person or organization; to add the following: a. Qualifying as an additional insured under SECTION 11 - WHO IS AN IN- SURED, Paragraph 3. of the Cover - Includes copyrighted material of ISO US 4096 1116 Properties; Inc., with its permission. Page 'I of 2 age Part to which this endorsement is attached; and b. Being. granted additional insured sta- tus on a "non-contributory basis" in the "underlying insurance" as re- quired in a written contract between an additional insured and a Named Insured provided: (1) The written contract or .agree- ment is executed before the "oc- currence" resulting in "bodily in- jury', "personal and advertising injury" or "property damage" for which coverage is being sought under this endorsement; and (2) The written contract or agree- ment requires a specific limit of insurance on a "non-contributory basis" that is in excess of "un- derlying insurance". 31. "Non-contributory basis" means that the limits of insurance of the Coverage Part to which this endorsement is attached apply to insured loss on behalf of the "non- contributory additional insured" prior to limits of insurance from other insurance in which the "non-contributory additional in- sured" is a named insured.. Includes copyrighted material of ISO US 4096 1116 Properties, Inc., with its permission. Page 2 of 2 Administrative Offices PCM 60 01 (Ed. 08 15) GREATqm�R1301 E. lh Street C�nti, Ohio 45202 IkSURANCE GROUP Tel: 1-513.369-5000 POLICY NUMBER: PCME235470 02 GREAT AMERICAN E & S INSURANCE COMPANY PROFESSIONAL AND CONTRACTING SERVICES ENVIRONMENTAL LIABILITY INSURANCE POLICY THIS POLICY CONTAINS SOME CLAIMS MADE AND REPORTED COVERAGES. READ IT CAREFULLY. SOME OF THE COVERAGES CONTAINED WITHIN THIS POLICY REQUIRE THAT A CLAIM BE MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED TO THE COMPANY DURING THE POLICY PERIOD OR, IF APPLICABLE, THE EXTENDED REPORTING PERIOD. SOME OF THE PROVISIONS CONTAINED IN THIS POLICY RESTRICT COVERAGE, SPECIFY WHAT IS AND IS NOT COVERED AND DESIGNATE RIGHTS AND DUTIES. LEGAL EXPENSE IS SUBJECT TO AND WILL ERODE THE LIMIT OF LIABILITY AND ANY APPLICABLE SELF -INSURED RETENTION. In this Policy, "the Company" refers to the company providing this insurance. Some other words and phrases that appear in capital letters have special meaning. Refer to Section 11— DEFINITIONS. In consideration of the payment of the Policy Premium and in reliance upon the statements contained in the Application and any other supplemental materials and information submitted in connection with the Application, and subject to all the terms, conditions, exclusions and limitations of this Policy, the Company agrees to provide insurance coverage to the INSURED as described herein: SECTION I. INSURING AGREEMENTS EACH OF THE FOLLOWING COVERAGES IS IN EFFECT ONLY IF LIMITS OF LIABILITY ARE INDICATED FOR SUCH COVERAGE IN THE DECLARATIONS. EACH COVERAGE THAT IS IN EFFECT IS SUBJECT TO SECTION VI. LIMIT OF LIABILITY AND SELF -INSURED RETENTION. A. ,COVERAGE A — PROFESSIONAL LIABILITY The Company will pay on behalf of the INSURED for LOSS and related LEGAL EXPENSE because of an actual or alleged act, error or omission in PROFESSIONAL SERVICES, which the INSURED becomes legally obligated to pay as a result of a CLAIM first made against the INSURED during the POLICY PERIOD, but only if the INSURED reports the CLAIM to the Company, in writing, during the POLICY PERIOD or, if applicable, the EXTENDED REPORTING PERIOD. B. .COVERAGE B — OCCURRENCE CONTRACTING SERVICES POLLUTION LIABILITY The Company will pay on behalf of the INSURED for LOSS, CLEAN-UP COSTS, and related LEGAL EXPENSE because of a POLLUTION CONDITION at, or migrating from, a JOB SITE that arises from CONTRACTING SERVICES or COMPLETED OPERATIONS: 1. which the INSURED becomes legally obligated to pay as a result of a CLAIM because of BODILY INJURY, PROPERTY DAMAGE or ENVIRONMENTAL DAMAGE that occurs during the POLICY PERIOD; or 2. if, during the POLICY PERIOD: (a) the POLLUTION CONDITION first begins; (b) the INSURED first discovers the POLLUTION CONDITION; and (c) the INSURED first reports the POLLUTION CONDITION to the Company, in writing. (Page 1 of 21) PCM 60 01 (Ed. 08 15) C. COVERAGE C — POLLUTION LEGAL LIABILITY ARISING FROM AN OWNED LOCATION The Company will pay on behalf of the INSURED for LOSS, CLEAN-UP COSTS, and related LEGAL EXPENSE because of a POLLUTION CONDITION migrating from a COVERED LOCATION: 1. which the INSURED becomes legally obligated to pay as a result of a CLAIM first made against the INSURED during the POLICY PERIOD; or 2. if, during the POLICY PERIOD, the INSURED first discovers the POLLUTION CONDITION, but only if: (I) the INSURED notifies the Company of the CLAIM or POLLUTION CONDITION, in writing, during the POLICY PERIOD or, if applicable, the EXTENDED REPORTING PERIOD; and (ii) the POLLUTION CONDITION originates at a COVERED LOCATION and subsequently migrates from that location; and (iii) the POLLUTION CONDITION first begins and ends within a period of seven (7) consecutive days. D. COVERAGE D — OCCURRENCE NON -OWNED DISPOSAL SITE The Company will pay on behalf of the INSURED for LOSS, CLEAN-UP COSTS, and related LEGAL EXPENSE because of a POLLUTION CONDITION on, at, under, or migrating from a NON -OWNED DISPOSAL SITE, which the INSURED becomes legally obligated to pay as a result of a CLAIM because of BODILY INJURY, PROPERTY DAMAGE or ENVIRONMENTAL DAMAGE that occurs during the POLICY PERIOD. E. COVERAGE E — OCCURRENCE IN -BOUND AND OUT -BOUND CONTINGENT TRANSPORTATION COVERAGE The Company will pay on behalf of the INSURED for LOSS; CLEAN-UP COSTS, and related LEGAL EXPENSE because of a POLLUTION CONDITION arising from the 1NSURED's goods, products, or waste, during the course of transportation by a CARRIER to or from: 1. a JOB SITE; or 2. a COVERED LOCATION, including any loading or unloading of such goods, products, or waste, which the INSURED becomes legally obligated. to pay as a result of a CLAIM because of BODILY INJURY, PROPERTY DAMAGE, or ENVIRONMENTAL DAMAGE that occurs during the POLICY PERIOD. F. COVERAGE F -- MITIGATION COSTS COVERAGE The Company will pay the INSURED's MITIGATION COSTS because of an actual act, error or omission in PROFESSIONAL SERVICES; but only if: 1. the PROFESSIONAL SERVICES were rendered subsequent to the applicable Retroactive Date, but prior to the end of the POLICY PERIOD; 2. during the POLICY PERIOD and prior to incurring any MITIGATION COSTS, the INSURED provides the Company with: (a) written notice of such act, error or omission in PROFESSIONAL SERVICES; and (b) a proposed written plan for correcting such act, error or omission, along with documentation supporting the reasonableness and necessity of such proposed plan; (Page 2 of 21) PCM 60 01 (Ed. 08 15) 3. all MITIGATION COSTS .are approved by the Company, in writing, prior to being incurred by the INSURED; and 4. the MITIGATION COSTS are not covered under any other Coverage afforded under this Policy. SECTION H. DEFINITIONS A. ADDITIONAL NAME© INSURED means any person, organization, or entity identified as an ADDITIONAL NAMED INSURED in an endorsement issued by the Company. B. AUTOMOBILE means a land motor vehicle, trailer, semi -trailer, mobile equipment, or off -road motor vehicle, including any machinery or apparatus attached thereto. C. BODILY INJURY means: 1. physical injury, sickness, disease, or building -related illness sustained by any person, including death resulting therefrom and, solely with regard to this Item CA., any accompanying medical or environmental monitoring; 2. court -ordered medical monitoring; or 3. mental anguish, emotional distress, or shock, caused by a POLLUTION CONDITION. D. CARRIER means a person or entity, other than an INSURED or any subsidiary or affiliate company of an INSURED, engaged by or on behalf of the INSURED to transport material by AUTOMOBILE, aircraft, watercraft, or rolling stock, but only if such person or entity is properly licensed to transport such material and in the business of transporting such. material. E. CLAIM means a demand, notice, or assertion of a legal right alleging liability or responsibility on the part of the INSURED because of: (i) a POLLUTION CONDITION; or (ii) an actual or alleged act, error or omission in PROFESSIONAL SERVICES, including but not be limited to lawsuits, orders, petitions or governmental or regulatory actions filed against the INSURED. F. CLEAN-UP COSTS mean the reasonable and necessary expenses incurred to investigate, remove, dispose of, abate, contain, treat, or neutralize a POLLUTION CONDITION, including any associated monitoring and testing costs: 1. to the extent required by federal, state, local or provincial laws, including but not limited to statutes, rules, ordinances, guidance documents, regulations and all amendments thereto, including state voluntary cleanup or risk based corrective action guidance, governing the liability or responsibilities of the INSURED; or 2. in the absence of items in 1. above, to the extent recommended by an ENVIRONMENTAL PROFESSIONAL. CLEAN-UP COSTS include: (a) REPLACEMENT COSTS; (b) EMERGENCY RESPONSE COSTS; (c) any associated punitive, exemplary, or multiplied damages where insurable by law; and (d) civil tines, penalties and assessments, but only to the extent they: (i) arise solely from the investigation, removal, disposal of, abatement, containment, treatment or neutralization of a POLLUTION CONDITION; (ii) are imposed by a government entity acting under authority of applicable federal, state, local or provincial laws; and (iii) are insurable by law. (Page 3 of 21) PCM 60 01 (Ed, 08 15) G. COMPLETED OPERATIONS mean CONTRACTING SERVICES that are completed. COMPLETED OPERATIONS do not include any CONTRACTING SERVICES that have not been completed or have otherwise been abandoned. CONTRACTING SERVICES will be considered completed at the earliest of the following times: 1. when all CONTRACTING SERVICES to be performed under the contract have been completed; or 2. when all CONTRACTING SERVICES to be performed at the JOB SITE have been completed; or 3. when that portion of the. CONTRACTING SERVICES has been put to its intended use by any person or entity other than another contractor or subcontractor working on the same project. CONTRACTING SERVICES that may require further maintenance, service, correction, repair or replacement, but are otherwise complete, shall be deemed completed. H. CONTRACTING SERVICES mean any contracting services stated in the Declarations, or scheduled as such onto this Policy by an endorsement issued by the Company, performed by or on behalf of the INSURED at a JOB SITE. 1. COVERED LOCATION means any location stated in the Declarations or any location scheduled as such onto this Policy by an endorsement issued by the Company. COVERED LOCATION does not include a JOB SITE. J. EMERGENCY RESPONSE COSTS mean costs, charges or expenses incurred by the INSURED on an emergency basis, where delay on the part of the INSURED would cause injury to persons, damage to property, or increase significantly the cost of responding to a POLLUTION CONDITION. The INSURED shall notify the Company of all such expenses immediately after the emergency ends. K. ENVIRONMENTAL DAMAGE means physical injury to the atmosphere, structures, soil, surface water or groundwater arising from a POLLUTION CONDITION and resulting in CLEAN-UP COSTS. ENVIRONMENTAL DAMAGE does not include PROPERTY DAMAGE. L. ENVIRONMENTAL PROFESSIONAL means an individual designated by the Company who is duly certified or licensed in a recognized field of environmental science as required by a state board, a professional association, or both. The Company shall consult with the FIRST NAMED INSURED in conjunction with the selection of the ENVIRONMENTAL PROFESSIONAL. The Company may require that such professional meet certain minimum qualifications and maintain errors and omissions insurance. M. EXTENDED REPORTING PERIOD means the Automatic Extended Reporting Period or, if applicable, the Optional Extended Reporting Period described in Section V. of this Policy. N. FIRST NAMED INSURED means the person or entity stated in Item 1. of the Declarations. 0. GREEN BUILDING MATERIALS mean any building products or construction materials that are recognized by The Leadership in Energy and Environmental Design (LEED®) or Energy Star as: (i) being environmentally preferable or sustainable; or (ii) providing enhanced energy efficiency. P. INSURED means: 1. the FIRST NAMED INSURED; 2. any ADDITIONAL NAMED INSURED; and 3. any present or former director, officer, partner, member, employee, leased or temporary worker of the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED, while acting within the scope of his/her duties as such; and 4. any organization or entity, in existence at any time prior to the POLICY PERIOD, in which the FIRST NAMED INSURED has: (i) an ownership interest of fifty percent (50%) or more; or (ii) control over the. management thereof; and (Page 4 of21) PCM 60 01 (Ed. 08 15) 5 any joint venture in which the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED is named as a co - venturer, but solely to the extent such FIRST NAMED INSURED or ADDITIONAL NAMED INSURED is liable because of its performance CONTRACTING SERVICES provided under such joint venture; and 6. solely with regard to Coverage B under this Policy and only when required by written contract, INSURED also includes: A. the client for whom the INSURED performs CONTRACTING SERVICES provided that such contract was signed by the INSURED and such client prior to the date the POLLUTION CONDITION first commenced. However, the client is included as an INSURED under this Policy solely to the extent that the client is found liable based upon CONTRACTING SERVICES negligently performed by an INSURED other than the client. No coverage will be provided for such entity's own negligence or strict liability; and S. any entity unrelated to the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED, provided that such contract was signed by the INSURED and the client for whom the INSURED performs CONTRACTING SERVICES prior to the date the POLLUTION CONDITION first commenced. However, such entity is included as an INSURED under this Policy solely to the extent that it is found liable based upon CONTRACTING SERVICES negligently performed by an INSURED other than such entity. No coverage will be provided for such entity's own negligence or strict liability. Coverage for such client or entity under this Policy shall not exceed the lesser of the following amounts: (i) the Limit of Liability required under such written contract; or (li) the applicable Coverage B Limit of Liability of this Policy. Notwithstanding Section 1X. CONDITIONS, Item N. OTHER INSURANCE, and only when required by such written contract, the coverage afforded under this Policy for any person or entity who is an INSURED solely by reason of subparagraph 6. of the Definition of INSURED will apply as primary as to any other valid and collectible insurance available to such INSURED. Q. JOB SITE means a location at which CONTRACTING SERVICES are performed. JOB SITE also includes real property rented or leased by the INSURED during the course of performing CONTRACTING SERVICES, but only if such real property is utilized in direct support of such CONTRACTING SERVICES. However, JOB SITE does not include any: 1. COVERED LOCATION; or 2. other location that is managed, operated, owned, or leased by an INSURED or any subsidiary or affiliate of an INSURED; except for any such location that is managed, operated, owned, or leased solely by any person or organization that is an INSURED only by reason of subparagraph 6. of the definition of INSURED. R. LEGAL EXPENSE means attorneys' fees and other charges and expenses incurred in the investigation, adjustment, defense, or settlement of any CLAIM for LOSS or CLEAN-UP COSTS, or in connection with the payment of any CLEAN-UP COSTS. LEGAL EXPENSE includes the fees and expenses of consultants, expert witnesses, accountants, court reporters, and other vendors, for goods or services in connection with such investigation, adjustment, defense, or settlement, whether incurred by the INSURED, defense counsel, or the Company. LEGAL EXPENSE also includes costs of appeal bonds, and pre judgment and post judgment interest. LEGAL EXPENSE does not include salary charges of regular employees or officials of the Company, fees and expenses of supervisory counsel retained by the Company, or the time and expense incurred by the INSURED in assisting in the investigation or resolution of a CLAIM or in connection with CLEAN-UP COSTS, including but not limited to the costs of the INSURED's in-house counsel. (Page 5 of 21) PCM 60 01 (Ed. 08 15) S. LOSS means: 1. solely with regard to Coverage A, a monetary judgment, award, or settlement of: (a) compensatory damages; or (b) punitive, exemplary or multiplied damages, civil fines, penalties and assessments, where insurable by law; 2. with regard to any coverage(s) other than Coverage A, a monetary judgment, award, or settlement of: (a) compensatory damages; or (b) punitive, exemplary or multiplied damages, civil fines, penalties and assessments, where insurable by law, because of BODILY INJURY or PROPERTY DAMAGE, However, LOSS does not include any: (i) return, refund, or disgorgement of any INSURED's fee or other sum, whether or not the INSURED received it for PROFESSIONAL SERVICES, expenses, or otherwise; (il) cost of complying with any injunctive or other equitable relief; or (iii) liquidated damages, whether such liquidated damages are pursuant to contract or otherwise. T. MEDIATION means the process by which a neutral third party evaluates a CLAIM and provides non -binding recommendations in an effort to facilitate a resolution of such CLAIM. U. MITIGATION COSTS mean the reasonable costs and expenses that are necessary to: 1. prevent further harm, injury or damage to persons or tangible property; or 2. reduce the INSURED's liability to any person or organization that is not an INSURED, but only if the INSURED expects to incur such liability as a direct result of an act, error or omission in the PROFESSIONAL SERVICES, However, MITIGATION COSTS do not include: (i) any of the INSURED's overhead, mark-up, profit or labor costs; (ii) any consequential damages or costs, including but not limited to delay damages, cost over -runs, lost profits, liquidated damages, or Loss of use; or (iii) any work that is a betterment or exceeds the scope of the original project. V. MOLD MATTER means mold, mildew, or any type or form of fungus, including any mycotoxins, spores, or byproducts produced or released by fungi. W. NON -OWNED DISPOSAL SITE ("NODS") means a location used for the treatment, storage, or disposal of waste, but only if: 1. the waste is generated by CONTRACTING SERVICES or at a. COVERED LOCATION; and 2. the NODS is not managed, operated, owned, or leased by the INSURED or any subsidiary or affiliate of the INSURED; and 3. the NODS is permitted and/or licensed by any federal, state, local or provincial authorities to accept such material as of the date of the treatment, storage, or disposal; and 4. the NODS is not listed on a proposed or final Federal National Priorities List ("NPL") and any State or Provincial equivalent NPL,. Superfund, or Hazardous Waste list prior to the treatment, storage, or disposal. (Page 6 of 21) PCM 60 01 (Ed. 08 15) X. POLICY PERIOD means the period stated in. Item 2, of the Declarations. However, if this Policy is cancelled by either the FIRST NAMED INSURED or the Company, the policy period ends at the effective date and time of the cancellation. Y. POLLUTANTS mean any solid, liquid, gaseous or thermal pollutant, irritant or contaminant, including but not limited to smoke, vapors, odors, soot, fumes, acids, alkalis, toxic chemicals, hazardous substances, petroleum hydrocarbons, waste, including medical, infectious; red bag, and pathological wastes, legionella, electromagnetic fields, MOLD MATTER and low-level radioactive waste and material. Z. POLLUTION CONDITION means: 1. the discharge, dispersal, release, seepage, migration, or escape of POLLUTANTS into or upon land or structures thereupon, the atmosphere, or any watercourse or body of water including groundwater; 2. the illicit abandonment of contained or uncontained POLLUTANTS at a JOB SITE or COVERED LOCATION, but only if such abandonment was committed by a person(s) or entity(ies) other than an INSURED and without the knowledge of any RESPONSIBLE PERSON; 3. the existence of MOLD MATTER, on, at, or within a building or structure; 4. the discharge, dispersal, release, or escape of methamphetamines or other chemicals associated with methamphetamine laboratories within a building or structure; and 5. solely with regard to Coverage E, the illicit abandonment of any waste beyond the legal boundaries of a COVERED LOCATION by a CARRIER, but only if such abandonment was committed by a CARRIER that is not an INSURED and without the knowledge of any RESPONSIBLE PERSON. AA. PROFESSIONAL SERVICES mean: 1. solely with regard to Coverage A, any professional services stated in the Declarations, or scheduled as such onto this Policy by endorsement issued by the Company, performed by or on behalf of the INSURED; and 2. solely with regard to Coverage F, design, design assist, engineering, or value engineering performed by the INSURED. BB.PROPERTY DAMAGE means: 1. physical injury to, or destruction of, the real property or tangible personal property of any: (a) person or organization that is not an INSURED; or (b) any person or organization that is an. INSURED only by reason of subparagraph 6. of the definition of INSURED, including the resulting loss of use of such property; or 2. loss of use of such property that has not been physically injured or destroyed; 3. diminution in the value of such property; or 4. natural resource damage which means the physical injury to, or destruction of, as well as the assessment of such injury or destruction, including the resulting loss of value of land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by the Magnuson -Stevens Fishery Conservation and Management Act(16 U.S.C. 1801 et. seq.)), any State, local or Provincial government, any foreign government, any Native American tribe, or, if such resources are subject to a trust restriction or alienation, any member of a Native American.tribe. caused by a POLLUTION CONDITION. However, PROPERTY DAMAGE does not include CLEAN-UP COSTS or ENVIRONMENTAL DAMAGE. (Page 7 of 21) PCM 60 01 (Ed. 08 15) CC.REPLACEMENT COSTS mean reasonable and necessary costs incurred by the INSURED, with the Company's written consent, to repair, restore or replace damaged real property or tangible personal property in order to restore the property to the condition it was in prior to it being damaged, but only if the damage to such real property or tangible personal property occurred in the course of incurring CLEAN-UP COSTS. REPLACEMENT COSTS includes the use of GREEN BUILDING MATERIALS. REPLACEMENT COSTS shall not exceed the actual cash value of such real property or tangible personal property prior to incurring the CLEAN-UP COSTS, plus the increased costs, if any, for GREEN BUILDING MATERIALS. For the purposes of this definition, actual cash value means replacement cost reduced by physical depreciation and obsolescence. DD.RESPONSIBLE PERSON means: 1. any officer, director, or partner of the INSURED; 2. the manager, foreman, or supervisor of the INSURED responsible for environmental or health and safety affairs, control or compliance; or 3. any manager of a COVERED LOCATION. EE.UNDERGROUND STORAGE TANK means any container or vessel, including the associated piping connected thereto, which is ten percent (10%) or more beneath the surface of the ground. UNDERGROUND STORAGE TANK does not include any oil/water separators, storm -water collection systems, or any tank contained in a subterranean room of a COVERED LOCATION. SECTION III. TERRITORY This Policy applies only to a CLAIM first made or brought in, or a POLLUTION CONDITION located within, the. United States, its territories or possessions, Puerto Rico or Canada, but only if the INSURED's responsibility to pay for LOSS is determined in: A. a proceeding on the merits conducted in the United States, its territories or possessions, Puerto Rico or Canada; or B. a settlement agreed to by the Company. SECTION IV. EXCLUSIONS This Insurance does not.apply to any LOSS, CLEAN-UP COSTS, MITIGATION COSTS, LEGAL EXPENSE or other coverage afforded under this Policy that is: 1. Asbestos based upon or arising out of the existence of, required removal of, or abatement of, asbestos. in any form, including, but not limited to, products containing asbestos, asbestos fibers, asbestos dust, and asbestos containing materials. This exclusion does not apply to: (a) Coverages A and F; (b) Coverage B; or (c) asbestos in any form, (i) with respect to Coverages C and D, in soil or in any watercourse or body of water including groundwater; or (li) with respect to Coverage E; where the exposure occurs during the course of transportation as a result of a POLLUTION CONDITION that first commenced during the POLICY PERIOD. (Page 8 of 2.1) PCM 60 01 (Ed. 08 15) 2. Communicable Diseases based upon or arising out of any exposure to infected humans or animals. 3. Contractual Liability based upon or arising from the INSURED's assumption, This exclusion does .not apply to: humans or animals, or contact with bodily fluids of infected under any contract or agreement, of the liability of another. (a) liability the INSURED would have had in the absence of the contract or agreement; or (b) solely with regard to Coverage B, to liability for LOSS or CLEAN-UP COSTS assumed in a written contract that was signed. by the INSURED and the INSURED's client prior to the date the POLLUTION CONDITION first commenced, but only if such liability arises directly from a POLLUTION CONDITION arising from CONTRACTING SERVICES or COMPLETED OPERATIONS and does not arise from the sole negligence of the client. 4. Criminal Fines, Penalties and Assessments based upon or arising out of any criminal fine, criminal penalty, or criminal assessment. 5. Discrimination based upon or arising out of discrimination by any INSURED on the basis of age, creed, disability; marital status, national origin, race, sex, sexual orientation, or any other unlawful or illegal basis. This exclusion does not apply to a CLAIM under Coverage A .alleging that the INSURED's provision of, or failure to provide, PROFESSIONAL SERVICES resulted in the failure to make a reasonable accommodation under the Americans With Disabilities Act, or amendments thereto. 6. Employer's LiabilityiWorkers' Compensation based upon or arising out of: (a) BODILY INJURY to any INSURED, or any employee of its parent, subsidiary or affiliate: (i) arising out of and incurred in the course of employment by such INSURED or its parent or subsidiary or affiliate; or (ii) who is performing duties related to the conduct of the INSURED's business; or (b) BODILY INJURY or pecuniary loss to the spouse, child, parent, brother or sister of such INSURED or employee of its parent, subsidiary or affiliate, as a consequence of Item (a) above. This exclusion applies whether an INSURED may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay another who must pay .damages as a result of the BODILY INJURY or pecuniary loss. However, this exclusion does not apply to liability for LOSS assumed by the INSURED in a written contract that was signed by the INSURED and the INSURED's client prior to the date the POLLUTION CONDITION first commenced, provided that the LOSS is only due to a POLLUTION CONDITION arising from CONTRACTING SERVICES and does not arise from the sole negligence of the client. 7. Faulty Workmanship/Own Work based upon or arising out of the costs to repair or replace faulty workmanship, construction, fabrication, installation, assembly or remediation, if such faulty workmanship, construction, fabrication, installation, assembly or remediation was performed, in whole or in part, by an INSURED or an entity for whom an INSURED is legally responsible. This exclusion does not apply to: (a) LOSS under Coverage A which arises from an actual or alleged act, error or omission in PROFESSIONAL SERVICES; or (b) CLEAN-UP COSTS under Coverage B, S. Hostile Acts based upon or arising out of any consequence, whether direct or indirect, of declared or undeclared war, invasion, act of foreign enemy, hostilities, civil war, rebellion, revolution, insurrection, or military or usurped power, or in defending against any one or more of those. (Page 9 of 21) PCM 60 01 (Ed. 0815) 9. Insured vs. Insured based upon or arising out of any CLAIM by one INSURED against any other INSURED. This exclusion does not apply to a CLAIM: (a) made by a person or organization that is an INSURED only by reason of subparagraph 6, of the Definition of INSURED; or (b) that arises out of an indemnification given by one INSURED to another INSURED as specified in a contract that was submitted to and approved by the Company and added to this Policy by endorsement. 10. Insured's Property based upon or arising out of damage to: (a) real or personal property owned by, leased by, operated by, or loaned to an INSURED; or (b) personal property in the care, custody, or control of an INSURED, even if such damage is incurred to avoid or mitigate LOSS or CLEAN-UP COSTS which may be covered under this Policy. This exclusion does not apply to: (1) REPLACEMENT COSTS; (ii) damage to property owned, leased or operated by, or in the care, custody or control of, a person or organization that is an INSURED only by reason of subparagraph 6 of the Definition of INSURED; or (iii) damage to real property rented or leased by the INSURED during the course of performing CONTRACTING SERVICES, but only if such real property is utilized in direct support of such CONTRACTING SERVICES, 11. Intentional Acts based upon or arising out of: (a) a POLLUTION CONDITION that results from any RESPONSIBLE PERSON's intentional disregard of, or deliberate, willful, or dishonest non-compliance with, any statute, regulation, ordinance, administrative complaint, notice letter, or instruction issued by or on behalf of any governmental agency or representative; or (b) any dishonest, criminal, fraudulent, intentional misrepresentation, knowingly wrongful conduct, or negligent misrepresentation, on the part of, or at the direction of, any INSURED, in the performance of, or failure to perform, PROFESSIONAL SERVICES. 12. Known Conditions based upon or arising out.of any POLLUTION CONDITION, or out of any actual or alleged act, error or omission in PROFESSIONAL SERVICES, that was known by, or reported to, any RESPONSIBLE PERSON and not specifically reported, in writing, to the Company prior to: (a) the beginning of the POLICY PERIOD; or (b) the effective date of any endorsement issued by the Company adding to this Policy any: (i) COVERED LOCATION not scheduled onto this Policy as of the first day of the POLICY PERIOD; or (ii) CONTRACTING SERVICES not covered by this Policy as of the first day of the POLICY PERIOD; or (iii) PROFESSIONAL SERVICES. not covered by this Policy as of the first day of the POLICY PERIOD. (Page 10 of 21) PCM 60 01 (Ed. 08 15) Any such POLLUTION CONDITION, or actual or alleged act, error or omission in PROFESSIONAL SERVICES, specifically reported, in writing, to the Company, which is not otherwise excluded under this Policy by endorsement; is deemed to be first discovered on the date the COVERED LOCATION, CONTRACTING SERVICES or PROFESSIONAL SERVICES, as applicable, were added to this Policy. 13. Lead -Based Paint based upon or arising out of lead -based paint in, on, or applied to, any building or other structure. This exclusion does not apply to: (a) Coverages A, B, D, E or F; or (b) with respect to Coverage C, lead -based paint in soil or in any watercourse or body of water including groundwater. 14. Material Change in Use based upon or arising out of a change in the use of, or operations at, a COVERED LOCATION from the use or operations as of the date the COVERED LOCATION became insured by this Policy, if that change materially increases the likelihood or severity of a POLLUTION CONDITION or CLAIM, 15. Naturally Occurring Material(s) based upon or arising out of the existence, required removal, or abatement, of any naturally occurring material(s). This exclusion does not apply: (a) where such substances are present at, or migrate from, a JOB SITE due to CONTRACTING SERVICES; (b) where such substances are present at a COVERED .LOCATION only because of human activities or processes; (c) to silt and sediment that migrate from a JOB SITE because of CONTRACTING SERVICES; (d) to MOLD MATTER; or (e) to LOSS and related LEGAL EXPENSE because of radon. 16. New Pollution Conditions at Divested Property based .upon or arising out of a POLLUTION CONDITION on, at, under or migrating from a COVERED LOCATION, if the discharge, dispersal, release, seepage, migration or escape of those POLLUTANTS associated with such POLLUTION CONDITION first commenced after such COVERED LOCATION is sold, given away, or abandoned by the INSURED, or condemned. 17. Other Businesses based upon or arising out of any INSURED's status, duties, or involvement as an officer, director, partner, member, participant, stockholder, employer or employee of any business or organization that is not stated in the Declarations or otherwise designated as or added to this Policy as an INSURED. 18. Prior Claims based upon or arising out of any CLAIM reported under any insurance policy that was both: (i) in effect before the beginning of the POLICY PERIOD; and (H) issued by an entity other than the Company. 19. Products Liability .based upon or arising out of goods or products: (a) designed, manufactured, sold, handled, .distributed, altered or repaired by the INSURED or by others trading under the INSURED's name, including any container thereof, any failure to warn, or any reliance upon a representation or warranty made at any time with respect thereto; or (b) fabricated or installed by the INSURED, unless a POLLUTION CONDITION arises from the fabrication or installation of such goods or products as part of CONTRACTING SERVICES.. (Page 11 of 21) PCM 60 01 (Ed. 08 15) This exclusion does not apply to such goods or products while they remain within the legal boundaries of a COVERED LOCATION. 20. Property Held for Others based upon or arising out of damage to personal property that is warehoused or stored for a fee, by any person, organization or entity that is not an INSURED, in or about any building or structure at a COVERED LOCATION. This exclusion does not apply to REPLACEMENT COSTS. 21. Retroactive Date based upon or arising out of: (a) any POLLUTION CONDITION that first commenced prior to the Retroactive Date set forth in the Declarations or as otherwise applicable, including any further dispersal, migration or movement of that POLLUTION CONDITION on or after that date; or (b) an actual or alleged act, error or omission in PROFESSIONAL_ SERVICES that first commenced prior to the. Retroactive Date set forth in the Declarations or as otherwise applicable, including any continuous or related actual or alleged act(s), error(s) or omission(s) on or after that date. 22. Related Entities and/or Individuals based upon or arising out of a CLAIM made by any person or entity: (a) that wholly or partially owns an INSURED; (b) in which an INSURED owns an interest in excess of twenty percent (20%); (c) that is managed, operated or otherwise controlled by an INSURED; or (d) in which an INSURED is a principal, officer or director. 23. Surety, Insurance or Bonding based upon or arising out of obtaining., requiring, acquiring, or maintaining any form of surety, insurance or bond, or any failure to do any of those. 