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Contract 56809-PM1
CSG No. 56809-PM1 F��RT��RTH PR�JE['T 11�T�NLT�L Fou THE C�NSTRLTCTI�N �F y� crtef ; Se-wet�, Pa� r�g, Dr•a incrge c� St�•eei L igh t Im��o�eme�ts to Sef�ve Bat� C Ra�ch Phcrse 1� IPRC Recaz•d Na. IPRC2D-001S Cit�� Pz•aject Na.102��� FID Na. 3411�-0200431-1�24�4-E07685 File No. �'-26-� Y Frle Na. X-2tS28-� Nlattie Parker Da�id Cooke Mayor Ciry 11'Ianager C�uis Harder Director, L�i�ater Departnlent Williarn .Tahnson Directar, TI'c3I15�]�1�at10I1 c�I]C� P�LbI1C WOI'�CS D��3r�L'f1I1�I]C PrePared for The City af Fort VL'orth JAIVUARY ?0?? LJA ENGIhIEERING TEYAS REGISTRATIO�i F-1386 3�17 W�t" 5treet, 5uite 30a Fort Wvrth, TX l61 �2 � �P�� a� Te` �1�� � ��.� , . �.;v�' �� I�* '� � �' * ' �-�--=---�-� .................:...� �LAUREN M. GILSTRAP � �------�-� ...................... �. "9�� 105a9� •"�� : �, ���{ F { � �' � N ���G��'�i D��►:���1A� ���+ . 27 JAN 2022 �FFICIAL REC�RO GITY SECRETARY FT. WORTH, TX 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 CITY OF FORT WORTH Bar C Ranch Phase 10 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102444 Revised March 20, 2020 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 00 11 13 Invitation to Bidders 03/20/2020 00 21 13 Instructions to Bidder 03/20/2020 00 41 00 Bid Form 04/02/2014 00 42 43 Proposal Form Unit Price 05/22/2019 00 43 13 Bid Bond 04/02/2014 00 45 11 Bidders Prequalification’s 04/02/2014 00 45 12 Prequalification Statement 09/01/2015 00 45 13 Bidder Prequalification Application 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 00 45 40 Minority Business Enterprise Goal 08/21/2018 00 52 43 Agreement 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects 01/10/2013 Division 01 - General Requirements Last Revised 01 11 00 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 01 31 20 Project Meetings 07/01/2011 01 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 CITY OF FORT WORTH Bar C Ranch Phase 10 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102444 Revised March 20, 2020 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City’s website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProjectResources/ Division 02 - Existing Conditions Last Revised 02 41 13 Selective Site Demolition 12/20/2012 02 41 14 Utility Removal/Abandonment 12/20/2012 02 41 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 11/22/2013 26 05 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi-Duct Conduit 02/26/2016 Division 31 - Earthwork 31 10 00 Site Clearing 12/20/2012 31 23 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 36 00 Gabions 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 12/20/2012 32 01 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 12/20/2012 32 11 37 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 Asphalt Paving 12/20/2012 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 32 13 13 Concrete Paving 12/20/2012 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 13 73 Concrete Paving Joint Sealants 12/20/2012 32 14 16 Brick Unit Paving 12/20/2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 CITY OF FORT WORTH Bar C Ranch Phase 10 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102444 Revised March 20, 2020 32 17 23 Pavement Markings 11/22/2013 32 17 25 Curb Address Painting 11/04/2013 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 32 32 13 Cast in Place Concrete Retaining Walls 06/05/2018 32 91 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Hydro-Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 10 Joint Bonding and Electrical Isolation 12/20/2012 33 04 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 33 05 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 33 05 12 Water Line Lowering 12/20/2012 33 05 13 Frame, Cover and Grade Rings Cast Iron 01/22/2016 33 05 13.10 Frame, Cover and Grade Rings Composite 01/22/2016 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 12/20/2012 33 05 16 Concrete Water Vaults 12/20/2012 33 05 17 Concrete Collars 12/20/2012 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand Tunneling 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 33 11 13 Concrete Pressure Pipe, Bar Wrapped, Steel Cylinder Type 12/20/2012 33 11 14 Buried Steel Pipe and Fittings 12/20/2012 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Large Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 12/20/2012 33 12 21 AWWA Rubber Seated Butterfly Valves 12/20/2012 33 12 25 Connection to Existing Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 12 40 Fire Hydrants 01/03/2014 33 12 50 Water Sample Stations 12/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 CITY OF FORT WORTH Bar C Ranch Phase 10 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102444 Revised March 20, 2020 33 12 60 Standard Blow-off Valve Assembly 06/19/2013 33 31 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 12/20/2012 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Traffic Signals 10/12/2015 34 41 10.01 Attachment A Controller Cabinet 12/18/2015 34 41 10.02 Attachment B Controller Specification 02/2012 34 41 10.03 Attachment C Software Specification 01/2012 34 41 11 Temporary Traffic Signals 11/22/2013 34 41 13 Removing Traffic Signals 12/20/2012 34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013 34 41 16 Pedestrian Hybrid Signal 11/22/2013 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single-Mode Fiber Optic Cable 02/26/2016 34 71 13 Traffic Control 11/22/2013 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 CITY OF FORT WORTH Bar C Ranch Phase 10 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102444 Revised March 20, 2020 Appendix GC-4.01 Subsurface and Physical Conditions GR-01 60 00 Product Requirements END OF SECTION WRIGHT CONSTRUCTION CO., INC. lL'�.Si I}.\F . )il I} I'R{}Pf%5.37.. Yi�t I rc ? 9EC7JON {}0 42 43 �evalape• Awa�dea Prcjecks - PROPp�AL FORM 6ar C Ranch Phase 1� ��N ' C24�4 U�VIT PF�I�E BID 3rc��::- :-c�,�. �:,-a: �� �;:; �,,��. idl�_' l.:rr _ �,C�[f��}�:fir: z;�. 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Class III �sa�.��o� ��� �ox c„I,��rt ?34'.220? y2zfi BOk �,ilv�rt 3?49.�009 4' �toTn J.,r.GkiCn BGx �3�9 C�02 5' StOrr.l JunCtiofl BOx ;s3f 9 4C�a3 6' Starm Junctian Box ��34�.U1:r; 3� Ro�rd �12nh01e RiSeY '34v.2C13 �'��� Paral el Me��v��!I, 1 p pe ?345.50C2 'I���' �u� Inlet 5999.;�005 PV'd-14:1 'd�F�a�v�a I �-12'x6' R�B I3y 2a v��, �31 37 C�� i.}L J� � J ��'��J 1� �3aC5'7 33�1 ;0 3341 10 '�� 41 10 3'4110 3� 41 10 3? 4" 1 � �� �; 7�� �34 �1 1G '3��9'.0 3349'0 34 4� 10 �3 4� 14 33 �9 a� 33 49 20 00 .�0 CC� �� I 1 9Y 48w LF 3Qw LF 3�61 EA 3 LF 346 LF 132� LF �� LF 3v�y LF 437 LF 361 �F � 3'} L� 34{ EA 7 EA 1 EF1 1 EA 1 EA 1 EA 2C EF4 2 55,560.4D S9a.�0 .}� f�.t14J $1.C:� S�3$-��D 56y OG �6� 00 $?'. �� $8�.0(: $' 14.QC Sy 7�. �0 s���.00 $924.DQ S4. �E S.00 ��.182.00 . 57, 227.00 5�,58t�.�0 S?, v 97.���0 55.�s2�.�� � 79.430.�:� 5�, 50�7.00 $45.a5!� OC �5w 328 OC � 53,5C�1.:�0 �' .�14.���0 32' .106.:�0 v5'.425.46 �� C94.0,� 5?� ��2.4�i 5� 5.81 �5.0�� Ss�.e7�.o� ss�.ocz.oc �318.78:r.0� $�1,935.R0 $S 182 4�J $7 227 G� �2.��� 00 $7.��7.OG 5112.a�� 0� S" 58.9fi4.0� C.T4� {}f I{�k I 51'{�H I H s�r.x�n aRR COhSZ"tL"CT[Q� SFT.0 i i��C..x i i On i x K'i.'�iF�iS - dE�'CL4YYR nw,�xi�F.i� NRWE{TS farn: kcrcirv� \�rr„ "Il'1 BRi C' Rnnrh P]JLOJ] -2 ]a_k5�� Ikn�x�}I_I}4P �Ix 1] a � as I}41' - H]f} pHf)f'{]¢,{� F1aoc' nf' ���� �1"��4� G�L.� .._, .._...I �� k'I �hl Iti �! I �{t ���T���i ������ Developer Ativarded ProjeCtS - PR�P��AL FORM B�r C Ranch Ph89e 1 p. �P�l 102�44 �I[�{i@1''� ��]�]�I���IOFI }-o. :��- : c. r.: : r.'o.�:7�. s- n ^ -'s:w , r: } ; _cx•_::I ' "��.i � I�;J Sj1x`.=�.9-i�y.. �.':1::�� \i � M1� l n��'it•.� L+'�J l'.�_t:e ?�1K::�L��c �,}U:.SnLILj . f�l� �uiis���irs UNIT I WATER Jr�1PROVEMENTS 559C,223.D0 4JNIT II: �ANITA,RY SEWER IMPROVEhiENTS � 55?3�3g2.'?p �h�1T III DF{J�INA�E 1�1PR01�E�ENT� 51.q17 1.5g.�(} ..� . ...... .......... UNIT Ill: PAVING IhAPROVEMEh]T� UNIT V. �TF�EET LIGHTING IP.�PROVEh�1ENT� � kJNIT VI TRP�FFIC 51GNAL Ih,1PR�VE�4IENT� T(�S3j{'fY�i5I�1�f1�VfILt11I ����������.d� 'I'his $id is subinl[[ed b;' ille ei�lil� namecl hrinx� e��ue�x; ��x � _,.� � �,�;�.,���:«�,�� ; , . i,�;�. .� , i �.�. �x ��i ���,�{�� r, - �;: ,. , , � , ... � n��� ra�•[n r;� yr� �u ��um�ylrlc \�'DR1L far FI\ �I. .tCC'F. PT.'41 C:F. wi�l��n �fFtiTR�C'C eumnarncrxiu run as providcd in #hr#:cnerfll C'oudiripuy, �3 TfTI I D 1TF.= L� 13 Of �r L��I�![l� �=n� or rr,a1 �+�oani 4'I'a�n4RI1 C{1�'S R1.C'CIO\ $PICD°I{.�7I4\ L'n7{-'L..Lik.� I ti- I}F'\'F'I.f}I'F.R AWhil6EDPC{OfE,CLS I�arn: kcrc„�: k�4'__ xs;�J � r,i� 44'h["�iYllj� Ilsrf� �Yf[P.r [Iir (11�Y w'h�n tht liari•R���_��I�HIi.�tM;1yS; BodPropa�l D.i['xLs UU4512-! PREQUAI.I�i�ATIOTd STATE�i�Ni Pagc I of 1 Z 3 4 5 6 7 8 9 1� 11 12 13 14 15 16 17 18 l4 20 21 22 23 24 �5 2b 27 2$ sECTro�� oo as �z PREQ[JALIFICATI�N STATF.MENT Each $idder fnr a City procur�ment is required tv carnplete the inforrnation belaw by identifying the prequali�ed coniraGtars andlor suhcflntractors whan� they intend ta utilize fnr the major work type:(s) list�d. Major Work Typ e �Yater arad �astcwater �Vew Developmcni D�ert Ct�t (rl1l Contractar�'Subcantracior �ampany Name VJrig$t Gonstruction Co., Inc prequalification Expiratinn Date 413�12fl22 The undersigne[i hereby certifies #hai the Contractors andlor subGnntracfnrs descri�e� in thc tahle abo�e arc currently �requ�lified far the vvark types listed. �3IDDER: Vdri�ht Canstructi�n Ca. Inc._ _ F3y: K le Maxsh - - Cc�mpany �p b0 4 Vit Wall Street 5igna�ure: Address d Gra4ae��ine. TX 7G051_ C�itylStatclGip Tit1e: Presidcnt (Please 1'rint) I]ate: - - �.4�'� END �F SEC'�'I�N crrxoE� roR�i woxTH STANbARB C[JNSTRUC�'TI�iV 5PFCIFICA'F'1�N DOCLINIE\T5 �ZL"Y1SC(� ]UI}' 1, i41 � =•...r- ��.,..t. ��i.:...: ,r� OU4526-1 GOlVTiLAC'�"QRCO1w1PLIAN�E W1T'}3 �idRiCER'S COhf�3��JSATION [�AW' Pagc 1 o f 1 2 3 4 5 G � S 9 io i1 ]2 13 14 15 1b 1? 38 i9 20 �1 22 23 24 2S 25 27 28 29 3d 31 32 33 34 3S 3G �� 38 39 40 sFc���orr an �s �� CONTRACTOlt CflM�LIANCE WITH W�ItKFR'S CL7MPENSATIUN LAW Pursuant to 'I�exas Labnr Cncie Sectian 4[�6.{396(a}, as am�nded, Contractar certifies thai it pro�ides warker's compensation insur�inc� cnveragc for all of its employees employed on City Prnje�t No. .1 i}?lr��. Contractor further certifies that, �ursuant �o Texas Labor Cade, Sectinn 4UG.q96(b), as amcnded; it will pro�idc to City its subconiractor's certifiCaics of cnrnpliance u�ith worker's Gompensation �o;°erage. caN�xacT�R: Wright Construction Ca., Lnc. By: K 1� Marsh � Cnrnpany e 6�1 4L� Wall Street Si�mature: Address - Cira�evine, X 76051 Title: President CitylStatedZip �[Ptease Print) �1'I �E STAT�. UF 7'EXAS COL1vTY �F 'I'A1�RAN7' § � BEFOR�,IVIF, the undersi�ncd authority, on this day persnnaily appcared � t, known tn me to he the person whose name is :� ti. � �` �'::: �--- , subS�riUeCI to the fore�oing insfrument, and acknowicdged to me that hclshe exeGuted the same as the act artd deed af '� f`1. �.�� � for the purposes and cnnsideration therein expr�ssed and in ihe capacity thcrcin stated. GIVF:N UNDFR MY F��ND ANI7 SEAL C7F f)FPIC�; this � day af .��, , . - � � ��-- S �.,,,,,�- .�.___�..�K�.��.-_.�_>�-� � , , ' . _ � t , ,. ,� ,.� W�,.,� -� r 1 _ � � � ,�r,.V,G�f a�� �o�a�.asotv �' -= - �8� Nata �'ublic in and far the State af Texas zr� � No1ary Puplic, 5tate of i2xa5 � *: * •�:` Gomm, Expir�:s oi�2��2n23 ���� I+�otary Id 11?709Bfi '6��'� ' � '- `�"`� v��F ND �F SECTI�N t:l'fY OF TC]K'f WdFLTIi 5TA4 UA RD CO�ISTRL�C� C[DN 5PEC:LF'[CATIOIY DQCLfl41ENT5 Revisc:d luly 1, 2011 h�ir C F.ancli !'h,rs_ 1 t! [:'1'.i':'4'r�. }rl��i4� �acuSign Envelape 10: 1QE592A�28C2-0354-96&8-J10A8F1A7481 445243-1 I}cveloper Arrarded Projecf Agraement P�ge ]. a�'� s�cTrvrr aa sa a� AC'iREENIENT �} '�'IdIS AGREEMEI';1T, authari�ed an o1�2s�2o22 is �de b� and between ihe Developer, S Fvrestar {T.TSA y Raal Estate Grau _� Inc., authorized to do husin�s� iw Texas ("Develaper"} , and 6 �iTri�ht Canstr�uc�iotx Ca.. Inc. , aut��ri�ed to do husiness in 'I'exas, acting by and 7 through its duly authorized representative, ("(:ontracto�'). 8 Developer and Cvntraciar, in cvnsidera�ian of ihe mutual ca�enanis hereinaftex set farth, agree as 9 follQws: 10 11 12 l3 1� lS i6 17 18 19 24 21 22 Article 1. WQ1iK Contractar shall complete all Work as spocified or ir�dicgted ixi the Contraot Documents for the Project identified herein. Article 2. PIiU�ECT The project fnr which th� Work under � Contract L3ocuments may be the whale or only a part is gene�rally described as follvws: Sar C R'ranch Phase 1 fJ Cir� �ro'eci IVa. 1 ��44� Article 3. CUN'1"RACT TIME 3.1 Time i� af'the essence. All tizne lkmits far Milestvnes, if any, and Final Acceptance as siated in the Cantra�t D�cuments are af the essence to this Contra�t. 3.2 Final Acceptanca. 23 The iNork will be complete far Final Acceptance within 1�I1 working d.ays af�er tlie date �4 when the Ca�aract Tirne co�mences ta ru� as pravided i�a Paragraph ] 2A4 af the Standard 25 Gity Canditions of th� Construction Conkract for Developer Awarded ProJ�cts, �6 3.3 Liquidated darna�es 27 Cantractor rec�gnizes tbat tune is of ihe �ssence of this A�eemen# and that I?eveloger �8 vs+ill suffer fivanc3al loss if the Wark �s nat campleted within the times specified in 2g Faragraph 3.Z abor+e, plus any extension th�erevf allowed in a�cordance with Article 10 of 3D the Standard City Condi�ions af the �onstruc�ion Contract for De�elaper Awarded 31 Projects. The Contractar also re�cagniz�s the delays, exPense and difficulties in�lved in 32 pm�ring in a legal proceerling the achtal l�ss suffered by the I7evelaper if the Work is not �3 cQmpleted an time. Accvrdingly, instead nf requiring �y such praa£ , Contxa�tar �.grees 34 tl�t as liquidatied damages for de�ay (�t not as a p�nalty}, CCrutra�tar shall pay 35 De�elaper One �laousa�d, Two I�radNed und Fi r� Dollars ($I 2SO.�a} fvr each day ihat 3b expires after the time speci�ied in P�ragraph 3.2 for Final Acceptance until the City issues 37 the Fina1 L�tte�' af Acae�iance. C1TY OF F�AT WOItTH Bar CRand9 Pltase I(! STANDARD ��3+iSTR[�CTIaN 5PECIFICATION I]OCLiA,iENTS —1?EVELOPER AWARDEi7 PROJECTS 1424d� 1�evi�rl hme 18.2a16 �acuSign Envelape 10: 1QE592A�28C2-0354-96&8-J10A8F1A7481 QO 52 �3 - 2 Dc�e#pper Awarded Px'oject A�►t Page � of 4 3 8 Article 4. CON'!'RACT PRICE 3g Deyeloper agrees tn pay Cantractrnr fvr per�vrmance of the Wark in accordance with the Catrtract Aa Dacuments an amount in current funds of Twq Mi11i Twv Hu�dred Ei =ht Thousand Seven 41 Hundred Se�ent Three Dollars [$�,280,773.04}. 42 43 4� 45 4d 47 48 49 5� 51 SZ 53 54 55 56 57 58 59 �a Article 5. CON'i"R.ACT DflCi]MENTS 5.1 CC}Z�i'T'ENTS: A. The Conira�t Dacurnents whic& camprise the entire agreernent between Det'elape� and Cantractar concexning the Wnrk cansist oit�e fallvwit�g: 1. 2. � This Agreement, Attachments to this Agreemenk' a. Hid Fcnm (As prawid�d by Develaper) 1) Propvsal Farm (DAP Ve�saoaj 2} Preqt�alificatian Statemeni 3) State ar►d Federal doou�nents {p�oje�ct specifac} la. Ins�u-ance ACORD FQrm[s} c. Payinent Hnnd (DAP Versivn) d. Performance Bond (DAP Versian) e. Maintenance Band (�]AF Version) f. Fa►�er af Attorn�y �ar t�e �ands g. Warker's Compe�asation Affiid�vit h. MSE andlor SBE Commitmesrt Forrn �If �equi�'ed) 5tandard City General Conditions af the Construction Contract for I]eveloper Awaxded Pmjects. 61 4. Suppletn�ntar�+ Ctinditions. 62 5. 5peci�catians specifically made a part of tlie C�m.tract Dn�uments by attachmen# d3 ar, if not attached, as incorporated hy reference and described in the Table nf F�4 Canienta of tlie Project's Cantraci T1vcu�n.ents. �� 6. Drawings. �� 7. Add�nda. 67 68 G9 7d 71 72 73 ?4 75 8, Documentation submitted by Contractar gxiar to Notice af Award. 9. The following which may he deli�ered or issued after the Effe�tive Date of the Agreemesat and, if issued, becvme an incorporated part of t�►e Cantraci Dacuments: a, Notice #o Froceed. b. Field Qrders. c. Change Orders. d. Letter vf Final Accepfance• crrY oF FORrurnaTrr �,-e�� �r�� ra 3TANDARI] CUNSTRUCTIDN SPECIFICATIQN D(lCLIMEiV7'�-- I7EVEIAP6R AVIiARI]ED PRO]EGTS �a�� Ravi�ed June lb, z[116 �acuSign Envelape 10: 1QE592A�28C2-0354-96&8-J10A8F1A7481 �}5243-3 i]eaeloper Awarded Pmjact Agree�nent Paga 3 ofA 7G Article 6. ]NDII1I11iIFiCATIQRI 77 6.]. Cantr�c�ur cowenanfs �nd agrees ta indemnify, hdd harrnl�s and defend, at its own 78 ex�en:e, ihe city, its officers, �erv��ts and empluyeeB, iro�t and against any and all 79 claims ari�ing out of, or allcged ta arise out af, the wor� und ser�ices tn be perFnrmed 8D by tbe contra¢tvr, its of�cers, age�s, employ�es, �nbcvntrsctors, licenses or invitees R� pnder thls cvntrnct. This iademniiicatian �ra�i�ion is s pec'�Ricu�l � intended ta o nerate 8z and be effecti►*e e�en ff ft 'rs alle�ed ar nra�ven that ali or �ome of the dam��es bcin� 83 san ht were c�used �n wh�le flr in �rf. h�� �► � act onaission or ne scc af t�c cit�. 84 This indemnity pra�igiun is inten�ed to include, vvitLout limitati.an, �dcmni#y fvr 85 cos#�, expenses and legal fees incurred by the city in defending �g�inst such cl�ims aad 86 Csuses 4� �ctean�. 87 88 b.2 Coniractor cowenants and agrees t� indemnity and hold harmlesa, at its awa eatpet�se, g9 the city, its uff�ers, �er�ants and employees, fram and ag�insi any and. al� loas, damage gp ar destrnction af pruperty uf the city, a.rising out of, ar alleged tv arise ont of, the wvrk yl and s�r�ce� ta be perfarmed by the aa�tractor, its officers, agents, emplaye�s, q� subcontractors, licetnsees v� in�itees under this eontr�Ct. This indemni6cation 93 rovision ia s ecifical�w intended to o erat� �nd be effect3ae even if it is alle ed nr 94 ra�en that all ar some of the dama es bei�a aou ht r�ere ca�s� in whole ar �n art gS by an� act, omis�ion ar ne�liyencc oft�te eit� 96 97 Article 7. NIISL'ELLAATEQUS 98 'i.l Ternis. 99 1p4 1D1 182 103 T�ms used in this Agreemenf are defined in Article 1 af th� Standard City Cvnditians of th� Construct.ion Cantract for De�elaper Awardetl I'rvjects. 7.2 Assignnient af Contract.. This Agreement, including all af the Cvntra�t Dacuments �ay not b� assigned by fhe Cobtractnr v4rithaut the advanceti ex�ress written cor�sem of i�e De�elvper. 1,U4 7.3 Succeasors aiad Assigms. 1Q5 De�elvper and CvniracCor each k�i�ds iiseli, �fs partners, successors, assigns and lega] 106 represent�ir�es ta the other party h�eretv, in respeci to all ca�enants, agreements and 147 v�ligations contained in the Cantract Docu�enis. lAS 7.4 Seue�wahility. 1G9 Any pt9ovision flr part af tLe Con�rract �?octt�nents held to b� unconstitutional, vo%d or llp unenfarceahle by a court of competent jurisd�ction sh.a11 be d�emed siricken, and a11 111 remaining provisions sha�l coniin�.ve t� �e valid and binding upon DEVE�QPER ar�d � 12 CON�'RACTOR. 113 7.5 114 115 llg Governing Law and Venue. This Agreeme�, including all of the Contract Documents is performable ia the State of Texas. Venue sha11 �e Tarrant County, Texas, or the i7nited Si�ates Dis#rict Cou� far the Northem District af Tex�s, Fart RTorth Divisian. CITY O� FORT WORTH Bar C Ram� Pk¢se IO $TANi3ARD C4A1STRiJCTIDA! SPECIFICAT[�hi THJCUMEAITS — I7EVELQPEA AWARi7&D PROJEGTS 10244d R.e�ised 7une 1G, 2415 �o�u5ign En�elope 10: 1DE592A3-28C2�354-9668-91DA8F1A7481 [lU 52 43 - 4 Developer Awarded Projc�t Agreement Page 4 of 4 i17 118 7.6 Authority to Sign. 119 l 2[� i21 rz� l23 124 125 126 Contractor shall attach e�idence of authority to sign Agreement, if other than duly aut�}ari�ed signatory of the Cantract�r. 1N WITNESS WHEI�OF, De�eloper atid Cantra�tor har�e executed this Agree�nent in multipie counterparts. This Agreemcnt is effc�ti�e as of the last da#e signed hy t�ic Pariies {"Eft'ecti�e Date"}. Cantractor: !f`ri.�ht C'rlyas�tr-tr�lrr�r� C�u. rr�� _ i BV: (Signature�~� (Printed Name} Marsh 127 Title: Fresident Cvrnpany Name: Wright Canstruction Co., Inc Address: bal W Wall Street CitylStatelZip: Grape�ine, TX 76051 +' `� Z 4 Date 17e�eloper: Forestar (U5A] Real Estatc Grou , Inc. _ OocuSlgned Gy: � .: �� ���5 6FA60CF5TCfd . ignaturc} res [Printed Naine) Title: �i ce presi dent Company name: Forestar (USA) Real Estate Group, Inc. Address: 2221 E. Lamar Bl�d, Suite 79� �it�IStatelZi4,: Arlin�tanz TX 75ad6 1�251�OZ2 Date ClTY pF FC7RT 1�'ORTH f�ar C Itartch Piiase !0 STAI�iDAEtU CONSiACfCT1pN 5P�C1h�IC:ATTON IxJCUMI�NTS L1�VF[.QP�R AWAR�EI] PHOICC7S f�1��A4 Re�ised Iane 15, 261fi COMMERCIAL GENERAL LIABILITY CG 24 17 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad:Designated Job Site: Any Railroad for which you are performing Any jobsite Operations and for which no Railroad Protective liability Policy has been Purchased for the railroad by you, or any Railroad for which ‘your work’ has been Completed or put to its intended use. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or affecting, a Scheduled Railroad at a Designated Job Site, the definition of "insured contract" in the DEFINITIONS section is replaced by the following: 8. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement: d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability Policy Number: TB5-Z91-473677-021 11/29/2021-11/29/2022 means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in paragraph (1) above and supervisory, inspection, architectural or engineering activities. CG 24 17 01 96 Copyright, Insurance Services Office. Inc., 1994 Policy Number: TB5-Z91-473677-021 Pali�y Numher: TB5-Z97•�73fi77-U27 C�MMERCIAL GENERAL LIABILITY 1112912D27-7112912U22 CG 2Q '10 12 19 THIS ENQ�RSEMENT CHANGES THE POLICY. PLEASE READ IT �AREFLlLLY. ADaITIONAL INSIJRED - DWNERS, LESSEES OR CONTRACTORS - SCHEDlJLEO PERSDN �R aRGANIZATIaN This endorsement modifies insurance pro�ided under the following: COMMERGIAL GEIVERAL LIABILITY COVERAGE PART SCHEDULE tiaine UfAdditinnalInsured Persan(s) Ol' Ol' AD1Z8Tl�I1 S Location s Df CaVPI'PI� D el'Ai1aD5 u�foiYuation re uired to com lete ttus Scltedule. if not sho�n aboi�e. �ill he shown u� the Declararions. A. Section II - Who Is An Insured is amended ta include as an additional insured the persan{s) or organizatian(s} shown in the Schedule, but anly with respect to liability for "bodily injury", "property damage" ar "personal and advertising injury" caused, in whole or in park, by: 1. Your acts or amissions; or 2. The acts or omissians af those acting an yaur behalf; in the perforrnan�e of your ongaing operations for the additional insured{s} at the lo�ation(s} designated abo�e_ Hawe�er: 1. The insurance afforded to su�h additional insured only applies to the extent permitted by law; and 2. If co�erage provided to #he additianal insured is required by a contract or agreement, the insurance afforded to such additianal insured will not be braader than that which yau are required by the contract ar agreement to pra�ide far such additianal insured. B. VIlith respe�t to the insurance afforded to these additional insureds, the following additianal ex�lusions apply: This insurance daes not apply to "bodily injury" or "property damage" o�curring after: 1. All work, including materials, parts or equipment furnished in connection with su�h wark, an the praject {ather than service, maintenance or repairs} to be performed by ar an behalf af the additional insured{s} at the location af the coaered operations has been completed; or 2. That partion af "your work" out of which the injury 4r damage arises has been put to its intended use by any person or organization other than another �antra�tor or subcontractor engaged in perForming operations far a principal as a part of the same praject. C. V1lith respect to the insurance afForded to these additional insureds, the following is added to Section III - Limits Of Insurance: If co�erage pro�ided to the additional insured is required by a contract or agreement, the most we will pay on behalf af the additional insured is the amount of insuran�e: 1. Required by the contract or agreement; ar 2. AVailable under the applicable limits of insurance; whicheuer is less. This endorsement shall nat inGrease the applicable limits of insuran�e. � Insurance Services �ffice, Inc_ Qlnsurance Services Qffce. Inc. Palicy Number: TB5-Z91-�73fi77-021 71129f2U21-11129f2022 �OMMERCIAL GENERAL LIA6ILITY THIS ENQaRSEMENT CHANGES THE POLICY. PLEASE READ IT �AREFLlLLY. ADaITIONAL INSIJRED - DWNERS, LESSEES OR CQNTRACTQRS - CQMPLETED QPERATIQNS This endorsement modifies insurance provided under the fallowing: CDMMERCIAL GENERAL LIABILITI' CDVERAGE PART PRO�UCTSICDMPLETED �PERATI�NS LIABILITY COVERAGE PART SCHEDULE �G243T1219 1\ame DfAdditinnal Insured Person(s) Or Or anixarion s Laratian Aud Desciz rion �f Cnm leted � erations uifoir�ation re uu�ed to cain lete this 5chedule. if nat shown abo��e_ u�ill Ue shown in the Declu�ations. A. Section II - Who Is An Insured is amended to in�lude as an additional insured the pers�n�s} ar organizati�n(s} shown in the S�hedule, but only with respect to liability for "k�odily injury" or "property damage" caused, in whole or in part, by "your work" at the Iocation designated and described in the S�hedule of this endarsement perFarmed for that additional insured and included in the "produ�ts-completed aperations hazard". However: 1_ The insurance afFordad to such additional insured only applies t� the extent permitted by law; and 2_ If coverage provided to the additional insured is required by a contract or agreement, the insurance afForded to such additional insured will nat be braader than that whi�h you are required by the �antract or agreement to provide for such additional insured. B. With respect to the insurance afFQrded to these additional insureds, the following is added to Section III - Limits Df Insurance: If coverage pro�ided to the additional insured is required by a contract or agreement, the most we will pay an hehalf of the additional insured is the amount of insurance: 1_ Required by the contract or agreement; or 2_ A�ailable under the applicable limits �f insurance; whichever is less. This endarsement shall not in�rease the applicable limits of insuran�e. Q Insurance Services C]ffice, Inc_ CJlnsurance Servi�es affice. Inc. LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: TB5-Z91-473677-021 11/29/2021-11/29/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 2. Blanket Additional Insured – Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section II – Who Is An Insured is amended to add the following: Additional Insured By Written Agreement The following are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy: 1.Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 2.Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This insurance does not apply to: a.Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; b.Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor; or c.Any premises for which coverage is excluded by endorsement. 3.Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s). 4.Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services. 5.Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a.In connection with your premises; or b.In the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by or for you, including: Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or for you. 6.Any Person or Organization Other Than a Joint Venture: Any person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a.In the performance of your ongoing operations; or b.In connection with premises owned by or rented to you. This insurance does not apply to: a.Any person(s) or organization(s) more specifically covered in Paragraphs 1. through 5. above; b.Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; or c.Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1)The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2)Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organization(s) as an insured under this Item 1.: 1.Applies to the extent permitted by law; 2.Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy; 3.Does not apply to any person(s) or organization(s) for any "bodily injury", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this Policy applies to such person(s) or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury"; 4.Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5.Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 2. Blanket Additional Insured – Grantor Of Permits Paragraph 2. of Section II – Who Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respect to the state, municipality or political subdivision: 1.Coverage will be no broader than required; and 2.Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this Policy. This insurance does not apply to: 1."Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2.Any "bodily injury" or "property damage" included within the "products-completed operations hazard", except when required by written agreement initiated prior to loss; or 3."Bodily injury", "property damage" or "personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV – Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV – Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit". Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LC 32 199 11 18 © 2018 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Reasonable Force Item 2. Non-Owned Watercraft Extension Item 3. Damage To Premises Rented To You – Expanded Coverage Item 4. Bodily Injury To Co-Employees Item 5. Health Care Professionals As Insureds Item 6. Knowledge Of Occurrence Or Offense Item 7. Notice Of Occurrence Or Offense Item 8. Unintentional Failure To Disclose Item 9. Bodily Injury Redefined Item 10. Supplementary Payments – Increased Limits Item 11. Property In Your Care, Custody Or Control Item 12. Mobile Equipment Redefined Item 13. Newly Formed Or Acquired Entities Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement Item 1. Reasonable Force Exclusion a. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: a.Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non-Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: (2)A watercraft you do not own that is: (a)Less than 55 feet long; and (b)Not being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You – Expanded Coverage A.The final paragraph of 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LC 32 199 11 18 © 2018 Liberty Mutual Insurance Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Exclusions c. through n. do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III – Limits Of Insurance. B.Paragraph 6. of Section III – Limits Of Insurance is replaced by the following: 6.Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a.$300,000; or b.The Damage To Premises Rented To You Limit shown on the Declarations. C.Paragraph 9.a. of the definition of "insured contract" in Section V – Definitions is replaced by the following: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; D.The paragraph immediately following Paragraph (6) of Exclusion j. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III – Limits of Insurance. Item 4. Bodily Injury To Co-Employees A.Paragraph 2. of Section II – Who Is An Insured is amended to include: Each of the following is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) or "volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury": (1)To you; (2)To your partners or members (if you are a partnership or joint venture); (3)To your members (if you are a limited liability company); or (4)To a co-"employee" or "volunteer worker" while that co-"employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Paragraph 2.a.(1)(a) of Section II – Who Is An Insured does not apply to "bodily injury" for which insurance is provided by this paragraph. Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LC 32 199 11 18 © 2018 Liberty Mutual Insurance Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B.The insurance provided by this Item 4. for "bodily injury" to a co-"employee" or "volunteer worker" will not apply if the injured co-"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers' compensation law or any similar law. C.Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Health Care Professionals As Insureds A.Paragraph 2.a.(1)(d) of Section II – Who Is An Insured is replaced by the following: (d)Arising out of his or her providing or failure to provide professional health care services. However, any "employee" or "volunteer worker" of the Named Insured who is acting as a Good Samaritan in response to a public or medical emergency or who is a "designated health care provider" is an insured with respect to "bodily injury" and "personal and advertising injury" that: (i)Arises out of the providing of or failure to provide professional health care services; and (ii)Occurs in the course of and within the scope of such "employee's" or "volunteer worker's" employment by the Named Insured. B.With respect to "employees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability: This insurance does not apply to: (1)Liability assumed under an "insured contract" or any other contract or agreement; (2)Liability arising out of the providing of professional health care services in violation of law; (3)Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4)Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or (5)Punitive or exemplary damages, fines or penalties. C.The following definition is added to Section V – Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D.Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 6. Knowledge Of Occurrence Or Offense Knowledge of an "occurrence" or offense by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the "occurrence" or offense. Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LC 32 199 11 18 © 2018 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 7. Notice Of Occurrence Or Offense For purposes of Paragraph 2.a. of Section IV – Commercial General Liability Conditions, you refers to your "executive officer" or "employee" that you have designated to give us notice. Item 8. Unintentional Failure To Disclose Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this Policy shall not be a basis for denial of any coverage afforded by this Policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. Item 9. Bodily Injury Redefined The definition of "bodily injury" in Section V – Definitions is replaced by the following: "Bodily injury" means: a.Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b.Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10. Supplementary Payments – Increased Limits Paragraphs 1.b. and 1.d. of Section I – Supplementary Payments – Coverages A And B are replaced by the following: b.Up to $3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d.All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. Item 11. Property In Your Care, Custody Or Control A.Paragraphs (3) and (4) of Exclusion j. of Section I – Coverage A – Bodily Injury And Property Damage Liability are deleted. B.Additional Exclusion Coverage provided by this endorsement does not apply to "property damage" to property while in transit. C.Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III – Limits Of Insurance, the most we will pay for insurance provided by Paragraph A. above is: $10,000 Each Occurrence Limit $75,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence". The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LC 32 199 11 18 © 2018 Liberty Mutual Insurance Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D.Other Insurance This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this Policy. Item 12. Mobile Equipment Redefined The definition of "mobile equipment" in Section V – Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1)Snow removal; (2)Road maintenance, but not construction or resurfacing; or (3)Street cleaning. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". Item 13. Newly Formed Or Acquired Entities A.Paragraph 3. of Section II – Who Is An Insured is replaced by the following: 3.Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded only until: (1)The 180th day after you acquire or form the organization; (2)Separate coverage is purchased for the organization; or (3)The end of the policy period whichever is earlier; b.Section I – Coverage A – Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c.Section I – Coverage B – Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. B.The insurance afforded to any organization as a Named Insured under this Item 13. does not apply if a Broad Form Named Insured endorsement attached to this Policy applies to that organization. Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this Policy for injury or damage arising out of your ongoing operations or "your work" included in the "products-completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number TB5-Z91-473677-021 Issued by LM INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY – UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Organization(s): Email Address or mailing address: Number Days Notice: Per schedule on file with company Per schedule on file with company 30 A.If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B.This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. Term: 11/29/2021-11/29/2022 LC 25 19 01 15 © 2014 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 Policy Number TB5-Z91-473677-021 Issued by LM Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT OR DESIGNATED LOCATION COMBINED AGGREGATE LIMITS – WITH TOTAL AGGREGATE LIMIT FOR ALL PROJECTS AND LOCATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Designated Construction Project(s) or Designated Location(s): All ‘locations’ and all construction projects at which you are performing ongoing operations. Total Aggregate Limit for all Projects and Locations: $ 15,000,000 A.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project or a single designated "location": 1.A separate Designated General Aggregate Limit applies to each designated construction project and to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Designated General Aggregate Limit is the most we will pay for the sum of all damages under Section I - Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medical expenses under Section I - Coverage C regardless of the number of: a. Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 3.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated General Aggregate Limit for that designated construction project or designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated General Aggregate Limit for any other designated construction project or designated "location". 4.The limits shown in the Declarations for Each Occurrence, Damage to Premises Rented to You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated General Aggregate Limit and the Total Aggregate Limit for all Projects and Locations. Term: 11/29/2021-11/29/2022 LC 25 19 01 15 © 2014 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 5.The Total Aggregate Limit for all Projects and Locations shown in the Schedule of this endorsement is the most we will pay for the sum of all damages caused by "occurrences" under Section I – Coverage A and all medical expenses caused by accidents under Section I – Coverage C which can be attributed only to ongoing operations at a designated construction project or designated "location" shown in the Schedule of this endorsement, regardless of the number of construction projects, "locations", "occurrences" or accidents. 6.Each Designated General Aggregate Limit is subject to the Total Aggregate Limit for all Projects and Locations shown in the Schedule of this endorsement. B.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project or single designated "location": 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Designated General Aggregate Limit. C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated General Aggregate Limit. D.If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E.For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition: "Location" means any premise that you occupy for permanent operations as part of your business, but does not include any premises at which you are performing operations as part of a construction project. All premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "location". F.The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 COMMERC MARIAL INLAND INE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET LOSS PAYEES This endorsement i ies insurance pro ided under t AK C GE ORM.mod f v he IM P OVERA F b.Pay any cla m for loss or damage join y to youitlThe fol is added to Section E – ADDITlowing IONAL COVERA ONDI ONS:and the Loss Payee as your interests may ap-GE C TI pear.Loss Payable Pro isionv This endorsement applies to al Co red Property forl veIn the e o a Co Cause of Loss to Covent f vered vered which a Loss Payee is on f with us or your insur-ileProperty in which both you and a Loss Payee share ance agent or insurance broker.an insurable interest, we will: a.Adjust the andloss or damage with you; CM T5 60 01 10 Page 1 o 1f© 2009 The Travelers Indemnity Company Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: QT 2F251181 11/29/2021-11/29/2022 POLICY NUMBER: AS5-Z91-473677-011 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER 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" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization where the named insured has agreed by written contract to include such person or organization as a designated insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II – Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I – Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 1 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I.Newly Acquired or Formed Organizations II.Employees as Insureds III.Lessor - Additional Insured and Loss Payee IV.Supplementary Payments - Increased Limits V.Fellow Employee Coverage VI.Personal Property of Others VII.Additional Transportation Expense and Cost to Recover Stolen Auto VIII.Airbag Coverage IX.Tapes, Records and Discs Coverage X.Physical Damage Deductible - Single Deductible XI.Physical Damage Deductible - Glass XII.Physical Damage Deductible - Vehicle Tracking System XIII.Duties in Event of Accident, Claim, Suit or Loss XIV.Unintentional Failure to Disclose Hazards XV.Worldwide Liability Coverage - Hired and Nonowned Autos XVI.Hired Auto Physical Damage XVII.Auto Medical Payments Coverage Increased Limits XVIII.Drive Other Car Coverage - Broadened Coverage for Designated Individuals XIX.Rental Reimbursement Coverage XX.Notice of Cancellation or Nonrenewal XXI.Loan/Lease Payoff Coverage XXII.Limited Mexico Coverage XXIII.Waiver of Subrogation I.NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A.There is no similar insurance available to that organization; B.Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1.The 90th day after you acquire or form the organization; or 2.The end of the policy period, whichever is earlier; and C.The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 2 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. II.EMPLOYEES AS INSUREDS Paragraph A.1. Who Is An Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended to add the following: Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. III.LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A.Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any "leased auto" until the expiration date of this policy or until the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. B.For any "leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured provision is changed to include as an "insured" the lessor of the "leased auto". However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1.You. 2.Any of your "employees" or agents; or 3.Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. C.Loss Payee Clause 1.We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered "leased auto". 2.The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part. 3.If we make any payment to the lessor of a "leased auto", we will obtain his or her rights against any other party. D.Cancellation 1.If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2.If you cancel the policy, we will mail notice to the lessor. 3.Cancellation ends this agreement. E.The lessor is not liable for payment of your premiums. F.For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such "leased auto". "Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the covered "auto" is out of service because of its breakdown, repair, servicing, "loss" or destruction. POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 3 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. IV.SUPPLEMENTARY PAYMENTS - INCREASED LIMITS Subparagraphs A.2.a.(2) and A.2.a.(4) of SECTION II - COVERED AUTOS LIABILITY COVERAGE are deleted and replaced by the following: (2)Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. V.FELLOW EMPLOYEE COVERAGE A.Exclusion B.5. of SECTION II - COVERED AUTOS LIABILITY COVERAGE does not apply. B.For the purpose of Fellow Employee Coverage only, Paragraph B.5. of SECTION IV - BUSINESS AUTO CONDITIONS is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. VI.PERSONAL PROPERTY OF OTHERS Exclusion 6. in SECTION II - COVERED AUTOS LIABILITY COVERAGE for a covered "auto" is amended to add the following: This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal property" of your "employees" or others while such property is carried by the covered "auto". The Limit of Insurance for this coverage is $5,000 per "accident". Payment under this coverage does not increase the Limit of Insurance. For the purpose of this section of this endorsement, "personal property" is defined as any property that is not used in the individual's trade or business or held for the production or collection of income. VII.ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A.Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we will pay is increased to $50 per day and to a maximum limit of $1,000. B.Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: If your business is shown in the Declarations as something other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the place where it is recovered to its usual garaging location. VIII.AIR BAG COVERAGE Exclusion B.3.a. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. IX.TAPES, RECORDS AND DISCS COVERAGE Exclusion B.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a.Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or data electronic devices: POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 4 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1)Are your property or that of a family member; and (2)Are in a covered "auto" at the time of "loss". The most we will pay for "loss" is $200. No Physical Damage Coverage deductible applies to this coverage. X.PHYSICAL DAMAGE DEDUCTIBLE - SINGLE DEDUCTIBLE Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: D.Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. When two or more covered "autos" sustain "loss" in the same collision, the total of all the "loss" for all the involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibles applying to all such covered "autos". XI.PHYSICAL DAMAGE DEDUCTIBLE – GLASS Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it. XII.PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. XIII.DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to: a.In the event of "accident", claim, "suit" or "loss", your insurance manager or any other person you designate must notify us as soon as reasonably possible of such "accident", claim, "suit" or "loss". Such notice must include: (1)How, when and where the "accident" or "loss" occurred; (2)The "insured's" name and address; and (3)To the extent possible, the names and addresses of any injured persons and witnesses. Knowledge of an "accident", claim, "suit" or "loss" by your agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "accident", claim, "suit" or "loss" from your agent, servant or "employee". b.Additionally, you and any other involved "insured" must: (1)Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 5 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2)Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3)Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4)Authorize us to obtain medical records or other pertinent information. (5)Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. XIV.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. XV.WORLDWIDE LIABILITY COVERAGE - HIRED AND NONOWNED AUTOS Condition B.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory means all parts of the world subject to the following provisions: a.If claim is made or "suit" is brought against an "insured" outside of the United States of America, its territories and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate, negotiate, and settle or defend such claim or "suit". If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or defend the claim or "suit" and we will reimburse the "insured" for the expenses reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The "insured" shall provide us with such information we shall reasonably request regarding such claim or "suit" and its investigation, negotiation, and settlement or defense. The "insured" shall not agree to any settlement of the claim or "suit" without our consent. We shall not unreasonably withhold consent. b.We are not licensed to write insurance outside of the United States of America, its territories or possessions, Puerto Rico and Canada. We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto insurance. Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This insurance does not apply to such fines or penalties. XVI.HIRED AUTO PHYSICAL DAMAGE If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A.We will pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private passenger type hired without an operator for use in your business: POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 6 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1.The most we will pay for coverage afforded by this endorsement is the lesser of: a.The actual cost to repair or replace such covered "auto" with other property of like kind and quality; or b.The actual cash value of such covered "auto" at the time of the "loss". 2.An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3.If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. B.For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you own. If no applicable deductible is shown in the Declarations, the deductible will be $250. If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsement does not apply. C.Paragraph A.4.b. of SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by the following: b.Loss of Use Expenses For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a private passenger vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (1)Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2)Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3)Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900. XVII.AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS For any covered "loss", the Limit of Insurance for Auto Medical Payments will be double the limit shown in the Declarations if the "insured" was wearing a seat belt at the time of the "accident". This is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds", premiums paid, claims made, or vehicles involved in the "accident". If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of this endorsement does not apply. XVIII.DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS A.This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the Schedule to this endorsement. B.SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1.Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or her spouse while a resident of the same household except: POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 7 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a.Any "auto" owned by that individual or by any member of his or her household; or b.Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2.The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her spouse, while a resident of the same household, are "insureds" while using any covered "auto" described in Paragraph B.1. of this endorsement. C.Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as follows: The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her "family members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member". D.SECTION III - PHYSICAL DAMAGE COVERAGE is changed as follows: Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in the Drive Other Car section of the Schedule to this endorsement or his or her spouse while a resident of the same household except: 1.Any "auto" owned by that individual or by any member of his or her household; or 2.Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E.For purposes of this endorsement, SECTION V - DEFINITIONS is amended to add the following: "Family member" means a person related to the individual named in the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. XIX.RENTAL REIMBURSEMENT COVERAGE A.For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage. B.We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage limit. C.Our payment is limited to the lesser of the following amounts: 1.Necessary and actual expenses incurred; or 2.$30 per day with a maximum of $900 in any one period. POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 8 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D.This coverage does not apply: 1.While there are spare or reserve "autos" available to you for your operations; or 2.If coverage is provided by another endorsement attached to this policy. E.If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Paragraph A.4. Coverage Extensions of SECTION III – PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section VII of this endorsement. XX. NOTICE OF CANCELLATION OR NONRENEWAL A.Paragraph A.2. of the COMMON POLICY CONDITIONS is changed to: 2.We may cancel or non-renew this policy by mailing written notice of cancellation or non-renewal to the Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non-renewal Schedule: a.For reasons of non-payment, the greater of: (1)10 days; or (2)The number of days specified in any other Cancellation Condition attached to this policy; or b.For reasons other than non-payment, the greater of: (1)60 days; (2)The number of days shown in the Cancellation and Non-renewal Schedule; or (3)The number of days specified in any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non-renewal. B.All other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto, remain in full force and effect. XXI.LO AN/LEASE PAYOFF COVERAGE The following is added to Paragraph C. Limits Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto", less: 1.The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2.Any: a.Overdue lease/loan payments at the time of the "loss"; b.Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c.Security deposits not returned by the lessor; d.Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 9 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. e.Carry-over balances from previous loans or leases. This coverage is limited to a maximum of $1,500 for each covered "auto". XXII. LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A.Coverage 1.Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a.The "accidents" or "loss" occurs within 25 miles of the United States border; and b.While on a trip into Mexico for 10 days or less. 2.For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B.Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C.Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1.If the covered "auto" is not principally garaged and principally used in the United States. 2.To any "insured" who is not a resident of the United States. XXIII.WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 10 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Schedule Premium Liability Physical Damage Total Premium XVIII.Drive Other Car Name of Individual LIAB MP UM UIM COMP COLL XX.Notice of Cancellation or Nonrenewal Name and Address Number of Days POLICY NUMBER: AS5-Z91-473677-011 LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number AS5-Z91-473677-011 Issued by LM INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY – UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Organization(s): Email Address or mailing address: Number Days Notice: Per Schedule On File With the Company Per Schedule On File With The Company 30 A.If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B.This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 Policy Number: AS5-Z91-473677-011 Issued by: LM Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE 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 Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Regarding Designated Contract or Project: Any contract or project where you have agreed in writing to add as an additional insured, on a noncontributing basis, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy Each person or organization shown in the Schedule of this endorsement 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 II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 03 04 B Insured copy 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 11/29/21 at 12:01 a.m. standard time, forms a part of: Policy no. 0002006571 of Texas Mutual Insurance Company effective on 11/29/21 Issued to: WRIGHT CONSTRUCTION COMPANY INC This is not a bill NCCI Carrier Code: 29939 Authorized representative 11/17/21 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com | (800) 859-5995 | Fax (800) 359-0650 WC 42 03 04 B 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 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 06 01 Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT 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 11/29/21 at 12:01 a.m. standard time, forms a part of: Policy no. 0002006571 of Texas Mutual Insurance Company effective on 11/29/21 Issued to:WRIGHT CONSTRUCTION COMPANY INC This is not a bill NCCI Carrier Code: 29939 Authorized representative 11/17/21 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com | (800) 859-5995 | Fax (800) 359-0650 WC 42 06 01 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. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to:PER LIST ON FILE Pollution Policy#�312-1244 11129l2021 ta 1 �1f2912�22 (at 12:01 A.M. standard time at the address af the Named Insured as shawn in Item 1. af the aeclaratiansy MICR061AL MATTER AND POLLUTIQN INCIDENT �iNCLUDING SILT AND SEDIMENTI DEFINITIONS AMENDMENT It is hereby agreed that SECTI�N VI - DEFINITIDNS, 17. Microbial matter and 25. Pollution incident, are deleted in their entirety and replaced by the following: 17. Microbial rnatter means legianella pneumophila, fungi ar mold which reprodu�e thraugh the splitting �f �ells, the release of spores or by any other means, whether or not such fungi ar mnld is living. Micrebial matter, with the exception of legionella pneumophila, daes not in�lude any ba�terium or �irus. 25. Polluti4n incident rneans the discharge, emission, seepage, migratian, dispersal, misdeliaery, release or escape af: a. any salid, fiquid, gaseous ar thermal irritant or cantaminant, including smoke, wapars, soot, fumes, acids, alkalis, chemicals, hazardous substances, petroleum hydrocarhans; b. I�w le�el radioactive waste; c. microbial matter; d. medi�al, infectioUs and patholagical waste; e. waste materials; f. electromagnetic fields; and g. silt and sediment, into ar upon land, or any structure on land, the atmasphere or any watercourse or body of water including groundwater, provided su�h condi#ions are nat naturally present in the environment in the concentratian ar arnaunts disco�ered. All ather terms and �anditians of this palicy remain un�hanged. Page 1 of 1 Page 1 of 2 (at 12:01 A.M. standard time at the address of the Named Insured as shown in Item 1. of the Declarations) CLAIMS-MADE AND REPORTED INSURING AGREEMENT FOR SCHEDULED LOCATIONS It is hereby agreed that the following changes are made to the policy: 1. The following Schedule of Locations applies to this endorsement. Schedule of Locations Location Retroactive Date 2. Solely with regard to a pollution incident on, at, under or migrating from a location shown in the Schedule of Locations of this endorsement, paragraph a. of SECTION I – COVERAGES, 1. Insuring Agreement, is deleted in its entirety and replaced with the following: a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury, property damage or environmental damage to which this insurance applies arising out of a pollution incident on, at, under or migrating from a location shown in the Schedule of Locations of this endorsement, but only if: (1) The pollution incident is the result of an occurrence that takes place in the coverage territory; (2) The pollution incident is caused by your work that first commenced on or after the Retroactive Date designated for the location shown in the Schedule of Locations of this endorsement; (3) The pollution incident results in a claim for bodily injury, property damage or environmental damage; and (4) The claim is first made against the insured during the policy period and reported to us, in writing, no later than ninety (90) days after the last day of the policy period. 3. Solely with regard to a pollution incident on, at, under or migrating from a location shown in the Schedule of Locations of this endorsement, paragraphs c., d. and e. of SECTION I – COVERAGES, 1. Insuring Agreement, are deleted in their entirety. 4. SECTION III – EXCLUSIONS, 9. Insured’s Locations, is deleted in its entirety and replaced with the following: Pollution Policy #0312-1244 11/29/2021 to 11/29/2022 Page 2 of 2 9.Insured’s Locations Bodily injury, property damage, environmental damage or emergency response expense arising from a pollution incident on, at, under or migrating from any location which is: a. owned or occupied by, or rented or loaned to any insured; or b. shown in the Schedule of Locations of this endorsement. However, this exclusion does not apply to a claim for bodily injury, property damage, or environmental damage arising out of a pollution incident on, at, under or migrating from a location shown in the Schedule of Locations of this endorsement, provided that insurance is afforded for such claim under paragraph 2. of this endorsement. 5. Solely with regard to a pollution incident on, at, under or migrating from a location shown in the Schedule of Locations of this endorsement, the following two exclusions are added to SECTION III – EXCLUSIONS: Claim Asserted After Policy Expiration [This insurance does not apply to:] Any claim that is asserted against an insured after [insert last day of policy period]. Known Injury or Damage – Scheduled Locations [This insurance does not apply to:] Any actual or alleged pollution incident, bodily injury, property damage or environmental damage that occurred, in whole or in part, prior to the first day of the policy period and was known prior to the first day of the policy period by a responsible manager or reported to any insurance company prior to the first day of the policy period. Any continuation, change or resumption of such pollution incident, bodily injury, property damage or environmental damage will be deemed to have been known by a responsible manager prior to the first day of the policy period. 6. The following paragraph is added immediately after the first paragraph on page 2 of the policy (beginning, “Various provisions in this policy…”): CERTAIN INSURING AGREEMENTS IN THIS POLICY REQUIRE THAT A CLAIM BE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED TO US, IN WRITING, WITHIN A SPECIFIED NUMBER OF DAYS AFTER THE POLICY PERIOD ENDS. All other terms and conditions of this policy remain unchanged. Pollution Policy #0312-1244 11/29/2021 to 11/29/2022 WC Manu B Page 1 of 1 9 March 10, 2020 (at 12:01 A.M. standard time at the address of the Named Insured as shown in Item 1. of the Declarations) 0312-1244 Wright Construction Co., Inc. Allied World Assurance Company (U.S.) Inc. ADDITIONAL NOTICE OF CANCELLATION (AMENDMENT OF CANCELLATION CONDITION) Section V – Conditions, 3. Cancellation is amended to include the following additional condition: In the event that we cancel this policy for any reason, other than for the nonpayment of premium, we will provide advance written notice of such cancellation to the entity(ies) or indi vidual(s) shown in the Schedule below in accordance with the number of days stated. SCHEDULE Entity or Individual Address Number of Days Advance Written Notice of Cancellation (Other Than Nonpayment of Premium) Sapphire Bay Construction, LLC 835 E. Lamar Blvd., Suite 485 Arlington, Texas 76011 30 All other terms and conditions of this policy remain unchanged. By: Joseph Cellura Title: President, North American Casualty Division Date: March 11, 2020 Pollution Policy #0312-1244 11/29/2021 to 11/29/2022 Pallution Palicy #031 �-1 ��� 1112912D�'I ta 11f�9120Z2 4. Any person ar ❑rganization with whom you agree to include as an insured in a written contract or written agreement, but only with respect to bodily injury, property damage, en�ironrnental damage or emergency respanse expense arising out of yvur work. 5. Any person ar arganizatian that has at least a 5Q°/o contralling interest in yau but only with respect to bodily injury, prQperty damage, enviranmental damage or emergency response expense arising aut of their f nancial �ontrol of you. No persan or organization is an insured with respect to the canduct af any current or past partnership, joint venture ar limited liability company that is nat shown as a Named Insured in the aeclarations_ SECTI�N III — EKCLUSIDNS This insurance does nat apply ta: 1. Contractual Liability Bodily injury, proper#y damage, en�ironmental damage or emergency respense expense for which the insured is obligated ta pay damages by reason of the assumptian of liability in a contract or agreement. This exclusion does not apply to liability for darnages: a. That the insured would have in the absence af the cantract or agreement; or b. Assumed in a cantract or agreement that is an insured contract, pro�ided the bodily injury, prQperty damage, en�ironmental damage ar emergency response expense o�curs subsequent to the exe�ution of the contract ar agreement_ 5alely for the purposes of liability assurned in an insured cnntract, reasanable attorneys' fees and necessary litigatian expenses incurred by or for a parry other than an insured are deemed ta be darnages because of bodily injury, property darnage, en�ironmental damage or emergency response expense, pro�ided: �1 } Liability to such parry for, ar far the cast af, that party's defense has alsa been assumed in the same insured cnntract; and �2} 5uch attorneys' fees and litigatian expenses are for defense of that party against a civil or alternative dispute resolution pro�eeding in which damages to which this insUran�e applies are alleged. 2. Criminal Fines, Penalties and Assessrnents Any criminal fnes, criminal penalties or criminal assessments. 3. Damage to Con�eyance Prnperty damage to any conr�eyance utilized dUring transportatinn. This exclusian does not apply ta claims made by third-party carriers for such property damage arising irom the insured's negligence. 4. Damage to Praperty Prnperty damage or envirnnmental damage t�: a. Property you own, rent, or occupy in�luding any costs or expenses in�urred by you, or any other person, organizatian or entity, far repair, replacement, e�nhancement, restoration or maintenance ENV-CPL DDOfl3 DD �fl2112} Page 7 of 22 Includes copyrighted material of Insuran�e Services Offlces, Inc. with its permission. Pollutian Policy #D312-1244 11129f2fl21 to 1112912fl22 b. To sue us on this policy unless all of its terms haae heen fully camplied with. A person or organization may sue us ta reco�er on an agreed settlement or on a final judgment against an insured; but we will not be liable fvr damages that are not payable under the terms af this poli�y ar that are in ex�ess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant ❑r the claimant's legal representative. 12. Dther Insurance If other valid and colle�tible insuran�e is a�ailable to the insured far a loss we cover under this policy, our ohligatians are limited as follows: a. Primary Insuran�e This insurance is primary ex�ept when Paragraph b. belaw applies. If this insurance is primary, our obligatians are nat affected unless any af the other insurance is also primary. Then, we will share with all that ather insurance by the method des�ribed in Paragraph b. below. Hawe�er, in the event that a written cantract or written agreement requires this insurance ta be primary for any person or organizatian with wham you agreed ta insure and such person or organization is an insured under this policy, we will not seek contributions from any sueh other insurance issued to such person or organization. b. Method af Sharing If all of the ather insurance permits cantributian by equal shares, we will alsa follow this methad. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance ar none of the foss remains, whichewer comes first. If any of the other insuran�e does not permit �ontribution by equal shares, we will cantribute by limits_ Under this method, each insurer's share is based on the ratio �f its applicable limit of insurance to the total appli�able limits af insurance of all insurers. c. Prnject Specific Insurance Pnlicy Notwithstanding Paragraphs a. and b. above, if a pro}ect �avered under this poli�y is insured under a policy specifi�ally purchased ta apply to such praje�t, this poli�y will apply ex�ess of such policy. 13. Prerniums and Deductible The first Named Insured shown in the �e�larations: a. Is responsible f�r the payment of all premiUms; b. Will be the payee far any return premiums we pay; and c. Is responsible for the payment of all deductibles. 1d. Representatians a. By accepting this policy, you agree: ENV-CPL DDOfl3 DD �fl2112} Page 14 of 22 Includes copyrighted material of Insuran�e Services Offlces, Inc. with its permission. Pallutian Policy #a312-1244 1112912D21 ta 1112912022 �1} The statements and information in any Appli�ation andlor Questionnaire and ather supplemental materials submitted ta us are accurate and complete and are material to our underwriting of this palicy; �2} Those statements and the informatian provided are based upan representations you made to us; and �3} We have issued this palicy in reliance upon yaur representations. b. Misrepresentatian, concealment, breach of a terrn or condition, ar �ialatian of any duty under this palicy by ane insured shall not prejudice the interest af coverage for another insured under this policy. Provided, however, that this candition shall not apply to any insured wh❑ is a parent, subsidiary or afFliate of the first Named Insured. 1�. 5eparation af Insureds Except with respect ta the Limits af Insurance, and any rights ar duties sp�cifcally assigned in this poli�y to the first Named Insured, this insuran�e applies: a. As if each Named Insured were the only Named Insured; and b. 5eparately to each insured against whom claim is made or suit is brought. 16. 5er�vice of 5uit In the event of our failure to pay any amount �laimed to be due hereunder, we, at your request, will subrnit to the jurisdi�tian of a �ourt of �ompetent jurisdiction within the United States. Nothing in this conditian �onstitutes or should fae understood to constitute a waiver af our rights to Gommence an action in any court of competent jurisdiction in the United States, tv remave an activn to a LJnited States aistrict Caurt, ar to seek transfer of a case to another caurt as permi#ted by the laws of the United 5tates or of any state in the United 5tates. It is iurther agreed that service af process in such suit may be made u�an counsel, Legal Department, Allied World Assurance Company (L1.5.} Inc., 199 Water 5treet, 24 h Floor, New York, NY 10D38 or his ar her representative, and that in any suit instituted against us upan this policy, we will abide by the final decisian af such caurt ar af any appellate court in the event of an appeal. Further, pursuant to any statute of any state, territ�ry, or district af the United States whi�h makes prauision therefore, we hereby designate the 5uperintendent, Cammissioner or Dire�tor af Insurance, or ather ofFicer specified for that purpose in the statute, or his or her successors in office, as its true and lawfuf agent upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on your behalf or any beneficiary hereunder arising out of this palicy af insurance and hereby designates the abo�e named as the person to whom the said offi�er is authorized to mail such process ar a true copy thereof. 