24. Underground Storage Tank(s) based upon or arising out of the existence of any UNDERGROUND STORAGE TANK at a COVERED LOCATION. This exclusion does not apply to an UNDERGROUND STORAGE TANK: (a) that is either closed, abandoned in place, or removed, in accordance with all applicable federal, state, or provincial regulations, prior to the inception date of this Policy; or (b) that is endorsed to this Policy in the Underground Storage Tank Schedule, if any; or (c) the existence of which is unknown by each and every RESPONSIBLE PERSON as of the inception date of this Policy. 25. Vehicles based upon or arising out of the ownership, maintenance, use, operation, loading or unloading of any AUTOMOBILE, aircraft, watercraft, rolling stock or any other form of transportation, including any cargo carried thereby, beyond the legal boundaries of a JOB SITE or a COVERED LOCATION. This exclusion does not apply to Coverage E. 26. Wage and Wage Related Payments based upon or arising out of the actual or alleged failure to pay, afford, or cause to be paid or afforded, to any person or entity, in whole or in part, any wages, earnings, compensation, merit pay, overtime pay, commissions, benefits or other remuneration, including but not limited to any such wages or benefits actually or allegedly due under any contract or pursuant to the Fair Labor Standards Act, the Davis -Bacon and Related Acts, Service Contract Act, Contract Work Hours and Safety Standards Act, Family Medical Leave Act, or any jurisdiction's prevailing wage act, labor laws or similar statutes. (Page 12 of 21) PCM 60 01 (Ed. 08 15) 27. Warranties based upon or arising out of any express warranty or guarantee. This exclusion does not apply to a warranty or guarantee by the INSURED that its CONTRACTING SERVICES or PROFESSIONAL SERVICES conform to generally accepted standards. SECTION V. EXTENDED REPORTING PERIOD The provisions of Section V. apply to any and all coverage provided by this Policy, or by any endorsement issued by the Company, that applies on a Claims Made and Reported basis. This Section V. does not apply to Coverage F. A. Automatic Extended Reporting Period In the event of the termination of this insurance before the expiration date shown in Item 2. of the Declarations, the INSURED shall be entitled to a ninety (90) day Automatic Extended Reporting Period for no additional premium. The Automatic Extended Reporting Period will only apply to: 1. a CLAIM first. made against the. INSURED during the POLICY PERIOD and reported to the Company, in writing, during the ninety (90) days immediately following the effective date of such termination will be deemed to have been made on the last day of the POLICY PERIOD, provided such CLAIM is otherwise covered by this Policy; and 2. a CLAIM first made against the INSURED and reported to the Company, in writing, during the ninety (90) days immediately following the effective date of such termination will be deemed to have been made on the last day of the POLICY PERIOD, provided such CLAIM arises from: (a) a POLLUTION CONDITION that is first discovered and reported to the Company, in writing, prior to such termination, and otherwise covered by this Policy; or (b) an actual or alleged act, error or omission in PROFESSIONAL SERVICES performed prior to the end of the POLICY PERIOD, and that is otherwise covered by this Policy. The Automatic Extended Reporting Period does not apply where: (1) the Policy is terminated for fraud or non- payment of premium; or (2) the INSURED has purchased other insurance to replace the insurance provided under this Policy. For the purposes of Section V.A. -- Automatic Extended Reporting Period, under this Policy: 1. either cancellation or non -renewal shall be deemed to be a termination of this insurance; and 2. in the event of non -renewal, the expiration date shown in the Declarations shall be deemed the effective date of the termination. B. Optional Extended Reporting Period The FIRST NAMED INSURED shall be entitled to purchase an Optional Extended Reporting Period upon cancellation or non -renewal of the Policy, subject to the following terms and conditions: The FIRST NAMED INSURED shall be entitled to purchase an Optional Extended Reporting Period upon payment of an additional premium of not more than 200% of the full Policy Premium. The Optional Extended Reporting Period shall. be effective for three (3) consecutive three -hundred and sixty-five (365) day periods commencing immediately following the effective date of cancellation or non -renewal. The FIRST NAMED INSURED must elect to purchase this Optional Extended Reporting Period, in writing, not later than thirty (30) days after expiration in the case of non -renewal or prior to cancellation in the case of cancellation. The Automatic Extended Reporting Period of ninety (90) days will be merged into this Optional Extended Reporting and is not in addition to it. The Optional Extended Reporting Period will only apply to each CLAIM first made against the INSURED during the Optional Extended Reporting Period, but only by reason of: (Page 13 of 21) PCM 60 01 (Ed. 08 15) 1. a POLLUTION CONDITION that is first discovered and reported to the Company, in writing, during the POLICY PERIOD and otherwise covered by this Policy; or 2. an actual or alleged act, error or omission in PROFESSIONAL SERVICES performed prior to the end of the POLICY PERIOD, and that is otherwise covered by this Policy. The Optional Extended Reporting Period does not apply where: (1) the Policy is terminated for fraud or non-payment of premium; or (2) the INSURED has purchased other insurance to replace the insurance provided under this Policy. For the purposes of Section V.B. — Optional Extended Reporting Period under this Policy: 1. either cancellation or non -renewal shall be deemed to be a termination of this insurance; and 2. in the event of non -renewal, the expiration date shown in the Declarations shall be deemed the effective date of the termination. It is a condition precedent to the operation of the rights granted under Section V.B. that payment of the appropriate premium shall be made not later than thirty (30) days after expiration in the case of non -renewal or prior to cancellation in the case of cancellation. For purposes of Section V., the Company's quotation of different Limits of Liability, Self -Insured Retentions., terms or conditions shall not be construed as either a termination of, or a decision not to renew, this Policy. SECTION VI. LIMIT OF LIABILITY AND SELF -INSURED RETENTION A. The Limits of Liability and Self -Insured Retention shown in the Declarations and the rules below fix the most the Company will pay regardless of the number of INSUREDS, COVERED LOCATIONs, CONTRACTING SERVICES, PROFESSIONAL SERVICES, POLLUTION CONDITIONS, CLAIMS made, or persons or organizations making a CLAIM. B. For purposes of this Policy: (1) the same or related POLLUTION CONDITIONS at any one JOB SITE, or at any one COVERED LOCATION, shall be deemed a single POLLUTION CONDITION; and (2) all of a group or series of related or connected actual or alleged acts, errors and omissions in PROFESSIONAL SERVICES shall be deemed a single actual or alleged act, error or omission in PROFESSIONAL SERVICES. C. This Policy will pay covered LOSS, CLEAN-UP COSTS, MITIGATION COSTS, LEGAL EXPENSE or any other coverages afforded under this Policy or any endorsements attached hereto only: (1) in excess of the applicable Self - Insured Retention Amount set forth in the Declarations; and (2) subject to the applicable Limit of Liability stated in the Declarations and the other terms and conditions of this Policy. However, if a CLAIM is made against the INSURED by an entity with whom the INSURED has, prior to such CLAIM, entered into a written. contract that requires a Self -Insured Retention that is less than the Self -Insured Retention Amount specified in the Declarations of this Policy, then the Self -Insured Retention applicable to such CLAIM shall be such lesser amount (hereinafter referred to as "the lesser Self -insured Retention"). Under all such circumstances, the INSURED hereby agrees to promptly reimburse the Company for the difference between the lesser Self -insured Retention amount specified on the evidence of insurance document and the Self -Insured Retention Amount specified in the Declarations to the extent the Company pays an amount on behalf of the INSURED in excess of the lesser Self - insured Retention. D. The Self -insured Retention Amount is to be borne by the INSURED and is not to be insured unless the Company has expressed its prior consent, in writing, to the FIRST NAMED INSURED. If the same or related POLLUTION CONDITIONs or any one actual or alleged act, error or omission, or out of any one group or series of related or connected actual or alleged acts, errors and omissions, in PROFESSIONAL SERVICES, could result in coverage under more than one coverage section for which a limit is stated in the Declarations, or under any other coverage afforded under this Policy, only the single highest Self -insured Retention amongst such applicable coverages shall apply to that POLLUTION CONDITION or actual or alleged act, error or omission in PROFESSIONAL SERVICES, as applicable. (Page 14 of 21) PCM 60 01 (Ed. 08 15) If, as a result of MEDIATION, a CLAIM made under Coverage A is successfully resolved, the Self -Insured Retention Amount applicable to such CLAIM will be reduced by 50%, subject to a maximum reduction of $20,000. This reduced Self -insured Retention Amount will only apply to the resolved CLAIM. E. Subject to Items H. and 1. below, the Each POLLUTION CONDITION Limit set forth in the Declarations is the most the Company will pay for the sum of all LOSS, CLEAN-UP COSTS, and LEGAL EXPENSE under each coverage section stated in the Declarations, or under any other coverages afforded under this Policy, arising out of the same or related POLLUTION CONDITIONs. F. Subject to Items H. and I, below, the Each Act, Error or Omission Limit set forth in the Declarations is the most the Company will pay for the sum of all LOSS and LEGAL EXPENSE under Coverages A arising out of any one actual or alleged act, error or omission, or out of any one group or series of related or connected actual or alleged acts, errors and omissions, in PROFESSIONAL SERVICES. G. Subject to Items H. and 1. below, the Each Act, Error or Omission Limit stated in the Declarations is the most the Company will pay for all MITIGATION COSTS under Coverage F arising out of any one actual act, error or omission, or out of any one group or series of related or connected actual acts, errors and omissions, in PROFESSIONAL SERVICES. Further, in the event there is a CLAIM made against the INSURED under Coverage A: (a) that arises out of the. same or related PROFESSIONAL SERVICES for which the INSURED has previously undertaken corrective measures in accordance with Coverage F and (b) for which coverage is thereafter afforded under Coverage A of this Policy, then the INSURED's Self -insured Retention obligation for such CLAIM shall be reduced to the extent of costs paid by the INSURED pursuant to its Self -Insured Retention obligation for Coverage F. H. Subject to item I. below, the Coverage Section Aggregate Limit set forth in the Declarations is the most the Company will pay for the surn of all LOSS CLEAN-UP COSTS, MITIGATION COSTS and LEGAL EXPENSE under each coverage section stated in the Declarations, or under any other coverages afforded under this Policy. I. The Company's total liability for the sum of all LOSS, CLEAN-UP COSTS, MITIGATION COSTS, LEGAL EXPENSE and any other coverage afforded under this Policy, shall not exceed the Policy Aggregate. Limit of Liability as stated in the Declarations. J. With regard to Coverages afforded. under this Policy: on a claims -made and reported basis, any LOSS, CLEAN-UP COSTS, LEGAL EXPENSE or any other coverages afforded under this Policy or any endorsements attached hereto, incurred and reported to the Company, in writing, over more than one policy period, and resulting from the same or related POLLUTION CONDITIONS, shall be considered a single POLLUTION CONDITION. The associated LOSS, CLEAN-UP COSTS, LEGAL EXPENSE or any other coverage afforded under this Policy or any endorsements attached thereto will be subject to the same Limit of Liability and Self -Insured Retention Amount(s) as indicated in the Policy in effect at the time the POLLUTION CONDITION was first reported to the Company, in writing. 2. on an occurrence basis, progressive, indivisible BODILY INJURY, PROPERTY DAMAGE or ENVIRONMENTAL DAMAGE that occurs over more than one policy period and results from the same or related POLLUTION CONDITIONS, shall be considered to have occurred only in the policy period in which the first exposure to the POLLUTION CONDITION takes place. If the date of that first exposure: (i) is prior to the beginning of the Policy Period of the first policy issued to the INSURED by the Company that contains coverage that is the same or substantially similar to that contained in Coverages afforded under this Policy on an occurrence basis; or (ii) cannot be determined, then such progressive, indivisible BODILY INJURY, PROPERTY DAMAGE or ENVIRONMENTAL DAMAGE shall be considered to have occurred only on the first day of the Policy Period of the first policy issued to that INSURED by the Company that contains coverage that is the same or substantially similar to that contained in Coverages afforded under this Policy on an occurrence basis: (Page 15 of 21) PCM 60 01 (Ed. 08 15) K. Any LOSS, CLEAN-UP COSTS, MITIGATION COSTS, LEGAL EXPENSE or any other coverages afforded under this Policy, incurred and reported to the Company, in writing, over more than one POLICY PERIOD, and resulting from the same or related POLLUTION CONDITION, or out of anyone group or series of related or connected actual or alleged acts, errors and omissions in PROFESSIONAL SERVICES, shall be considered a single POLLUTION CONDITION or a single actual or alleged act, error or omission in PROFESSIONAL SERVICES, respectively. The LOSS, CLEAN-UP COSTS, LEGAL EXPENSE or any other coverage afforded under this Policy will be subject to the same Limit of Liability and Self -Insured Retention Amount(s) in effect at the time the POLLUTION CONDITION, or actual or alleged act, error or omission in PROFESSIONAL SERVICES, as applicable, was first reported to the Company, in writing. L. The Limits of Liability set forth in Item 3. of the Declarations are inclusive of LEGAL EXPENSE. An additional Limit for LEGAL EXPENSE will apply to all Coverages. However, this additional Limit is: 1. subject to the Self -Insured Retention set forth in Item 3. of the Declarations; 2. exclusively for LEGAL EXPENSE; and 3. limited to the lesser of: (a) 25% of the applicable Limits of Liability set forth in Item 3. of the Declarations; or (b) $2,000,000. In the event a CLAIM is made against the INSURED for LOSS or CLEAN-UP COSTS, or a POLLUTION CONDITION is first discovered that results in LOSS or CLEAN-UP COSTS, the additional Limit for LEGAL EXPENSE will be applied first. After the additional Limit for LEGAL EXPENSE has been fully eroded, any other covered LEGAL EXPENSE will erode the applicable Limits of Liability shown in Item 3. of the Declarations. Furthermore, the Policy Aggregate Limit of Liability set forth in Item 4, of the Declarations shall be increased by the lesser of 25% or $Z,000,000. However, this increase to the Policy. Aggregate Limit of Liability will only be available for the payment of LEGAL EXPENSE. SECTION VII. REPORTING, DEFENSE, SETTLEMENT AND COOPERATION A. As a condition precedent to the coverage hereunder, in the event a CLAIM is made against an INSURED for LOSS or CLEAN-UP COSTS, or a POLLUTION CONDITION is first discovered that results in a LOSS or CLEAN-UP COSTS, written or oral notice containing particulars sufficient to identify the INSURED and all reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the INSURED to the Company or any of its authorized agents as soon as practicable. In the event of oral notice, the INSURED agrees to furnish a written report as soon as practicable. The INSURED shall also forward to the Company every demand, notice, summons, order or other process received by the INSURED or the INSURED's representative as soon as practicable. B. No costs, charges or expenses shall be incurred, nor payments made, obligations assumed or remediation commenced, without the Company's consent which shall not be unreasonably withheld. This provision does not apply to: 1. EMERGENCY RESPONSE COSTS. The INSURED shall notify the Company of all EMERGENCY RESPONSE COSTS immediately after the emergency ends; and 2. Public Relations Expenses - The reasonable and necessary costs and fees incurred by the FIRST NAMED INSURED (up to a maximum of $250,000 and subject to applicable Coverage B Self -Insured Retention Amount (for each POLLUTION CONDITION) for the hiring of a public relations firm to minimize potential harm to the FIRST NAMED INSURED and to maintain and restore public confidence in the FIRST NAMED INSURED, including amounts for printing, advertising, and mailing of materials, and travel expenses by the FIRST NAMED INSURED's directors, officers, employees or agents or by employees of the public relations firm, but only if: (a) such costs and fees arise directly from a POLLUTION CONDITION: (i) that arises from covered CONTRACTING SERVICES; (4) that first commences at a JOB SITE during the POLICY PERIOD; and (Page 16 of 21) PCM 60 01 (Ed. 08 15) (iii) for which coverage for LOSS or CLEAN-UP COSTS is sought under this Policy; and (b) in the good -faith, reasonable opinion of the FIRST NAMED INSURED such POLLUTION CONDITION: (i) poses an imminent, significant, and material health risk to the public or will result in imminent, significant, and material property damage to the JOB SITE; and (ii) will result in significant and material adverse publicity to the FIRST NAMED INSURED. Subject to: (a) the Company's pre -approval; (b) the Self -Insured Retention and maximum amount indicated above; and (c) the Company's agreement that both conditions 2(a) and (b) above have been fully satisfied, the Company may also consider paying other related reasonable and necessary expenses that are: (i) incurred by any person or entity that is not an INSURED, except for contractor or subcontractor engaged by the FIRST NAMED INSURED or otherwise performing covered CONTRACTING SERVICES; and (ii) not otherwise covered as EMERGENCY RESPONSE COSTS, including: psychological counseling, temporary living expenses, travel costs, and expenses to secure areas impacted by the POLLUTION CONDITION. Notwithstanding Section VI. LIMIT OF LIABILITY AND SELF -INSURED RETENTION, Item G., the costs and fees indicated in Item 2. above, as well as the other related expenses indicated in this paragraph, will not erode the applicable Limits of Liability. It is a condition precedent to coverage for all costs and fees outlined in Item 2. above that the FIRST NAMED INSURED notify the Company of the POLLUTION CONDITION associated with .such costs and fees no later than forty-eight (48) hours after the FIRST NAMED INSURED first becomes aware of such POLLUTION CONDITION. The payment of costs and fees outlined above by the Company will not be determinative of the Company's obligations under this Policy, nor will it create any inference with regard to the Company's duty to defend or duty to indemnify any INSURED with regard to any CLAIM or POLLUTION CONDITION. Under no circumstances will the Company pay for the hiring of a public relations firm to minimize the potential harm to, or to restore public confidence in, any contractor or subcontractor engaged by the FIRST NAMED INSURED or otherwise performing covered CONTRACTING SERVICES. C. The Company shall have the right to designate legal counsel for the investigation, adjustment and defense of any CLAIM. The Company shall consult with the INSURED in conjunction with the selection of counsel. The Company has the right and duty to defend an INSURED against any CLAIM for LOSS or for CLEAN-UP COSTS. However, the Company will have no duty to defend the INSURED for LOSS or for CLEAN-UP COSTS to which this Policy does not apply. D. Once the applicable Limit of.Liability has been exhausted, the Company shall not be obligated to defend or continue to defend any CLAIM or pay for any LOSS, CLEAN-UP COSTS or any other coverage afforded under this Policy. E. The Company may, where allowable by law; appoint one counsel to defend all of the INSUREDS under this Policy on a joint defense basis. F. In the event that the INSURED is entitled by law to select independent. counsel (Cumis Counsel) to defend the INSURED at the Company's expense, that counsel's fees and all other litigation expenses charged to or paid by the Company shall be limited to the same rates that the Company would pay to counsel selected by the Company to defend a similar CLAIM in the location where the CLAIM arose or is being defended. The Company may require that such counsel meet certain minimum qualifications and maintain adequate errors and omissions insurance. The INSURED agrees that such counsel will timely respond to the Company's request for information. G. The INSURED shall not admit liability or settle any CLAIM without the Company's consent. If the Company recommends a monetary settlement of a CLAIM acceptable to a claimant: I. for an amount within the Self -Insured Retention Amount and the INSURED refuses such settlement, the Company shall not be liable for any LOSS, CLEAN-UP COSTS, LEGAL EXPENSE, or any other coverage afforded under this Policy or any endorsements attached hereto, in excess of the Self -insured Retention Amount; or (Page 17 of 21) PCM 60 01 (Ed. 08 15) 2. for a total amount in excess of the Self -Insured Retention Amount and within the applicable Limits of Liability and the INSURED refuses such settlement, the Company's liability for LOSS, CLEAN-UP COSTS, LEGAL EXPENSE; or any other coverage afforded under this Policy, shall be limited to that portion of the sum of. (a) the recommended settlement; and (b) the costs, charges and expenses already incurred as of the date of the INSURED's refusal, which exceeds the Self -Insured Retention Amount and is within the Limit of.Liability. H. All INSUREDs shall cooperate with the Company and, upon the Company's request, shall submit to examination by a representative of the Company, under oath, and shall attend hearings, depositions, and trials and shall assist in effecting settlement, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits, as well as in the investigation and defense, all without charge to the Company. All INSUREDs shall further cooperate with the Company and do whatever is necessary to secure and enforce any rights of indemnity, contribution or apportionment which the INSURED may have. If, during the POLICY PERIOD, the INSURED first becomes aware of an actual or alleged act, error or omission in PROFESSIONAL SERVICES that first commenced on or after the Retroactive Date set forth in the Declarations, which the. INSURED reasonably believes may result in a. CLAIM (herein referred to as a "Circumstance"), then the INSURED may provide written notice to the Company, during the POLICY PERIOD, containing all of the information stated below. Any such Circumstancethatsubsequently becomes a CLAIM made against the INSURED and reported to the Company, in writing, shall be considered to have been first made and reported during the POLICY PERIOD and shall be subject to all of the terms and conditions of this Policy. It is a condition precedent to the coverage under this provision that such written notice to the Company of a Circumstance contain all of the following information: 1. details of the actual or alleged act, error or omission in .PROFESSIONAL SERVICES, including the specific PROFESSIONAL SERVICES involved; and 2. the injury or damage that has taken place or may result; and 3. the date the actual or alleged act, error or omission in PROFESSIONAL SERVICES took place; and 4. the identity of the INSURED(s) who may be the subject of any subsequent CLAIM; and 5. the likely location of any subsequent CLAIM; and. 6. the names and addresses of all known potential witnesses and claimants; and 7. details of how the INSURED became aware of the Circumstance. The Company shall determine, in its sole discretion, whether an INSURED's written notice adequately supplies the information described in items 1. through 7. and satisfies the condition precedent. This provision I. applies only to Coverage A. SECTION VI11. TRANSFER OF LEGAL DEFENSE DUTIES A. If the Company believes that any of the applicable Limits of Liability stated in the Declarations has been or soon will be exhausted in defending a CLAIM, or that the Company has paid out or will soon pay out the Policy Aggregate Limit of Liability stated in the Declarations, the Company will so notify the FIRST NAMED INSURED; in writing, as soon as possible. The Company will advise that its duty to defend any CLAIM seeking damages subject to those limits has terminated, subject to payment of the limits, and that it will no longer handle the defense of any CLAIM for which notice is given after the date it sends out such notice. The Company will take prompt and appropriate steps to transfer control of any existing defense prior to exhaustion of the limits to the FIRST NAMED INSURED. The FIRST NAMED INSURED agrees to reimburse the Company for any costs which the Company bears in connection with the transfer of the defense. B. The Company will take appropriate steps necessary to defend the CLAIM during the transfer of the defense and avoid any unfavorable legal action provided that the INSURED cooperates in the transfer of the duties of the defense. (Page 18 of 21) RCM 60 01 (Ed. 08 15) C. The Company's failure to comply with any of the provisions of Section Vlll. shall in no way obligate the Company to defend or continue to defend any CLAIM, or to pay any LOSS, CLEAN-UP COSTS or other sum covered under this Policy, after exhaustion of an applicable Limit of Liability. SECTION IX. CONDITIONS A. ACTION AGAINST COMPANY - No action brought by an organization or entity, other than an INSURED, shall lie against the Company unless, as a condition precedent thereto, the INSURED has fully complied with all of the terms of this Policy and, the amount of the INSURED's obligation to pay shall have been finally determined either by judgment against the INSURED after actual trial or by written agreement of the INSURED, the claimant and the Company. Any person, organization, entity, or the legal representative thereof, who has secured such judgment or written agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by this Policy. No person or organization shall have any right under this Policy to join the Company as a party to any action against the INSURED to determine the INSURED's liability, nor shall the Company be impleaded by the INSURED or its legal representative. B. ASSIGNMENT - This Policy shall be void as to the assignee or transferee, if assigned or transferred without written consent of the Company. C. BANKRUPTCY - Bankruptcy or insolvency of the INSURED or of the INSURED's estate shall not relieve the Company of any of its obligations hereunder. D. CANCELLATION - This Policy may be cancelled by the FIRST NAMED INSURED by surrender thereof to the Company or any of its authorized agents or by mailing, delivering, emailing, or faxing to the Company written notice stating when thereafter the cancellation shall be effective. In the event of cancellation by the FIRST NAMED INSURED, the return premium shall be computed in accordance with the customary short rate table and procedure after applying the minimum earned premium percentage stated in the Declarations. If a CLAIM is made, a POLLUTION CONDITION is discovered or coverage is otherwise afforded under this Policy, then the premium shall be considered fully earned by the Company and the INSURED is not entitled to a return premium upon cancellation. This Policy may be cancelled by the Company by mailing, delivering, emailing, or faxing to the FIRST NAMED INSURED at the address shown in the Declarations, written notice stating when not less than ninety (90) days (ten (10) days for non-payment of premium) thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the POLICY PERIOD. If the Company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is affected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. This Policy may be cancelled by the Company for the following reasons: (1) Non-payment of premium, or (2) Fraud or material misrepresentation on the part of the INSURED, such as can, be proven in a court of law. E. CHANGES - Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Policy or estop the Company from asserting any right under the terms of this Policy. The terms of this Policy cannot be waived or changed, except by an endorsement issued by the Company to form a part of this Policy. F. CHOICE OF LAW - All matters arising hereunder, including questions related to the validity, interpretation, performance and enforcement of this Policy, shall be determined in accordance with the law and practice of the State of New York (not including New York's choice of law rules). G. CONSENT -Where the consent of the Company or the INSURED is required under this Policy, such consent. shall not be unreasonably withheld, delayed, conditioned, or denied. (Page 19 of 21) PCM 60 01 (Ed. 08 15) H. DECLARATIONS AND REPRESENTATIONS - By acceptance of this Policy, the INSURED agrees that the statements contained in the Declarations, the application and any other supplemental materials and information submitted in connection with the application or any amendments to the Policy during the POLICY PERIOD are the INSURED's declarations and representations, that they shall be deemed material, that this Policy is issued in reliance upon the truth of such declarations and representations and that this Policy embodies all agreements existing between the INSURED and the Company or any of its agents relating to this insurance. I. HEADINGS The descriptions in the headings of this Policy are solely for convenience and form no part of the Policy terms and conditions. J. INSPECTION AND AUDIT - The Company shall be permitted, but not obligated, to inspect and monitor on a continuing basis the INSURED's property or operations and any JOB SITE and COVERED LOCATION, at any time. Neither the Company's right to make inspections and monitor, nor the actual undertaking thereof, nor any report thereon, shall constitute an undertaking, on behalf of the INSURED or others, to determine or warrant that property or operations are safe, healthful or conform to acceptable engineering practice or are in compliance with any law, rule or regulation. Access for the inspection and audit will be coordinated through.the broker or agent of the FIRST NAMED INSURED. K. JURISDICTION AND VENUE - It is agreed that in the event of the failure of the Company to pay any amount claimed to be due hereunder, the Company and the INSURED will submit to the jurisdiction of the State of New York and will. comply with all the requirements necessary to give such court jurisdiction. Nothing in this clause constitutes or should be understood to constitute a waiver of the Company's right to remove an action to a United States District Court. L. MINIMUM EARNED PREMIUM - Upon cancellation of this Policy, earned premium will be calculated using the appropriate pro-rata or short -rate method as outlined in Section IX. CONDITIONS, Item D. CANCELLATION. The amount of premium earned under this Policy will be the greater of. 1, the calculated pro-rata or short rate premium; or 2, the Minimum Earned Premium percentage set forth in Item 10. of the Declarations. M. MITIGATION PLAN - It is a condition precedent to any coverage being afforded under Coverage A of this Policy for any CLAIM because of an act, error or omission in PROFFESIONAL SERVICES for which. the Company has previously afforded coverage to an INSURED under Coverage F, that the INSURED fully implement the written plan for correcting the purported act, error or omission as approved by the Company, N. OTHER INSURANCE - Subject to Section VI. Limit of Liability and Self -Insured Retention, this insurance shall apply only in excess of the sum of the Self -Insured Retention amount stated in the Declarations and the applicable limits of any other valid and collectible insurance available to the. INSURED, whether such other insurance is stated to be primary, pro rata, contributory, excess, contingent or otherwise, unless such other insurance is written only as specific excess insurance over the applicable Limits of Liability of this Policy. O. SEVIRABILITY - Except with respect to the Limits of Liability, Self -Insured Retention, Exclusion 9. ("Insured vs. Insured") and any rights and duties assigned in this Policy to the FIRST NAMED INSURED, this insurance applies as. if each INSURED were the only INSURED and separately to each INSURED against whom a CLAIM is made. Any misrepresentation, act or omission that is in violation of a term, duty or condition under this Policy by one INSURED shall not by itself affect coverage for another INSURED under this Policy. This Condition O. shall not apply to an INSURED who is a parent; subsidiary or affiliate of the INSURED which committed the misrepresentation, act or omission referenced above: P. SOLE AGENT - The FIRST NAMED INSURED stated in the Declarations shall act on behalf of all INSUREDS for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, giving and receiving notice of cancellation or non -renewal, and the exercise of the rights provided under Section V., EXTENDED REPORTING PERIOD. (Page 20 of 21) PCM 60 01 (Ed. 08 15) Q. SUBROGATION - If the INSURED has rights to recover, from another person or organization, all or any part of a payment the Company makes under this Policy, those rights are transferred to the Company. The INSURED shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The.1NSURE❑ shall do nothing to prejudice such rights. Any monies recovered as a result of subrogation proceedings shall accrue first to the INSURED to the extent of any payments it made in excess of the limits of liability, then to the Company to the extent of its payment under the Policy, and then to the INSURED to the extent of its payment of the self -insured retention. Expenses incurred in such subrogation proceedings shall be apportioned amongst the INSURED and Company in the proportion that each interested party`s share in the recovery bears to the total recovery. However, the Company specifically waives any rights of recovery against any person or organization as required in a written contract that was fully executed prior to the commencement of the applicable CONTRACTING SERVICES or PROFESSIONAL SERVICES. (Page 21 of 21) le,axasmutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC420304B Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page, We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver From us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule_ The premium for this endorsement is shown in the Schedule. Schedule 1 ( ) Specific Waiver Name of person or organization N Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver, 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described, Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below, (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 7/31119 at 12:01 a.m. standard time, forms a part of Policy no. 0001120054 of Texas Mutual Insurance Company effective an 7131l19 Issued to: NORTH TEXAS CONTRACTING INC NCCI Carrier Code: 29939 This is not a bill Authorized representative 718119 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com € (800) 859-5995 f Fax (800) 359-0650 WC 42 03 04 B Tpexxrasmutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 1. Number of days advance notice_ 2. Notice will be mailed to; Schedule PER LIST ON FILE This endorsement changes the po€icy to which it is attached effedve on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy,) This endorsement, effective on 7/31119 at 12:01 a.m. standard time, forms a part of: Policy no. 0001120054 of Texas Mutual Insurance Company effective on 7/31/19 Issued to: NORTH TEXAS CONTRACTING INC This is not a bill NCCI Carrier Code: 29939 Authorized representative 7019 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.Com 1 (800) 859-59951 Fax (800) 359-0650 WC 42 06 01 POLICY NUMBER: EPP0448712 COMMERCIAL 'GENERAL :11ABILITY ,CG'20.37'07 04 THIS END .RSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS,. LESSEES OR CONTRACTORS- COMPLETED OPERATIONS This endorsement modifies insurance provided under the 'following; COMMERCIAL GENERAL. LIABILITY COVERAGE PART SCHEDULE Narne.Of Additional 'Insured Persorzi(s) Or;Or anizatior3 s ,: Location And D6scription.Of Completed O eratioriis. Blanket as. required by written contract .Any/All locations required by written contract .Any/All projects required by written contract Information required to complete this Schedule if not showrrabove, will bek shown in the, Declarations. Section 11 — Who Is An Insured Js amended to include ;as atf additional insured 'the person(s) or organization(s)shown in the Schedule, but'only with respect to liability 'tor `"bodily;n)pry" or "properly darn- age" caused, in whole or in ;part; by"'your work` at the location designated and described in the,sched- ule of`this endorsement performed for that additional insured and included in the "products cdmpteted; operatror�s hazard" CG 20.37 07`04 0 ISO Properties, Ina., 2004 Page 1 of 1 CI POLICY NUMBER" EPP0448712 COMMERCIAL GENERAL.. LIABILITY CG`20`10 07 04 THIS ENDORS.EMENT'CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNER' , LESSEES OR; CONTRACTORS— SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under tte following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEO.ULE Agrxse O.f Addy# ono Hits it at! I erg nf OrOr anization s : Locatidn(s), Of Covered,00erations Blanket as required by written contract Any/All!