17. Transfer of Rights nf Recovery Against Others to LJs If you have rights t� recower all or part af any payment we have made under this palicy, those rights are transferred t� us. Yau must do n�thing after loss ta impair them. At our request, yau will bring suit or transfer those rights to us and help us enforce them. Hawever, we waive our right{s} af re�overy against any person or organization if and to the extent yau have agreed to waive your right�s} of reco�ery against such person or vrganization in a written contract signed by you priar to the first commencement of a pollution incident out of which the claim or reques# far emergency response expense arises under Se�tian I— Caverages, 1. Insuring Agreement. ENV-CPL DDOfl3 DD �fl2112} Page 15 of 22 Includes copyrighted material of Insuran�e Services Offlces, Inc. with its permission. ENV-CPL 00003 00 (02/12)Page 16 of 22 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Any recovery as a result of subrogation proceedings arising out of the payment of loss covered under this policy shall accrue first to us to the extent of our payment under the policy, and then to you to the extent of your deductible. Expenses incurred in such subrogation proceedings shall be apportioned among the interested parties in the recovery in the proportion that each interested party’s share in the recovery bears to the total recovery. 18.Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent, which shall not be unreasonably withheld, except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. 19.When We Do Not Renew If we decide not to renew, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than ninety (90) days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION VI – DEFINITIONS 1.Auto means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. b. Any other land vehicle that is subject to a compulsory or financial responsibility law in the state where it is licensed or principally garaged. However, auto does not include mobile equipment. 2.Bodily injury means bodily injury, physical injury, sickness, building-related illness, mental anguish, shock or emotional distress or disease sustained by a person, including death resulting from any of these at any time. Bodily injury damages shall include monetary awards or settlements of compensatory damages and where allowable by law, punitive, exemplary, or multiple damages, and civil fines, penalties, or assessments for bodily injury. 3.Claim means a demand seeking a remedy and alleging liability or responsibility on the part of the insured. 4.Clean-up costs means reasonable and necessary expenses, including restoration costs and legal expenses incurred with our prior written consent, which consent shall not be unreasonably withheld or delayed, to investigate, abate, contain, treat, remove, remediate, monitor, or dispose of soil, surfacewater, groundwater or other contaminated media but only: a. To the extent required by environmental laws; b. For those costs that have been incurred by the government or any political subdivision of the United States of America (including its territories and possessions), Puerto Rico and Canada or by third parties; or c. In the absence of a. above, to the extent recommended by an environmental professional. Pollution Policy #0312-1244 11/29/2021 to 11/29/2022 I DATE IMMrDOlYYYY] CERTIFICATE aF LIABILITY INSURANCE ,r�s,2o22 THIS CERTIFICATE IS ISSUE❑ AS A MATTER OF INFbRMATION DNLY AN❑ CONFERS NO RIGHTS UPDN THE GERTIFICATE HflLDER. THIS CERTIFICATE �DES MOT AFFIRMATIVELY OR NEGRTIVELY AMEND, ExTEMO OR ALTER THE CaVERAGE AFFORDED BY THE PqLICIES BELOW. THIS CERTIFICATE OF INSLIRANCE DOES NDT CDNSTITUTE R CDNTRACT BETWEEN THE ISSLIING INSURER{S}, AUTHflRIZED REPRESENTATIVE QR PRODLICER, AND THE CERTIFICATE HOLDER. IMPQRTANT: If the certificate holder is an ADDITIflNAL INSLIREQ, the policy{iesj must haae ADDITIDNAL INSLIRED pravisions or be endarsed. If SUBR�GATION IS WAIVED, subject to the terms and conditians of the palicy, certain palicies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endarsementjs]. PR�UCER NAM ACT COfIIfCStESA�f111fII5tf8tOf Box Insurance Agency PHflhIE FAX 1200 S. Main Street, Ste. 16QQ .vc No �t 8�7-sfi�-�8�6 arc n,o 817-02A-14D4 Grapevine TX 76051 AD RIE55 Certificates@6�xinsurance.com IN5URE0 Wright C�nstruction Co., Inc. 601 W. Wall St. Grapevine TX 76051 CQVERAGES INSl1RER A Texas Mutual Insuranee Con WRIG-C1 IN5URER B Allied World Assurance Com IN5URER C Liberty Mutual Ins. Co. IN5URER ❑ Liberty Insuranee Corp�ratia IN5URER E CERTIFICATE NUMBER:559873499 REVISIDN NUMBER: 22945 19489 23DA3 42404 THIS IS Ta CERTIFY THAT THE POLICIES OF INSURANCE LISTEQ BEL�W HAWE BEEN ISSUEQ TO THE INSURED NAMED A80WE FOR THE P�LICY PERIOQ INaICATE�. NOTWITHSTAN�ING ANY REQUIREMENT, TERM DR CON�ITION ❑F ANY CDNTRACT DR �THER aQCUMENT WITH RESPECT T� WHICH THIS CERTIFICATE MAY BE ISSUEO DR MAY PERTRIN, THE INSURANCE AFFORDED BY THE P�LICIES DESCRI6ED HEREIN IS SUBJECT TO ALL THE TERMS, E?{CLUSI�NS AN� CON�ITIONS OF SUCH POLICIES_ LIMITS SHaWN MAY HAVE BEEN RE�UCED BY PAIa CLAIMS. IN5R rypE dF IN5LIRANCE POLJCY EFF POLICY E](P LIMIT5 LTR IN5� WVD POLJCY NUMBER IuW�IYYYY MMfpDfYYYY C x CaMMERCIALGENERALLIABILffY Y Y TB5-Z91-473677-021 11129I2021 11/2912022 EACH�CCl1RRENCE $7,OOO,D00 CLAIMS-MA�E � OCCIJR PREMISES Ea occurrence $ 300,U00 x 5(CU MED EXP (Any one persanJ $ S,OOU x EIFS Excluded PERSONAL dAaV INJURY $ 7,OO�,D00 GEN'LAGGREGATELMITAPPLESPER: GENERALAGGREGATE $2,OOU,D00 PDLICY � jE o- � LOC PRODUCTS - COMPIDP AGG $ 2,OOU,D00 DTHER: P� 6eductiblel0cc $ 5.000 C AUTOMOBILELIABIIJTY Y Y A55-�91�73677-011 11/29/2021 11/2912022 COMBINEDSINGLELIMIT g1,000,D00 Ea accident x ANY AIJTD BaDILY INJURY [Per personj $ DWNEO SCHEOULEo BaDILY INJURY [Per accident] $ AlJTDS ONLY AUTQS x HIRED x NON-OWNED PROPERTY DAMAGE $ AUTDS aNLY AUTQS ONLY Per accident $ D UMBRELLA LIAB �C OCCIJR Y Y TH7-�91�73677-031 11/29/2021 11/2912022 EACH �CCURRENCE $ S,OO�,D00 X E7CCE55 LIAB CL,41M5-MADE AGGREGATE $ S,OOO,D00 DED RETENTION$ FdLLOW FQRM $ FOLL�W FORM q WORFtER5C4MPENSATION Y 00�2006571 11129I2021 11I2912022 � PER DTH- AN� EMPLQYER5' LIA61LffY Yj N STATUTE ER ANYPRDPRIETORIPARTNERIEJCECIJTIVE E.L. EACH ACC DENT $ 7,OOO,D00 6FFICEFLMEMBERE3CCLUDED? � N � A (Mandatary in NH] E.L. �ISEASE - EA EMPLOYEE $ 7,OOO,D00 If yes, descri6e under DESCR PTI�N DF DPER.4TIdNS belaw E.L. �ISEASE - PDLICY LIMIT $ 7,OOU,D00 6 Pollution Lia6ility 0312-1244 11129I2021 11I2912022 Each Incident 10,OU0,000 IncludingMoldlFungus PolicyAggregate 10,000,000 �E5CRIPTIbN flF OPERATIDN5 J LDCAT1aN5 f VEHIC LE5 �ACflRO 701, Additional Remarks 5ched�le, may be attached if more space is required} LeasedlRented Equipment-Travelers Llayds Insurance Co.- Palicy# QT 2F251181 - Term= 11129J2021 - 11J29I2022 Limit: $500,�00 Deduct ble $S,DDa *"'dwnedlScheduled Equipment Limit: $14,470,DdD1 Deductible: $5,000 1 st Layer Excess Liability- Cincinnati Insurance Co= Policy #EXSD635896- Term: 11129I2�21-11f2912D22 - �GCURRENCE $S,ODD,000 AGGREGATE $S,QQO,QQ0. Follow Forrn 2nd Layer Excess Liability- RSUI Indemnity Campany -Policy#NHA096137 -Term= 1112912021-11129J2022 - DCCURRENCE $5,0oo,��D AGGREGATE $S,QUO,QQQ- Follow Forrn -$5M x$10M including TRIA See Attached_.. SHOULD ANY OF THE AB�VE DESGRIBE� PaLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERE�F, NOTICE WILL BE ❑ELIYERE❑ IN Forestar {USA} Real Estate Grnup, �I1C ACCORDANCE WRH THE POLICY PRdVISIQNS. 2221 E. Lamar Bl�d Suite 790 Arlingtnn TX i600fi � 1988-2015 AC�RD C�RPORATIDN. All rights reserved. ACORD 25 �2D16l63] The AC�RD name and loga are registered marks af ACOR❑ ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE WRIG-C1 1 1 Box Insurance Agency Wright Construction Co., Inc. 601 W. Wall St. Grapevine TX 76051 25 CERTIFICATE OF LIABILITY INSURANCE Project: Bar C Ranch Phase 10 Forestar (USA) Real Estate Group, Inc., and City of Fort Worth, its officers, servants and employees are included as certificate holder. COMMERCIAL GENERAL LIABILITY CG 24 17 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad:Designated Job Site: Any Railroad for which you are performing Any jobsite Operations and for which no Railroad Protective liability Policy has been Purchased for the railroad by you, or any Railroad for which ‘your work’ has been Completed or put to its intended use. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or affecting, a Scheduled Railroad at a Designated Job Site, the definition of "insured contract" in the DEFINITIONS section is replaced by the following: 8. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement: d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability Policy Number: TB5-Z91-473677-021 11/29/2021-11/29/2022 means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in paragraph (1) above and supervisory, inspection, architectural or engineering activities. CG 24 17 01 96 Copyright, Insurance Services Office. Inc., 1994 Policy Number: TB5-Z91-473677-021 Pali�y Numher: TB5-Z97•�73fi77-U27 C�MMERCIAL GENERAL LIABILITY 1112912D27-7112912U22 CG 2Q '10 12 19 THIS ENQ�RSEMENT CHANGES THE POLICY. PLEASE READ IT �AREFLlLLY. ADaITIONAL INSIJRED - DWNERS, LESSEES OR CONTRACTORS - SCHEDlJLEO PERSDN �R aRGANIZATIaN This endorsement modifies insurance pro�ided under the following: COMMERGIAL GEIVERAL LIABILITY COVERAGE PART SCHEDULE tiaine UfAdditinnalInsured Persan(s) Ol' Ol' AD1Z8Tl�I1 S Location s Df CaVPI'PI� D el'Ai1aD5 u�foiYuation re uired to com lete ttus Scltedule. if not sho�n aboi�e. �ill he shown u� the Declararions. A. Section II - Who Is An Insured is amended ta include as an additional insured the persan{s) or organizatian(s} shown in the Schedule, but anly with respect to liability for "bodily injury", "property damage" ar "personal and advertising injury" caused, in whole or in park, by: 1. Your acts or amissions; or 2. The acts or omissians af those acting an yaur behalf; in the perforrnan�e of your ongaing operations for the additional insured{s} at the lo�ation(s} designated abo�e_ Hawe�er: 1. The insurance afforded to su�h additional insured only applies to the extent permitted by law; and 2. If co�erage provided to #he additianal insured is required by a contract or agreement, the insurance afforded to such additianal insured will not be braader than that which yau are required by the contract ar agreement to pra�ide far such additianal insured. B. VIlith respe�t to the insurance afforded to these additional insureds, the following additianal ex�lusions apply: This insurance daes not apply to "bodily injury" or "property damage" o�curring after: 1. All work, including materials, parts or equipment furnished in connection with su�h wark, an the praject {ather than service, maintenance or repairs} to be performed by ar an behalf af the additional insured{s} at the location af the coaered operations has been completed; or 2. That partion af "your work" out of which the injury 4r damage arises has been put to its intended use by any person or organization other than another �antra�tor or subcontractor engaged in perForming operations far a principal as a part of the same praject. C. V1lith respect to the insurance afForded to these additional insureds, the following is added to Section III - Limits Of Insurance: If co�erage pro�ided to the additional insured is required by a contract or agreement, the most we will pay on behalf af the additional insured is the amount of insuran�e: 1. Required by the contract or agreement; ar 2. AVailable under the applicable limits of insurance; whicheuer is less. This endorsement shall nat inGrease the applicable limits of insuran�e. � Insurance Services �ffice, Inc_ Qlnsurance Services Qffce. Inc. Palicy Number: TB5-Z91-�73fi77-021 71129f2U21-11129f2022 �OMMERCIAL GENERAL LIA6ILITY THIS ENQaRSEMENT CHANGES THE POLICY. PLEASE READ IT �AREFLlLLY. ADaITIONAL INSIJRED - DWNERS, LESSEES OR CQNTRACTQRS - CQMPLETED QPERATIQNS This endorsement modifies insurance provided under the fallowing: CDMMERCIAL GENERAL LIABILITI' CDVERAGE PART PRO�UCTSICDMPLETED �PERATI�NS LIABILITY COVERAGE PART SCHEDULE �G243T1219 1\ame DfAdditinnal Insured Person(s) Or Or anixarion s Laratian Aud Desciz rion �f Cnm leted � erations uifoir�ation re uu�ed to cain lete this 5chedule. if nat shown abo��e_ u�ill Ue shown in the Declu�ations. A. Section II - Who Is An Insured is amended to in�lude as an additional insured the pers�n�s} ar organizati�n(s} shown in the S�hedule, but only with respect to liability for "k�odily injury" or "property damage" caused, in whole or in part, by "your work" at the Iocation designated and described in the S�hedule of this endarsement perFarmed for that additional insured and included in the "produ�ts-completed aperations hazard". However: 1_ The insurance afFordad to such additional insured only applies t� the extent permitted by law; and 2_ If coverage provided to the additional insured is required by a contract or agreement, the insurance afForded to such additional insured will nat be braader than that whi�h you are required by the �antract or agreement to provide for such additional insured. B. With respect to the insurance afFQrded to these additional insureds, the following is added to Section III - Limits Df Insurance: If coverage pro�ided to the additional insured is required by a contract or agreement, the most we will pay an hehalf of the additional insured is the amount of insurance: 1_ Required by the contract or agreement; or 2_ A�ailable under the applicable limits �f insurance; whichever is less. This endarsement shall not in�rease the applicable limits of insuran�e. Q Insurance Services C]ffice, Inc_ CJlnsurance Servi�es affice. Inc. LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: TB5-Z91-473677-021 11/29/2021-11/29/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 2. Blanket Additional Insured – Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section II – Who Is An Insured is amended to add the following: Additional Insured By Written Agreement The following are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy: 1.Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 2.Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This insurance does not apply to: a.Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; b.Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor; or c.Any premises for which coverage is excluded by endorsement. 3.Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s). 4.Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services. 5.Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a.In connection with your premises; or b.In the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by or for you, including: Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or for you. 6.Any Person or Organization Other Than a Joint Venture: Any person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a.In the performance of your ongoing operations; or b.In connection with premises owned by or rented to you. This insurance does not apply to: a.Any person(s) or organization(s) more specifically covered in Paragraphs 1. through 5. above; b.Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; or c.Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1)The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2)Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organization(s) as an insured under this Item 1.: 1.Applies to the extent permitted by law; 2.Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy; 3.Does not apply to any person(s) or organization(s) for any "bodily injury", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this Policy applies to such person(s) or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury"; 4.Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5.Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 2. Blanket Additional Insured – Grantor Of Permits Paragraph 2. of Section II – Who Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respect to the state, municipality or political subdivision: 1.Coverage will be no broader than required; and 2.Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this Policy. This insurance does not apply to: 1."Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2.Any "bodily injury" or "property damage" included within the "products-completed operations hazard", except when required by written agreement initiated prior to loss; or 3."Bodily injury", "property damage" or "personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV – Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV – Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit". Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LC 32 199 11 18 © 2018 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Reasonable Force Item 2. Non-Owned Watercraft Extension Item 3. Damage To Premises Rented To You – Expanded Coverage Item 4. Bodily Injury To Co-Employees Item 5. Health Care Professionals As Insureds Item 6. Knowledge Of Occurrence Or Offense Item 7. Notice Of Occurrence Or Offense Item 8. Unintentional Failure To Disclose Item 9. Bodily Injury Redefined Item 10. Supplementary Payments – Increased Limits Item 11. Property In Your Care, Custody Or Control Item 12. Mobile Equipment Redefined Item 13. Newly Formed Or Acquired Entities Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement Item 1. Reasonable Force Exclusion a. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: a.Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non-Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: (2)A watercraft you do not own that is: (a)Less than 55 feet long; and (b)Not being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You – Expanded Coverage A.The final paragraph of 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LC 32 199 11 18 © 2018 Liberty Mutual Insurance Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Exclusions c. through n. do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III – Limits Of Insurance. B.Paragraph 6. of Section III – Limits Of Insurance is replaced by the following: 6.Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a.$300,000; or b.The Damage To Premises Rented To You Limit shown on the Declarations. C.Paragraph 9.a. of the definition of "insured contract" in Section V – Definitions is replaced by the following: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; D.The paragraph immediately following Paragraph (6) of Exclusion j. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III – Limits of Insurance. Item 4. Bodily Injury To Co-Employees A.Paragraph 2. of Section II – Who Is An Insured is amended to include: Each of the following is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) or "volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury": (1)To you; (2)To your partners or members (if you are a partnership or joint venture); (3)To your members (if you are a limited liability company); or (4)To a co-"employee" or "volunteer worker" while that co-"employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Paragraph 2.a.(1)(a) of Section II – Who Is An Insured does not apply to "bodily injury" for which insurance is provided by this paragraph. Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LC 32 199 11 18 © 2018 Liberty Mutual Insurance Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B.The insurance provided by this Item 4. for "bodily injury" to a co-"employee" or "volunteer worker" will not apply if the injured co-"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers' compensation law or any similar law. C.Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Health Care Professionals As Insureds A.Paragraph 2.a.(1)(d) of Section II – Who Is An Insured is replaced by the following: (d)Arising out of his or her providing or failure to provide professional health care services. However, any "employee" or "volunteer worker" of the Named Insured who is acting as a Good Samaritan in response to a public or medical emergency or who is a "designated health care provider" is an insured with respect to "bodily injury" and "personal and advertising injury" that: (i)Arises out of the providing of or failure to provide professional health care services; and (ii)Occurs in the course of and within the scope of such "employee's" or "volunteer worker's" employment by the Named Insured. B.With respect to "employees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability: This insurance does not apply to: (1)Liability assumed under an "insured contract" or any other contract or agreement; (2)Liability arising out of the providing of professional health care services in violation of law; (3)Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4)Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or (5)Punitive or exemplary damages, fines or penalties. C.The following definition is added to Section V – Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D.Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 6. Knowledge Of Occurrence Or Offense Knowledge of an "occurrence" or offense by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the "occurrence" or offense. Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LC 32 199 11 18 © 2018 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 7. Notice Of Occurrence Or Offense For purposes of Paragraph 2.a. of Section IV – Commercial General Liability Conditions, you refers to your "executive officer" or "employee" that you have designated to give us notice. Item 8. Unintentional Failure To Disclose Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this Policy shall not be a basis for denial of any coverage afforded by this Policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. Item 9. Bodily Injury Redefined The definition of "bodily injury" in Section V – Definitions is replaced by the following: "Bodily injury" means: a.Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b.Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10. Supplementary Payments – Increased Limits Paragraphs 1.b. and 1.d. of Section I – Supplementary Payments – Coverages A And B are replaced by the following: b.Up to $3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d.All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. Item 11. Property In Your Care, Custody Or Control A.Paragraphs (3) and (4) of Exclusion j. of Section I – Coverage A – Bodily Injury And Property Damage Liability are deleted. B.Additional Exclusion Coverage provided by this endorsement does not apply to "property damage" to property while in transit. C.Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III – Limits Of Insurance, the most we will pay for insurance provided by Paragraph A. above is: $10,000 Each Occurrence Limit $75,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence". The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LC 32 199 11 18 © 2018 Liberty Mutual Insurance Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D.Other Insurance This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this Policy. Item 12. Mobile Equipment Redefined The definition of "mobile equipment" in Section V – Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1)Snow removal; (2)Road maintenance, but not construction or resurfacing; or (3)Street cleaning. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". Item 13. Newly Formed Or Acquired Entities A.Paragraph 3. of Section II – Who Is An Insured is replaced by the following: 3.Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded only until: (1)The 180th day after you acquire or form the organization; (2)Separate coverage is purchased for the organization; or (3)The end of the policy period whichever is earlier; b.Section I – Coverage A – Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c.Section I – Coverage B – Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. B.The insurance afforded to any organization as a Named Insured under this Item 13. does not apply if a Broad Form Named Insured endorsement attached to this Policy applies to that organization. Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this Policy for injury or damage arising out of your ongoing operations or "your work" included in the "products-completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number TB5-Z91-473677-021 Issued by LM INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY – UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Organization(s): Email Address or mailing address: Number Days Notice: Per schedule on file with company Per schedule on file with company 30 A.If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B.This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. Term: 11/29/2021-11/29/2022 LC 25 19 01 15 © 2014 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 Policy Number TB5-Z91-473677-021 Issued by LM Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT OR DESIGNATED LOCATION COMBINED AGGREGATE LIMITS – WITH TOTAL AGGREGATE LIMIT FOR ALL PROJECTS AND LOCATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Designated Construction Project(s) or Designated Location(s): All ‘locations’ and all construction projects at which you are performing ongoing operations. Total Aggregate Limit for all Projects and Locations: $ 15,000,000 A.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project or a single designated "location": 1.A separate Designated General Aggregate Limit applies to each designated construction project and to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Designated General Aggregate Limit is the most we will pay for the sum of all damages under Section I - Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medical expenses under Section I - Coverage C regardless of the number of: a. Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 3.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated General Aggregate Limit for that designated construction project or designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated General Aggregate Limit for any other designated construction project or designated "location". 4.The limits shown in the Declarations for Each Occurrence, Damage to Premises Rented to You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated General Aggregate Limit and the Total Aggregate Limit for all Projects and Locations. Term: 11/29/2021-11/29/2022 LC 25 19 01 15 © 2014 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 5.The Total Aggregate Limit for all Projects and Locations shown in the Schedule of this endorsement is the most we will pay for the sum of all damages caused by "occurrences" under Section I – Coverage A and all medical expenses caused by accidents under Section I – Coverage C which can be attributed only to ongoing operations at a designated construction project or designated "location" shown in the Schedule of this endorsement, regardless of the number of construction projects, "locations", "occurrences" or accidents. 6.Each Designated General Aggregate Limit is subject to the Total Aggregate Limit for all Projects and Locations shown in the Schedule of this endorsement. B.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project or single designated "location": 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Designated General Aggregate Limit. C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated General Aggregate Limit. D.If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E.For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition: "Location" means any premise that you occupy for permanent operations as part of your business, but does not include any premises at which you are performing operations as part of a construction project. All premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "location". F.The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Policy NumberTB5-Z91-473677-021 11/29/2021-11/29/2022 COMMERC MARIAL INLAND INE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET LOSS PAYEES This endorsement i ies insurance pro ided under t AK C GE ORM.mod f v he IM P OVERA F b.Pay any cla m for loss or damage join y to youitlThe fol is added to Section E – ADDITlowing IONAL COVERA ONDI ONS:and the Loss Payee as your interests may ap-GE C TI pear.Loss Payable Pro isionv This endorsement applies to al Co red Property forl veIn the e o a Co Cause of Loss to Covent f vered vered which a Loss Payee is on f with us or your insur-ileProperty in which both you and a Loss Payee share ance agent or insurance broker.an insurable interest, we will: a.Adjust the andloss or damage with you; CM T5 60 01 10 Page 1 o 1f© 2009 The Travelers Indemnity Company Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: QT 2F251181 11/29/2021-11/29/2022 POLICY NUMBER: AS5-Z91-473677-011 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER 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" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization where the named insured has agreed by written contract to include such person or organization as a designated insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II – Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I – Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 1 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I.Newly Acquired or Formed Organizations II.Employees as Insureds III.Lessor - Additional Insured and Loss Payee IV.Supplementary Payments - Increased Limits V.Fellow Employee Coverage VI.Personal Property of Others VII.Additional Transportation Expense and Cost to Recover Stolen Auto VIII.Airbag Coverage IX.Tapes, Records and Discs Coverage X.Physical Damage Deductible - Single Deductible XI.Physical Damage Deductible - Glass XII.Physical Damage Deductible - Vehicle Tracking System XIII.Duties in Event of Accident, Claim, Suit or Loss XIV.Unintentional Failure to Disclose Hazards XV.Worldwide Liability Coverage - Hired and Nonowned Autos XVI.Hired Auto Physical Damage XVII.Auto Medical Payments Coverage Increased Limits XVIII.Drive Other Car Coverage - Broadened Coverage for Designated Individuals XIX.Rental Reimbursement Coverage XX.Notice of Cancellation or Nonrenewal XXI.Loan/Lease Payoff Coverage XXII.Limited Mexico Coverage XXIII.Waiver of Subrogation I.NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A.There is no similar insurance available to that organization; B.Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1.The 90th day after you acquire or form the organization; or 2.The end of the policy period, whichever is earlier; and C.The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 2 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. II.EMPLOYEES AS INSUREDS Paragraph A.1. Who Is An Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended to add the following: Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. III.LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A.Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any "leased auto" until the expiration date of this policy or until the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. B.For any "leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured provision is changed to include as an "insured" the lessor of the "leased auto". However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1.You. 2.Any of your "employees" or agents; or 3.Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. C.Loss Payee Clause 1.We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered "leased auto". 2.The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part. 3.If we make any payment to the lessor of a "leased auto", we will obtain his or her rights against any other party. D.Cancellation 1.If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2.If you cancel the policy, we will mail notice to the lessor. 3.Cancellation ends this agreement. E.The lessor is not liable for payment of your premiums. F.For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such "leased auto". "Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the covered "auto" is out of service because of its breakdown, repair, servicing, "loss" or destruction. POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 3 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. IV.SUPPLEMENTARY PAYMENTS - INCREASED LIMITS Subparagraphs A.2.a.(2) and A.2.a.(4) of SECTION II - COVERED AUTOS LIABILITY COVERAGE are deleted and replaced by the following: (2)Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. V.FELLOW EMPLOYEE COVERAGE A.Exclusion B.5. of SECTION II - COVERED AUTOS LIABILITY COVERAGE does not apply. B.For the purpose of Fellow Employee Coverage only, Paragraph B.5. of SECTION IV - BUSINESS AUTO CONDITIONS is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. VI.PERSONAL PROPERTY OF OTHERS Exclusion 6. in SECTION II - COVERED AUTOS LIABILITY COVERAGE for a covered "auto" is amended to add the following: This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal property" of your "employees" or others while such property is carried by the covered "auto". The Limit of Insurance for this coverage is $5,000 per "accident". Payment under this coverage does not increase the Limit of Insurance. For the purpose of this section of this endorsement, "personal property" is defined as any property that is not used in the individual's trade or business or held for the production or collection of income. VII.ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A.Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we will pay is increased to $50 per day and to a maximum limit of $1,000. B.Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: If your business is shown in the Declarations as something other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the place where it is recovered to its usual garaging location. VIII.AIR BAG COVERAGE Exclusion B.3.a. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. IX.TAPES, RECORDS AND DISCS COVERAGE Exclusion B.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a.Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or data electronic devices: POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 4 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1)Are your property or that of a family member; and (2)Are in a covered "auto" at the time of "loss". The most we will pay for "loss" is $200. No Physical Damage Coverage deductible applies to this coverage. X.PHYSICAL DAMAGE DEDUCTIBLE - SINGLE DEDUCTIBLE Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: D.Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. When two or more covered "autos" sustain "loss" in the same collision, the total of all the "loss" for all the involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibles applying to all such covered "autos". XI.PHYSICAL DAMAGE DEDUCTIBLE – GLASS Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it. XII.PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. XIII.DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to: a.In the event of "accident", claim, "suit" or "loss", your insurance manager or any other person you designate must notify us as soon as reasonably possible of such "accident", claim, "suit" or "loss". Such notice must include: (1)How, when and where the "accident" or "loss" occurred; (2)The "insured's" name and address; and (3)To the extent possible, the names and addresses of any injured persons and witnesses. Knowledge of an "accident", claim, "suit" or "loss" by your agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "accident", claim, "suit" or "loss" from your agent, servant or "employee". b.Additionally, you and any other involved "insured" must: (1)Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 5 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2)Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3)Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4)Authorize us to obtain medical records or other pertinent information. (5)Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. XIV.