©cations required by written contract Any/All projects required by written ontract Information reg uired 'to, coin Iete this Schedule if not shown`above willFbe shown,in the; Declarations. A. Section it Who .is An. Insured, is amended to include ;as an additional insured 'the person(s) or organizatior(s) shown' 'in the Schedule, but ,only with respecf to. Ila{ity for "bodily injury", "property damage'.' :or "personal and advertising injury" caused, in whole ori'n part, by: 11: Your ;acts or omissions; or 2. The acts or omissions: of those acting ph your behalf; in the performance of your.:'ongof�g ppratEops for the' ;additional insureds) at tfi6 Cocation(s) 'desig- nated above. B. With: respect to the insurance afforded to: these additional insureds, the fallowing additional dxclu- sions apply; This "insurance does not apply to "bodily injury" or "property damage" ciccurring ;after: 1. All work, including materials; parts or equip rnent furnished in oonnectibn .with :such work; on the project (other than service, maintenance or repairsf to be perFormecl by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That ;portion of 'your work" out .of which the. injury or damage!arises has been put to its in'- tended,.use by>any person or organization other than another contractor .or subcontractor en- gaged in performing operations` for a principal as a part of the same project, CG 2010 07 04 OO ISO Properties, Inc., 20D4 Page 1 .of 1 ❑ POLICY NUMBER; EPP0448712 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement -Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.................................................................................................. 2 2. Unintentional Failure to Disclose Hazards.......................................................................................... 7 3. Damage to Premises Rented to You........................................................................................... 8 4. Supplementary Payments.........................................................».................................................... 9 5. Medical Payments................................................................................................................ ..... 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.)..................................... ...............................................I......... 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations.................................................. 10 8. Waiver of Subrogation .... ali.A6t i i�A& itibnal'Insur.ed!..SoecifiedRelationsh..........----------- -- ftt'. • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors, • State or Political Subdivisions - Permits Relating to Premises; • State or Political Subdivisions Permits; and • Contractors' Operations 10. Broadened Contractual Liability - Work Within 50' of Railroad Property ......................................... 14 11. Property Damage to Borrowed Equipment................................................................................ ... 14 12. Employees as Insureds - Specified Health Care Services ........................... ........................... 14 • Nurses, • Emergency Medical Technicians; and • Paramedics. 13. Broadened Notice of Occurrence.................................................................................. .......... 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit. Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (b) Payroll (For Limits in Excess of (For Limits in Excess of (c) Gross Sales $5,000) $5,000) (d) Units e Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- 1. Employee Benefit Liability Coverage plicable limit. of insur- ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the. insured becomes legally under Supplementary Pay - obligated to pay as dam- ments. ages caused by any act; er- ror or omission of the in- (b) This insurance applies to sured, or of any other per- damages only if the act, er- son for whose acts the in- ror or omission, is negli- sured is legally liable, to gently committed in the which this insurance ap- plies. We will have the.right "administration" of your "employee benefit pro - and duty to defend the in- gram"; and sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided:. not apply. We may, at our discretion, investigate any a You did not have e ) Yudiknowledge report of an act, error or of omission and settle any claim claim o "suit" on on claim or "suit" that may re- before the sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 i) Reports all, or formance of investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers' compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- This insurance does not apply rity or disability benefits law or any similar law. to: (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in - Advertising Injury sured is liable because of "Bodily injury", "property "personal liability imposed on a fiduci- ary by the Employee Re - damage" or and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason - including the willful or reck- able effort and cooperation less Violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under (i) Employment -Related any plan included in the Practices employee benefit pro- gram"% Any liability arising out of any:. (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1) Failure of any invest- evaluation, reassign - meet, discipline, defa- mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ - Includes copyrighted material of insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 ment-related practices., acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B also apply to this Coverage. b. Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION 11 - WHO IS AN INSURED is deleted in its en- tirety and replaced by the following: (1) If you are designated in the Declarations as: (a) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c) A limited. liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with re- spect to their duties as your managers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and di- rectors are insureds, but only with respect to their duties as your officers or di- rectors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also in- sureds, but only with re- spect to their duties as trustees. (2) Each of the following is also an insured: (a) Each of your "employees" who is or was authorized to administer your "employee benefit program".. (b) Any persons, organizations or "employees" having proper temporary authori- zation to administer your "employee benefit program" if you die, but only until your legal representative is ap- pointed. (c) Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other similar insurance applies to that organization. However, cover- age under this provision: (a) Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the or- ganization. C. Limits of Insurance As respects Employee Benefit Liabil- ity Coverage, SECTION III - LIMITS OF INSURANCE is deleted in its en- tirety and replaced by the following: (1) The Limits of Insurance shown in Section B. Limits of Insur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a) Insureds; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations applies to all damages sustained by any one em- making claims or bringing ployee", including such "suits"; "employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1) Our right and duty to is the most we will pay for all defend the insured damages because of acts, er- against any "suits" rors or omissions negligently seeking those dam - committed in the "administra- ages; and tion" of your "employee benefit 2) Your dunes, and the program", duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission, or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon (a) An act, error or omission; or notification of the action taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the. deductible amount as less of the amount of time we have paid. that lapses between such d. Additional. Conditions acts, errors or omissions, negligentlycommitted in the As respects Employee Benefit Li- ability Coverage; SECTION IV - lt administration of your em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (i) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit (a) Our obligation to pay dam- a. You must see to it that we are noti- fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sure applies only to the a claim. To the extent possible, no - amount of damages in ex tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam - this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought b. Method of Sharing against any insured, you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received; and we will follow this method also. Under (2) Notify us as soon as practicable, this approach each in - You must see to it that we receive surer contributes equal written notice of the claim or "suit" as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in - any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or "suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- gation or settlement of the claim surance to the total ap- or defense against the "suit"; plicable limits of insur- and ance of all insurers. (4) Assist us, upon our request; in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of sured's own cost, voluntarily make a. this Coverage Part. payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Other Insurance added: If other valid and collectible 1. "Administration" means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a• >IRIat•72 scope of "employee This insurance is pri- benefit programs"; mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro - insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro- wl[[ share with all that grams"; or other insurance by the method described. in b. d. Effecting, continuing or below. terminating any "em- ployee's" participation includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 in any benefit included benefits, workers' com- in the "employee bene- pensation anddisability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro - a. Handling payroll de- grams; leave of ab- ductions; or sence programs, in- cluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition. assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re - benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- 2. "Cafeteria plans" means seeding in which money damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees to elect to pay for cer- are alleged, "Suit" includes: tain benefits with pre-tax dollars. a. An arbitration pro- 3. "Employee benefit pro- �� ceeding in which such damages are claimed grams means a program and to which thein- providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan" or otherwise: b. Any other alternative a. Group life insurance; dispute resolution pro- ceeding in which such group accident or health insurance; den- damages are claimed tal, vision and hearing and to which the in- sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per - such benefits are made son actively employed, for - generally available to merly employed; on leave those "employees" who of absence or disabled; or satisfy the plan's eligi- retired, "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not in- b. Profit sharing plans, clude a "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock subscription plans, SECTION IV - COMMERCIAL GENERAL provided that no one LIABILITY CONDITIONS, 7. Represen- other than an em- tations is hereby amended by the addi- ployee" may subscribe tion of the following: to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph shrinking or ex - pansion; or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c. through q. do not apply secretions, by in- sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you. or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner, rectly by any of the follow- b. The insurance provided under SEC- ing` TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move - to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.b. above: 3) Water under the ground surface press - The exclusions under SECTION ing on, or flowing or - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than i. walls; floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not; or to: c) Doors, windows or (a) 'Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract; or from water that leaks or flows from plumbing, heat- 2) Loss caused by or .re- ing, air conditioning, or fire suiting from any of the protection systems caused following: by or resulting from freez- a) Wear and tear; ing, unless: b) Rust, corrosion, 1) You did your best to maintain heat in the fungus, decay, building or structure; or deterioration, hid- den or latent de- 2) You drained the fect or any duality equipment and shut off in property that the water supply if the causes it to dam- heat was not main - age or destroy it- tained. self; (d) Loss to or damage to: c) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro - breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal farce; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office; Inc., with its permission. Page 8 of 15 caused by or resulting 5. from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner; arising out of any one "occurrence" to which this insurance ap- plies. (3) The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance,. 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in. the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in. Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in= sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COW ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and. Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations mak- ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence which are in ex- cess of the deductible amount stated in Section B. Limits of Insurance, 6. Voluntary Prop erty Damage and Care, Cus- tody or Control. Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION 11 - WHO IS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- lowing: a. Insurance under this provision is af- forded only until the 180th day after .you acquire or form the organization or the end of the policy period, whichever is earlier; 8 Waiver`of Subogatiir SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. 9. Automatic Additional Insured - Speci- 4Wd9el 2 a. The following is hereby added to SECTION II - WHO IS AN INSURED: (1) Any person or organization de- scribed in Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part. by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a) The written or oral contract or agreement is: 1) Currently in effect or becomes effective during the. policy pe- riod, and 2) Executed prior to an "occurrence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not apply to: 1) Any "occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change 2) Structural alterations, in the productmade intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- (b) Any person or organization pose of inspection, demonstration,testing, from which you lease or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organization(s) are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance., operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). specions, adjust - However, this insurance ments, tests or does not apply to any. "oc- servicing as the currence" which takes place vendor has after the equipment lease agreed to make or expires. normally under- (c) Any person or organization takes to make in the usual course (referred to below as ven- of business, in dor) with whore you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in- sale of the prod- surance, but only with re- "bodily ucts; ' spect to injury" or "property damage" arising f) Demonstration, in - out of "your products" which stallation, servic- are distributed or sold in the ing or repair op - regular course of the ven- erations, except dor's business, subject to such operations the following additional ex performed at the clusions: vendor's premises 1) the insurance afforded in connection with the sale of the the vendor does not product; apply to: a) "Bodily injury" or g) Products which, after distribution or "property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in - vendor would sured person or or - have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in - products; or jury", "property dam- b) When liability in- age" or "personal and advertising injury" aris- cluded within the ing out of operations products- performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to 11- (d) Any state or political subdi- ability arising out of "your work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex - issued a permit in connec- piration date of this Cover tion with premises you own, age Part. If there is no rent or control and to which written contract or agree - this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed, coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated under Paragraph 9.a.(2): sidewalk vaults, street banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sores; or injury" or "property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to elevators covered by bodily injury", property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in design fur- nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 12 of 15 of the additional in- sured; or 2) The rendering of, or failure to render; any professional architec- tural, engineering or surveying services, in- cluding: a) The preparing, approving or fail- ing to prepare or approve maps, shop drawings, opinions, reports,. surveys, field or= ders, change or- ders or drawings and specifications; and b) Supervisory, in- spection, archi- tectural or engi- neering activities. 3) "Your work" for which a consolidated (wrap-up) insurance program has been provided by the. pri meco ntractor-project manager or owner of the construction project in which you are in- volved. b. Only with regard to insurance pro- vided to an additional insured desig- nated under Paragraph 9.a.(2) Sub- paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Coverage Part, whichever are less, If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits ap- plicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of in- surance are inclusive of and not in addition to the limits of insurance shown in the Declarations. c. SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS is hereby amended as follows: (1) Condition 5. Other Insurance is amended to include: (a) Where required by a written contract or agreement, this insurance is primary and / 8nrluvpr►WMWw2as re- (b) Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except: 1) As otherwise provided in SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS, 5.Other Insurance, b. Excess Insurance; or 2) For any other valid and collectible insurance available to the addi- tional insured as an additional insured by attachment of an en- dorsement to another insurance policy that is written on an excess basis. In such case, the coverage provided under this endorse- ment shall also be ex- cess. (2) Condition 11. Conformance to Specific Written Contract or Agreement is hereby added: 11. Conformance to Specific Written Contract or Agreement With respect to additional insureds described in Para- graph 9.a.(2)(f) above only: If a written contract or agreement between you and the additional insured specifies that coverage for the additional insured: Includes copyrighted material of Insurance GA 233 02 07 Services Office; Inc., with its permission. Page 13 of 16 tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs .9.a.(3)(a), 9.a.(3)(b) or 9.b. above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever, the written contract or agreement specifies the In- surance Services Office additional insured form number CG.20 10 but. does not specify which edition, or specifies an edition that does not exist; Paragraphs 9.a.(3)(a) and 9.a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1) of Definition 12. "Insured contract" (SEC- TION V - DEFINITIONS) is deleted, 11. Property Damage to Borrowed Equip- ment a. The following is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY:. Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions. at the time of loss. b. With respect to the insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits designated in Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in any one 'oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each 'occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d) of SECTION 11 - WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a, of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- Includes copyrighted material or Insurance GA 233 02 07 Services Office, Inc., with. its permission. Page 14 of 15 TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is Known to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 15 of 15. DAMAGE LIABILITY, except dam- age" included in the "products -completed op - ages because of "bodily injury" or erations hazard". "property damage" included in the "products -completed operations 4. Subject to 2.a. above, the Personal and Ad - hazard"; and vertising Injury Limit is the most we will pay under COVERAGE B. PERSONAL AND AD- (2) Medical expenses under COVER- VERTISING INJURY LIABILITY for the sum of AGE C. MEDICAL PAYMENTS, all damages because of all "personal and ad- which can be attributed to operations at vertising injury" sustained by any one person or organization. only a single location owned by, or rented or leased to you. 5. Subject to 2. or 3. above, whichever applies, c. A separate Construction Project General the Each Occurrence Limit is the most we will pay for the sum of: Aggregate Limit of Insurance, equal to the amount of the General Aggregate a. Damages under COVERAGE A. BODILY Limit shown in the Declarations, shall ap- INJURY AND PROPERTY DAMAGE LI- ply to each construction project and is the ABILITY; and IMbttwe % fl'PAyEW2he sum of: b. Medical expenses under COVERAGE C. (1) Damages under COVERAGE A. MEDICAL PAYMENTS; BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- because of all "bodily injury" and "property ages because of "bodily injury" or damage" arising out of any one "occurrence". "property damage" included in the 6. Subject to 5. above, the Damage to Premises "products -completed "; andmpfeted operations Rented to You Limit is the most we will pay hazard"; and under COVERAGE A. BODILY INJURY AND (2) Medical expenses under COVER- PROPERTY DAMAGE LIABILITY for dam - AGE C. MEDICAL PAYMENTS; ages because of "property damage" to any one premises, while rented to you, or in the which can be attributed only to ongoing case of damage by fire or explosion, while operations and only at a single construc- rented to you or temporarily occupied by you tion project. with permission of the owner. d. Only for the purpose of determining which 7. Subject to 5. above, the Medical Expense General Aggregate Limit of Insurance, Limit is the. most we will pay under COVER- 2.a., 2.b., or 2.c., applies: AGE C. MEDICAL PAYMENTS for all medical 1 Location means {) premises involving expenses because of "bodily injury" sustained by any one person. the same or connecting lots, or premises, whose connection is inter- The Limits of Insurance of this Coverage Part ap- rupted only by a street, roadway, ply separately to each "coverage term". waterway or right-of-way of a rail- SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS (2) Construction project means a loca- tion you do not own, rent or lease Bankruptcy where ongoing improvements, al- Bankruptcy or insolvency of the insured or of terations, installation, demolition or the insured's estate will not relieve us of our maintenance work is performed by obligations under this Coverage Part. you or on your behalf. All connected ongoing improvements, alterations, 2. Duties in the Event of Occurrence, Offense, installation, demolition or mainte- Claim or Suit nance work performed by you or on your behalf at the same location for a. You must see to it that we are notified as the same persons or organizations, soon as practicable of an "occurrence" or no matter how often or under how a "personal and advertising injury" of - many different contracts, will be fense which may result in a claim. To the deemed to be a single construction extent possible, notice should include: project. (1) How, when and where the "occur- 3. The Products -Completed Operations Aggre- rence" or offense took place; gate Limit is the most we will pay under COW (2) The names and addresses of any ERAGE A. BODILY INJURY AND PROP- injured persons and witnesses; and ERTY DAMAGE LIABILITY for damages be- cause of "bodily injury" and "property dam - Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 13 of 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 07-31-2019 EBA 044 87 12 Named Insured: NORTH.TEXAS CONTRACTING INC Countersigned by: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION 11 - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury" or "property damage". AA 4171 1105 POLICY NUMIBER: E"448712 COMMERCIAL AUTO CA 20 4.8 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the. Coverage Form. This endorsement does nut alter coverage provided In the. Coverage Form. This Pridorcemant changes the policy effective on the inception date of the policy unless another date is indi- cated below, Enclo sernent Effective: 07/31119 Countersigned sy: Named Insured,. North Texas Contracting, Inc. (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): This endorsement is blanket for all persons or entities required by the. Prime Agreement. Applies to all projects performed by North Texas Contracting, Inca (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement,) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Copyright,Insurance Services Office, inc., 1998 Page 1 of 1 ❑ THIS. ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This. endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 07-31-2019 EBA 044 87 12 Named Insured: NORTH TEXAS CONTRACTING INC Countersigned by: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "Insured contract", pro- vided the "bodily injury" or "property damage" occurs subsequent to the execution of the "in- sured contract". AA 4172 09 09 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the Inception date of the policy unless another date Is Indl� cated below, EndorsemenIlEffe.ctive: 07/31119 Policy Number: EBA 044 87 12 Named Insured: North Texas Contracting Inc ntersigned by: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement, 1.. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance is replaced by the following: c, Regardless of the provisions. of Para- graph a. above, this Coverage Forms. Li- ability Coverage is p'rlmary and we will not seek contribution From any other in- sur-anee for :any liability assurnud under an "Insured contract" that requires Ilab]tlty to be assumed on a primary noncon- tributory basis, AA 417411 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE. READ IT CAREFULLY. AUTOMATIC NON-CONTRIBUTORY COVERAGE ENDORSEMENT - WHERE REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART SCHEDULE LIMITS OF INSURANCE: $10 ,000,000 Each Occurrence Limit $10 ,000,000 Aggregate Limit COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM, US 101 and US 101 UM, is amended as follows: A SECTION III - LIMITS OF INSURANCE is It is agreed that this condition does not amended to add the following: apply to the "non-contributory additional 7. For the purposes of this endorsement on- insured's" own insurance program. ly, the Limits of Insurance stated in the This exception to the Other Insurance. Schedule of this endorsement and de- Condition shall only apply if the applicable scribed below will apply on a "non-- "underlying insurance" applies on a "non- contributory basis" within the parameters contributory basis" for such "non - set forth in SECTION III - LIMITS OF IN- contributory additional insured" and only SURANCE of the Coverage Part to which to the extent of the specific limits of insur- this endorsement is attached` anoe required in a written contract or We will not pay more on behalf of a "non- agreement on a "non-contributory basis" that is in.excess of the "underlying insur- tis that contributory additional insured" than the lesser of a. The Limits of Insurance stated in the 2. The following condition is added: Schedule of this endorsement; or 15. As a precedent to the receipt of in- b. The limits of insurance required in a surance coverage hereunder, the "non-contributory additional insured" written contract on a non- must give written notice of such claim contributory basis" for such "non- or "suit", including a demand for de - contributory additional insured", but fense and indemnity, to any other in - only to the extent the required limits surer who had coverage for the claim. of insurance are in excess of the "underlying or "suit" under its polices. Such no - insurance"; or tiee must demand the full coverage c. The Limits of Insurance available af- available and the "non-contributory ter the payment of "ultimate net loss" additional insured" shall not waive or on: any insured's behalf from any limit such other available coverage. claim or "suit". This condition does not apply to the This provision is included within and does "non-contributoryadditional insureds" not act to increase the Limits of Insurance own insurance program. stated in the Declarations. C. SECTION IV - DEFINITIONS is amended to B. SECTION IV - CONDITIONS is amended as add the following: follows: 30. "Non-contributory additional insured" 1. Condition 9. Other Insurance is amended means any person or organization: to add the following: a. Qualifying as an. additional insured under SECTION 11 - WHO IS AN IN- SURED, Paragraph 3. of the Cover - Includes copyrighted material of ISO US 4096 1116 Properties, Inc., with its permission. Page 1 of 2 age Part to which this endorsement is (2) The written contract or agree - attached; and ment requires a specific limit of b. Being granted additional insured sta- insurance on a "non-contributory basis that is in excess ofun- tus on a "non-contributory basis" in denying insurance". the "underlying insurance'" as re- quired in a written contract between 31. "Non-contributory basis" means that the an additional insured and a Named limits of insurance of the Coverage Part to Insured provided: which this endorsement is attached apply to insured loss on behalf of the "non- (1) The written contract or agree- contributory additional insured" prior to curremerit is executed before the "on-contributory of insurance from other insurance in jury', . pe resulting in "bodily rig which the "non-contributory additional in- jury', "personal and advertising sured" is a named insured. injury" or "property damage" for which coverage is being sought under this endorsement; and Includes copyrighted material of ISO US 4096 1116 Properties, Inc., with its permission. Page 2 of 2 Administrative Offices RCM 6 GREAT 301 E.40Street . O 01 {Ed. D8 i5) - ""� " " Cincinnati, Ohio 45202 (ASURANCF t 0up Tel: 1.513-369-5000 POLICY NUMBER: PCME235470 02 GREAT AMERICAN E & S INSURANCE COMPANY PROFESSIONAL AND CONTRACTING SERVICES ENVIRONMENTAL LIABILITY INSURANCE POLICY THIS POLICY CONTAINS SOME CLAIMS MADE AND REPORTED COVERAGES. READ IT CAREFULLY. SOME OF THE COVERAGES CONTAINED WITHIN THIS POLICY REQUIRE THAT A CLAIM BE MADE AGAINST THE INSURED .DURING THE POLICY PERIOD AND REPORTED TO THE COMPANY DURING THE POLICY PERIOD OR, IF APPLICABLE, THE EXTENDED REPORTING PERIOD. SOME OF THE PROVISIONS CONTAINED IN THIS POLICY RESTRICT COVERAGE, SPECIFY WHAT IS AND IS NOT COVERED AND DESIGNATE RIGHTS AND DUTIES. LEGAL EXPENSE IS SUBJECT TO AND WILL ERODE THE LIMIT OF LIABILITY AND ANY APPLICABLE SELF -INSURED RETENTION. In this Policy, "the Company" refers to the company providing this insurance. Some other words and phrases that appear in capital letters have special meaning. Refer to Section 11-- DEFINITIONS. In consideration of the payment of the Policy Premium and in reliance upon the statements contained in the Application and any other supplemental materials and information submitted in connection with the Application, and subject to all the terms, conditions, exclusions and limitations of this Policy, the Company agrees to provide insurance coverage to the INSURED as described herein: SECTION 1. INSURING AGREEMENTS EACH OF THE FOLLOWING COVERAGES 1S IN EFFECT ONLY IF LIMITS OF LIABILITY ARE INDICATED FOR SUCH COVERAGE IN THE DECLARATIONS. EACH COVERAGE THAT IS IN EFFECT IS SUBJECT TO SECTION V1. LIMIT OF LIABILITY AND SELF -INSURED RETENTION. A. COVERAGE .A.-- PROFESSIONAL LIABILITY The Company will pay on behalf of the INSURED for LOSS and related LEGAL.EXPENSE because of an actual or alleged act, error or omission in PROFESSIONAL SERVICES, which the INSURED becomes legally obligated. to pay as a result of a CLAIM first made against the INSURED during the POLICY PERIOD, but only if the INSURED reports the CLAIM to the Company, in writing, during the POLICY PERIOD or, if applicable, the EXTENDED REPORTING PERIOD. B. :COVERAGE B — OCCURRENCE CONTRACTING SERVICES POLLUTION LIABILITY The Company will pay on behalf of the INSURED for LOSS, CLEAN-UP COSTS, and related LEGAL EXPENSE because of a POLLUTION CONDITION at, or migrating from, a JOB SITE that arises from CONTRACTING SERVICES or COMPLETED OPERATIONS: 1. which the INSURED becomes legally obligated to pay as a result of a CLAIM because of BODILY INJURY, PROPERTY DAMAGE or ENVIRONMENTAL DAMAGE that occurs during the POLICY PERIOD, or 2. if, during the POLICY PERIOD: (a) the POLLUTION CONDITION first begins; (b) the INSURED first discovers the POLLUTION CONDITION; and (c) the INSURED first reports the POLLUTION CONDITION to the Company, in writing. (Page 1 of 21) PCM 60 01 (Ed. 08 15) C. COVERAGE C — POLLUTION LEGAL_ LIABILITY ARISING FROM AN OWNED LOCATION The Company will pay on behalf of the INSURED for LOSS, CLEAN-UP COSTS, and related LEGAL EXPENSE because of a POLLUTION CONDITION migrating from a COVERED LOCATION: 1. which the INSURE© becomes legally obligated to pay as a result of a CLAIM first made against the INSURED during the POLICY PERIOD; or 2. if, during the POLICY PERIOD, the INSURED first discovers the POLLUTION CONDITION, but only if - (I) the INSURED notifies the Company of the CLAIM or POLLUTION CONDITION, in writing, during the POLICY PERIOD or, if applicable,.the EXTENDED REPORTING PERIOD; and (ii) the POLLUTION CONDITION originates at a COVERED LOCATION and subsequently migrates from that location; and (III) the POLLUTION CONDITION first begins and ends within a period of seven (7) consecutive. days. D. COVERAGE D — OCCURRENCE NON -OWNED DISPOSAL SITE The Company will pay on behalf of the INSURED for LOSS, CLEAN-UP COSTS, and related LEGAL EXPENSE because of a POLLUTION CONDITION on, at, under, or migrating from a NON -OWNED DISPOSAL SITE, which the INSURE❑ becomes legally obligated to pay as a result of a CLAIM because of BODILY INJURY, PROPERTY DAMAGE or ENVIRONMENTAL DAMAGE that occurs during the POLICY PERIOD. E. COVERAGE E — OCCURRENCE IN -BOUND AND OUT -BOUND CONTINGENT TRANSPORTATION COVERAGE The Company will pay on behalf of the INSURED for LOSS, CLEAN-UP COSTS, and related LEGAL EXPENSE because of a POLLUTION CONDITION arising from the INSURED's goods, products, or waste, during the course of transportation by a CARRIER to or from: 1. a JOB SITE; or 2. a COVERED LOCATION, including any loading or unloading of such goods, products, or waste, which the INSURED becomes legally obligated to pay as a result of a CLAIM because of BODILY INJURY, PROPERTY DAMAGE, or ENVIRONMENTAL DAMAGE that occurs during the POLICY PERIOD. F. COVERAGE F — MITIGATION COSTS COVERAGE The Company will pay the INSURED's MITIGATION COSTS because of an actual act,. error or omission in PROFESSIONAL SERVICES, but only if: 1. the PROFESSIONAL SERVICES were rendered subsequent to the applicable Retroactive Date, but prior to the end of the POLICY PERIOD; 2. during the POLICY PERIOD and prior to incurring any MITIGATION COSTS, the INSURED provides the Company with: (a) written notice of such act, error or omission in PROFESSIONAL SERVICES; and (b) a proposed written plan for correcting such act, error or omission, along with documentation supporting the reasonableness and necessity of such proposed plan; (Page 2 of 21) PCM 60 01 (Ed. 08 15) 3. all MITIGATION COSTS are approved by the Company; in writing, prior to being incurred by the INSURED; and 4. the MITIGATION COSTS are not covered under any other Coverage afforded under this Policy. SECTION II. DEFINITIONS A. ADDITIONAL NAMED INSURED means any person, organization, or entity identified as an ADDITIONAL NAMED INSURED in an endorsement issued by the Company. B. AUTOMOBILE means a land motor vehicle, trailer, semi -trailer, mobile equipment, or off --road motor vehicle, including any machinery or apparatus attached thereto. C. BODILY INJURY means: 1. physical injury, sickness, disease, or building -related illness sustained by any person, including death resulting therefrom and, solely with regard to this Item CA., any accompanying medical or environmental monitoring; 2. court -ordered medical monitoring; or 3. mental anguish, emotional distress, or shock; caused by a POLLUTION CONDITION. D. CARRIER means a person or entity, other than an INSURED or any subsidiary.or affiliate company of an INSURED, engaged by or on behalf of the INSURED to transport material by AUTOMOBILE, aircraft, watercraft, or rolling stock, but only if such person or entity is properly licensed to transport such material and in the business of transporting such material. E. CLAIM means a demand, notice, or assertion of a legal right alleging liability or responsibility on the part of the INSURED because of: (i) a POLLUTION CONDITION; or (ii) an actual or alleged act, error or omission in PROFESSIONAL SERVICES, including but not be limited to lawsuits, orders, petitions or governmental or regulatory actions filed against the INSURED. F. CLEAN-UP COSTS mean the reasonable and necessary expenses incurred to investigate, remove, dispose of, abate, contain, treat, or neutralize a POLLUTION CONDITION, including any associated monitoring and testing costs: 1. to the extent required by federal, state, local or provincial laws, including but not limited to statutes,rules, ordinances, guidance documents, regulations and all amendments thereto, including state voluntary cleanup or risk based corrective action guidance, governing the liability or responsibilities of the INSURED; or 2. in the absence of items in 1. above, to the extent recommended by an ENVIRONMENTAL PROFESSIONAL. CLEAN-UP COSTS include: (a) REPLACEMENT COSTS; (b) EMERGENCY RESPONSE COSTS; (c) any associated punitive, exemplary, or multiplied damages where insurable by law•, and (d) civil fines, penalties and assessments, but only to the extent they: (i) arise solely from the investigation, removal., disposal of, abatement, containment, treatment or neutralization of a POLLUTION CONDITION; (ii) are imposed by a government entity acting under authority of applicable federal, state, local or provincial laws; and (iH) are insurable by law. (Page 3 of 21) PCM 60 01 (Ed. 08 15) G. COMPLETED OPERATIONS mean CONTRACTING SERVICES that are completed. COMPLETED OPERATIONS do not include any CONTRACTING SERVICES that have not been completed or have otherwise been abandoned. CONTRACTING SERVICES will be considered completed at the earliest of the following times: 1. when all CONTRACTING SERVICES to be performed under the contract have been completed; or 2. when all CONTRACTING SERVICES to be performed at the JOB SITE have been completed; or 3. when that portion of the CONTRACTING SERVICES has been put to its intended use by any person or entity other than another contractor or subcontractor working on the same project. CONTRACTING SERVICES that. may require further maintenance, service, correction, repair or replacement, but are otherwise complete, shall be deemed completed. H. CONTRACTING SERVICES mean any contracting services stated in the Declarations, or scheduled as such onto this Policy by an endorsement issued by the Company, performed by or on behalf of the INSURED at a JOB SITE. I.. COVERED LOCATION means any location stated in the Declarations or any location scheduled as such onto this Policy by an endorsement issued by the Company. COVERED LOCATION does not include a JOB SITE. J. EMERGENCY RESPONSE COSTS mean costs, charges or expenses incurred by the. INSURED on an emergency basis, where delay on the part of the INSURED would cause injury to persons, damage to property, or increase significantly the cost of responding to a POLLUTION CONDITION. The INSURED shall notify the Company of all such expenses immediately after the emergency ends. K. ENVIRONMENTAL DAMAGE means physical injury to the atmosphere, structures, soil, surface water or groundwater arising from a POLLUTION CONDITION and resulting in CLEAN-UP COSTS. ENVIRONMENTAL DAMAGE does not include PROPERTY DAMAGE. L. ENVIRONMENTAL PROFESSIONAL means an individual designated by the Company who is duly certified or licensed in a recognized field of environmental science as required by a state board, a professional association, or both. The Company shall consult with the FIRST NAMED INSURED in conjunction with the selection of the. ENVIRONMENTAL PROFESSIONAL. The Company may require that such professional meet certain minimum qualifications and maintain errors and omissions insurance. M. EXTENDED REPORTING PERIOD means the Automatic Extended Reporting Period or, if applicable, the Optional Extended Reporting Period described in Section V. of this Policy. N. FIRST NAMED INSURED means the person or entity stated in Item 1. of the Declarations. O. GREEN BUILDING MATERIALS mean any building products or construction materials that are recognized by The. Leadership in Energy and Environmental Design (LEEDO) or Energy Star as: (i) being environmentally preferable or sustainable; or (li) providing enhanced energy efficiency. P. INSURED means: 1. the FIRST NAMED INSURED; 2. any ADDITIONAL NAMED INSURED; and 3. any present or former director, officer, partner, member, employee, leased or temporary worker of the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED, while acting within the scope of his/her duties as such; and 4. any organization or entity, in existence at any time prior to the POLICY PERIOD, in which the FIRST NAMED INSURED has: (i) an ownership interest of fifty percent (50%) or more; or (ii) control over the management thereof; and (Page 4 of 21) PCM 60 01 (Ed. 08 15) 5. any joint venture in which the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED is named as a co - venturer, but solely to the extent such FIRST NAMED INSURED or ADDITIONAL NAMED INSURED is liable because of its performance CONTRACTING SERVICES provided under such joint venture, and 6. solely with regard to Coverage B under this Policy and only when required by written contract, INSURED also includes: A. the client for whom the INSURED performs CONTRACTING SERVICES provided that such contract was signed by the INSURED and such client prior to the date the POLLUTION CONDITION first commenced. However, the client is included as an INSURED .under this Policy solely to the extent that the client is found liable based upon CONTRACTING SERVICES negligently performed by an INSURED other than the client, No coverage will be provided for such entity's own negligence or strict liability; and B. any entity unrelated to the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED, provided that such contract was signed by the INSURED and the client for whom the INSURED performs CONTRACTING SERVICES prior to the date the POLLUTION CONDITION first commenced. However, such entity is included as an INSURED under this Policy solely to the extent that it is found liable based upon CONTRACTING SERVICES negligently performed by an INSURED other than such entity. No coverage will be provided for such entity's own negligence or strict liability. Coverage for such client or entity under this Policy shall not exceed the lesser of the following amounts: (i) the Limit of Liability required under such written contract; or (ii) the applicable Coverage B Limit of Liability of this Policy. Notwithstanding Section IX. CONDITIONS, Item N. OTHER INSURANCE, and only when required by such written contract, the coverage afforded under this Policy for any person or entity who is an INSURED solely by reason of subparagraph 6. of the Definition of INSURED will apply as primary as to any other valid and collectible insurance available to such INSURED. Q. JOB SITE means a. location at which CONTRACTING SERVICES are performed. JOB SITE also includes real property rented or leased by the INSURED during the course of performing CONTRACTING SERVICES, but only if such real property is utilized in direct support of such CONTRACTING SERVICES. However, JOB SITE does not include any: 1. COVERED LOCATION; or 2. other location that is managed, operated, owned, or leased by an INSURED or any subsidiary or affiliate of an INSURED, except for any such location that is managed, operated, owned, or leased solely by any person or organization that is an INSURED only by reason of subparagraph 6, of the definition of INSURED. R. LEGAL EXPENSE means attorneys' fees and other charges and expenses incurred in the investigation, adjustment, defense, or settlement of any CLAIM for LOSS or CLEAN-UP COSTS, or in connection with the payment of any CLEANUP COSTS. LEGAL EXPENSE includes the fees and expenses of consultants, expert witnesses, accountants, court reporters, and other vendors, for goods or services in connection with such investigation, adjustment, defense, or settlement; whether incurred by the INSURED, defense counsel, or the Company. LEGAL EXPENSE also includes costs of appeal bonds, and pre -judgment and post judgment interest. LEGAL EXPENSE does not include salary charges of regular employees or officials of the Company, fees and expenses of supervisory counsel retained by the Company, or the time and expense incurred by the INSURED in assisting in the investigation or resolution of a CLAIM or in connection with CLEAN-UP COSTS, including but not limited to the costs of the INSURED's in-house counsel. (Page 5 of 21) PCM 60 01 (Ed. 08 15) S. LOSS means: 1. solely with regard to Coverage A, a monetary judgment, award, or settlement of: (a) compensatory damages; or (b) punitive, exemplary or multiplied.damages, civil fines, penalties and assessments, where insurable by law; 2. with regard to any coverage(s) other than Coverage A, a monetary judgment,. award, or settlement of: (a) compensatory damages; or (b) punitive, exemplary or multiplied damages, civil fines, penalties and assessments, where insurable by law, because of BODILY INJURY or. PROPERTY DAMAGE. However, LOSS does not include any: (i) return, refund, or disgorgement of any INSURED's fee or other sum, whether or not the INSURED received it for PROFESSIONAL_ SERVICES, expenses, or otherwise; (ii) cost of complying with any injunctive or other equitable relief; or (iii) liquidated damages, whether such liquidated damages are pursuant to contract or otherwise. T. MEDIATION means the process by which a neutral third party evaluates a CLAIM and provides non -binding recommendations in an effort to facilitate a resolution of such CLAIM. U. MITIGATION COSTS mean the reasonable costs and expenses that are necessary to: 1, prevent further harm, injury or damage to persons or tangible property; or 2. reduce the INSURED's liability to any person or organization that is not an INSURED, but only if the INSURED expects to incur such liability as a direct result of an act, error or omission in the PROFESSIONAL SERVICES. However, MITIGATION COSTS do not include: (i) any of the INSURED's overhead, mark-up, profit or labor costs; (ii) any consequential damages or costs, including but not limited to delay damages, cost over -runs, lost profits, liquidated damages, or loss of use; or (iii) any work that is a betterment or exceeds the scope of the original project. V. MOLD MATTER means mold, mildew, or any type or form of fungus, including any mycotoxins, spores, or byproducts produced or released by fungi. W. NON -OWNED DISPOSAL SITE ("NODS") means a location used for the treatment, storage, or disposal of waste, but only if: 1. the waste is generated by CONTRACTING SERVICES or at a COVERED LOCATION; and 2. the NODS is not managed, operated, owned., or leased by the INSURED or any subsidiary or affiliate of the INSURED; and 3. the NODS is permitted and/or licensed by any federal, state, local or provincial authorities to accept such material as of the date of the treatment, storage, or disposal; and 4. the NODS is not listed on a proposed or final Federal National Priorities List ("NPL") and any State or Provincial equivalent NPL, Superfund, or Hazardous Waste list prior to the treatment, storage, or disposal. (Page 6 of 21) PCM 60 01 (Ed. 08 15) X. POLICY PERIOD means the period stated in Item 2. of the Declarations. However, if this Policy is cancelled by either the FIRST NAMED INSURED or the Company, the policy period ends at the effective date and time of the cancellation. Y. POLLUTANTS mean any solid, liquid, gaseous or thermal pollutant, irritant or contaminant, including but not limited to smoke, vapors, odors, soot, fumes, acids, alkalis, toxic chemicals, hazardous substances, petroleum hydrocarbons, waste, including medical, infectious, red bag, and pathological wastes, legionella; electromagnetic fields, MOLD MATTER and low-level radioactive waste and material Z. POLLUTION CONDITION means: 1. the discharge, dispersal, release, seepage, migration, or escape of POLLUTANTS into or upon land or structures thereupon, the atmosphere, or any watercourse or body of water including groundwater; 2. the illicit abandonment of contained or uncontained POLLUTANTS at a JOB SITE or COVERED LOCATION, but only if such abandonment was committed by a person(s) or entity(ies) other than an INSURED and without the knowledge.of any RESPONSIBLE PERSON; 3. the existence of MOLD MATTER, on, at, or within a building or structure; 4. the discharge, dispersal, release, or escape of metham pheta mines or other chemicals associated with methamphetamine laboratories within a building or structure; and 5. solely with regard to Coverage E, the illicit abandonment of any waste beyond the legal boundaries of a COVERED LOCATION by a CARRIER, but only if such abandonment was committed by a CARRIER that is not an INSURED and without the knowledge of any RESPONSIBLE PERSON. AA.PROFESSIONAL SERVICES mean: 1. solely with regard to Coverage A, any professional services stated in the Declarations, or scheduled as such onto this Policy by endorsement issued by the Company, performed by or on behalf of the INSURED; and 2. solely with regard to Coverage F, design, design assist, engineering, or value engineering performed by the INSURED. BB.PROPERTY DAMAGE means: 1. physical injury to, or destruction of, the real property or tangible personal property of any: (a) person or organization that is not an INSURED; or (b) any person or organization that is an INSURED only by reason of subparagraph 6. of the definition of INSURED, including the resulting loss of use of such property; or 2. loss of use of such property that has not been physically injured or destroyed; 3. diminution in the value of such property; or 4. natural resource damage which means the physical injury to, or destruction of, as well as the assessment of such injury or destruction, including the resulting loss of value of land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by the Magnuson -Stevens fishery Conservation and Management Act(16 U.S.C. 1801 et. seq.)), any State, Local or Provincial government, any foreign government, any Native American tribe, or, if such resources are subject to a trust restriction or alienation, any member of a Native American tribe. caused by a POLLUTION CONDITION. However, PROPERTY DAMAGE does not include CLEAN-UP COSTS or ENVIRONMENTAL DAMAGE. (Page 7 of 21) PCM 60 01 (Ed. 08 15) CC.REPLACEMENT COSTS mean reasonable and necessary costs incurred by the INSURED, with the Company's written consent, to repair, restore or replace damaged real property or tangible personal property in order to restore the property to the condition it was in prior to it being damaged, but only if the damage to such real property or tangible personal property occurred in the course of incurring CLEAN-UP COSTS. REPLACEMENT COSTS includes the use of GREEN BUILDING MATERIALS. REPLACEMENT COSTS shall not exceed the actual cash value of such real property or tangible personal property prior to incurring the CLEAN-UP COSTS, plus the increased costs, if any, for GREEN BUILDING MATERIALS. For the purposes of this definition, actual cash value means replacement cost reduced by physical depreciation and obsolescence. DD.RESPONSIBLE PERSON means: 1. any officer, director, or partner of the INSURED; 2. the manager, foreman, or supervisor of the INSURED responsible for environmental or health and safety affairs, control or compliance; or 3. any manager of a COVERED LOCATION. EE.UNDERGROUND STORAGE TANK means any container or vessel, including the associated piping connected thereto, which is ten percent (1 0%) or more beneath the surface of the ground. UNDERGROUND STORAGE TANK does not include any oillwater separators, storm -water collection systems, or any tank contained in a subterranean room of a COVERED LOCATION. SECTION IIL TERRITORY This Policy applies only to a CLAIM first made or brought in, or a POLLUTION CONDITION located within, the United States, its territories or possessions, Puerto Rico or Canada, but only if the INSURED's responsibility to pay for LOSS is determined in: A. a proceeding on the merits conducted in the United States, its territories or possessions, Puerto Rico or Canada; or B. a settlement agreed to by the Company. SECTION IV. EXCLUSIONS This Insurance does not apply to any LOSS, CLEANUP COSTS, .MITIGATION COSTS, LEGAL. EXPENSE or other coverage afforded under this Policy that is: 1. Asbestos based upon or arising out of the existence of, required removal of, or abatement of, asbestos in any form, including, but.not limited to, products containing asbestos, asbestos fibers, asbestos dust, and asbestos containing materials. This exclusion does not apply to: (a) Coverages A and F; (b) Coverage B; or (c) asbestos in any form, (1) with respect to Coverages C and D, in soil or in any watercourse or body of water including groundwater; or (ii) with respect to Coverage E, where the exposure occurs during the course of transportation as a result of a POLLUTION CONDITION that first commenced during the POLICY PERIOD. (Page 8 of 21) PCM 60 01 (Ed. 08 15) 2. Communicable Diseases based upon or arising out of any exposure to infected humans or animals. 3. Contractual Liability based upon or arising from the INSURED's assumption, This exclusion does not apply to: humans or animals, or contact with bodily fluids of infected under any contract or agreement, of the liability of another, (a) liability the INSURED would have had in the absence of the contract or agreement; or (b) solely with regard to Coverage B, to liability for LOSS or CLEAN-UP COSTS assumed in a written contract that was signed by the INSURED and the INSURED's client prior to the date the POLLUTION CONDITION first commenced, but only if such liability arises directly from a POLLUTION CONDITION arising from CONTRACTING SERVICES or COMPLETED OPERATIONS and does not arise from the sole negligence of the client. 4. Criminal Fines, Penalties and Assessments based upon or arising out of any criminal fine, criminal penalty, or criminal assessment. 5. Discrimination based upon or arising out of discrimination by any INSURED on the basis of age, creed, disability, marital status, national origin, race, sex, sexual orientation, or any other unlawful or illegal basis. This exclusion does not apply to a CLAIM under Coverage A alleging that the INSURED's provision of, or failure to provide, PROFESSIONAL SERVICES resulted in the failure to make a reasonable accommodation under the Americans With Disabilities Act, or amendments thereto. 6. Employer's Liabilit Morkers' Compensation based upon or arising out of: (a) BODILY INJURY to any INSURED, or any employee of its parent, subsidiary or affiliate: (i) arising out of and incurred in the course of employment by such INSURED or its parent or subsidiary or affiliate; or (ii) who is performing duties related to the conduct of the INSURED's business; or (b) BODILY INJURY or pecuniary loss to the spouse, child, parent, brother or sister of such INSURED or employee of its parent, subsidiary or affiliate, as a consequence of item (a) above. This exclusion applies whether an INSURED may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay another who must pay damages as a result of the BODILY INJURY or pecuniary loss. However, this exclusion does not apply to liability for LOSS assumed by the. INSURED in a written contract that was signedby the INSURED and the INSURED's client prior to the date the POLLUTION CONDITION first commenced, provided that the LOSS is only due to a POLLUTION CONDITION arising from CONTRACTING SERVICES and does not arise from the sole negligence of the client. 7. Faulty Workmanship/Own Work based upon or arising out of the costs to repair or replace faulty workmanship, construction, fabrication, installation, assembly or remediation, if such faulty workmanship, construction, fabrication, installation, assembly or remediation was performed, in whole or in part, by an INSURED or an entity for whom an INSURED is legally responsible. This. exclusion does not apply to: (a) LOSS under Coverage A which arises from an actual or alleged act, error or omission in PROFESSIONAL SERVICES; or (b) CLEAN-UP COSTS under Coverage B. 8. Hostile Acts based upon or arising out. of any consequence, whether direct or indirect, of declared or undeclared war, invasion, act of foreign enemy, hostilities, civil war, rebellion, revolution, insurrection, or military or usurped power, or in defending against any one or more of those. (Page 9 of 21) PCM 60 01 (Ed. 08 15) 9. Insured vs. Insured based upon or arising out of any CLAIM by one INSURED against any other INSURED. This exclusion does not apply to a CLAIM: (a) made by a person or organization that is an INSURED only by reason of subparagraph 6. of the Definition of INSURED; or (b) that arises out of an indemnification given by one INSURED to another INSURED as specified in a contract that was submitted to and approved by the Company and added to this Policy by endorsement. 10. Insured's Property based upon or arising out of damage to: (a) real or personal property owned by, leased by, operated by, or loaned to an INSURED; or (b) personal property in the care, custody, or control of an INSURED, even if such damage is incurred to avoid or mitigate LOSS or CLEAN-UP COSTS which may be covered under this Policy. This exclusion does not apply to: (i) REPLACEMENT COSTS; (ii) damage to property owned, leased or operated by, or in the care, custody or control of, a person or organization that is an INSURED only by reason of subparagraph 6. of the Definition of INSURED; or (iii) damage to real property rented or leased by the INSURED during the course of performing CONTRACTING SERVICES, but only if such real property is utilized indirect support of such CONTRACTING SERVICES. 11. Intentional Acts based upon or arising out of: (a) a POLLUTION CONDITION that results from any RESPONSIBLE PERSON's intentional disregard of, or deliberate, willful,. or dishonest non-compliance with, any statute, regulation, ordinance, administrative complaint, notice letter, or instruction issued by or on behalf of any governmental agency or representative; or (b) any dishonest, criminal, fraudulent, intentional misrepresentation, knowingly wrongful conduct, or negligent misrepresentation, on the part of, or at the direction of, any INSURED, in the performance of, or failure to perform, PROFESSIONAL SERVICES. 12. Known Conditions based upon or arising out of any POLLUTION CONDITION, or out of any actual or alleged act, error or omission in PROFESSIONAL SERVICES, that was known by, or reported to, any RESPONSIBLE PERSON and not specifically reported, in writing, to the Company prior to, (a) the beginning of the POLICY PERIOD; or (b) the effective date of any endorsement issued by the Company adding to this Policy any: (i) COVERED LOCATION not scheduled onto this Policy as of the first day of the POLICY PERIOD; or (ii) CONTRACTING SERVICES not covered by this Policy as of the first day of the POLICY PERIOD; or (III) PROFESSIONAL SERVICES not covered by this Policy as of the first day of the POLICY PERIOD. (Page 10 of 21) PCM 60 01 (Ed. 08 15) Any such POLLUTION CONDITION, or actual or alleged act, error or omission in PROFESSIONAL SERVICES, specifically reported, in writing, to the Company, which is not otherwise excluded under this Policy by endorsement, is deemed to be first discovered on the date the COVERED LOCATION, CONTRACTING SERVICES or PROFESSIONAL SERVICES, as applicable, were added to this Policy. 13. Lead -Based Paint based upon or arising out. of lead -based paint in, on, or applied to, any building or other structure. This exclusion does not apply to: (a) Coverages A, B, D, E or F; or (b) with respect to Coverage C, lead -based paint in soil or in any watercourse or body of water including groundwater. 14. Material Change in Use based upon or arising out of a change in the use of, or operations at, a COVERED LOCATION from the use or operations as of the date the COVERED LOCATION became insured by this Policy, if that change materially increases the likelihood or severity of a POLLUTION CONDITION or CLAIM. 15. Naturally Occurring Material(s) based upon or arising out of the existence, required removal, or abatement, of any naturally occurring material(s). This exclusion does not apply: (a) where such substances are present at, or migrate from, a JOB SITE due to CONTRACTING SERVICES; (b) where such substances are present at a COVERED LOCATION only because of human activities or processes; (c) to silt and sediment that migrate from a JOB SITE because of CONTRACTING SERVICES; (d) to MOLD MATTER; or (e) to LOSS and related LEGAL EXPENSE because of radon. 16. New Pollution Conditions at Divested Property based upon or arising out of a POLLUTION CONDITION on, at, under or migrating from a COVERED LOCATION, if the discharge, dispersal, release, seepage, migration or escape of those POLLUTANTS associated with such POLLUTION CONDITION first commenced after such COVERED LOCATION is sold, given away, or abandoned by the INSURED, or condemned. 17. Other Businesses based upon or arising out of any INSURED's status, duties, or involvement as an officer, director, partner, member,. participant, stockholder, employer or employee of any business or organization that is not stated in the Declarations or otherwise designated as or added to this Policy as an INSURED. 18. Prior Claims. based upon or arising out of any CLAIM reported under any insurance policy that was both: (i) in effect before the beginning of the POLICY PERIOD.; and (H) issued by an entity other than the Company. 19. Products Liability based upon or arising out of goods or products: (a) designed, manufactured; sold, handled, distributed, altered or repaired by the INSURED or by others trading under the INSURED's name, including any container thereof, any failure to warn, or any reliance upon a representation or warranty made at any time with respect thereto; or (b) fabricated or installed by the INSURED, unless a POLLUTION CONDITION arises from the fabrication or installation of such goods or products as park of CONTRACTING SERVICES. (Page 11 of 21) PCM 60 01 (Ed. 08 15) This exclusion does not apply to such goods or products while they remain within. the legal boundaries of a COVERED LOCATION. 20. Property Held for Others based upon or arising out of damage to personal property that is warehoused or stored for a fee, by any person, organization or entity that is not an INSURED, in or about any building or structure at a COVERED LOCATION. This exclusion does not apply to REPLACEMENT COSTS. 21. Retroactive Date based upon or arising out of: (a) any POLLUTION CONDITION that first commenced prior to the Retroactive Date set forth in the Declarations or as otherwise applicable, including any further dispersal, migration or movement of that POLLUTION CONDITION on or after that date; or (b) an actual or alleged act, error or omission in PROFESSIONAL. SERVICES that first commenced prior to the Retroactive Date set forth in the Declarations or as otherwise applicable, including any continuous or related actual or alleged act(s), error(s) or omission(s) on or after that date. 22. Related Entities and/or Individuals based upon or arising out of a CLAIM made by any person or entity: (a) that wholly or partially owns an INSURED; (b) in which an INSURED owns an interest in. excess of twenty percent (209/6); (c) that is managed, operated or otherwise controlled by an INSURED; or (d) in which an INSURED is a principal, officer or director. 23. Surety, Insurance or Bonding based upon or arising out of obtaining, requiring, acquiring, or maintaining any form of surety, insurance or bond, or any failure to do any of those. 24. Underground Storage Tank(s) based upon or arising out of the existence of any UNDERGROUND STORAGE TANK at a COVERED LOCATION. This exclusion does not apply to an UNDERGROUND STORAGE TANK: (a) that is either closed, abandoned in place, or removed, in accordance with all applicable federal, state, or provincial regulations, prior to the inception date of this Policy; or (b) that is endorsed to this Policy in the Underground Storage Tank Schedule, if any; or (c) the existence of which is unknown by each and every RESPONSIBLE PERSON as of the inception date of this Policy. 25. Vehicles based upon or arising out of the ownership, maintenance, use, operation, loading or unloading of any AUTOMOBILE, aircraft, watercraft, rolling stock or any other form of transportation, including any cargo carried thereby, beyond the legal boundaries of a JOB SITE or a COVERED LOCATION. This exclusion does not apply to Coverage E. 26. Wage and Wage Related Payments based upon or arising out of the actual or alleged failure to pay, afford, or cause to be paid or afforded, to any person or entity, in whole or in part, any wages, earnings, compensation, merit pay, overtime pay, commissions, benefits or other remuneration, including but not. limited to any such wages or benefits actually or allegedly due under any contract or .pursuant to the Fair Labor Standards Act, the Davis -Bacon and Related Acts, Service Contract Act, Contract Work Hours and Safety Standards Act, Family Medical Leave Act, or any .jurisdiction's prevailing wage act, labor laws or similar statutes. (Page 12 of 21) PCM 60 01 (Ed. 08 15) 27. Warranties based upon or arising out of any express warranty or guarantee. This exclusion does not apply to a warranty or guarantee by the INSURED that its CONTRACTING SERVICES or PROFESSIONAL SERVICES conform to generally accepted standards. SECTION V. EXTENDED REPORTING PERIOD The provisions of Section V. apply to any and all coverage provided by this Policy, or by any endorsement issued by the Company, that applies on a Claims Made and Reported basis. This Section V. does not apply to Coverage F. A. Automatic Extended Reporting Period In the event of the termination of this insurance before the expiration date shown in Item 2. of the Declarations, the INSURED shall be entitled to a ninety (90) day Automatic Extended Reporting Period for no additional premium. The Automatic Extended Reporting Period will only apply to: 1. a CLAIM first made against the INSURED during the POLICY PERIOD and reported to the Company, in writing, during the ninety (90) days immediately following the effective date of such termination will be deemed to have been made on the last day of the POLICY PERIOD, provided such CLAIM is otherwise covered by this Policy; and 2. a CLAIM first made against the INSURED and reported to the Company, in writing, during the ninety (90) days immediately following the effective date of such termination will be deemed to have been made on the last day of the POLICY PERIOD, provided such CLAIM arises from: (a) a POLLUTION CONDITION that is first discovered and reported to the Company, in writing, prior to such termination, and otherwise covered by this Policy; or (b) an actual or alleged act, error or omission in PROFESSIONAL SERVICES performed prior to the end of the POLICY PERIOD, and that is otherwise covered by this Policy. The Automatic Extended Reporting Period does not apply where: (1) the Policy is terminated for fraud or non- payment of premium; or (2) the INSURED has purchased other insurance to replace the insurance provided under this Policy. For the purposes of Section V.A. — Automatic Extended Reporting Period, under this Policy: 1. either cancellation or non -renewal shall be deemed to be a termination of this insurance; and 2. in the event of non -renewal, the expiration date. shown in the Declarations shall be deemed the effective date of the termination. B. Optional Extended Reporting Period The FIRST NAMED INSURED shall be entitled to purchase an Optional Extended Reporting Period upon cancellation or non -renewal of the Policy, subject to the following terms and conditions: The FIRST NAMED INSURED shall be entitled to purchase an Optional Extended Reporting Period upon payment of an additional premium of not more than 200% of the full Policy Premium. The Optional Extended Reporting Period shall be effective for three (3) consecutive three -hundred and sixty-five (365) day periods commencing immediately following the effective date of cancellation or non -renewal. The FIRST NAMED INSURED must elect to purchase this Optional Extended Reporting Period, in writing, not later than thirty (30) days after expiration in the case of non -renewal or prior to cancellation in the case of cancellation. The Automatic Extended Reporting Period of ninety (90) days will be merged into this Optional Extended Reporting and is not in addition to it. The Optional Extended Reporting Period will only apply to each CLAIM first made against the INSURED during the Optional Extended Reporting Period, but only by reason of: (Page 13 of 21) PCM 60 01 (Ed. 08 15) 1. a POLLUTION CONDITION that is first discovered and reported to the Company, in writing, during the POLICY PERIOD and otherwise covered by this Policy; or 2. an actual or alleged act, error or omission in PROFESSIONAL SERVICES performed prior to the end of the POLICY PERIOD, and that is otherwise covered by this Policy. The Optional Extended Reporting Period does not apply where: (1) the Policy is terminated for fraud or non-payment of premium; or (2) the INSURED has purchased other insurance to replace the insurance provided under this Policy. For the purposes of Section V.B..