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. XV.WORLDWIDE LIABILITY COVERAGE - HIRED AND NONOWNED AUTOS Condition B.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory means all parts of the world subject to the following provisions: a.If claim is made or "suit" is brought against an "insured" outside of the United States of America, its territories and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate, negotiate, and settle or defend such claim or "suit". If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or defend the claim or "suit" and we will reimburse the "insured" for the expenses reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The "insured" shall provide us with such information we shall reasonably request regarding such claim or "suit" and its investigation, negotiation, and settlement or defense. The "insured" shall not agree to any settlement of the claim or "suit" without our consent. We shall not unreasonably withhold consent. b.We are not licensed to write insurance outside of the United States of America, its territories or possessions, Puerto Rico and Canada. We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto insurance. Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This insurance does not apply to such fines or penalties. XVI.HIRED AUTO PHYSICAL DAMAGE If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A.We will pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private passenger type hired without an operator for use in your business: POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 6 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1.The most we will pay for coverage afforded by this endorsement is the lesser of: a.The actual cost to repair or replace such covered "auto" with other property of like kind and quality; or b.The actual cash value of such covered "auto" at the time of the "loss". 2.An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3.If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. B.For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you own. If no applicable deductible is shown in the Declarations, the deductible will be $250. If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsement does not apply. C.Paragraph A.4.b. of SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by the following: b.Loss of Use Expenses For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a private passenger vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (1)Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2)Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3)Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900. XVII.AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS For any covered "loss", the Limit of Insurance for Auto Medical Payments will be double the limit shown in the Declarations if the "insured" was wearing a seat belt at the time of the "accident". This is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds", premiums paid, claims made, or vehicles involved in the "accident". If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of this endorsement does not apply. XVIII.DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS A.This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the Schedule to this endorsement. B.SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1.Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or her spouse while a resident of the same household except: POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 7 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a.Any "auto" owned by that individual or by any member of his or her household; or b.Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2.The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her spouse, while a resident of the same household, are "insureds" while using any covered "auto" described in Paragraph B.1. of this endorsement. C.Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as follows: The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her "family members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member". D.SECTION III - PHYSICAL DAMAGE COVERAGE is changed as follows: Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in the Drive Other Car section of the Schedule to this endorsement or his or her spouse while a resident of the same household except: 1.Any "auto" owned by that individual or by any member of his or her household; or 2.Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E.For purposes of this endorsement, SECTION V - DEFINITIONS is amended to add the following: "Family member" means a person related to the individual named in the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. XIX.RENTAL REIMBURSEMENT COVERAGE A.For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage. B.We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage limit. C.Our payment is limited to the lesser of the following amounts: 1.Necessary and actual expenses incurred; or 2.$30 per day with a maximum of $900 in any one period. POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 8 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D.This coverage does not apply: 1.While there are spare or reserve "autos" available to you for your operations; or 2.If coverage is provided by another endorsement attached to this policy. E.If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Paragraph A.4. Coverage Extensions of SECTION III – PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section VII of this endorsement. XX. NOTICE OF CANCELLATION OR NONRENEWAL A.Paragraph A.2. of the COMMON POLICY CONDITIONS is changed to: 2.We may cancel or non-renew this policy by mailing written notice of cancellation or non-renewal to the Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non-renewal Schedule: a.For reasons of non-payment, the greater of: (1)10 days; or (2)The number of days specified in any other Cancellation Condition attached to this policy; or b.For reasons other than non-payment, the greater of: (1)60 days; (2)The number of days shown in the Cancellation and Non-renewal Schedule; or (3)The number of days specified in any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non-renewal. B.All other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto, remain in full force and effect. XXI.LO AN/LEASE PAYOFF COVERAGE The following is added to Paragraph C. Limits Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto", less: 1.The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2.Any: a.Overdue lease/loan payments at the time of the "loss"; b.Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c.Security deposits not returned by the lessor; d.Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 9 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. e.Carry-over balances from previous loans or leases. This coverage is limited to a maximum of $1,500 for each covered "auto". XXII. LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A.Coverage 1.Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a.The "accidents" or "loss" occurs within 25 miles of the United States border; and b.While on a trip into Mexico for 10 days or less. 2.For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B.Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C.Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1.If the covered "auto" is not principally garaged and principally used in the United States. 2.To any "insured" who is not a resident of the United States. XXIII.WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. POLICY NUMBER: AS5-Z91-473677-011 AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 10 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Schedule Premium Liability Physical Damage Total Premium XVIII.Drive Other Car Name of Individual LIAB MP UM UIM COMP COLL XX.Notice of Cancellation or Nonrenewal Name and Address Number of Days POLICY NUMBER: AS5-Z91-473677-011 LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number AS5-Z91-473677-011 Issued by LM INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY – UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Organization(s): Email Address or mailing address: Number Days Notice: Per Schedule On File With the Company Per Schedule On File With The Company 30 A.If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B.This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 Policy Number: AS5-Z91-473677-011 Issued by: LM Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE 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 Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Regarding Designated Contract or Project: Any contract or project where you have agreed in writing to add as an additional insured, on a noncontributing basis, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy Each person or organization shown in the Schedule of this endorsement 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 II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 03 04 B Insured copy 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 11/29/21 at 12:01 a.m. standard time, forms a part of: Policy no. 0002006571 of Texas Mutual Insurance Company effective on 11/29/21 Issued to: WRIGHT CONSTRUCTION COMPANY INC This is not a bill NCCI Carrier Code: 29939 Authorized representative 11/17/21 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com | (800) 859-5995 | Fax (800) 359-0650 WC 42 03 04 B 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 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 06 01 Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT 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 11/29/21 at 12:01 a.m. standard time, forms a part of: Policy no. 0002006571 of Texas Mutual Insurance Company effective on 11/29/21 Issued to:WRIGHT CONSTRUCTION COMPANY INC This is not a bill NCCI Carrier Code: 29939 Authorized representative 11/17/21 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com | (800) 859-5995 | Fax (800) 359-0650 WC 42 06 01 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. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to:PER LIST ON FILE Pollution Policy#�312-1244 11129l2021 ta 1 �1f2912�22 (at 12:01 A.M. standard time at the address af the Named Insured as shawn in Item 1. af the aeclaratiansy MICR061AL MATTER AND POLLUTIQN INCIDENT �iNCLUDING SILT AND SEDIMENTI DEFINITIONS AMENDMENT It is hereby agreed that SECTI�N VI - DEFINITIDNS, 17. Microbial matter and 25. Pollution incident, are deleted in their entirety and replaced by the following: 17. Microbial rnatter means legianella pneumophila, fungi ar mold which reprodu�e thraugh the splitting �f �ells, the release of spores or by any other means, whether or not such fungi ar mnld is living. Micrebial matter, with the exception of legionella pneumophila, daes not in�lude any ba�terium or �irus. 25. Polluti4n incident rneans the discharge, emission, seepage, migratian, dispersal, misdeliaery, release or escape af: a. any salid, fiquid, gaseous ar thermal irritant or cantaminant, including smoke, wapars, soot, fumes, acids, alkalis, chemicals, hazardous substances, petroleum hydrocarhans; b. I�w le�el radioactive waste; c. microbial matter; d. medi�al, infectioUs and patholagical waste; e. waste materials; f. electromagnetic fields; and g. silt and sediment, into ar upon land, or any structure on land, the atmasphere or any watercourse or body of water including groundwater, provided su�h condi#ions are nat naturally present in the environment in the concentratian ar arnaunts disco�ered. All ather terms and �anditians of this palicy remain un�hanged. Page 1 of 1 Page 1 of 2 (at 12:01 A.M. standard time at the address of the Named Insured as shown in Item 1. of the Declarations) CLAIMS-MADE AND REPORTED INSURING AGREEMENT FOR SCHEDULED LOCATIONS It is hereby agreed that the following changes are made to the policy: 1. The following Schedule of Locations applies to this endorsement. Schedule of Locations Location Retroactive Date 2. Solely with regard to a pollution incident on, at, under or migrating from a location shown in the Schedule of Locations of this endorsement, paragraph a. of SECTION I – COVERAGES, 1. Insuring Agreement, is deleted in its entirety and replaced with the following: a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury, property damage or environmental damage to which this insurance applies arising out of a pollution incident on, at, under or migrating from a location shown in the Schedule of Locations of this endorsement, but only if: (1) The pollution incident is the result of an occurrence that takes place in the coverage territory; (2) The pollution incident is caused by your work that first commenced on or after the Retroactive Date designated for the location shown in the Schedule of Locations of this endorsement; (3) The pollution incident results in a claim for bodily injury, property damage or environmental damage; and (4) The claim is first made against the insured during the policy period and reported to us, in writing, no later than ninety (90) days after the last day of the policy period. 3. Solely with regard to a pollution incident on, at, under or migrating from a location shown in the Schedule of Locations of this endorsement, paragraphs c., d. and e. of SECTION I – COVERAGES, 1. Insuring Agreement, are deleted in their entirety. 4. SECTION III – EXCLUSIONS, 9. Insured’s Locations, is deleted in its entirety and replaced with the following: Pollution Policy #0312-1244 11/29/2021 to 11/29/2022 Page 2 of 2 9.Insured’s Locations Bodily injury, property damage, environmental damage or emergency response expense arising from a pollution incident on, at, under or migrating from any location which is: a. owned or occupied by, or rented or loaned to any insured; or b. shown in the Schedule of Locations of this endorsement. However, this exclusion does not apply to a claim for bodily injury, property damage, or environmental damage arising out of a pollution incident on, at, under or migrating from a location shown in the Schedule of Locations of this endorsement, provided that insurance is afforded for such claim under paragraph 2. of this endorsement. 5. Solely with regard to a pollution incident on, at, under or migrating from a location shown in the Schedule of Locations of this endorsement, the following two exclusions are added to SECTION III – EXCLUSIONS: Claim Asserted After Policy Expiration [This insurance does not apply to:] Any claim that is asserted against an insured after [insert last day of policy period]. Known Injury or Damage – Scheduled Locations [This insurance does not apply to:] Any actual or alleged pollution incident, bodily injury, property damage or environmental damage that occurred, in whole or in part, prior to the first day of the policy period and was known prior to the first day of the policy period by a responsible manager or reported to any insurance company prior to the first day of the policy period. Any continuation, change or resumption of such pollution incident, bodily injury, property damage or environmental damage will be deemed to have been known by a responsible manager prior to the first day of the policy period. 6. The following paragraph is added immediately after the first paragraph on page 2 of the policy (beginning, “Various provisions in this policy…”): CERTAIN INSURING AGREEMENTS IN THIS POLICY REQUIRE THAT A CLAIM BE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED TO US, IN WRITING, WITHIN A SPECIFIED NUMBER OF DAYS AFTER THE POLICY PERIOD ENDS. All other terms and conditions of this policy remain unchanged. Pollution Policy #0312-1244 11/29/2021 to 11/29/2022 WC Manu B Page 1 of 1 9 March 10, 2020 (at 12:01 A.M. standard time at the address of the Named Insured as shown in Item 1. of the Declarations) 0312-1244 Wright Construction Co., Inc. Allied World Assurance Company (U.S.) Inc. ADDITIONAL NOTICE OF CANCELLATION (AMENDMENT OF CANCELLATION CONDITION) Section V – Conditions, 3. Cancellation is amended to include the following additional condition: In the event that we cancel this policy for any reason, other than for the nonpayment of premium, we will provide advance written notice of such cancellation to the entity(ies) or indi vidual(s) shown in the Schedule below in accordance with the number of days stated. SCHEDULE Entity or Individual Address Number of Days Advance Written Notice of Cancellation (Other Than Nonpayment of Premium) Sapphire Bay Construction, LLC 835 E. Lamar Blvd., Suite 485 Arlington, Texas 76011 30 All other terms and conditions of this policy remain unchanged. By: Joseph Cellura Title: President, North American Casualty Division Date: March 11, 2020 Pollution Policy #0312-1244 11/29/2021 to 11/29/2022 Pallution Palicy #031 �-1 ��� 1112912D�'I ta 11f�9120Z2 4. Any person ar ❑rganization with whom you agree to include as an insured in a written contract or written agreement, but only with respect to bodily injury, property damage, en�ironrnental damage or emergency respanse expense arising out of yvur work. 5. Any person ar arganizatian that has at least a 5Q°/o contralling interest in yau but only with respect to bodily injury, prQperty damage, enviranmental damage or emergency response expense arising aut of their f nancial �ontrol of you. No persan or organization is an insured with respect to the canduct af any current or past partnership, joint venture ar limited liability company that is nat shown as a Named Insured in the aeclarations_ SECTI�N III — EKCLUSIDNS This insurance does nat apply ta: 1. Contractual Liability Bodily injury, proper#y damage, en�ironmental damage or emergency respense expense for which the insured is obligated ta pay damages by reason of the assumptian of liability in a contract or agreement. This exclusion does not apply to liability for darnages: a. That the insured would have in the absence af the cantract or agreement; or b. Assumed in a cantract or agreement that is an insured contract, pro�ided the bodily injury, prQperty damage, en�ironmental damage ar emergency response expense o�curs subsequent to the exe�ution of the contract ar agreement_ 5alely for the purposes of liability assurned in an insured cnntract, reasanable attorneys' fees and necessary litigatian expenses incurred by or for a parry other than an insured are deemed ta be darnages because of bodily injury, property darnage, en�ironmental damage or emergency response expense, pro�ided: �1 } Liability to such parry for, ar far the cast af, that party's defense has alsa been assumed in the same insured cnntract; and �2} 5uch attorneys' fees and litigatian expenses are for defense of that party against a civil or alternative dispute resolution pro�eeding in which damages to which this insUran�e applies are alleged. 