— Optional Extended Reporting Period under this Policy: 1. either cancellation or non -renewal shall be deemed to be a termination of this insurance; and 2. in the event of non -renewal, the expiration date shown in the Declarations shall be deemed the effective date of the termination. It is a condition precedent to the operation of the rights granted under Section V.B. that payment of the appropriate premium shall. be made not later than thirty (30) days after expiration in the case of non -renewal or prior to cancellation in the case of cancellation. For purposes of Section V., the Company's quotation of different Limits of Liability, Self -Insured Retentions, terms or conditions shall not be construed as either a termination of, or a decision not to renew, this Policy. SECTION VI. LIMIT OF LIABILITY AND SELF -INSURED RETENTION A. The Limits of Liability and Self -Insured Retention shown in the Declarations and the rules below fix the most the Company will pay regardless of the number of INSUREDS, COVERED LOCATIONS, CONTRACTING SERVICES, PROFESSIONAL SERVICES, POLLUTION CONDITIONs, CLAIMS made, or persons or organizations making a CLAIM. B. For purposes of this Policy: (1) the same or related POLLUTION CONDITIONS at any one JOB SITE, or at any one COVERED LOCATION, shall be deemed a single POLLUTION CONDITION; and (2) all of a group or series .of related or connected actual or alleged acts, errors and omissions in PROFESSIONAL SERVICES shall be deemed a single actual or alleged act, error or omission in PROFESSIONAL SERVICES. C. This Policy will pay covered LOSS, CLEAN-UP COSTS, MITIGATION COSTS, LEGAL EXPENSE or any other coverages afforded under this Policy or any endorsements attached hereto only: (1) in excess of the applicable Self - Insured Retention Amount set forth in the Declarations; and (2) subject to the applicable Limit of Liability stated in the Declarations and the other terms and conditions of this Policy. However, if a CLAIM is made against the INSURED by an entity with whom the INSURED has, prior to such CLAIM, entered into a written contract that requires a Self -Insured Retention that is less than the Self -insured Retention Amount specified in the Declarations of this Policy, then the Self -Insured Retention applicable to such CLAIM shall be such lesser amount (hereinafter referred to as "the lesser Self -Insured Retention"). Under all such circumstances, the INSURED hereby agrees to promptly reimburse the Company for the difference between the lesser Self -insured Retention amount specified on the evidence of insurance document and the Self -insured Retention Amount specified in the Declarations to the extent the Company pays an amount on behalf of the INSURED in excess of the lesser Self - Insured Retention, D. The Self -insured Retention Amount is to be borne by the INSURED and is not to be insured unless the Company has expressed its prior consent, in writing, to the FIRST NAMED INSURED. if the same or related POLLUTION CONDITIONs or any one actual or alleged act, error or omission, or out of any one group or series of related or connected actual. or alleged acts, errors and omissions, in PROFESSIONAL SERVICES, could result in coverage under more than one coverage section for which a limit is stated in the Declarations, or under any other coverage afforded under this Policy, only the single highest Self -Insured Retention amongst such applicable coverages shall apply to that. POLLUTION CONDITION or actual or alleged act, error or omission in PROFESSIONAL SERVICES, as applicable. (Page 14 of 21) PCM 60 01 (Ed. 08 15) If, as a result of MEDIATION, a CLAIM made under Coverage A is successfully resolved, the Self -Insured Retention Amount applicable to such CLAIM will be reduced by 5n subject to a maximum reduction of $20,000. This reduced Self -Insured Retention Amount will only apply to the resolved CLAIM. E. Subject to Items H. and 1. below, the Each POLLUTION CONDITION Limit set forth in the Declarations is the most the Company will pay for the sum of a[I LOSS, CLEAN-UP COSTS, and LEGAL EXPENSE under each coverage section stated in the Declarations, or under any other coverages afforded under this Policy, arising out of the same or related POLLUTION CONDITIONS. F. Subject to Items H. and I. below, the Each Act, Error or Omission Limit set forth in the Declarations is the most the Company will pay for the sum of all LOSS and LEGAL EXPENSE under Coverages A arising out of any one actual or alleged act, error or omission, or out of any one group or series of related or connected actual or alleged acts, errors and omissions, in PROFESSIONAL SERVICES. G. Subject to Items H. and I. below, the Each Act, Error or Omission Limit stated in the Declarations is the most the Company will pay for all MITIGATION COSTS under Coverage F arising out of any one actual act, error or omission, or out of any one group or series of related or connected actual acts, errors and omissions, in PROFESSIONAL SERVICES. Further, in the event the.re is a CLAIM made against the INSURED under Coverage A: (a) that arises out of the same or related PROFESSIONAL SERVICES for which the INSURED has previously undertaken corrective measures in accordance with Coverage F, and (b) for which coverage is thereafter afforded under Coverage A of this Policy, then the INSURED's Self -Insured Retention obligation for such CLAIM shall be reduced to the extent of costs paid by the INSURED pursuant to its Self -Insured. Retention obligation for Coverage F. H. Subject to Item I. below, the Coverage Section Aggregate Limit set forth in the Declarations is the most the Company will pay for the sum of all LOSS, CLEAN-UP COSTS, MITIGATION COSTS and LEGAL EXPENSE under each coverage section stated in the Declarations, or under any other coverages afforded under this Policy. I. The Company's total liability for the sum of all LOSS,. CLEAN-UP COSTS, MITIGATION COSTS, LEGAL EXPENSE and any other coverage afforded under this Policy, shall not exceed the Policy Aggregate Limit of Liability as stated in the Declarations. J. With regard to Coverages afforded under this Policy: on a claims -made and reported basis, any LOSS, CLEAN-UP COSTS, LEGAL EXPENSE or any other coverages afforded under this Policy or any endorsements attached hereto, incurred and reported to the Company, in writing, over more than one policy period, and resulting from .the same or related POLLUTION CONDITIONs, shall be considered a single POLLUTION CONDITION. The associated LOSS, CLEAN-UP COSTS, LEGAL EXPENSE or any other coverage afforded under this Policy or any endorsements attached thereto will be subject to the same Limit of Liability and Self -Insured Retention Amount(s) as indicated in the Policy in effect at the time the POLLUTION CONDITION was first reported to the Company, in writing. 2. on an occurrence basis, progressive, indivisible BODILY INJURY, PROPERTY DAMAGE or ENVIRONMENTAL DAMAGE that occurs over more than one policy period and results from the same or related POLLUTION CONDITIONs, shall be considered to have occurred only in the policy period in which the first exposure to the POLLUTION CONDITION .takes place. If the date of that first exposure: (i) is prior to the beginning of the Policy Period of the first policy issued to the INSURED by the Company that contains coverage that is the same or substantially similar to that contained in Coverages afforded under this Policy on an occurrence basis; or (ii) cannot be determined, then such progressive, indivisible BODILY INJURY, PROPERTY DAMAGE or ENVIRONMENTAL DAMAGE shall be considered to have occurred only on the first day of the Policy Period of the first policy issued to that INSURED by the. Company that contains coverage that is the same or substantially similar to that contained in Coverages afforded under this Policy on an occurrence basis. (Page 15 of 21) PCM 60 01 (Ed. 08 15) K. Any LOSS, CLEAN-UP COSTS, MITIGATION COSTS, LEGAL EXPENSE or any other coverages afforded under this Policy, incurred and reported.to the Company, in writing, over more than one POLICY PERIOD, and resulting from the same or related POLLUTION CONDITION, or out of any one group or series of related or connected actual or alleged acts, errors and omissions in PROFESSIONAL SERVICES, shall be considered a single POLLUTION CONDITION or a single actual or alleged act, error or omission in PROFESSIONAL SERVICES, respectively. The LOSS, CLEAN-UP COSTS, LEGAL EXPENSE or any other coverage afforded under this Policy will be subject to the same Limit of Liability and Self -Insured Retention Amount(s) in effect at the time the POLLUTION CONDITION, or actual or alleged act, error or omission in PROFESSIONAL SERVICES, as applicable, was fist reported to the Company, in writing. L. The Limits of Liability set forth in Item 3. of the. Declarations are inclusive of LEGAL EXPENSE. An additional Limit for LEGAL. EXPENSE will apply to all Coverages. However, this additional Limit is: 1. subject to the Self -Insured Retention set forth in Item 3. of the Declarations; 2, exclusively for LEGAL EXPENSE; and 3, limited to the lesser of: (a) 251/a of the applicable Limits of Liability set forth in Item 3, of the Declarations; or (b) $2,000 000. In the event a CLAIM is made against the INSURED for LOSS or CLEAN-UP COSTS, or a POLLUTION CONDITION is first discovered that results in LOSS or CLEAN-UP COSTS, the additional Limit for LEGAL EXPENSE will be applied first. After the additional Limit for LEGAL EXPENSE has been fully eroded, any other covered LEGAL EXPENSE will erode the applicable Limits of Liability shown in Item 3. of the Declarations. Furthermore, the Policy Aggregate Limit of Liability set forth in Item 4. of the Declarations shall be increased by the lesser of 25% or $2,000,000, However, this increase to the Policy Aggregate Limit of Liability will only be available for the payment of LEGAL EXPENSE. SECTION VII. REPORTING, DEFENSE, SETTLEMENT AND COOPERATION A. As a condition precedent to the coverage hereunder, in the event a CLAIM is made against an INSURED for LOSS or CLEAN-UP COSTS, or a POLLUTION CONDITION is first discovered that results in a LOSS or CLEAN-UP COSTS, written or oral notice containing particulars sufficient to identify the INSURED and all reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the INSURED to the Company or any of its authorized agents as soon as practicable. In the event of oral notice, the INSURED agrees to furnish a written report as soon as practicable. The INSURED shall also forward to the Company every demand, notice, summons, order or other process received by the INSURED or the INSURED's representative as soon as practicable. B. No costs; charges or expenses shall be incurred, nor payments made, obligations assumed or remediation commenced, without the Company's consent which shall not be unreasonably withheld. This provision does not apply to: 1. EMERGENCY RESPONSE COSTS. The INSURED shall notify the Company of all EMERGENCY RESPONSE COSTS immediately after the emergency ends; and 2. Public Relations Expenses - The reasonable and necessary costs and fees incurred by the FIRST NAMED INSURED (up to a maximum of $250,000 and subject to applicable Coverage B Self -Insured Retention Amount (for each POLLUTION CONDITION) for the hiring of a public relations firm to minimize potential harm to the FIRST NAMED INSURED and to maintain and restore public confidence in the FIRST NAMED INSURED, including amounts for printing, advertising, and mailing of materials, and travel expenses by the FIRST NAMED INSURED's directors, officers, employees or agents or by employees of the public relations firm, but only if: (a) such costs and fees arise directly from a POLLUTION CONDITION: (i) that arises from covered CONTRACTING SERVICES; (ii) that first commences at a JOB, SITE during the POLICY PERIOD; and (Page:16 of 21) PCM 60 01 (Ed. 08 15) (iii) for which coverage for LOSS or CLEAN-UP COSTS is sought under this Policy; and (b) in the good -faith, reasonable opinion of the FIRST NAMED INSURED such POLLUTION CONDITION- (i) poses an imminent, significant, and material health risk to the public or will result in imminent, significant, and material property damage to the JOB SITE; and (ii) will result in. significant and material adverse publicity to the FIRST NAMED INSURED. Subject to: (a) the Company's pre -approval;. (b) the Self -Insured Retention and maximum amount indicated above; and (c) the Company's agreement that both conditions 2(a) and (b) above have been fully satisfied, the Company may also consider paying other related reasonable and necessary expenses that are. (i) incurred by any person or entity that is not an INSURED, except for contractor or subcontractor engaged by the FIRST NAMED INSURED or otherwise performing covered CONTRACTING SERVICES; and (ii) not otherwise covered as EMERGENCY RESPONSE COSTS, including: psychological counseling; temporary living expenses, travel costs, and expenses to secure areas impacted by the POLLUTION CONDITION. Notwithstanding Section V1. LIMIT OF LIABILITY AND SELF -INSURED RETENTION, Item G., the costs and fees indicated in Item 2. above, as well as the other related expenses indicated in this paragraph, will not erode the applicable Limits of Liability. It is a condition precedent to coverage for all costs and fees outlined in Item 2. above that the FIRST NAMED INSURED notify the Company of the POLLUTION CONDITION associated with such costs and fees no later than forty-eight (48) hours after the FIRST NAMED INSURED first becomes aware of such POLLUTION CONDITION. The payment of costs and fees outlined above by the Company will not be determinative of the Company's obligations under this Policy, nor will it create any inference with regard to the Company's duty to defend or duty to indemnify any INSURED with regard to any CLAIM or POLLUTION CONDITION. Under no circumstances will the Company pay for the hiring of a public relations firm to minimize the potential harm to, or to restore public confidence in, any contractor or subcontractor engaged by the FIRST NAMED INSURED or otherwise performing covered CONTRACTING SERVICES. C. The Company shall have the right to designate legal counsel for the investigation, adjustment and defense of any CLAIM. The Company shall consult with the INSURED in conjunction with the selection of counsel. The Company has the right and duty to defend an INSURED against any CLAIM for LOSS or for CLEAN-UP COSTS. However, the Company will have no duty to defend the INSURED for LOSS or for CLEAN-UP COSTS to which this Policy does not apply. D. Once the applicable Limit of Liability has been exhausted, the Company shall not be obligated to defend or continue to defend any CLAIM or pay for any LOSS, CLEAN-UP COSTS or any other coverage afforded under this Policy. E. The Company may, where allowable by law, appoint one counsel to defend all of the INSUREDS under this Policy on a joint defense basis. F. In the event that the INSURED is entitled by law to select independent counsel (Cumis Counsel) to defend the INSURED at the Company's expense, that counsel's fees and all other litigation expenses charged to or paid by the Company shall be limited to the same rates that the Company would pay to counsel selected by the Company to defend a similar CLAIM in the location where the CLAIM arose or is being defended. The Company may require that such counsel meet certain minimum qualifications and maintain adequate errors and omissions insurance. The INSURED agrees that such counsel will timely respond to the Company's request for information. G. The INSURED shall not admit liability or settle any CLAIM without the Company's consent. If the Company recommends a monetary settlement of a CLAIM acceptable to a claimant: 1. for an amount within the Self=Insured Retention Amount and the INSURED refuses such settlement, the Company shall not be liable for any LOSS, CLEAN-UP COSTS, LEGAL EXPENSE, or any other coverage afforded under this Policy or any endorsements attached hereto, in excess of the Self -insured Retention Amount; or (Page 17 of 21) PCM 60 01 (Ed. 08 15) 2. for a total amount in excess of the Self -Insured Retention Amount and within the applicable Limits of Liability and the INSURED refuses such settlement, the Company's liability for LOSS, CLEAN-UP COSTS, LEGAL EXPENSE, or any other coverage afforded under this Policy, shall be limited to that portion of the sum of. (a) the recommended settlement; and (b) the costs, charges and expenses already incurred as of the date of the INSURED's refusal, which exceeds the Self -Insured Retention Amount and is within the Limit of Liability. H. All INSUREDS shall cooperate with the Company and, upon the Company's request, shall submit to examination by a representative of the Company, under oath, and shall attend hearings, depositions, and trials and shall assist in effecting settlement, securing and. giving evidence, obtaining the attendance of witnesses and in the conduct of suits, as well as in the investigation and defense, all without charge to the Company. All INSUREDs shall further cooperate with the Company and do whatever is necessary to secure and enforce any rights of indemnity, contribution or apportionment which the INSURED may have. L If, during the POLICY PERIOD, the INSURED first becomes aware of an actual or alleged .act; error or omission in PROFESSIONAL SERVICES that first commenced on or after the Retroactive Date set forth in the Declarations, which the INSURED reasonably believes may result in a CLAIM (herein referred to as a "Circumstance"), then the INSURED may provide written notice to the Company, during the POLICY PERIOD, containing all of the information stated below. Any such Circumstance that subsequently becomes a CLAIM made against the INSURED and reported to the Company, in writing, shall be considered to have been first made and reported during the POLICY PERIOD and shall be subject to all of the terms and conditions of this Policy. It is a condition precedent to the coverage under this provision that such written notice to the Company of a Circumstance contain all of the following information: 1. details of the actual or alleged act, error or omission in PROFESSIONAL SERVICES, including the specific PROFESSIONAL SERVICES involved; and 2, the injury or damage that has taken place or may result; and 3. the date the actual or alleged act, error or omission in PROFESSIONAL SERVICES took place; and 4. the identity of the INSURED(s) who may be the subject of any subsequent CLAIM; and 5. the likely location of any subsequent CLAIM; and 6. the names. and addresses of all known potential witnesses and claimants; and 7. details of how the INSURED became aware of the Circumstance. The Company shall determine; in its sole discretion, whether an INSURED's written notice adequately supplies the information described in items 1, through '7. and satisfies the condition precedent. This provision 1. applies only to Coverage A. SECTION Vlll. TRANSFER OF LEGAL DEFENSE DUTIES A. if the Company believes that any of the applicable Limits of Liability stated in the Declarations has been or soon will be exhausted in defending a CLAIM, or that the Company has paid out or will soon pay out the Policy Aggregate Limit of Liability stated in the Declarations, the Company will so notify the FIRST NAMED INSURED, in writing, as soon as possible. The Company will advise that its duty to defend any CLAIM seeking damages subject to those limits has terminated, subject to payment of the limits, and that it will no longer handle the defense of any CLAIM for which notice is given after the date it sends out such notice. The Company will take prompt and appropriate steps to transfer control of any existing defense prior to exhaustion of the limits to the FIRST NAMED INSURED. The FIRST NAMED INSURED agrees to reimburse the Company for any costs which the Company bears in connection with the transfer of the defense. B. The Company will take appropriate steps necessary to defend the CLAIM during the transfer of the defense and avoid any unfavorable legal action provided that the INSURED cooperates in the transfer of the duties of the defense. (Page 18 of 21) PCM 60 01 (Ed. 08 15) C. The Company's failure to comply with any of the provisions of Section Vlll. shall in no way obligate the Company to defend or continue to defend any CLAIM, or to pay any LOSS, CLEAN-UP COSTS or other sum covered under this Policy, after exhaustion of an applicable limit of Liability. SECTION IX. CONDITIONS A. ACTION AGAINST COMPANY - No action brought by an organization or entity, other than an INSURED, shall lie against the Company unless, as a condition precedent thereto, the INSURED has fully complied with all of the terms of this Policy and, the amount of the INSURED's obligation to pay shall have been finally determined either by judgment against the INSURED after actual trial or by written agreement of the INSURED, the claimant and the Company. Any person, organization, entity, or the legal representative thereof, who has secured such judgment or written agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by this Policy. No person or organization shall have any right under this Policy to join the Company as a party to any action against the INSURED to determine the INSURED's liability, nor shall the Company be impleaded by the INSURED or its legal representative. B. ASSIGNMENT - This Policy shall be void as to the assignee or transferee, if assigned or transferred without written consent of the Company. C. BANKRUPTCY - Bankruptcy or insolvency of the INSURED or of the INSURED's estate shall not relieve the Company of any of its obligations hereunder. D. CANCELLATION - This Policy may be cancelled by the FIRST NAMED INSURED by surrender thereof to the Company or any of its authorized agents or by mailing, delivering, emailing, or faxing to the Company written notice stating when thereafter the cancellation shall be effective. In the event of cancellation by the FIRST NAMED INSURED, the return premium shall be computed in accordance with the customary short rate table and procedure after applying the minimum earned premium percentage stated in the Declarations. If a CLAIM is made, a POLLUTION CONDITION is discovered or coverage is otherwise afforded under this Policy, then the premium shall be considered fully earned by the Company and the INSURED is not entitled to a return premium upon cancellation. This Policy may be cancelled by the Company by mailing, delivering, emailing, or faxing to the FIRST NAMED INSURED at the address shown in the Declarations, written notice stating when not less than ninety (90) days (ten (10) days for non-payment of premium) thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the POLICY PERIOD. If the Company cancels, earned premium shall be computed pro rats. Premium adjustment may be made either at the time cancellation is affected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. This Policy may be cancelled by the Company for the following reasons: (1) Nan -payment of premium, or (2) Fraud or material misrepresentation on the part of the INSURED, such as can be proven in a court of law. E. CHANGES - Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Policy or estop the Company from asserting any right under the terms of this Policy. The terms of this Policy cannot be waived or changed, except by an endorsement issued by the Company to form a part of this Policy. F. CHOICE OF LAW - All matters arising hereunder, including questions related to the validity, interpretation, performance and enforcement of this Policy, shall be determined in accordance with the law and practice of the State of New York (not including New York's choice of law rules). G. CONSENT -Where the consent of the Company or the INSURED is required under this Policy, such consent shall not be unreasonably withheld, delayed, conditioned, or denied. (Page 19 of 21) PCM 60 01 (Ed. 08 15) H. DECLARATIONS AND REPRESENTATIONS - By acceptance of this Policy, the INSURED agrees that the statements contained in the Declarations, the application and any other supplemental materials and information submitted in connection with the application or any amendments to the Policy during the POLICY PERIOD are the INSURED's declarations and representations, that they shall be deemed material, that this Policy is issued in reliance upon the truth of such declarations and representations and that this Policy embodies all agreements existing between the INSURED and the Company or any of its agents relating to this insurance. I. HEADINGS - The descriptions in the headings of this Policy are solely for convenience and form no part of the Policy terms and conditions. J. INSPECTION AND AUDIT - The Company shall be permitted, but not obligated, to inspect and monitor on a continuing basis the INSURED's property or operations and any .JOB SITE and COVERED LOCATION, at any time. Neither the Company's right to make inspections and monitor, nor the actual undertaking thereof, nor any report. thereon, shall constitute an undertaking, on behalf of the INSURED or others, to determine or warrant that property or operations are safe, healthful or conform to acceptable engineering practice or are in compliance with any law, rule or regulation. Access for the inspection and audit will be coordinated through the broker or agent of the FIRST NAMED INSURED. K. JURISDICTION AND VENUE - It is agreed that in the event of the failure of the Company to pay any amount claimed to. be due hereunder, the Company and the INSURED will submit to the jurisdiction of the State of New York and will comply with all the requirements necessary to give such court jurisdiction. Nothing in this clause constitutes or should be understood to constitute a waiver of the Company's right to remove an action to a United States District Court. L. MINIMUM EARNED PREMIUM - Upon cancellation of this Policy, earned premium will be calculated using the appropriate pro-rata or short -rate method as outlined in Section IX. CONDITIONS, Item D. CANCELLATION. The amount of premium earned under this Policy will be the greater of: 1. the calculated pro-rata or short rate premium; or 2. the Minimum Earned Premium percentage set forth in Item 10. of the Declarations. M. MITIGATION PLAN - It is a condition precedent to any coverage being afforded under Coverage A of this Policy for any CLAIM because of an act, error or omission in PROFFESIONAL SERVICES for which the Company has previously afforded coverage to an INSURED under Coverage F, that the INSURED fully implement the written plan for correcting the purported act, error or omission as approved by the Company. N. OTHER INSURANCE - Subject to Section VI. Limit of Liability and Self -Insured Retention, this insurance shall apply only in excess of the sum of the Self -Insured Retention amount stated in the Declarations and the applicable limits of any other valid and collectible insurance available to the INSURED, whether such other insurance is stated to be .primary, pro rata, contributory, excess, contingent or otherwise, unless such other insurance is written only as specific excess insurance over the applicable Limits of Liability of this Policy. O. SEVERABILITY - Except with respect to the Limits of Liability; Self -Insured Retention, Exclusion 9. ("Insured vs. Insured") and any rights and duties assigned in this Policy to the. FIRST NAMED INSURED, this insurance applies as if each INSURED were the only INSURED and separately to each INSURED against whom a CLAIM is made. Any misrepresentation, act or omission that is in violation of a term:, duty or -condition under this Policy by one INSURED shall not by itself affect coverage for another INSURED under this Policy. This Condition 0. shall not apply to an INSURED who is a parent, subsidiary or affiliate of the INSURED which committed the misrepresentation, act or omission referenced above. P. SOLE AGENT - The FIRST NAMED INSURED stated in the Declarations shall act on behalf of all INSUREDS for the payment or return of premium, receipt and acceptance of any endorsement. issued to form a part of this Policy, giving and receiving notice of cancellation or non -renewal, and the exercise of the rights provided under Section V., EXTENDED REPORTING PERIOD. (Page 20 of 21) PCM 60 01 (Ed. 08 15) Q. SUBROGATION - If the INSURED has rights to recover, from another person or organization, all or any part of a payment the Company makes under this Policy, those rights are transferred to the Company. The INSURED shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The INSURED shall do nothing to prejudice such rights. Any monies recovered as a result of subrogation proceedings shall accrue first to the .INSURED to the extent of any payments it made in excess of the limits of liability, then to the Company to the extent of its payment underthe Policy, and then to the INSURED to the extent of its payment of the self -insured retention. Expenses incurred in such subrogation proceedings shall be apportioned amongst the INSURED and Company in the proportion that each interested party's share in the recovery bears to the total recovery. However, the Company specifically waives any rights of recovery against any person or.organization as required in a written contract that was fully executed prior to the commencement of the applicable CONTRACTING SERVICES or PROFESSIONAL SERVICES. (Page 21 of 21 ) 1,en,xvasmutuar WORKERS' COMPENSATION INSURANCE WORKERS` COMPENSATION AND EMPLOYERS LIABILITY POLICY WC420304B Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1, () Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver, 2. Operations: ALL TEXAS OPERATIONS 3, Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4, Advance Premium° Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below, (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 7131l19 at 12 01 a.m. standard time, forms a part of; Policy no. 0001120054 of Texas Mutual Insurance Company effective on 7/31119 Issuedto., NORTH TEXAS CONTRACTING INC This is not a bill NCCI Carrier Code; 29939 Authorized representative P© Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual,com i (800) 859-59951 Fax (800) 359-0550 Mlii WC 42 03 04 B TexasMut�� WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND �2 �6 Q,� EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page, In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule, This endorsement shall not operate directly or indirectly to benefit.anyone not named in the Schedule. 1. Number of days advance notice; 2. Notice will be mailed to: Schedule 9C PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy,) This endorsement, effective on 7131/19 at 12:01 a.m. standard time, forms a part of: Policy no. 0001120054 of Texas Mutual Insurance Company effective on 7131/19 Issued to: NORTH TEXAS CONTRACTING INC This is not a bill NCCI Carrier Code: 29939 Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com ! (800) 859-5995 i Fax (800) 359-0650 71811 n WC 42 06 01 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1  1.01 Defined Terms ............................................................................................................................... 1  1.02 Terminology .................................................................................................................................. 5  Article 2 – Preliminary Matters ......................................................................................................................... 6  2.01 Before Starting Construction ........................................................................................................ 6  2.02 Preconstruction Conference .......................................................................................................... 6  2.03 Public Meeting .............................................................................................................................. 6  Article 3 – Contract Documents and Amending ............................................................................................... 6  3.01 Reference Standards ..................................................................................................................... 6  3.02 Amending and Supplementing Contract Documents .................................................................. 6  Article 4 – Bonds and Insurance ....................................................................................................................... 7  4.01 Licensed Sureties and Insurers ..................................................................................................... 7  4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7  4.03 Certificates of Insurance ............................................................................................................... 7  4.04 Contractor’s Insurance .................................................................................................................. 9  4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12  Article 5 – Contractor’s Responsibilities ........................................................................................................ 12  5.01 Supervision and Superintendent ................................................................................................. 12  5.02 Labor; Working Hours ................................................................................................................ 13  5.03 Services, Materials, and Equipment ........................................................................................... 13  5.04 Project Schedule .......................................................................................................................... 14  5.05 Substitutes and “Or-Equals” ....................................................................................................... 14  5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16  5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16  5.08 Wage Rates.................................................................................................................................. 18  5.09 Patent Fees and Royalties ........................................................................................................... 19  5.10 Laws and Regulations ................................................................................................................. 19  5.11 Use of Site and Other Areas ....................................................................................................... 19  5.12 Record Documents ...................................................................................................................... 20  5.13 Safety and Protection .................................................................................................................. 21  5.14 Safety Representative ................................................................................................................. 21  5.15 Hazard Communication Programs ............................................................................................. 22  5.16 Submittals .................................................................................................................................... 22  5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23  CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24  5.19 Delegation of Professional Design Services .............................................................................. 24  5.20 Right to Audit: ............................................................................................................................ 25  5.21 Nondiscrimination....................................................................................................................... 25  Article 6 – Other Work at the Site ................................................................................................................... 26  6.01 Related Work at Site ................................................................................................................... 26  Article 7 – City’s Responsibilities................................................................................................................... 26  7.01 Inspections, Tests, and Approvals .............................................................................................. 26  7.02 Limitations on City’s Responsibilities ....................................................................................... 26  7.03 Compliance with Safety Program ............................................................................................... 27  Article 8 – City’s Observation Status During Construction ........................................................................... 27  8.01 City’s Project Representative ..................................................................................................... 27  8.02 Authorized Variations in Work .................................................................................................. 27  8.03 Rejecting Defective Work .......................................................................................................... 27  8.04 Determinations for Work Performed .......................................................................................... 28  Article 9 – Changes in the Work ..................................................................................................................... 28  9.01 Authorized Changes in the Work ............................................................................................... 28  9.02 Notification to Surety .................................................................................................................. 28  Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28  10.01 Change of Contract Price ............................................................................................................ 28  10.02 Change of Contract Time............................................................................................................ 28  10.03 Delays .......................................................................................................................................... 28  Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29  11.01 Notice of Defects ........................................................................................................................ 29  11.02 Access to Work ........................................................................................................................... 29  11.03 Tests and Inspections .................................................................................................................. 29  11.04 Uncovering Work ....................................................................................................................... 30  11.05 City May Stop the Work ............................................................................................................. 30  11.06 Correction or Removal of Defective Work ................................................................................ 30  11.07 Correction Period ........................................................................................................................ 30  11.08 City May Correct Defective Work ............................................................................................. 31  Article 12 – Completion .................................................................................................................................. 32  12.01 Contractor’s Warranty of Title ................................................................................................... 32  12.02 Partial Utilization ........................................................................................................................ 32  12.03 Final Inspection ........................................................................................................................... 32  12.04 Final Acceptance ......................................................................................................................... 33  Article 13 – Suspension of Work .................................................................................................................... 33  13.01 City May Suspend Work ............................................................................................................ 33  Article 14 – Miscellaneous .............................................................................................................................. 34  14.01 Giving Notice .............................................................................................................................. 34  CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34  14.03 Cumulative Remedies ................................................................................................................. 34  14.04 Survival of Obligations ............................................................................................................... 35  14.05 Headings ...................................................................................................................................... 35  00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. DIVISION 01 GENERAL REQUIREMENTS 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project #102189 Revised December 20, 2012 SECTION 01 11 00 SUMMARY OF WORK PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project #102189 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project #102189 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or-equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 4. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer’s opinion, acceptance will require substantial revision of the original design d. In the City’s or Developer’s opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor’s work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material l. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City’s representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 SECTION 01 33 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) “By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City’s Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City’s Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor’s risk if not marked b. Submittals for each item will be reviewed no more than twice at the City’s expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative’s then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City’s discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August, 30, 2013 SECTION 01 35 13 SPECIAL PROJECT PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedures for special project circumstances that includes, but is not limited to: a. Coordination with the Texas Department of Transportation b. Work near High Voltage Lines c. Confined Space Entry Program d. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. f. Water Department Notification g. Public Notification Prior to Beginning Construction h. Coordination with United States Army Corps of Engineers i. Coordination within Railroad permits areas j. Dust Control k. Employee Parking B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 33 12 25 – Connection to Existing Water Mains 1.2 REFERENCES A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction Specification 1.3 ADMINISTRATIVE REQUIREMENTS A. Coordination with the Texas Department of Transportation 1. When work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (TxDOT): a. Notify the Texas Department of Transportation prior to commencing any work therein in accordance with the provisions of the permit 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage-type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA’s Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 01 31 13 E. Water Department Coordination 1. During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing City water line system with the City’s representative. a. Coordination shall be in accordance with Section 33 12 25. b. If needed, obtain a hydrant water meter from the Water Department for use during the life of named project. c. In the event that a water valve on an existing live system be turned off and on to accommodate the construction of the project is required, coordinate this activity through the appropriate City representative. 1) Do not operate water line valves of existing water system. a) Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law. b) In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. F. Public Notification Prior to Beginning Construction 1. Prior to beginning construction on any block in the project, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: a. Post notice or flyer 7 days prior to beginning any construction activity on each block in the project area. 1) Prepare flyer on the Contractor’s letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project (i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor’s foreman and phone number f) Name of the City’s inspector and phone number g) City’s after-hours phone number 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit A. 3) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 4) Deliver flyer to the City Inspector for review prior to distribution. b. No construction will be allowed to begin on any block until the flyer is delivered to all residents of the block. G. Public Notification of Temporary Water Service Interruption during Construction 1. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor’s letterhead and include the following information: 1) Name of the project 2) City Project Number 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August, 30, 2013 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor’s foreman and phone number 6) Name of the City’s inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. H. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. I. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad’s requirements. J. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. K. Employee Parking 1. Provide parking for employees at locations approved by the City. 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.6 CLOSEOUT SUBMITTALS [NOT USED] 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.8 QUALITY ASSURANCE [NOT USED] 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.10 FIELD [SITE] CONDITIONS [NOT USED] 1.11 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August, 30, 2013 EXHIBIT A (To be printed on Contractor’s Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August, 30, 2013 EXHIBIT B 01 45 23 - 1 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another form of distribution approved by the City. 01 45 23 - 2 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised August 30, 2013 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised JULY 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised July 1, 2011 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 34 71 13 – Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 2) Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised July 1, 2011 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised July 1, 2011 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised July 1, 2011 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 60 00 - 1 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is located on Buzzsaw as follows: 1. Resources\02 - Construction Documents\Standard Products List B. Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. D. Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. E. See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 01 60 00 - 2 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 SECTION 01 70 00 MOBILIZATION AND REMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor’s operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor’s personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor’s operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor’s operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor’s operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Specified Remobilization” in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 3. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Emergency Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 SECTION 01 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City’s Project Representative. 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor’s Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer’s printed data, or neatly typewritten 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH Northlink - 24” Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102189 Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application GEOTECHNICAL REPORT GEOTECHNICAL ENGINEERING REPORT ALLIANCE 156 - BUILDINGS A & B FORT WORTH, TEXAS TEXAS ENGINEERING FIRM REGISTRATION NO. F-17076 GEOTECHNICAL ENGINEERING REPORT Alliance 156 - Buildings A & B Fort Worth, Texas Prepared by: Gorrondona Engineering Services, Inc. Prepared for: Hines Acquisitions, LLC 609 Main Street, Suite 4400 Houston, Texas 77002 Attention: Mr. Bradley A. Davis February 25, 2019 GES Project No. 18-0693 Geotechnical Engineering • Construction Materials Testing & Inspection 4641 Kennedy Commerce Drive• Houston, Texas 77032 • 281.469.3347 • Fax 281.469.3594 Texas Engineering Firm Registration No. F-17076 February 25, 2019 Mr. Bradley A. Davis Hines Acquisitions, LLC 609 Main Street, Suite 4400 Houston, TX 77002 Re: GEOTECHNICAL ENGINEERING REPORT Alliance 156 - Buildings A & B Fort Worth, Texas GES Project No. 18-0693 Dear Mr. Davis: Gorrondona Engineering Services, Inc. (GES) is pleased to submit this Geotechnical Engineering Report for the referenced project. We appreciate the opportunity of working with you. Please contact us if you have any questions or require additional services. Respectfully submitted, Tom Anderson, E.I.T. Project Engineer Hamed Ardalan, Ph.D., P.E. Senior Project Engineer TABLE OF CONTENTS Page 1.0 Introduction .................................................................................................................... 1 2.0 Field Investigation ........................................................................................................... 2 3.0 Laboratory Testing .......................................................................................................... 3 4.0 Site Conditions ................................................................................................................ 4 4.1 General ........................................................................................................................ 4 4.2 Geology ....................................................................................................................... 5 4.3 Soil/Rock ...................................................................................................................... 5 4.4 Groundwater ............................................................................................................... 7 5.0 Analysis and Recommendations ..................................................................................... 8 5.1 Seismic Site Classification ........................................................................................... 8 5.2 Potential Vertical Soil Movements .............................................................................. 8 5.3 Construction Excavations ............................................................................................ 9 5.4 Groundwater Control ................................................................................................ 10 5.5 Earthwork .................................................................................................................. 10 5.5.1 Site Preparation ................................................................................................. 10 5.5.2 Proofroll ............................................................................................................. 10 5.5.3 Grading and Drainage ........................................................................................ 10 5.5.4 Wet Weather/Soft Subgrade ............................................................................. 11 5.5.5 Fill ....................................................................................................................... 11 5.5.6 Testing ................................................................................................................ 12 5.6 Demolition Considerations ....................................................................................... 13 5.7 Loading on Buried Structures .................................................................................... 13 5.8 Retaining Structures .................................................................................................. 14 5.9 Buried Pipe ................................................................................................................ 15 5.10 Foundation System ................................................................................................... 16 5.10.1 Straight Shaft Drilled Piers ................................................................................. 16 5.11 Slab-on-Grade ........................................................................................................... 19 5.12 Pavement .................................................................................................................. 21 5.12.1 Rigid Pavement .................................................................................................. 21 5.12.2 Pavement Subgrade ........................................................................................... 22 6.0 General Comments ....................................................................................................... 22 APPENDICES Appendix A - Project Location Diagrams Appendix B - Boring Location Diagram Appendix C - Boring Logs and Laboratory Results Appendix D - Aerial Photographs Appendix E - USGS Topographic Map Appendix F - Site Photographs Appendix G - Geologic Information Appendix H - Unified Soil Classification System GES Project No. 18-0693 Page 1 GEOTECHNICAL ENGINEERING REPORT Alliance 156 - Buildings A & B Fort Worth, Texas 1.0 INTRODUCTION Project Location. The project is located on the north side of FM 156, approximately 0.42 miles northwest of its intersection with Old Blue Mound Road, in Fort Worth, Texas. The general location and orientation of the site are provided in Appendix A - Project Location Diagrams. Project Description. The project consists of two proposed office/warehouse buildings (approximate footprints Building A = 754,313 SF and Building B = 263,200 SF), truck court, and parking and drive areas. Project Authorization. This geotechnical investigation was authorized by Mr. Bradley A. Davis with Hines Acquisitions, LLC and performed in accordance with GES Proposal No. P18-0968 dated November 21, 2018. Purpose and Methodology. The principal purposes of this investigation were to evaluate the general soil conditions at the proposed site and to develop geotechnical engineering design recommendations. To accomplish its intended purposes, the study was conducted in the following phases: (1) drill sample borings to evaluate the soil conditions at the boring locations and to obtain soil samples; (2) conduct laboratory tests on selected samples recovered from the borings to establish the pertinent engineering characteristics of the soils; and (3) perform engineering analyses, using field and laboratory data, to develop design criteria. Cautionary Statement Regarding Use of this Report. As with any geotechnical engineering report, this report presents technical information and provides detailed technical recommendations for civil and structural engineering design and construction purposes. GES, by necessity, has assumed the user of this document possesses the technical acumen to understand and properly utilize information and recommendations provided herein. GES strives to be clear in its presentation and, like the user, does not want potentially detrimental misinterpretation or misunderstanding of this report. Therefore, we encourage any user of this report with questions regarding its content to contact GES for clarification. Clarification will be provided verbally and/or issued by GES in the form of a report addendum, as appropriate. Report Specificity. This report was prepared to meet the specific needs of the client for the specific project identified. Recommendations contained herein should not be applied to any other project at this site by the client or anyone else without the explicit approval of GES. GES Project No. 18-0693 Page 2 2.0 FIELD INVESTIGATION Subsurface Investigation. The subsurface investigation for this project is summarized below. Boring locations are provided in Appendix B - Boring Location Diagram. Boring Nos. Depth, feet bgs1 Date Drilled Location2 PB-01 to PB-03 14 to 30 9/25/2018 In Proposed Building A Area B-01 to B-13 15 to 25 1/29 – 31/2019 PB-04 and PB-05 15 to 17.5 9/26/2018 In Proposed Building B Area B-14 to B-18 20 to 25 1/28 – 29/2019 Notes: 1. bgs = below ground surface 2. Boring locations provided in Appendix B - Boring Location Diagram were not surveyed and should be considered approximate. Borings were located by recreational hand-held GPS unit. Horizontal accuracy of such units is typically on the order of 20-feet. Boring Logs. Subsurface conditions were defined using the sample borings. Boring logs generated during this study are included in Appendix C - Boring Logs and Laboratory Results. Borings were advanced between sample intervals using continuous flight auger drilling procedures. Cohesive Soil Sampling. Cohesive soil samples were generally obtained using Shelby tube samplers in general accordance with American Society for Testing and Materials (ASTM) D1587. The Shelby tube sampler consists of a thin-walled steel tube with a sharp cutting edge connected to a head equipped with a ball valve threaded for rod connection. The tube is pushed into the undisturbed soils by the hydraulic pulldown of the drilling rig. The soil specimens were extruded from the tube in the field, logged, tested for consistency using a hand penetrometer, sealed and packaged to maintain "in situ" moisture content. Consistency of Cohesive Soils. The consistency of cohesive soil samples was evaluated in the field using a calibrated hand penetrometer. In this test a 0.25-inch diameter piston is pushed into the undisturbed sample at a constant rate to a depth of 0.25-inch. The results of these tests are tabulated at the respective sample depths on the boring logs. When the capacity of the penetrometer is exceeded, the value is tabulated as 4.5+. Granular Soil Sampling. Granular soil samples were generally obtained using split-barrel sampling procedures in general accordance with ASTM D1586. In the split-barrel procedure, a disturbed sample is obtained in a standard 2-inch outside diameter (OD) split barrel sampling spoon driven 18-inches into the ground using a 140-pound (lb) hammer falling freely 30 inches. The number of blows for the last 12-inches of a standard 18-inch penetration is recorded as the Standard Penetration Test resistance (N-value). The N-values are recorded on the boring logs at the depth of sampling. Samples were sealed and returned to our laboratory for further examination and testing. GES Project No. 18-0693 Page 3 Rock Coring. Rock cores were generally obtained using core barrel sampling procedures in general accordance with ASTM D2113. In the core barrel procedure, a sample is obtained using a rotating hollow steel tube equipped with a coring bit. Texas Cone Penetration (TCP). Texas Cone Penetrometer tests were used to assess the apparent in-place strength characteristics of the rock type materials. In the TCP test procedure, a 3-inch outside diameter (OD) steel cone is driven by a 170-pound hammer dropped 24 inches (340 ft.-pounds of energy). The number of blows of the hammer required to provide 12 inches of penetration, or the inches of penetration of the cone measured at 100 blows of the hammer (whichever occurs first) are recorded on the field logs (reference: TxDOT, Bridge Design Manual). Groundwater Observations. Groundwater observations are shown on the boring logs. Borehole Plugging. Upon completion of the borings, the boreholes were backfilled from the top and plugged at the surface. 3.0 LABORATORY TESTING GES performs visual classification and any of a number of laboratory tests, as appropriate, to define pertinent engineering characteristics of the soils encountered. Tests are performed in general accordance with ASTM or other standards and the results included at the respective sample depths on the boring logs or separately tabulated, as appropriate, and included in Appendix C - Boring Logs and Laboratory Results. Laboratory tests and procedures routinely utilized, as appropriate, for geotechnical investigations are tabulated below. Test Procedure Description ASTM D421 Standard Practice for Dry Preparation of Soil Samples for Particle-Size Analysis and Determination of Soil Constants ASTM D422 Standard Test Method for Particle-Size Analysis of Soils ASTM D698 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort ASTM D1140 Standard Test Methods for Amount of Material in Soils Finer than the No. 200 (75-μm) Sieve ASTM D1557 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort ASTM D1883 Standard Test Method for CBR (California Bearing Ratio) of Laboratory-Compacted Soils ASTM D2166 Standard Test Method for Unconfined Compressive Strength of Cohesive Soil ASTM D2216 Standard Test Method for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass ASTM D2217 Standard Practice for Wet Preparation of Soil Samples for Particle-Size Analysis and Determination of Soil Constants ASTM D2434 Standard Test Method for Permeability of Granular Soils (Constant Head) ASTM D2435 Standard Test Methods for One-Dimensional Consolidation Properties of Soils Using GES Project No. 18-0693 Page 4 Test Procedure Description Incremental Loading ASTM D2487 Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System) ASTM D2488 Standard Practice for Description and Identification of Soils (Visual-Manual Procedure) ASTM D2850 Standard Test Method for Unconsolidated-Undrained Triaxial Compression Test on Cohesive Soil ASTM D2937 Standard Test Method for Density of Soil in Place by the Drive-Cylinder Method ASTM D4220 Standard Practices for Preserving and Transporting Soil Samples ASTM D4318 Standard Test Methods for Liquid Limit, Plastic Limit and Plasticity Index of Soils ASTM D4546 Standard Test Methods for One-Dimensional Swell or Settlement Potential of Cohesive Soils ASTM D4643 Standard Test Method for Determination of Water (Moisture) Content of Soil by the Microwave Oven Method ASTM D4644 Standard Test Method for Slake Durability of Shales and Similar Weak Rocks ASTM D4647 Standard Test Method for Identification and Classification of Dispersive Clay Soils by the Pinhole Test ASTM D4718 Standard Practice for Correction of Unit Weight and Water Content for Soils Containing Oversize Particles ASTM D4767 Standard Method for Consolidated Undrained Triaxial Compression Test for Cohesive Soils ASTM D4972 Standard Test method for pH of Soils Manufacturer's Instructions Soil Strength Determination Using a Torvane Tex-145-E Determining Sulfate Content in Soils - Colorimetric Method 4.0 SITE CONDITIONS 4.1 General Review of Aerial Photographs. Historical aerial photographs of the site were reviewed for potential past alterations to the site which could impact geotechnical design conditions. Specifically, aerial photographs were reviewed to visually assess obvious areas of significant past fill on site. Aerial photographs reviewed for this study are identified below and are included in Appendix D - Aerial Photographs. GES Project No. 18-0693 Page 5 Aerial Photographs Reviewed Year Observations Since Prior Aerial Photograph 1995 Site was undeveloped. A creek traversing across the site was noted. Potential surficial disturbance at the northwest portion of the site was noted. 2001 A powerline corridor traversing the north site of the site was noted. 2003 A dirt road and an unknown structure were noted in the northern portion of the site. 2008 No visible changes. 2011 No visible changes. 2014 No visible changes. 2018 No visible changes. Site Fills. Our review revealed no obvious areas of significant fill on-site. Limitations. Due to the intermittent nature and relatively low resolution of aerial photographs, as well as our lack of detailed information regarding the past land use of the site, our review should not be interpreted as eliminating the possibility of cuts and/or fills on site which could detrimentally affect future construction. Topography. A United States Geological Survey (USGS) topographic map of the site is provided in Appendix E - USGS Topographic Map. The map indicates the site slopes gently to the southeast. Site Photographs. Photographs representative of the site at the time of this investigation are provided in Appendix F - Site Photographs. Photographed conditions are consistent with the aerial photographs and topographic map. 4.2 Geology Geologic Formation. This site is located within the Fort Worth Limestone and Duck Creek formation near a mapped contact with the Papaw Formation, Weno Limestone and Denton Clay. A geologic atlas and USGS formation description are provided in Appendix G - Geologic Information. The Fort Worth Limestone and Duck Creek formation consists of predominantly limestone and clay. The undivided Pawpaw/Weno/Denton Clay generally consists of limestone, clay shale, and/or shale. Residual soils with Pawpaw/Weno/Denton Clay generally consist of highly plastic clays and shaley clays. Geologic Faults. A geologic fault study was beyond the scope of this investigation. 4.3 Soil/Rock Stratigraphy. Descriptions of the various strata and their approximate depths and thickness per the Unified Soil Classification System (USCS) are provided on the boring logs included in GES Project No. 18-0693 Page 6 Appendix C - Boring Logs and Laboratory Results. Terms and symbols used in the USCS are presented in Appendix H - Unified Soil Classification System. A brief summary of the stratigraphy indicated by the borings is provided below. Generalized Subsurface Conditions at Proposed Building A Location (Borings B-01 to B-13 and PB-01 to PB-03) Nominal Depth, feet bgs (Except as Noted) General Description Detailed Description of Soils/Materials Encountered Top of Layer Bottom of Layer 0 10 to 20 FAT CLAY, LEAN CLAY AND SOME CLAYEY SAND Soft to hard FAT CLAY (CH) / FAT CLAY WITH SAND (CH), stiff to hard SANDY LEAN CLAY (CL) / LEAN CLAY (CL) and stiff to very stiff CLAYEY SAND (SC). 10 to 20 15 to 25 WEATHERED LIMESTONE AND SHALE Tan WEATHERED LIMESTONE and Gray SHALE. Note: Boring Termination Depth = 15 to 25 feet bgs. Generalized Subsurface Conditions at Proposed Building B Location (Borings B-14 to B-18, PB-04 and PB-05) Nominal Depth, feet bgs (Except as Noted) General Description Detailed Description of Soils/Materials Encountered Top of Layer Bottom of Layer 0 14 to 20 LEAN CLAY, FAT CLAY AND SHALEY FAT CLAY Soft to hard FAT CLAY (CH) / FAT CLAY WITH SAND (CH), hard SHALEY FAT CLAY and hard SANDY LEAN CLAY (CL) / LEAN CLAY WITH SAND. 14 to 20 20 to 25 WEATHERED LIMESTONE AND SHALE Tan WEATHERED LIMESTONE and Gray SHALE. Note: Boring Termination Depth = 15 to 25 feet bgs. Swell Potential based on Atterberg Limits. Atterberg (plastic and liquid) limits were performed on 23 shallow soil samples obtained at depths between 0- and 10-feet bgs. The plasticity index of the samples was between 13 and 55 with an average of 35 indicating that the soils have a high potential for shrinking and swelling with changes in soil moisture content. Swell Tests. Swell tests were performed on selected clay soil samples. Swell test details are provided in Appendix C - Boring Logs and Laboratory Results. The results of the tests are summarized below. GES Project No. 18-0693 Page 7 Boring No. Avg. Depth (ft.) Moisture Content, w, % Liquid Limit, LL Plasticity Index, PI Applied Overburden Stress (psi) Swell (%) B-01 7 14 34 20 6.7 0.00 B-02 7 32 - - 6.7 0.04 B-04 3 23 - - 2.6 0.06 B-05 7 16 37 22 6.7 0.14 B-06 3 10 62 42 2.6 0.08 B-07 5 15 42 28 4.7 0.00 B-08 3 26 64 42 2.6 0.05 B-09 7 17 34 19 6.7 2.29 B-10 7 15 - - 6.7 0.00 B-11 1 30 77 53 0.8 0.93 B-12 5 24 69 46 4.7 0.46 B-13 3 28 - - 2.6 0.06 B-14 5 27 58 33 4.7 0.31 B-14 9 17 - - 6.7 0.00 B-15 5 20 - - 4.7 0.66 B-16 7 22 44 24 6.7 0.00 PB-01 3 31 75 55 2.6 0.39 PB-03 7 25 57 39 6.7 1.08 PB-04 5 17 67 50 4.7 4.11 Note: ‘-‘; Test not performed 4.4 Groundwater Groundwater Levels. The borings were advanced using auger drilling and intermittent sampling methods in order to observe groundwater seepage levels. Groundwater levels encountered in the borings during this investigation are identified below. Boring No. Depth Groundwater Initially Encountered (feet, bgs) Groundwater Depth after 15 Minutes (feet, bgs) Groundwater Depth after 24 hours (feet,bgs) B-09 12.0 7.4 5.0 B-10 10.0 7.1 5.3 B-11 8.5 7.5 6.3 B-14 12.0 7.3 6.0 B-15 12.0 7.6 6.2 B-16 11.0 7.1 5.0 B-17 12.0 7.5 6.4 B-18 11.0 7.2 5.0 All other borings Not Encountered Not Encountered Not Encountered Long-term Groundwater Monitoring. Long-term monitoring of groundwater conditions via piezometers was not performed during this investigation and was beyond the scope of this study. Long-term monitoring can reveal groundwater levels materially different than those encountered during measurements taken while drilling the borings. GES Project No. 18-0693 Page 8 Groundwater Fluctuations. Future construction activities may alter the surface and subsurface drainage characteristics of this site. It is difficult to accurately predict the magnitude of subsurface water fluctuations that might occur based upon short-term observations. The groundwater level should be expected to fluctuate throughout the years with variations in precipitation. 5.0 ANALYSIS AND RECOMMENDATIONS 5.1 Seismic Site Classification The seismic site classification is based on the 2015 International Building Code (IBC) and is a classification of the site based on the type of soils encountered at the site and their engineering properties. Per Table 20.3-1 of ASCE 7-10, the seismic site classification for this site is C. 5.2 Potential Vertical Soil Movements TxDOT Method Tex-124-E. Potential Vertical Rise (PVR) calculations were performed in general accordance with the Texas Department of Transportation (TxDOT) Method Tex-124- E. The Tex-124-E method is empirical and is based on the Atterberg limits and moisture content of the subsurface soils. The calculated PVR is an empirical estimate of a soil’s potential for swell based upon the soil’s plasticity index, applied loading (due to structures or overburden), and antecedent moisture condition. The wetter a soil’s antecedent moisture condition, the lower its calculated PVR will be for a given plasticity index and load. However, soil with a higher antecedent moisture content will be more susceptible to shrinkage due to drying. Maintaining a consistent moisture content in the soil is the key to minimizing both heave and shrinkage related structural problems. Calculated PVR using TxDOT Method Tex-124-E. The PVR calculated using TxDOT Method Tex-124-E is about 2- to 3-inches assuming an average antecedent moisture condition. The calculated PVR is consistent with soil moisture conditions at the time this investigation was conducted. Calculated PVR using Swell Test Results. The PVR based on the swell test results is about 1- to 2-inches. The PVR based on swell test results is dependent on the moisture conditions at the time of testing. Soil Moisture Confirmation Prior to Construction. The calculated PVR can vary considerably with prolonged wet or dry periods. We recommend the moisture content for the upper 10 feet of soils within the building pad be assessed for consistency with this report prior to construction if: (1) an extended period of time has elapsed between the performance of this GES Project No. 18-0693 Page 9 investigation and construction of the foundation, or (2) unusually wet or dry weather is experienced between the performance of this investigation and construction of the foundation. 5.3 Construction Excavations Applicability. Recommendations in this section apply to short-term construction-related excavations for this project. Sloped Excavations. All sloped short-term construction excavations on-site should be designed in accordance with Occupational Safety and Health Administration (OSHA) excavation standards. Borings from this investigation indicated that the soils may be classified per OSHA regulations as Type B from the ground surface to a depth of 10-feet bgs. For areas Short-term construction excavations may be constructed with a maximum slope of 1:1, horizontal to vertical (H:V), to a depth of 10-feet bgs. If excavations are to be deeper than 10-feet, we should be contacted to evaluate the excavation. Recommendations provided herein are not valid for any long-term or permanent slopes on-site. Shored Excavations. As an alternative to sloped excavations, vertical short-term construction excavations may be used in conjunction with trench boxes or other shoring systems. Shoring systems should be designed using an equivalent fluid weight of 65 pounds per cubic foot (pcf) above the groundwater table and 95 pcf below the groundwater table. Surcharge pressures at the ground surface due to dead and live loads should be added to the lateral earth pressures where they may occur. Lateral surcharge pressures should be assumed to act as a uniform pressure along the upper 10-feet of the excavation based on a lateral earth coefficient of 0.5. Surcharge loads set back behind the excavation at a horizontal distance equal to or greater than the excavation depth may be ignored. We recommend that no more than 200-feet of unshored excavation should be open at any one time to prevent the possibility of failure and excessive ground movement to occur. We also recommend that unshored excavations do not remain open for a period of time longer than 24-hours. Limitations. Recommendations provided herein assume there are no nearby structures or other improvements which might be detrimentally affected by the construction excavation. Before proceeding, we should be contacted to evaluate construction excavations with the potential to affect nearby structures or other improvements. Excavation Monitoring. Excavations should be monitored to confirm site soil conditions consistent with those encountered in the borings drilled as part of this study. Discrepancies in soil conditions should be brought to the attention of GES for review and revision of recommendations, as appropriate. GES Project No. 18-0693 Page 10 5.4 Groundwater Control Groundwater was encountered at depths as shallow as 5-feet bgs during the subsurface investigation. If groundwater is encountered during excavation, dewatering to bring the groundwater below the bottom of excavations may be required. Dewatering could consist of standard sump pits and pumping procedures, which may be adequate to control seepage on a local basis during excavation. Supplemental dewatering will be required in areas where standard sump pits and pumping is not effective. Supplemental dewatering could include submersible pumps in slotted casings, well points, or eductors. The contractor should submit a groundwater control plan, prepared by a licensed engineer experienced in that type of work. 5.5 Earthwork 5.5.1 Site Preparation In the area of improvements, all concrete, trees, stumps, brush, debris, septic tanks, abandoned structures, roots, vegetation, rubbish and any other undesirable matter should be removed and properly disposed. All vegetation should be removed and the exposed surface should be scarified to an additional depth of at least 6 inches. It is the intent of these recommendations to provide a loose surface with no features that would tend to prevent uniform compaction by the equipment to be used. 5.5.2 Proofroll Building pad and paving subgrades should be proofrolled with a fully loaded tandem axle dump truck or similar pneumatic-tire equipment to locate areas of loose subgrade. In areas to be cut, the proofroll should be performed after the final grade is established. In areas to be filled, the proofroll should be performed prior to fill placement. Areas of loose or soft subgrade encountered in the proofroll should be removed and replaced with engineered fill, moisture conditioned (dried or wetted, as needed) and compacted in place. 5.5.3 Grading and Drainage Every attempt should be made to limit the extreme wetting or drying of the subsurface soils because swelling and shrinkage of these soils will result. Standard construction practices of providing good surface water drainage should be used. A positive slope of the ground away from any foundation should be provided. Ditches or swales should be provided to carry the run-off water both during and after construction. Stormwater runoff should be collected by gutters and downspouts and should discharge away from the buildings. GES Project No. 18-0693 Page 11 Root systems from trees and shrubs can draw a substantial amount of water from the clay soils at this site, causing the clays to dry and shrink. This could cause settlement beneath grade-supported slabs such as floors, walks and paving. Trees and large bushes should be located a distance equal to at least one-half their anticipated mature height away from grade slabs. Lawn areas should be watered moderately, without allowing the clay soils to become too dry or too wet. 5.5.4 Wet Weather/Soft Subgrade Soft and/or wet surface soils may be encountered during construction, especially following periods of wet weather. Wet or soft surface soils can present difficulties for compaction and other construction equipment. If specified compaction cannot be achieved due to soft or wet surface soils, one of the following corrective measures will be required: 1.Removal of the wet and/or soft soil and replacement with select fill, 2.Chemical treatment of the wet and/or soft soil to improve the subgrade stability, or 3.If allowed by the schedule, drying by natural means. Chemical treatment is usually the most effective way to improve soft and/or wet surface soils. GES should be contacted for additional recommendations if chemical treatment is planned due to wet and/or soft soils. 5.5.5 Fill Select Fill. Select fill should consist of soil with a liquid limit less than 35 and a Plasticity Index between 7 and 20. The select fill should be placed in loose lifts not exceeding 8-inches and should be compacted to at least 95 percent maximum dry density (per ASTM D-698) and at a moisture content between optimum and 4 percent above optimum moisture content. The subgrade to receive select fill should be scarified to a depth of 6 inches and compacted to 92 to 96 percent of the material’s maximum standard Proctor dry density (ASTM D-698) at a workable moisture level at least 4 percentage points above optimum and placed in loose lifts not exceeding 9 inches. Lime-treated Native Clay Soil. Based on the laboratory testing conducted for this investigation, the native clay on-site soils will not meet specifications for select fill outlined in the section titled “Fill”. As an alternative to importing select fill, the native clay soil may be blended with lime to reduce the plasticity index to meet select fill requirements. Based on our experience, we expect that it will require between 4- and 6-percent lime (by dry unit weight) to reduce the plasticity index of the native clay soils to select fill requirements. Prior to selecting this alternative, lime series tests should be performed to assess the amount of lime required. GES Project No. 18-0693 Page 12 General Fill. General fill should consist of material approved by the Geotechnical Engineer with a liquid limit less than 50. General fill should be placed in loose lifts not exceeding 8- inches and should be uniformly compacted to a minimum of 95 percent maximum dry density (per ASTM D-698) and within ±2 percent of the optimum moisture content. General fill placed in the building pad area below the moisture conditioned soil for grading purposes should be uniformly compacted to a minimum of 95 percent maximum dry density (per ASTM D-698) and at a moisture content between optimum and 4 percent above optimum moisture content. Fill Restrictions. Select fill and general fill should consist of those materials meeting the requirements stated. Select fill and general fill should not contain material greater than 4- inches in any direction, debris, vegetation, waste material, environmentally contaminated material, or any other unsuitable material. Unsuitable Materials. Materials considered unsuitable for use as select fill or general fill include low and high plasticity silt (ML and MH), silty clay (CL-ML), organic clay and silt (OH and OL) and highly organic soils such as peat (Pt). These soils may be used for site grading and restoration in unimproved areas as approved by the Geotechnical Engineer. Soil placed in unimproved areas should be placed in loose lifts not exceeding 10-inches and should be compacted to at least 92 percent maximum dry density (per ASTM D-698) and at a moisture content within ±4 percentage points of optimum. Cautionary Note. It is extremely important that select fill placed within building pads be properly characterized using one or more representative proctor samples. The use of a proctor sample which does not adequately represent the select fill being placed can lead to erroneous compaction (moisture and density) results which can significantly increase the potential for swelling of the select fill. The plasticity index of select fill soils placed during construction should be checked every day to confirm conformance to the project specifications and consistency with the proctor being utilized. 5.5.6 Testing Required Testing and Inspections. Field compaction and classification tests should be performed by GES. Compaction tests should be performed in each lift of the compacted material. We recommend the following minimum soil compaction testing be performed: one test per lift per 2,500 square feet (SF) in the area of the building pad, one test per lift per 5,000 SF outside the building pad, and one test per lift per 100 linear feet of utility backfill. If the materials fail to meet the density or moisture content specified, the course should be reworked as necessary to obtain the specified compaction. Classification confirmation inspection/testing should be performed daily on select fill materials (whether on-site or imported) to confirm consistency with the specifications. GES Project No. 18-0693 Page 13 Liability Limitations. Since proper field inspection and testing are critical to the design recommendations provided herein, GES cannot assume responsibility or liability for recommendations provided in this report if construction inspection and/or testing is performed by another party. 5.6 Demolition Considerations Applicability. Recommendations in this section apply to the removal of any existing foundations, utilities or pavement which may be present on this site. General. Special care should be taken in the demolition and removal of existing floor slabs, foundations, utilities and pavements to minimize disturbance of the subgrade. Excessive disturbance of the subgrade resulting from demolition activities can have serious detrimental effects on planned foundation and paving elements. Existing Foundations. Existing foundations are typically slabs, shallow footings, or drilled piers. If slab or shallow footings are encountered, they should be completely removed. If drilled piers are encountered, they should be cut off at an elevation at least 24-inches below proposed grade beams or the final subgrade elevation, whichever is deeper. The remainder of the drilled pier should remain in place. Foundation elements to remain in place should be surveyed and superimposed on the proposed development plans to determine the potential for obstructions to the planned construction. GES should be contacted if drilled piers are to be excavated and removed completely. Additional earthwork activities will be required to make the site suitable for new construction if the piers are to be removed completely. Existing Utilities. Existing utilities and bedding to be abandoned should be completely removed. Existing utilities and bedding may be abandoned in place if they do not interfere with planned development. Utilities which are abandoned in place should be properly pressure-grouted to completely fill the utility. Backfill. Excavations resulting from the excavation of existing foundations and utilities should be backfilled in accordance with Section 5.5.5 – Fill. Other Buried Structures. Other types of buried structures (wells, cisterns, etc.) could be located on the site. If encountered, GES should be contacted to address these types of structures on a case-by-case basis. 5.7 Loading on Buried Structures Uplift. Buried water-tight structures are subjected to uplift forces caused by differential water levels adjacent to and within the structure. For design purposes, we recommend the GES Project No. 18-0693 Page 14 groundwater level be assumed at the ground surface. Resistance to uplift pressure is provided by soil skin friction and the dead weight of the structure. Skin friction should be neglected for the upper 3 feet of soil. A skin friction of 200 pounds per square foot (psf) may be used below a depth of 3 feet. Lateral Pressure. Lateral pressures on buried structures due to soil loading can be determined using an equivalent fluid weight of 95 pounds per cubic foot (pcf). This includes hydrostatic pressure but does not include surcharge loads. The lateral load produced by a surcharge may be computed as 50 percent of the vertical surcharge pressure applied as a constant pressure over the full depth of the buried structure. Surcharge loads located a horizontal distance equal to or greater than the buried structure depth may be ignored. Vertical Pressure. Vertical pressures on buried structures due to soil loading can be determined using an equivalent fluid weight of 125 pcf. This does not include surcharge loads. The vertical load produced by a surcharge may be computed as 100 percent of the vertical surcharge pressure applied as a constant pressure over the full width of the buried structure. 5.8 Retaining Structures Applicability. GES was not notified of any specific retaining structures in conjunction with this project. Recommendations provided in this section are applicable to structures 5-feet or less in height. Retaining structures in excess of 5-feet should be brought to the attention of GES for a more detailed assessment. It is imperative that global stability be reviewed by GES on any retaining structure in excess of 5-feet in height. Lateral Pressure. Lateral pressures on retaining structures due to soil loading can be determined using an equivalent fluid weight of 85 pounds per cubic foot (pcf) if fill behind the wall is free-draining and above the groundwater table and 105 pcf if fill behind the wall is not free draining or is below the groundwater table. This does not include surcharge loads. This also assumes a horizontal ground surface behind the structure. The lateral load produced by a surcharge may be computed as 50 percent of the vertical surcharge pressure applied as a constant pressure over the full depth of the buried structure. Surcharge loads set back behind the retaining structure at a horizontal distance equal to or greater than the structure height may be ignored. Lateral Resistance. Resistance to lateral loads may be provided by the soil adjacent to the structure. We recommend using an equivalent fluid weight of 100 pcf for lateral resistance (using a Factor of Safety of 3). An allowable coefficient of sliding friction of 0.2 (using a Factor of Safety of 2) between the retaining structure concrete footings and underlying soil may be combined with the passive lateral resistance. GES Project No. 18-0693 Page 15 Bearing Capacity. Assuming a minimum embedment depth of 24-inches, an allowable bearing capacity of 2,000 psf may be used for retaining structure footings (using a Factor of Safety of 3). Retaining walls will be subjected to the PVRs described in this report and should be designed accordingly. Retaining walls will likely require subgrade preparation to lower the PVR of the structure to tolerable levels. 5.9 Buried Pipe Applicability. Recommendations in this section are applicable to the design of buried piping placed by open cut methods associated with this project. Pressure on Buried Pipe. Design recommendations provided in the “Loading on Buried Structures” section of this report apply to buried piping. Thrust Restraints. Resistance to lateral forces at thrust blocks will be developed by friction developed along the base of the thrust block and passive earth pressure acting on the vertical face of the block. We recommend a coefficient of base friction of 0.2 (using a Factor of Safety of 2) along the base of the thrust block. Passive resistance on the vertical face of the thrust block may be calculated using the allowable passive earth pressures presented below. Allowable Passive Earth Pressure by Material Type Material Allowable Passive Pressure (psf) Shale 3,000 Native Clay and Clayey Sand 2,000 Compacted Clay Fill 1,500 Note: Passive resistance should be neglected for any portion of the thrust block within 3 feet of the final site grade. The allowable passive resistance for native clays and clayey sand and shale is based on the thrust block bearing directly against vertical, undisturbed cuts in these materials. Bedding and Backfill. Pipe bedding and pipe-zone backfill for the water and sanitary sewer piping should be in accordance with TxDOT standard specification Item 400 or the local equivalent. The pipe-zone consists of all materials surrounding the pipe in the trench from six (6) inches below the pipe to 12 inches above the pipe. Trench Backfill. Excavated site soils will be utilized to backfill the trenches above the pipe-zone. Backfilled soil should be placed in loose lifts not exceeding 8-inches and should be compacted to at least 95 percent maximum dry density (per ASTM D-698) and at a moisture content between optimum and 4 percent above optimum moisture content. GES Project No. 18-0693 Page 16 Trench Settlement. Settlement of backfill should be anticipated. Even for properly compacted backfill, fills in excess of 8 to 10 feet are still subject to settlements over time of about 1 to 2 percent of the total fill thickness. This level of settlement can be significant for fills beneath streets. Therefore, close coordination and monitoring should be performed to reduce the potential for future movement. 5.10 Foundation System Appropriate Foundation Types. Straight-shaft drilled piers are appropriate for the proposed buildings based on the geotechnical conditions encountered. Foundations Adjacent to Slopes. Foundations placed too close to adjacent slopes steeper than 5:1 (H:V) may experience reduced bearing capacities and/or excessive settlement. Recommendations provided herein assume foundations are not close enough to adjacent slopes in excess of 5:1 (H:V) to be detrimentally affected. Therefore, foundations closer than 5 times the depth of adjacent slopes, pits or excavations in excess of 5:1 (H:V) should be brought to our attention in order that we may review the appropriateness of our recommendations. 5.10.1 Straight Shaft Drilled Piers General Requirement: The proposed buildings may be supported using straight-shaft piers (auger-excavated, steel reinforced, cast-in-place concrete piers) provided that recommendations in the section entitled “Slab-on-Grade” are followed. The piers should bear in undisturbed gray shale/tan weathered limestone at least 13 feet below the existing grade. Deeper penetrations may be necessary to develop the required skin friction and/or uplift resistance. Drilled piers should be a minimum of 18-inches in diameter. The pier excavation and installation operations should be observed in the field by GES. Soil/Rock Conditions. Soil and rock conditions encountered at the proposed building borings consisted of lean to fat clays overlying gray shale and/or tan weathered limestone. The depth of rock (i.e. gray shale and tan weathered limestone) encountered at the boring locations varies from 10- to 20-feet bgs in Building A area and from 14- to 20-feet bgs in Building B area. GES Project No. 18-0693 Page 17 Axial Resistance. For the axial loading design of straight shaft drilled piers, we recommend the following: Axial Capacities of Drilled Piers Depth (ft, bgs) (1) Soil Type Effective Soil Unit Weight (pcf) (2) Allowable Skin Friction (psf) (3) Allowable End Bearing Capacity (psf) (4, 5, 6) Top of Layer Bottom of Layer 0 10 CLAYEY SOILS 125 - - 10 10 to 20 CLAYEY SOILS 65 1,000 6,000 10 to 20 15 to 25 SHALE/WEATHERED LIMESTONE 130 2,000 20,000 Note: (1) Depth below existing ground surface. (2) Effective soil unit weight based on assumed groundwater depth of 10-feet bgs. (3) Allowable Skin Friction based on a factor of safety = 2. (4) Allowable End Bearing Capacity based on a factor of safety = 2. (5) Recommendations assume the foundation depth is greater than or equal to 3 times the foundation width. (6) The recommended bearing capacity parameters for gray shale / gray limestone assume minimum penetration of 3-feet into the gray shale / tan weathered limestone. The axial capacities of drilled straight-shaft piers should be neglected over the portion of the shaft in contact with moisture conditioned fill underlying the building pad. Lateral Resistance. For resistance of lateral loads on drilled piers, we recommend the following LPILE design parameters. GES Project No. 18-0693 Page 18 Uplift: The uplift force on the piers due to swelling of the active clays can be approximated by assuming a uniform uplift pressure 1,100 psf acting over the perimeter of the shaft to a depth of 12-feet. The shaft should contain sufficient full length reinforcing steel to resist uplift forces. Pier Spacing. Piers should have a minimum center-to-center spacing of at least 2.5 pier diameters. The design side shear for axial or uplift loads may be considered to vary linearly from the full value at a spacing of 2.5 times the diameter of the larger shaft to 50 percent of the design value at a spacing equivalent to the diameter of the larger shaft. Settlement: Foundation settlement for drilled piers constructed as described herein should be about 1-inch. Groundwater: Groundwater was encountered at depths as shallow as 5-feet bgs during the subsurface investigation. Groundwater may be encountered during pier excavation and the risk of groundwater seepage is increased during or after periods of precipitation. Submersible pumps may be capable of controlling seepage in the pier excavation to allow for concrete placement. Lateral Resistance on Drilled Piers Depth (feet bgs) (1) LPILE Parameters (2) 0 3 LPILE Material Type: Medium Clay Effective Soil Unit Weight: 125 pcf Undrained Cohesion: Ignore Strain @ ½ Peak Strength (ε50): Ignore p-y Modulus (k): Ignore 3 10 LPILE Material Type: Medium Clay Effective Soil Unit Weight: 125 pcf Undrained Cohesion: 1,000 psf Strain @ ½ Peak Strength (ε50): 0.01 p-y Modulus (k): 100 pci (static) 10 10 to 20 LPILE Material Type: Submerged Very Stiff Clay Effective Soil Unit Weight: 65 pcf Undrained Cohesion: 3,000 psf Strain @ ½ Peak Strength (ε50): 0.005 p-y Modulus (k): 1,000 pci (static), 400 pci (cyclic) 10 to 20 15 to 25 LPILE Material Type: Weak Rock Effective Soil Unit Weight: 130 pcf Young’s Modulus (Er): 3,400 psi Uniaxial Compressive Strength: 140 psi Rock Quality Designation (RQD): 40% (Assumed) Krm: 0.0005 Note: (1) Depth below existing ground surface. (2) Effective soil unit weight based on assumed groundwater depth greater than 10-feet. GES Project No. 18-0693 Page 19 Applicable TxDOT Standards: Drilled pier foundations should be constructed in accordance with the requirements of TxDOT Item 416 (standard specification for construction of drilled pier foundations). This specification includes requirements for construction using casing or the slurry displacement method, as appropriate. Construction Observation: The construction of all piers should be observed as a means to verify compliance with design assumptions and to verify: 1. the bearing stratum; 2. the removal of all smear zones and cuttings; 3. that groundwater seepage, when encountered, is correctly handled; 4. that the shafts are vertical (within acceptable tolerance); and 5. ensure that the top of the shafts in contact with clay are not enlarged (mushroom shaped). Concrete Placement: Concrete should be placed immediately after the excavation has been completed. In no event should a pier excavation be allowed to remain open for more than 8 hours. Concrete should have a slump of 5 to 7 inches and should not be allowed to strike the shaft sidewall or steel reinforcement during placement. 5.11 Slab-on-Grade Potential Vertical Slab Movements. Based on the information gathered during this investigation, a slab constructed on-grade will be subject to potential vertical slab movements of about 3-inches. Two subgrade options are provided below. Subgrade Treatment. The depth of subgrade treatment is dependent on the desired post- construction PVR. The table below presents the depth of subgrade treatment required to reduce the PVR to allowable levels for the project. PVR (inches) Thickness of Lime Cap (inches)(1)&(2) Thickness of Select Fill (feet)(3) Thickness of Moisture Conditioned Soil (feet) 1 8 - 10 1 - 2 8.5 Notes: 1. Depth measured below bottom of the slab-on-grade, 2. Lime should be applied at a minimum rate of 36 pounds per square yard for a depth of 8-inches. Lime stabilization should be performed in accordance with TxDOT Standard Specifications, Item 260, “Lime Stabilized Subgrade”, or local equivalent, and 3. Select fill specifications are discussed in Section 5.5.5 of this report. GES Project No. 18-0693 Page 20 Where more than the recommended fill placement is needed to bring the site up to final subgrade, any additional fill may consist of general fill. In areas where less than recommended thickness of fill is required to bring the building pad to grade, we recommend that the existing soils be excavated to the depth recommended in the table above and replaced with lime-treated and moisture conditioned clay. If tan weathered limestone or gray unweathered gray shale is encountered within the required moisture conditioned soil thickness, tan weathered limestone and unweathered gray shale will not need to be over- excavated. GES should be present at the time of building pad treatment. Subgrade treatment should extend at least 5-feet horizontally beyond the perimeter of the building. The subgrade to receive moisture conditioned soil should be scarified to a depth of 6-inches. Moisture-conditioning consists of processing and compacting the specified minimum thickness of on-site soil at a “target” moisture content approximated to be at least 4 percentage points above the material’s optimum moisture content as determined by the standard Proctor method (ASTM D 698). The moisture conditioned soil should be compacted to 92 to 96 percent of the material’s maximum standard Proctor dry density (ASTM D-698) at a workable moisture level at least 4 percentage points above optimum and placed in loose lifts not exceeding 8 inches. Confirmation Testing. This resulting PVR is based on the assumption that the free swell potential of the moisture-conditioned soil will be reduced to 0.7 percent or less. GES should be retained to monitor and test installation of the lime cap and moisture conditioned soil on a full-time basis. Swell test verification should also be performed during construction by GES. Subgrade Treatment at Exterior Doorways. Subgrade treatment should extend beneath sidewalk areas that abut exterior doorways to the building. Failure to perform subgrade treatment in these areas can increase the probability of differential heaving between exterior sidewalks and doorways, resulting in exterior doors that won’t or have difficulty opening outward due to “sticking” caused by heaving sidewalk slabs. Subgrade Moisture. The slab subgrade is prone to drying after being exposed and should be kept moist prior to slab placement. Moisture Barrier. A moisture barrier should be used beneath the slab foundation in areas where floor coverings will be utilized (such as, but not limited to, wood flooring, tile, linoleum and carpeting). Slab Deflection Analysis. Coefficient of subgrade reaction, k, values are soil, load and settlement dependent. Upon request by the Structural Engineer for this project, k value recommendations will be provided for the specific loading application in question. GES Project No. 18-0693 Page 21 5.12 Pavement Recommendations for rigid pavement and preparation of the pavement subgrade are provided in the following sections. A traffic study indicating the number and type of vehicles on which to base the pavement design was not provided. Therefore, our recommendations are based upon our experience with similar projects assuming normal vehicular loading. Any unusual loading conditions should be brought to our attention prior to finalizing the pavement design so that we may assess and modify our recommendations as necessary. 5.12.1 Rigid Pavement Portland cement concrete (PCC) with a minimum 28-day compressive strength of 3,500 pounds per square inch (psi) should be utilized for rigid pavement. Grade 60 reinforcing steel should be utilized in the transverse and longitudinal directions. The following pavement thicknesses and reinforcing are recommended: Paving Use Thickness (inches) Reinforcing Parking Areas for Automobiles and Light Trucks 5 No. 3 bars spaced on 24-inch intervals or 12 x 12 – W5 x W5 welded wire fabric Drive Lanes and Areas Subjected to Light to Medium Trucks (Little to No 18-wheel truck traffic) 6 No. 3 bars spaced on 18-inch intervals or 12 x 12 – W6 x W6 welded wire fabric Truck Court and Areas Receiving Less Than 25 Loaded Heavy (18-wheel) Trucks Per Day 7 No. 3 bars spaced on 18-inch intervals or 12 x 12 – W6.5 x W6.5 welded wire fabric Areas Receiving Between 25 and 50 Loaded Heavy (18-wheel) Trucks Per Day 8 No. 4 bars spaced on 18-inch intervals Areas Receiving Between 50 and 100 Loaded Heavy (18-wheel) Trucks Per Day 9 No. 4 bars spaced on 18-inch intervals Areas Receiving Between 100 and 200 Loaded Heavy (18-wheel) Trucks Per Day 10 No. 4 bars spaced on 18-inch intervals Concrete pavement thicknesses provided above can be increased an additional 1-inch in lieu of lime stabilization of the subgrade. Contraction joints should be spaced at about 30 times the pavement thickness up to a maximum of 15 feet in any direction. Saw cut control joints should be cut within 6 to 12 hours of concrete placement. Expansion joints should be spaced a maximum of 60-feet in any direction and should be placed where the pavement abuts any structure. Dowels should have a diameter equal to 1/8 the slab thickness, be spaced on 12-inch intervals, and be embedded at least 9-inches. Where not specified herein, concrete pavement should comply with Texas Department of Transportation (TxDOT) Standard Specifications, Item 360, "Concrete Pavement", or local equivalent. GES Project No. 18-0693 Page 22 5.12.2 Pavement Subgrade High plasticity clay is expected to be encountered or exposed at pavement subgrade. The pavement subgrade should be placed in loose lifts not exceeding 8-inches and should be uniformly compacted to a minimum of 95 percent maximum dry density (per ASTM D-698) and within ±2 percent of the optimum moisture content. We recommend the subgrade be stabilized using the following: Reagent Concrete Thickness Application Rate (pounds per square yard) Application Depth (inches) Lime 7-inches or less 27 6 Lime More than 7-inches 36 8 Lime stabilization should be performed in accordance with TxDOT Standard Specifications, Item 260, “Lime Stabilized Subgrade”, or local equivalent. We have assumed that site treatment as recommended in Section 5.11 – Slab-on-Grade will not be performed in the pavement areas. As a result, pavements will be subjected to very high PVRs based on the soils encountered at the site. 6.0 GENERAL COMMENTS Data Assumptions. By necessity, geotechnical engineering design recommendations are based on a limited amount of information about subsurface conditions. In the analysis, the geotechnical engineer must assume subsurface conditions are similar to those encountered in the borings. The analyses, conclusions and recommendations contained in this report are based on site conditions as they existed at the time of the field investigation and on the assumption that the exploratory borings are representative of the subsurface conditions throughout the site; that is, the subsurface conditions everywhere are not significantly different from those disclosed by the borings at the time they were completed. Subsurface Anomalies. Anomalies in subsurface conditions are often revealed during construction. If during construction, different subsurface conditions from those encountered in our borings are observed, or appear to be present in excavations, we must be advised promptly so that we can review these conditions and reconsider our recommendations where necessary. Change of Conditions. If there is a substantial lapse of time between submission of this report and the start of the work at the site, if conditions have changed due either to natural causes or to construction operations at or adjacent to the site, or if structure locations, structural loads or finish grades are changed, we should be promptly informed and retained to review our report to determine the applicability of the conclusions and recommendations, considering the changed conditions and/or time lapse. GES Project No. 18-0693 Page 23 Design Review. GES, Inc. should be retained to review those portions of the plans and specifications for this particular project that pertain to earthwork and foundations as a means to determine whether the plans and specifications are consistent with the recommendations contained in this report. Construction Materials Testing and Inspection. GES should be retained to observe earthwork and foundation installation and perform materials evaluation and testing during the construction phase of the project. This enables GES’s geotechnical engineer to stay abreast of the project and to be readily available to evaluate unanticipated conditions, to conduct additional tests if required and, when necessary, to recommend alternative solutions to unanticipated conditions. It is proposed that construction phase observation and materials testing commence by the project geotechnical engineer (GES) at the outset of the project. Experience has shown that the most suitable method for procuring these services is for the owner to contact directly with the project geotechnical engineer. This results in a clear, direct line of communication between the owner and the owner's design engineers and the geotechnical engineer. Report Recommendations are Preliminary. Until the recommended construction phase services are performed by GES, the recommendations contained in this report on such items as final foundation bearing elevations, final depth of undercut of expansive soils for non- expansive earth fill pads and other such subsurface-related recommendations should be considered as preliminary. Liability Limitation. GES cannot assume responsibility or liability for recommendations provided in this report if construction inspection and/or testing recommended herein is performed by another party. Warranty. This report has been prepared for the exclusive use of the Client and their designated agents for specific application to design of this project. We have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended. Appendix A ‐ Project Location Diagrams GES Project No. 18-0693 Alliance 156 -Buildings A & B PROJECT LOCATION DIAGRAM -GENERAL GES Project No. 18-0693 Alliance 156 -Buildings A & B PROJECT LOCATION DIAGRAM -LOCAL Appendix B ‐ Boring Location Diagram GES Project No. 18-0693 Alliance 156 -Buildings A & B BORING LOCATION DIAGRAM Appendix C ‐ Boring Logs and Laboratory Results  68201434 30 12 14 20 0.8 0.8 0.9 0.6 3.00 2.50 3.00 2.00 20-25-10 (35) 90 (40) ST ST ST ST SS TCP RC TCP FAT CLAY (CH) - Very stiff, dark brown. SANDY LEAN CLAY (CL) - Stiff to very stiff, brown and light brown, calcareous. WEATHERED LIMESTONE - Hard, tan, poor quality. SHALE - Hard, gray, poor quality. Bottom of hole at 15.5 feet. 100 (0.5") 100 (1") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 10-feet, Rock Coring from 10 to 15-feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/31/19 COMPLETED 1/31/19 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-01 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 9441246529 31 32 0.8 1.0 1.1 1.1 0.9 2.00 2.50 3.00 3.50 2.50 17 (7) ST ST ST ST ST TCP RC TCP FAT CLAY (CH) - Stiff to very stiff, dark brown. With calcareous nodules at 4 to 6 feet. SANDY LEAN CLAY (CL) - Stiff, tan, calcareous. WEATHERED LIMESTONE - Soft, tan, very poor quality. Bottom of hole at 16.0 feet. 50 (3") 50 (3") 50 (4") 50 (3") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 10-feet, Rock Coring from 10 to 15-feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/31/19 COMPLETED 1/31/19 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-02 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 35432871 30 25 0.8 0.9 0.9 0.8 0.6 2.50 3.00 2.00 3.00 2.00 77 (40) ST ST ST ST ST TCP RC TCP FAT CLAY (CH) - Stiff to very stiff, dark brown. CLAYEY SAND (SC) - Stiff, light brown, calcareous. FAT CLAY WITH SAND (CH) - Stiff to very stiff, light brown, calcareous. WEATHERED LIMESTONE - Hard, tan, poor quality, with clay seams. Bottom of hole at 15.0 feet. 100 (1.5") 100 (1.5") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 10-feet, Rock Coring from 10 to 15-feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/31/19 COMPLETED 1/31/19 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-03 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 87382159 25 22 18 14112.8 0.8 0.9 0.8 0.9 0.9 2.50 2.50 2.00 2.50 3.00 100/0" 100/1" 78 (38) ST ST ST ST ST TCP RC TCP FAT CLAY (CH) - Stiff, dark brown. Light brown at 2 to 4 feet. SANDY LEAN CLAY (CL) - Stiff, tan, with limestone fragments. With calcareous nodules at 6 to 8 feet. FAT CLAY WITH SAND (CH) - Very stiff, tan, calcareous. WEATHERED LIMESTONE - Hard, tan, poor quality. SHALE - Hard, gray, poor quality. Bottom of hole at 15.0 feet. 100 (0") 100 (1") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 10-feet, Rock Coring from 10 to 15-feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/31/19 COMPLETED 1/31/19 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-04 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 90221537 31 19 18 22 0.5 1.0 0.8 0.9 1.0 2.00 3.00 2.50 2.50 3.00 85 (43) ST ST ST ST ST AU TCP RC TCP FAT CLAY (CH) - Stiff to very stiff, brown. Light brown, calcareous at 2 to 6 feet. LEAN CLAY (CL) - Stiff, light brown. FAT CLAY (CH) / FAT CLAY WITH SAND (CH) - Very stiff, light brown, calcareous. SHALE - Hard, gray, poor quality, with limestone seams. Bottom of hole at 20.0 feet. 100 (1") 100 (0.25") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 15-feet, Rock Coring from 15 to 20-feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/31/19 COMPLETED 1/31/19 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 20 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-05 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 27 72 42 20 20 17 62 37 10 6 9 1.0 0.8 3.00 3.00 16-24-33 (57) 14-24-20 (44) 26-50/1" 57 (30) ST ST SS SS SS TCP RC TCP FAT CLAY (CH) - Very stiff, dark brown, with calcareous nodules. CLAYEY SAND (SC) - Very stiff, brown, calcareous. SANDY LEAN CLAY (CL) / LEAN CLAY WITH SAND (CL) - Very stiff to hard, brown, calcareous. Tan at 6 to 10 feet. WEATHERED LIMESTONE - Hard, tan, poor quality. SHALE - Hard, gray, poor quality. Bottom of hole at 15.0 feet. 100 (1") 100 (0.5") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 10-feet, Rock Coring from 10 to 15-feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/30/19 COMPLETED 1/30/19 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-06 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 94281442 28 16 12 15 0.9 1.0 1.0 1.0 2.50 3.00 3.50 4.0 12-10-10 (20) 50/1" 100 (50) ST ST ST ST SS SS TCP RC TCP FAT CLAY (CH) - Stiff to very stiff, dark brown. Calcareous at 2 to 4 feet. LEAN CLAY (CL) - Very stiff, light brown, with calcareous nodules. FAT CLAY (CH) - Very stiff, light brown, with calcareous nodules. SANDY LEAN CLAY (CL) - Stiff, light brown, calcareous. SHALE - Hard, gray, fair quality, with limestone seams. Bottom of hole at 20.0 feet. 100 (2") 100 (4") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 15-feet, Rock Coring from 15 to 20-feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/31/19 COMPLETED 1/31/19 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 20 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-07 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 91422264 32 26 13 16 0.8 0.9 1.0 0.8 0.9 2.00 3.00 3.00 2.00 2.50 10-12-15 (27) 100 (50) ST ST ST ST ST SS AU TCP RC TCP FAT CLAY (CH) - Stiff to very stiff, dark brown. SANDY LEAN CLAY (CL) - Stiff to very stiff, light brown. With calcareous nodules at 4 to 8 feet. Calcareous at 8 to 15 feet. SHALE - Hard, gray, fair quality, with limestone seams. Bottom of hole at 25.0 feet. 100 (1") 100 (0.75") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 20 feet, Rock Coring from 20 to 25 feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/30/19 COMPLETED 1/30/19 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 20 25 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-08 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 60191534 25 15 7 0.8 0.8 0.9 0.8 2.50 2.50 3.00 2.50 12-15-9 (24) 13-25-16 (41) 70 (48) ST ST ST ST SS SS TCP RC TCP FAT CLAY (CH) - Stiff, dark brown. SANDY LEAN CLAY (CL) / LEAN CLAY WITH SAND (CL) - Stiff to very stiff, light brown. With sand pockets and calcareous nodules to 6 feet. Calcareous at 8 to 15 feet. WEATHERED LIMESTONE - Hard, tan, poor quality. SHALE - Hard, gray, poor quality. Bottom of hole at 20.0 feet. 100 (0.5") 100 (2.5") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 15-feet, Rock Coring from 15 to 20-feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/30/19 COMPLETED 1/30/19 AFTER 15 MIN.7.4 ft INITIALLY ENCOUNTERED 12.0 ft AFTER 24 HR 5.0 ft FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 20 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-09 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 23201535 26 13 16 12 17 111.9 0.8 0.9 1.0 1.0 2.00 2.50 3.00 3.00 6-9-11 (20) 10-15-30 (45) 50/1" 70 (45) ST ST ST ST ST SS SS TCP RC TCP FAT CLAY (CH) - Stiff, dark brown. With iron nodules at 2 to 4 feet. SANDY LEAN CLAY (CL) - Stiff to very stiff, light brown. With calcareous nodules to 8 feet. Calcareous at 8 to 10 feet. CLAYEY SAND (SC) - Very stiff, tan, with calcareous nodules. SANDY LEAN CLAY (CL) - Hard, tan, calcareous. SHALE - Hard, gray, poor quality, with limestone seams. Bottom of hole at 25.0 feet. 100 (1.5") 100 (0.5") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 20 feet, Rock Coring from 20 to 25 feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/30/19 COMPLETED 1/30/19 AFTER 15 MIN.7.1 ft INITIALLY ENCOUNTERED 10.0 ft AFTER 24 HR 5.3 ft FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 20 25 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-10 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 945324770.8 0.9 2.50 2.50 9-13-20 (33) 23-38-40 (78) 38-50/3" 83 (0) ST ST SS SS SS TCP RC TCP FAT CLAY (CH) - Stiff, dark brown. SANDY LEAN CLAY (CL) / LEAN CLAY WITH SAND (CL) - Stiff to hard, brown, calcareous. Tan at 4 to 15 feet. SHALE - Hard, gray, very poor quality. Bottom of hole at 20.0 feet. 100 (2.75") 100 (0.75") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 15-feet, Rock Coring from 15 to 20-feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/29/19 COMPLETED 1/29/19 AFTER 15 MIN.7.5 ft INITIALLY ENCOUNTERED 8.5 ft AFTER 24 HR 6.3 ft FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 20 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-11 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 90462369 32 26 18109.8 0.8 0.9 1.0 0.5 0.6 2.00 2.00 2.50 2.00 2.00 50/4" 38 (0) ST ST ST ST ST SS TCP RC TCP FAT CLAY (CH) - Stiff, dark brown. Light brown at 4 to 6 feet, with iron nodules and calcareous nodules. SANDY LEAN CLAY (CL) - Stiff to hard, light brown. With calcareous nodules to 10 feet. Light brown and tan at 13 to 15 feet. SHALE - Hard, gray, very poor quality. Bottom of hole at 20.0 feet.100 (4") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 15-feet, Rock Coring from 15 to 20-feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/29/19 COMPLETED 1/29/19 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 20 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-12 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 29232043 27 29 23 8 0.8 0.8 0.9 0.8 2.00 2.00 2.50 3.00 10-12-12 (24) 50/5" 83 (27) ST ST ST ST SS SS TCP RC TCP RC TCP FAT CLAY (CH) - Stiff, dark brown. SANDY LEAN CLAY (CL) - Very stiff, light brown, with calcareous nodules. CLAYEY SAND (SC) - Stiff, tan. SANDY LEAN CLAY (CL) - Hard, light gray and tan, calcareous. SHALE - Hard, gray, poor quality, with clay seams and limestone seams. Bottom of hole at 25.0 feet. 100 (0.5") 100 (0.75") 100 (0.75") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 20 feet, Rock Coring from 20 to 25 feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/29/19 COMPLETED 1/29/19 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 20 25 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-13 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 74332558 29 23 20 20 1101.1 0.8 0.9 1.0 1.0 1.0 2.00 3.00 2.00 2.50 3.00 4-16-50/1" 95 (60) ST ST ST ST ST TCP SS TCP RC TCP FAT CLAY (CH) / FAT CLAY WITH SAND (CH) - Stiff to very stiff, dark brown. Light brown with calcareous nodules at 4 to 6 feet. SANDY LEAN CLAY (CL) / LEAN CLAY WITH SAND (CL) - Stiff to very stiff, light brown, calcareous. FAT CLAY (CH) - Hard, tan. SHALE - Hard, gray, fair quality, with limestone seams. Bottom of hole at 25.0 feet. 50 (5") 32 100 (1.25") 100 (2.25") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 20 feet, Rock Coring from 20 to 25 feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/28/19 COMPLETED 1/28/19 AFTER 15 MIN.7.3 ft INITIALLY ENCOUNTERED 12.0 ft AFTER 24 HR 6.0 ft FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 20 25 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-14 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 28 21 18 24 0.9 0.8 1.1 1.4 1.0 1.50 1.50 4.00 3.00 3.00 50/2" 88 (37) ST ST ST ST ST SS TCP RC TCP FAT CLAY (CH) - Stiff to very stiff, brown. With calcareous nodules at 4 to 6 feet. SANDY LEAN CLAY (CL) - Very stiff, brown, calcareous. FAT CLAY (CH) - Very stiff to hard, brown, calcareous. WEATHERED LIMESTONE - Hard, tan, poor quality. SHALE - Hard, gray, poor quality, with limestone seams. Bottom of hole at 20.0 feet. 100 (0.5") 100 (0.75") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 15 feet, Rock Coring from 15 to 20 feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/28/19 COMPLETED 1/28/19 AFTER 15 MIN.7.6 ft INITIALLY ENCOUNTERED 12.0 ft AFTER 24 HR 6.2 ft FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 20 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-15 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 44242044 30 16 9 0.6 0.8 0.8 0.9 2.00 2.00 3.50 3.00 5-12-25 (37) 83 (17) ST ST ST ST SS AU TCP RC TCP FAT CLAY (CH) - Stiff, dark brown. SANDY LEAN CLAY (CL) - Very stiff, tan, calcareous. CLAYEY SAND (SC) - Very stiff, tan, calcareous. SANDY LEAN CLAY (CL) / LEAN CLAY WITH SAND (CL) - Very stiff, tan, calcareous. SHALE - Hard, gray, very poor quality, with limestone seams. Bottom of hole at 20.0 feet. 100 (0.75") 100 (2.5") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 15-feet, Rock Coring from 15 to 20-feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/29/19 COMPLETED 1/29/19 AFTER 15 MIN.7.1 ft INITIALLY ENCOUNTERED 11.0 ft AFTER 24 HR 5.0 ft FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 20 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-16 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 57231942 27 22 15 11123.5 1.0 0.5 0.9 1.0 0.8 2.50 3.00 3.50 3.50 3.50 82 (23) ST ST ST ST ST TCP RC TCP FAT CLAY (CH) - Stiff to vey stiff, dark gray. Light brown at 2 to 6 feet. SANDY LEAN CLAY (CL) - Very stiff, light brown, calcareous. FAT CLAY (CH) - Very stiff, light brown, with calcareous nodules. SHALE - Hard, gray, very poor quality, with limestone seams. Bottom of hole at 20.0 feet. 100 (3") 100 (1.5") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 15-feet, Rock Coring from 15 to 20-feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/29/19 COMPLETED 1/29/19 AFTER 15 MIN.7.5 ft INITIALLY ENCOUNTERED 12.0 ft AFTER 24 HR 6.4 ft FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 20 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-17 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 27131629 15 10 6 3 0.6 0.8 2.00 3.00 11-15-17 (32) 20-25-36 (61) 21-31-36 (67) 85 (25) ST ST SS SS SS AU TCP RC TCP FAT CLAY (CH) - Stiff, dark brown, calcareous. SANDY LEAN CLAY (CL) - Stiff to hard, tan, calcareous. CLAYEY SAND (SC) - Hard, tan, calcareous. SANDY LEAN CLAY (CL) - Tan, with limestone seams. SHALE - Hard, gray, poor quality, with limestone seams. Bottom of hole at 20.0 feet. 100 (1.25") 100 (0.75") NOTES GROUND ELEVATION LOGGED BY J.A. METHOD Auger 0 to 15-feet, Rock Coring from 15 to 20-feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY R.K DATE STARTED 1/29/19 COMPLETED 1/29/19 AFTER 15 MIN.7.2 ft INITIALLY ENCOUNTERED 11.0 ft AFTER 24 HR 5.0 ft FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 20 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER B-18 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 94552075 32 31 33 27 29 0.5 0.6 0.9 1.1 1.1 1.3 1.00 1.50 1.50 2.00 2.50 4.50+ 4.50+ 50/2" 27-21-47 (68) ST ST ST ST ST SS ST ST TCP SS FAT CLAY (CH) - Soft to hard, dark gray. With limestone fragments at 8- to 14-feet. Light brown, with calcareous nodules and limestone seams below 10-feet. SANDY LEAN CLAY (CL) / LEAN CLAY WITH SAND (CL) - Hard, tan, calcareous. LEAN TO FAT CLAY (CL-CH) - Hard, gray, calcareous. Bottom of hole at 30.0 feet. 50(1") 50(0.5") NOTES 140-lb Hammer used. GROUND ELEVATION LOGGED BY AP METHOD Auger HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY TA DATE STARTED 9/25/18 COMPLETED 9/25/18 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 20 25 30 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER PB-01 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 90 70 50 29 19 14 69 43 29 28 10 20 1.1 1.4 2.50 4.50+ 4.50+ 4.50+ 19-22-15 (37) ST ST AU SS ST ST TCP FAT CLAY (CH) - Stiff to hard, dark brown and brown, with limestone fragments. SANDY LEAN CLAY (CL) / LEAN CLAY WITH SAND (CL) - Very stiff, light brown and tan, with limestone seams. LEAN TO FAT CLAY (CL-CH) - Hard, tan, calcareous. Bottom of hole at 15.0 feet.50(0.75") 50(0.5") NOTES 140-lb Hammer used. GROUND ELEVATION LOGGED BY AP METHOD Auger HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY TA DATE STARTED 9/25/18 COMPLETED 9/25/18 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0.0 2.5 5.0 7.5 10.0 12.5 15.0 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER PB-02 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 76391857 20 20 23 31 1.3 1.5 1.3 0.6 1.4 4.50+ 4.50+ 1.50 2.50 4.50+ 4.50+ ST ST ST ST ST ST TCP FAT CLAY (CH) / FAT CLAY WITH SAND (CH) - Firm to hard, dark brown, brown and tan, with iron nodules and calcareous nodules. Calcareous below 4-feet. With gravel at 8- to 10-feet. Bottom of hole at 14.0 feet.50(0.75") 50(0.5") NOTES 140-lb Hammer used. GROUND ELEVATION LOGGED BY AP METHOD Auger HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY TA DATE STARTED 9/25/18 COMPLETED 9/25/18 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0.0 2.5 5.0 7.5 10.0 12.5 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER PB-03 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 76501767 24 21 16 15 15 1184.6 1.1 2.3+ 1.8 2.3+ 1.3 2.50 4.50+ 4.50+ 4.50+ 4.50+ 4.50+ ST ST ST ST ST ST TCP RC FAT CLAY WITH SAND (CH) / FAT CLAY (CH) - Stiff to hard, brown and light brown, with calcareous nodules. LEAN CLAY WITH SAND (CL) - Hard, light brown, with iron nodules and calcareous nodules. SHALEY FAT CLAY (CH) - Hard, tan. SHALE - Hard, dark gray, with limestone seams. Bottom of hole at 17.5 feet. 50(0.25") 50(0.25") NOTES 140-lb Hammer used. GROUND ELEVATION LOGGED BY AP METHOD Auger 0 - 14 feet, Rock Core 14- to 17.5-feet HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY TA DATE STARTED 9/26/18 COMPLETED 9/26/18 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0 5 10 15 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER PB-04 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 9247216831 29 20 171164.1 0.8 2.0 1.8 0.8 1.00 4.50+ 4.50+ 4.50+ 1.50 4.50+ ST ST ST ST ST ST TCP FAT CLAY (CH) / FAT CLAY WITH SAND (CH) - Soft to hard, dark gray. SANDY LEAN CLAY (CL) - Hard, light brown and tan, and calcareous. LEAN TO FAT CLAY (CH) - Firm to hard, light gray and tan, calcareous, with limestone fragments. Bottom of hole at 15.0 feet.50(0.5") 50(0.25") NOTES 140-lb Hammer used. GROUND ELEVATION LOGGED BY AP METHOD Auger HOLE SIZE CONTRACTOR GES GROUND WATER LEVELS: CHECKED BY TA DATE STARTED 9/26/18 COMPLETED 9/26/18 AFTER 15 MIN.Not Encountered INITIALLY ENCOUNTERED Not Encountered AFTER 24 HR ---FINES CONTENT(%)PLASTICITYINDEXPLASTICLIMITLIQUIDLIMITATTERBERG LIMITS MOISTURECONTENT (%)DRY UNIT WT.(pcf)ConfiningPressure (psi)CompressiveStrength (tsf)TORVANE(tsf)POCKET PEN.(tsf)BLOWCOUNTS(N VALUE)RECOVERY %(RQD)SAMPLE TYPENUMBERDEPTH(ft)0.0 2.5 5.0 7.5 10.0 12.5 15.0 GRAPHICLOGMATERIAL DESCRIPTION TCPBORING NUMBER PB-05 PAGE 1 OF 1 CLIENT Hines Acquisitions, LLC PROJECT NUMBER 18-0693 PROJECT NAME Alliance FM 156 – Buildings A & B PROJECT LOCATION Fort Worth, Texas TCP TEMPLATE REVISED 18-0693 - TCP.GPJ TCP DATA TEMPLATE.GDT 2/21/19Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Drive, Houston, TX 77062 Telephone : 281-469-3347; Fax: 281-469-3347 3 5 ABSORPTION SWELL TEST (ASTM D4546) RESULTS Boring No.B-01 B-02 B-04 B-05 B-06 B-07 0.8 0.8 0.8 0.8 Average Sample Depth (ft)7 7 3 7 0.8 Sample Diameter (in)2.5 2.5 2.5 2.5 2.5 2.5 Sample Height (in)0.8 Initial Sample Volume (cu in)3.93 3.93 3.93 3.93 3.93 3.93 Initial Sample Weight (gr)136.1 125.1 130.4 133.3 136.3 15 30 137.1 Initial Moisture (%)14 32 23 16 10 15 121 126 129 132 Final Moisture (%)16 -25 23 133 Initial Dry Unit Weight (pcf)116 92 103 111 120 116 Initial Wet Unit Weight (pcf)132 Applied Over Burden (psi)6.7 6.7 2.6 6.7 2.6 Initial Dial Reading (in)0.0290 0.0523 0.0289 0.0192 0.0038 0.0294 0.0203 0.0044 4.7 0.0252 0.0252 0.00 Final Dial Reading (in)0.0290 Swell (%)0.00 0.04 0.06 0.14 0.08 0.0526 Project No.: 18-0693 5 3 ABSORPTION SWELL TEST (ASTM D4546) RESULTS Boring No.B-08 B-09 B-10 B-11 B-12 B-13 0.8 0.8 0.8 0.8 Average Sample Depth (ft)3 7 7 1 0.8 Sample Diameter (in)2.5 2.5 2.5 2.5 2.5 2.5 Sample Height (in)0.8 Initial Sample Volume (cu in)3.93 3.93 3.93 3.93 3.93 3.93 Initial Sample Weight (gr)125.3 132.1 128.6 124.4 127.0 28 28 125.3 Initial Moisture (%)26 17 15 30 24 28 128 125 121 123 Final Moisture (%)29 19 20 33 121 Initial Dry Unit Weight (pcf)97 110 109 93 99 95 Initial Wet Unit Weight (pcf)121 0.0272 0.0290 Applied Over Burden (psi)2.6 6.7 6.7 0.8 4.7 0.0354 0.0282 0.0350 0.0309 2.6 Initial Dial Reading (in)0.0562 0.0171 0.0282 0.0276 0.0295 Swell (%)0.05 2.29 0.00 0.93 0.46 0.06 Final Dial Reading (in)0.0566 Project No.: 18-0693 ABSORPTION SWELL TEST (ASTM D4546) RESULTS Boring No.B-14 B-14 B-15 B-16 0.8 0.8 0.8 Average Sample Depth (ft)5 9 5 7 Sample Diameter (in)2.5 2.5 2.5 2.5 Sample Height (in)0.8 Initial Sample Volume (cu in)3.93 3.93 3.93 3.93 Initial Sample Weight (gr)124.6 130.4 127.0 136.5 Initial Moisture (%)27 17 20 22 126 123 132 Final Moisture (%)28 19 25 Initial Dry Unit Weight (pcf)95 108 103 109 Initial Wet Unit Weight (pcf)121 Applied Over Burden (psi)4.7 6.7 4.7 6.7 0.0150 0.0199 0.0254 Initial Dial Reading (in)0.0080 0.0150 0.0146 0.0254 Swell (%)0.31 0.00 0.66 0.00 Final Dial Reading (in)0.0105 Project No.: 18-0693 - 5 ABSORPTION SWELL TEST (ASTM D4546) RESULTS Boring No.PB-01 PB-03 PB-04 0.8 0.8 Average Sample Depth (ft)3 7 Sample Diameter (in)2.5 2.5 2.5 Sample Height (in)0.8 Initial Sample Volume (cu in)3.93 3.93 3.93 Initial Sample Weight (gr)119.6 123.6 134.8 21 Initial Moisture (%)31 25 17 120 131 Final Moisture (%)34 28 Initial Dry Unit Weight (pcf)88 96 112 Initial Wet Unit Weight (pcf)116 Applied Over Burden (psi)2.6 6.7 4.7 Initial Dial Reading (in)0.0330 0.0274 0.0261 0.0590Final Dial Reading (in)0.0361 Swell (%)0.39 1.08 4.11 0.0360 Project No.: 18-0693 UNCONFINED COMPRESSION TEST UNCONFINED COMPRESSION TEST Gorrondona Engineering Services, Inc. Houston, Texas Project No.: 18-0693 Date Sampled: 09/26/18 Remarks: Figure Client:Hines Acquisitions, LLC Project:Alliance 156 Location: Boring PB-04 Sample Number: 4 Depth: 6' - 8' Description: Brown FAT CLAY WITH SAND (CH) LL = PI = PL = GS= 2.72 Type: Shelby Tube Sample No. Unconfined strength, tsf Undrained shear strength, tsf Failure strain, % Strain rate, in./min. Water content, % Wet density, pcf Dry density, pcf Saturation, % Void ratio Specimen diameter, in. Specimen height, in. Height/diameter ratio 1 4.642 2.321 0.9 0.321 15.2 135.5 117.7 93.1 0.4429 2.76 5.75 2.08Compressive Stress, tsf0 1.5 3 4.5 6 Axial Strain, % 0 0.25 0.5 0.75 1 1 UNCONFINED COMPRESSION TEST UNCONFINED COMPRESSION TEST Gorrondona Engineering Services, Inc. Houston, Texas Project No.: 18-0693 Date Sampled: 09/26/18 Remarks: Figure Client:Hines Acquisitions, LLC Project:Alliance 156 Industrial Park Location: Boring PB-05 Sample Number: 5 Depth: 8' - 10' Description: Tan SHALEY FAT CLAY (CH) LL = PI = PL = GS= 2.72 Type: Shelby Tube Sample No. Unconfined strength, tsf Undrained shear strength, tsf Failure strain, % Strain rate, in./min. Water content, % Wet density, pcf Dry density, pcf Saturation, % Void ratio Specimen diameter, in. Specimen height, in. Height/diameter ratio 1 4.132 2.066 6.5 1.000 16.9 135.4 115.8 98.7 0.4666 2.76 5.75 2.08Compressive Stress, tsf0 1.5 3 4.5 6 Axial Strain, % 0 2.5 5 7.5 10 1 Tested By: L.R Checked By: R.K UNCONFINED COMPRESSION TEST UNCONFINED COMPRESSION TEST Gorrondona Engineering Services, Inc. Houston, Texas Project No.: 18-0693 Date Sampled: 1/30/2019 Remarks: Figure Client: Hines Project: Alliance FM 156 Buildings A & B Location: Boring B-10 Sample Number: 4 Depth: 6' - 8' Description: Light brown SANDY LEAN CLAY (CL). LL = PI = PL = GS= 2.72 Type: Shelby Tube Sample No. Unconfined strength, tsf Undrained shear strength, tsf Failure strain, % Strain rate, in./min. Water content, % Wet density, pcf Dry density, pcf Saturation, % Void ratio Specimen diameter, in. Specimen height, in. Height/diameter ratio 1 0.870 0.435 6.0 1.000 16.0 128.6 110.9 81.7 0.5318 2.68 5.75 2.15Compressive Stress, tsf0 0.25 0.5 0.75 1 Axial Strain, % 0 2.5 5 7.5 10 1 Tested By: L.R Checked By: R.K UNCONFINED COMPRESSION TEST UNCONFINED COMPRESSION TEST Gorrondona Engineering Services, Inc. Houston, Texas Project No.: 18-0693 Date Sampled: 1/28/2019 Remarks: Figure Client: Hines Project: Alliance FM 156 Buildings A & B Location: Boring B-14 Sample Number: 4 Depth: 6' - 8' Description: Light brown SANDY LEAN CLAY (CL). LL = PI = PL = GS= 2.72 Type: Shelby Tube Sample No. Unconfined strength, tsf Undrained shear strength, tsf Failure strain, % Strain rate, in./min. Water content, % Wet density, pcf Dry density, pcf Saturation, % Void ratio Specimen diameter, in. Specimen height, in. Height/diameter ratio 1 1.131 0.566 6.8 1.001 19.8 131.7 109.9 98.8 0.5444 2.74 5.75 2.10Compressive Stress, tsf0 0.5 1 1.5 2 Axial Strain, % 0 5 10 15 20 1 Tested By: L.R Checked By: R.K UNCONFINED COMPRESSION TEST UNCONFINED COMPRESSION TEST Gorrondona Engineering Services, Inc. Houston, Texas Project No.: 18-0693 Date Sampled: 1/31/2019 Remarks: Figure Client: Hines Project: Alliance FM 156 Buildings A & B Location: Boring B-04 Sample Number: 5 Depth: 8' - 10' Description: Tan FAT CLAY WITH SAND (CH). LL = PI = PL = GS= 2.72 Type: Shelby Tube Sample No. Unconfined strength, tsf Undrained shear strength, tsf Failure strain, % Strain rate, in./min. Water content, % Wet density, pcf Dry density, pcf Saturation, % Void ratio Specimen diameter, in. Specimen height, in. Height/diameter ratio 1 0.802 0.401 8.5 0.999 14.2 127.6 111.7 74.3 0.5197 2.67 5.75 2.15Compressive Stress, tsf0 0.25 0.5 0.75 1 Axial Strain, % 0 5 10 15 20 1 Tested By: L.R Checked By: R.K UNCONFINED COMPRESSION TEST UNCONFINED COMPRESSION TEST Gorrondona Engineering Services, Inc. Houston, Texas Project No.: 18-0693 Date Sampled: 1/29/2019 Remarks: Figure Client: Hines Project: Alliance FM 156 Buildings A & B Location: Boring B-12 Sample Number: 5 Depth: 8' - 10' Description: Light brown SANDY LEAN CLAY (CL). LL = PI = PL = GS= 2.72 Type: Shelby Tube Sample No. Unconfined strength, tsf Undrained shear strength, tsf Failure strain, % Strain rate, in./min. Water content, % Wet density, pcf Dry density, pcf Saturation, % Void ratio Specimen diameter, in. Specimen height, in. Height/diameter ratio 1 0.783 0.392 9.3 1.000 18.5 129.0 108.8 89.8 0.5602 2.71 5.75 2.12Compressive Stress, tsf0 0.25 0.5 0.75 1 Axial Strain, % 0 5 10 15 20 1 Tested By: L.R Checked By: R.K UNCONFINED COMPRESSION TEST UNCONFINED COMPRESSION TEST Gorrondona Engineering Services, Inc. Houston, Texas Project No.: 18-0693 Date Sampled: 1/29/2019 Remarks: Figure Client: Hines Project: Alliance FM 156 Buildings A & B Location: Boring B-17 Sample Number: 5 Depth: 8' - 10' Description: Light brown FAT CLAY (CH). LL = PI = PL = GS= 2.72 Type: Shelby Tube Sample No. Unconfined strength, tsf Undrained shear strength, tsf Failure strain, % Strain rate, in./min. Water content, % Wet density, pcf Dry density, pcf Saturation, % Void ratio Specimen diameter, in. Specimen height, in. Height/diameter ratio 1 0.515 0.258 4.2 1.000 10.6 136.2 123.1 75.9 0.3790 2.69 5.75 2.14Compressive Stress, tsf0 0.15 0.3 0.45 0.6 Axial Strain, % 0 2.5 5 7.5 10 1 GES Project No. 18-0693 Alliance 156 -Buildings A & B AERIAL PHOTOGRAPH – 2018 GES Project No. 18-0693 Alliance 156 -Buildings A & B AERIAL PHOTOGRAPH - 2017 GES Project No. 18-0693 Alliance 156 -Buildings A & B AERIAL PHOTOGRAPH - 2016 GES Project No. 18-0693 Alliance 156 -Buildings A & B AERIAL PHOTOGRAPH - 2013 GES Project No. 18-0693 Alliance 156 -Buildings A & B AERIAL PHOTOGRAPH - 2009 GES Project No. 18-0693 Alliance 156 -Buildings A & B AERIAL PHOTOGRAPH - 2005 GES Project No. 18-0693 Alliance 156 -Buildings A & B AERIAL PHOTOGRAPH - 2003 GES Project No. 18-0693 Alliance 156 -Buildings A & B AERIAL PHOTOGRAPH - 2001 GES Project No. 18-0693 Alliance 156 -Buildings A & B AERIAL PHOTOGRAPH - 1995 Appendix E ‐ USGS Topographic Map GES Project No. 18-0693 Alliance 156 -Buildings A & B USGS TOPOGRAPHIC MAP Appendix F ‐ Site Photographs GES Project No. 18-0693 Alliance 156 -Buildings A & B SITE PHOTOGRAPHS Facing Southeast at Boring B-02 Facing Southwest at Boring B-03 Facing South at Boring B-13 Facing North at Boring B-14 GES Project No. 18-0693 Alliance 156 -Buildings A & B SITE PHOTOGRAPHS Facing Northwest at Boring B-15 Facing South at Boring B-18 Appendix G ‐ Geologic Information GES Project No. 18-0693 Alliance 156 -Buildings A & B GEOLOGIC ATLAS Mineral Resources On-Line Spatial Data Mineral Resources > Online Spatial Data > Geology > by state > Texas Fort Worth Limestone and Duck Creek Formation, undivided Fort Worth Limestone and Duck Creek Formation, undivided State Texas Name Fort Worth Limestone and Duck Creek Formation, undivided Geologic age Phanerozoic | Mesozoic | Cretaceous-Early Original map label Kfd Comments Fort Worth Limestone, limestone and clay. Ls aphanitic to biosparite, burrowed; marine megafossils are Pecten, oysters, echinoids, and ammonites. Clay, calcareous, in units 0.1-5 ft thick, forms low rolling hills. Thickness 25- 35 ft. Duck Creek Ls., limestone and marl. ls med. bedded, nodular to wavy bedded; thickness 25-30 ft. Primary rock type limestone Secondary rock type mudstone Other rock types clay or mud Lithologic constituents Major Sedimentary > Carbonate > Limestone (Bed) Minor Unconsolidated > Fine-detrital > Clay (Bed) Unconsolidated > Marl (Bed) Map references Bureau of Economic Geology, 1992, Geologic Map of Texas: University of Texas at Austin, Virgil E. Barnes, project supervisor, Hartmann, B.M. and Scranton, D.F., cartography, scale 1:500,000 Unit references Bureau of Economic Geology, 1972, Dallas sheet, Geologic Atlas of Texas, Bureau of Economic Geology, University of Texas at Austin, scale 1:250,000. Bureau of Economic Geology, 1970, Waco Sheet, Geologic Atlas of Texas, University of Texas, Bureau of Economic Geology, scale 1:250,000. Geographic coverage Cooke - Denton - Grayson - Montague - Tarrant - Wise Show this information as [XML] U.S. Department of the Interior | U.S. Geological Survey URL: http://mrdata.usgs.gov/geology/state/sgmc-unit.php?unit=TXKfd;0 Page Contact Information: Peter Schweitzer Mineral Resources On-Line Spatial Data Mineral Resources > Online Spatial Data > Geology > by state > Texas Pawpaw Formation, Weno Limestone, and Denton Clay, undivided Pawpaw Formation, Weno Limestone, and Denton Clay, undivided State Texas Name Pawpaw Formation, Weno Limestone, and Denton Clay, undivided Geologic age Phanerozoic | Mesozoic | Cretaceous-Early Original map label Kpd Comments Pawpaw--calcareous marl, near middle soft ledge- forming limestone bed, unit as a whole recessive; thickness as much as 10 ft, thins southward. Weno Limestone, some very thin marl interbeds, thin to medium bedded, white to grayish yellow, basal 2-4- ft- thick resistant ledge forms uplands; thickness 6-45 ft. Denton clay alternating clay, marl, and limestone. Thickness 6-25 ft thins southward. Primary rock type mudstone Secondary rock type limestone Other rock types clay or mud Lithologic constituents Major Sedimentary > Clastic > Mudstone > Claystone (Bed) Minor Sedimentary > Carbonate > Marlstone (Bed) Sedimentary > Carbonate > Limestone (Bed) Map references Bureau of Economic Geology, 1992, Geologic Map of Texas: University of Texas at Austin, Virgil E. Barnes, project supervisor, Hartmann, B.M. and Scranton, D.F., cartography, scale 1:500,000 Unit references Bureau of Economic Geology, 1972, Dallas sheet, Geologic Atlas of Texas, Bureau of Economic Geology, University of Texas at Austin, scale 1:250,000. Counties Cooke - Denton - Grayson - Tarrant Show this information as [XML] - [JSON] U.S. Department of the Interior | U.S. Geological Survey URL: http://mrdata.usgs.gov/geology/state/sgmc-unit.php?unit=TXKpd;0 Page Contact Information: Peter Schweitzer Appendix H ‐ Unified Soil Classification System  (50% mixtures clays GW SANDS AND AND ORGANIC SOILS 50% 50% SW GM SM ML MH PT GP SP GC SC CL CH OL OH UNIFIED SOIL CLASSIFICATION AND SYMBOL CHART COARSE-GRAINED SOILS FINE-GRAINED SOILS (more than 50% of material is larger than No. 200 sieve size.) or more of material is smaller than No. 200 sieve size.) Well-graded gravels, gravel-sand mixtures, little or no fines Clean Gravels (Less than 5% fines) Clean Sands (Less than 5% fines) Gravels with fines (More than 12% fines) Sands with fines (More than 12% fines) Well-graded sands, gravelly sands, little or no fines Silty gravels, gravel-sand-silt mixtures Silty sands, sand-silt mixtures Inorganic silts and very fine sands, rock flour, silty of clayey fine sands or clayey silts with slight plasticity Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, lean clays Inorganic silts, micaceous or diatomaceous fine sandy or silty soils, elastic silts Peat and other highly organic soils Poorly-graded gravels, gravel-sand mixtures, little or no fines Poorly graded sands, gravelly sands, little or no fines Clayey gravels, gravel-sand-clay Clayey sands, sand-clay mixtures Inorganic clays of high plasticity, fat Organic silts and organic silty clays of low plasticity Organic clays of medium to high plasticity, organic silts GRAVELS SILTS CLAYS SILTS CLAYS HIGHLY More than 50% of coarse fraction larger than No. 4 sieve size 50% or more of coarse fraction smaller than No. 4 sieve size Liquid limit less than Liquid limit or greater LABORATORY CLASSIFICATION CRITERIA GW greater than 4;between 1 and 3==CC DD DDDuc 60 30 x1010 60 GP Not meeting all gradation requirements for GW GM Atterberg limits below "A" line or P.I. less than 4 Above "A" line with P.I. between 4 and 7 are borderline cases GC Atterberg limits above "A"requiring use of dual symbols line with P.I. greater than 7 SW greater than 4;between 1 and 3==CC DD DDDuc 60 30 x1010 60 SP Not meeting all gradation requirements for GW SM Atterberg limits below "A" line or P.I. less than 4 Limits plotting in shaded zone with P.I. between 4 and 7 are borderline cases requiring use of dual symbols. SC Atterberg limits above "A" line with P.I. greater than 7 Determine percentages of sand and gravel from grain-size curve. Depending on percentage of fines (fraction smaller than No. 200 sieve size), coarse-grained soils are classified as follows: Less than 5 percent GW, GP, SW, SP More than 12 percent GM, GC, SM, SC 5 to 12 percent Borderline cases requiring dual symbols 60 50 40 30 20 10 0 0 CL CL+ML CH 60 70 80 90 100 MH&OH ML&OL PLASTICITY CHART 10 20 30 40 50 LIQUID LIMIT (LL) (%)PLASTICITY INDEX (PI) (%) A LINE: PI = 0.73(LL-20) TERMS DESCRIBING SOIL CONSISTENCY Fine Grained Soils Coarse Grained Soils Description Soft Firm Stiff Very Stiff Hard Penetrometer Reading (tsf) 0.0 to 1.0 1.0 to 1.5 1.5 to 3.0 3.0 to 4.5 4.5+ Penetration Resistance (blows/ft) 0 to 4 4 to 10 10 to 30 30 to 50 Over 50 Description Very Loose Loose Medium Dense Dense Very Dense Relative Density 0 to 20% 20 to 40% 40 to 70% 70 to 90% 90 to 100% UNIFIED SOIL CLASSIFICATION SYSTEM