2. Criminal Fines, Penalties and Assessrnents Any criminal fnes, criminal penalties or criminal assessments. 3. Damage to Con�eyance Prnperty damage to any conr�eyance utilized dUring transportatinn. This exclusian does not apply ta claims made by third-party carriers for such property damage arising irom the insured's negligence. 4. Damage to Praperty Prnperty damage or envirnnmental damage t�: a. Property you own, rent, or occupy in�luding any costs or expenses in�urred by you, or any other person, organizatian or entity, far repair, replacement, e�nhancement, restoration or maintenance ENV-CPL DDOfl3 DD �fl2112} Page 7 of 22 Includes copyrighted material of Insuran�e Services Offlces, Inc. with its permission. Pollutian Policy #D312-1244 11129f2fl21 to 1112912fl22 b. To sue us on this policy unless all of its terms haae heen fully camplied with. A person or organization may sue us ta reco�er on an agreed settlement or on a final judgment against an insured; but we will not be liable fvr damages that are not payable under the terms af this poli�y ar that are in ex�ess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant ❑r the claimant's legal representative. 12. Dther Insurance If other valid and colle�tible insuran�e is a�ailable to the insured far a loss we cover under this policy, our ohligatians are limited as follows: a. Primary Insuran�e This insurance is primary ex�ept when Paragraph b. belaw applies. If this insurance is primary, our obligatians are nat affected unless any af the other insurance is also primary. Then, we will share with all that ather insurance by the method des�ribed in Paragraph b. below. Hawe�er, in the event that a written cantract or written agreement requires this insurance ta be primary for any person or organizatian with wham you agreed ta insure and such person or organization is an insured under this policy, we will not seek contributions from any sueh other insurance issued to such person or organization. b. Method af Sharing If all of the ather insurance permits cantributian by equal shares, we will alsa follow this methad. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance ar none of the foss remains, whichewer comes first. If any of the other insuran�e does not permit �ontribution by equal shares, we will cantribute by limits_ Under this method, each insurer's share is based on the ratio �f its applicable limit of insurance to the total appli�able limits af insurance of all insurers. c. Prnject Specific Insurance Pnlicy Notwithstanding Paragraphs a. and b. above, if a pro}ect �avered under this poli�y is insured under a policy specifi�ally purchased ta apply to such praje�t, this poli�y will apply ex�ess of such policy. 13. Prerniums and Deductible The first Named Insured shown in the �e�larations: a. Is responsible f�r the payment of all premiUms; b. Will be the payee far any return premiums we pay; and c. Is responsible for the payment of all deductibles. 1d. Representatians a. By accepting this policy, you agree: ENV-CPL DDOfl3 DD �fl2112} Page 14 of 22 Includes copyrighted material of Insuran�e Services Offlces, Inc. with its permission. Pallutian Policy #a312-1244 1112912D21 ta 1112912022 �1} The statements and information in any Appli�ation andlor Questionnaire and ather supplemental materials submitted ta us are accurate and complete and are material to our underwriting of this palicy; �2} Those statements and the informatian provided are based upan representations you made to us; and �3} We have issued this palicy in reliance upon yaur representations. b. Misrepresentatian, concealment, breach of a terrn or condition, ar �ialatian of any duty under this palicy by ane insured shall not prejudice the interest af coverage for another insured under this policy. Provided, however, that this candition shall not apply to any insured wh❑ is a parent, subsidiary or afFliate of the first Named Insured. 1�. 5eparation af Insureds Except with respect ta the Limits af Insurance, and any rights ar duties sp�cifcally assigned in this poli�y to the first Named Insured, this insuran�e applies: a. As if each Named Insured were the only Named Insured; and b. 5eparately to each insured against whom claim is made or suit is brought. 16. 5er�vice of 5uit In the event of our failure to pay any amount �laimed to be due hereunder, we, at your request, will subrnit to the jurisdi�tian of a �ourt of �ompetent jurisdiction within the United States. Nothing in this conditian �onstitutes or should fae understood to constitute a waiver af our rights to Gommence an action in any court of competent jurisdiction in the United States, tv remave an activn to a LJnited States aistrict Caurt, ar to seek transfer of a case to another caurt as permi#ted by the laws of the United 5tates or of any state in the United 5tates. It is iurther agreed that service af process in such suit may be made u�an counsel, Legal Department, Allied World Assurance Company (L1.5.} Inc., 199 Water 5treet, 24 h Floor, New York, NY 10D38 or his ar her representative, and that in any suit instituted against us upan this policy, we will abide by the final decisian af such caurt ar af any appellate court in the event of an appeal. Further, pursuant to any statute of any state, territ�ry, or district af the United States whi�h makes prauision therefore, we hereby designate the 5uperintendent, Cammissioner or Dire�tor af Insurance, or ather ofFicer specified for that purpose in the statute, or his or her successors in office, as its true and lawfuf agent upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on your behalf or any beneficiary hereunder arising out of this palicy af insurance and hereby designates the abo�e named as the person to whom the said offi�er is authorized to mail such process ar a true copy thereof. 17. Transfer of Rights nf Recovery Against Others to LJs If you have rights t� recower all or part af any payment we have made under this palicy, those rights are transferred t� us. Yau must do n�thing after loss ta impair them. At our request, yau will bring suit or transfer those rights to us and help us enforce them. Hawever, we waive our right{s} af re�overy against any person or organization if and to the extent yau have agreed to waive your right�s} of reco�ery against such person or vrganization in a written contract signed by you priar to the first commencement of a pollution incident out of which the claim or reques# far emergency response expense arises under Se�tian I— Caverages, 1. Insuring Agreement. ENV-CPL DDOfl3 DD �fl2112} Page 15 of 22 Includes copyrighted material of Insuran�e Services Offlces, Inc. with its permission. ENV-CPL 00003 00 (02/12)Page 16 of 22 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Any recovery as a result of subrogation proceedings arising out of the payment of loss covered under this policy shall accrue first to us to the extent of our payment under the policy, and then to you to the extent of your deductible. Expenses incurred in such subrogation proceedings shall be apportioned among the interested parties in the recovery in the proportion that each interested party’s share in the recovery bears to the total recovery. 18.Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent, which shall not be unreasonably withheld, except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. 19.When We Do Not Renew If we decide not to renew, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than ninety (90) days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION VI – DEFINITIONS 1.Auto means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. b. Any other land vehicle that is subject to a compulsory or financial responsibility law in the state where it is licensed or principally garaged. However, auto does not include mobile equipment. 2.Bodily injury means bodily injury, physical injury, sickness, building-related illness, mental anguish, shock or emotional distress or disease sustained by a person, including death resulting from any of these at any time. Bodily injury damages shall include monetary awards or settlements of compensatory damages and where allowable by law, punitive, exemplary, or multiple damages, and civil fines, penalties, or assessments for bodily injury. 3.Claim means a demand seeking a remedy and alleging liability or responsibility on the part of the insured. 4.Clean-up costs means reasonable and necessary expenses, including restoration costs and legal expenses incurred with our prior written consent, which consent shall not be unreasonably withheld or delayed, to investigate, abate, contain, treat, remove, remediate, monitor, or dispose of soil, surfacewater, groundwater or other contaminated media but only: a. To the extent required by environmental laws; b. For those costs that have been incurred by the government or any political subdivision of the United States of America (including its territories and possessions), Puerto Rico and Canada or by third parties; or c. In the absence of a. above, to the extent recommended by an environmental professional. Pollution Policy #0312-1244 11/29/2021 to 11/29/2022 [][] (�2 13 - ] PERi�UIt�7ANt:H RC]�[.) Page 1 oi 3 1 2 3 4 5 6 7 TIIE STATE f)F 7'�:x.t5 C{} � 1�1'�' Y[7F TARRANT SECTIU�' 00 62 13 f3ond h'o. TXC613892 PERFU�tMANCE BQI�f� § � KNUW ALL BY THN.SE YRESFIVTS: § S 'I hat we, V4rri�ht Con5truction Ca.. In�, �a�n � 9 "Principal" herein and ��rGhants Bonding Cornpany (Mutual} _, a corparate 1Q sarety(surelics, if more than one) du�y autharized io do ���siness in thc State af Texas, known as ll l2 "5urety" herein {�l�eiher ane or rnQre), are he4d and firrn�y bound untc} tlic De�elaper, Farestar US�I Real Estate Grou lnc., auihnri�cd to da busincs5 in Texas ("I]�G•cloper") and the �:i�y af 13 �'ort iWorth, a Texas mun}c.ipal carporat.ion ("City"), in the p�na� sum af, �CVVU MII I,ION 14 TWO HUNDRED EItxH�FY TI1 USAN❑ ��:VEN H[TN[]1tED SEVENT -Ti-�NF�: I)�llars 15 1:�'2.?80.773.d0), lawful mancti of tFie t]nit�d Staies, tn be paid in Fort Wnrth, �1'arrant C;aunty, 1� 17 18 19 �U 21 Texas for the payment af w��'sch sum �uell and tru�y to he mad� jni��tly uni� 1he DeWeloper and the L:ity as du�ii obligces, ��e ksind ourselaes, nur heirs, execUfpiS; aC�miniStCatoi'S, successors and assig-ns, jointiy and sa�erally, firmly �y these presents. W 1�LNEAS, De�elnper aii�i C;ity 11a�+e entered i�tU an Agrccm��t For tlic s;onstru�tion of comrnunity faciiities in the City af Fort �vorth by and through a Community l-'a�ilities Agreement, CFA Number CFA21-OOdS; and 22 WHEI�l�:AS, the Principal ha5 entercd intt� a �erfairl writ#en contract with the I]eveloper awarded 23 ihe �th �dy p� October ,�p 2l ,�vhich Gontract is hereby referred ta and made a 24 part hereof for all purposes as if fulfy sct forth herein, to f��rrlish ail materiais, cquiprnent lab«r 25 and other ac�essories deiincd by law, in lh� prosecutinn c�f Lhe W`ork, including any C'han�e 2b �rders, as pro�+idcd for in sa.id Cnntract desi�ialed a�s �ar C Ranch f'hase l 0, CP�1 Na. 102���. 27 N(]VL�', TH E'�7EFORE, the �onditinn oithis c�bligation is sEich �hat if tl�e said Principxl 28 shall faithfuily �erfarrn it obligatinr}s under�he Cnntrac# and shal� in all respects d�Ely and a9 fait��fuliy perfprm thc W�rk, includin� Change Orders, a��der the Cc�ntraet, according ta th� plxns, 3Q specificatians, and contract dcrcum�ents #her�in referred to, and as wel� durin� any period of :31 extensiar� nf the Gontraet that may hc gr��nted on the pari of ihe Developer andic�r City, t��en ihis 32 obli�;ation sha�l be and bccoine null and void, otherwi�e fo rernain in I`ull force and eCfect. Cf-TY (?r 1 ORT V4'pR ]'}i 5 TAN T] A RL] C I I 1' C D�ti 17I'I-I[ ]til S— ll� V� LL] Y I�:1L A W A R 6f .I ] P li(711:C: T5 Aevised January 31 _ 2[!l2 Bur C Runch Phase 10 CPNNa. i61�9�! Bond No. TXCb13$92 �Q62 ]3-2 FERFDRMAIVCE B�PdD Page 2 af 3 1 PR4VI�ED FURTHEIi, that if any legal action hc file� on ti�is Bond, �enue shall lie in 2 Tarrant Coun#v. 1'c;x�.5 orthe L]nited StatGs I�istrict C'our� for ihe Northern I�istttici of Texas, Fnrt 3 Worth I)ivisio�. 4 5 G This bt�nd is made and executed in cnmplianeewith th�: prn�isions nf'Chapter2253 ofthe I'cx�s Gnvernment C'oda, �s amer�ded, and all liabilitics an�►is boncl stialf be determined in ac�ordance with thc pror•isions c�C said statue. 7 11V �VITNESS VVHERE�P', the Principal and the Surety ha�+e SIGVLD and SF.ALLD S this instrument by duly authori2ec! agents and ot�icers an lhis the �gz}3 day of g lanuary . 20 22 . 1 [} Il 1Z 13 l4 l5 16 17 t8 i9 2d 21 22 23 24 25 26 27 28 29 30 3� 32 33 34 35 36 37 38 39 40 a1 az 43 4Q 45 46 47 A'FTES ': � rinc pal} Secretary I ti� : = �. Witn�ss as to Principal �;�� 7l l.i�. L'ti �` � L-�ti��f6i. Witness as to Surety S€�art3n ll�Finilre ]'RI;�ICIPAL; l�'ri�ht C.croslr a . Inc. BY: 5ignature �� � _, � ,:-c f]:: �`. � — Namc and 'fitle Addre55: 60l �V. �i�'all �Tre�t G��-,{�e►+ine. '1�K 76451 SURL'I'Y : MerGha�ts Finnding Cornpany (Mutual) : B . �� e nat L� 7ennifcr Upton, AtWmey-in-Fa�t Nan�c arid "1'itle Address: P [). Box 1�49& _ Des Moines. IA SD3q6-3498 Telepf�nneNumber: f{15}243-8171 *Nate: if' Signed by an of#icer of the 5ur��; Compar�y, there mL�st be on tile a certi fied extract from ti�e hy-�aws showin�, that this p�non has autharity to si�n such o�li�ation. If Surety's physical address is di{'feren# frn�n it5 mailirig address, botli �nust i�e prc7vided. CITY OF E�OAT WU�H l tl Bar C Rarrch Plrase 10 5T�1Ni3:1RDC[TYCON131I'IUNS — LIF..VFI.(]PE:R AWARI7FI] PRt711�:C`l5 CP,'VNO. 101449 Kevisedlanuary 31, 2412 OflG�1�-1 YAYh1LNT R{.l�llJ Pdgc ] of 2 i 2 3 4 5 6 7 SF.CT�UN UO 62 14 PAYNIf;N'C $C]Ni) Bond 1ti�o. TXC613842 TI�E STATF: UF TEXAS § � KNDW ALL BY THESE PHESENTS: C[]U1ti'�Y QF TARI�►NT § 8 'I'hat we, Wri ht Cnns#ruction Co.. Inc. , ktx�.�n as 9 "Principal'' t�erein, and Mer�chants Bnndin Corn an '(Mufual , a 14l cnrporate sureiy ( or sureties if more than one�, dtiily authori.cd to do business in the State of I1 Texas, known as "5urety" herein {whether or�e or nwrc), are held and firmly bnur�d unta �he ]2 ❑eveloper, Forestar ti5A Real Fstate Grou . Ir�c., au#hvriz.ed io do husiness iri Texas 13 "{Developer"), and thc Cit; nf I�ort W�rth, a Texas municipal cotporation {"City"}, in rhe pe�a1 ]4 sum of TWU i1�IIL1,T[)N TWD IIU�tillRP:l] EIGHTY THC]USAND. SEVEI►T �-IU1�iDREfl I5 SEVENTY-7'HREE �oll��rs (. 2.2$d 773.U4), lawful ��innc� of the i!nitcd 5tat�s, to be p�id in lG I�ort Worth, �'arrant Coratity, '1'exas, for th� payment of whic� s�tm weil and truly be made jointly 17 untn the I]e�elaper and lh� City as dual abligees, we bind �ursel�es, aur heirs, executors, 1$ adrninislrators, successors and assi�,ns, jointly and se�erall�, firrnZy by these presents: ]9 �o 2i 22 W1Ik.REAS, De��lnper and City hat�e entered into an �lgreement far tfie constrti�tion af cammunity facilrtics in the City af Nnrt Worth, by° and throu�h a Community 1-�acilities llbreerncnt, +C:f'I1 �umber CF,�2]-OD65; and WN.k:I�iT+.AS, Principa� has e�ltcre�i ii�io a certain writtcn {',nntract ,r�ith Dc�elnper, 23 a�=arded the 4t�i day of Uctober , 20 ?1 , w��ich Cnntract is hereby 24 referred to ar�d made a part here�f' f'r�r all purpases as if f'ully set forth l,erein, tc� f'urnish al1 25 materials, equiprr�ent, lahor and other ac�essories as defined �y law, in the prose�ution of` tk�e 2b 27 28 Wnrk as provided fnr in said Contract and designated as i3�r C' IZanch Phase 10, CPtif No. 1D2444. NQ�', TH1�:NEFURE: `FH3�. CpNDI'11Q1� [)�' THIS OBLIGATI�N is such that if 29 Princi�at sha11 pay ali monics o4�ing to a.ny (a�d all} pay,ncn# hot�d benefi�iary (as defined in 30 Chapter 2253 nfthe Texas Ciovernmcnt Cade, as amcnded) in the prosccutinn of thc Work under 3l ttie Cnntract, thcri t}i�s nbligati�rn st�all be and becvmc null nrid �oid; otherwise t�� remain in full 32 fc}rce and effect. CY'i'Y �1� l []I�i V4'QTiTN STA3VDdRf] t:I IY CDNI7T1"I()NS—DEVELOPEiR AWARI]ED FROJI�:C'T5 Revised lanuary 31. 2p12 Bar C Ranch Phase 10 CPN No, lP14a9 Bond No. TXCG13892 0�] Fi2 14-2 PAYN1Eh1T S1?ND Yage 2 oe 2 1 This bond is rnade and cxc�ute� in compliance with t11e pro�isions of Cl�apter 2253 afthe 2 Texas [ioverrtirient Cc�de, as amcndcd, and all li�hilities of� this bond shall he determined in 3 accnrdazice with ihe pro�isintis of said slatute. 4 ll� WITNI:SS WI�EREO�, the Pr�ncipal and 5urety have cach SICrNF.T] and S�AI..F.I� S this instrument by duly authori�ed a�ents and afficers on this thc_ 19t1� day of b January , 20 �2 . 7 ATTES'I': _ � rinci ) Secretary �' 1 � i . -- Witncss as tcf Principal ATT�S�I': NfA (Surety) Secretary 1' �} L ._. . . �/"i�Q� . - ; � _ � � � �ti�. �_ WltF1eS5 as tU Surcty 5haron ?Wlinitrc Tefcphnne Itiumber: �515] 243-S171 S 9 10 il l2 l3 !4 Naie: If signed Uy an officer af the Suretv. t�tere must be cyn #ile a certificd extract f'rorn the bylaws showiri� thai this person has aulhority to si�n such ohligation. I f 5urety's physical address is �ifJ'crcnt trorn its tnailin� address, both must be pro�+ided. The date af tne bond shall n�t he prior tc� the da.te thc Contract is awarded. PxiNcr�A�.,; Wri�t�t C;onstr�ct .. inc. � BY: S �nature J � � r. .T , 1 !'. - ' ' �Iame an� Ii�fc Adciress: 601 VV. Waii Street [;ra e�ine. TX 76051 :�,� � . � .�'� ���� ,�. � .�ennifcr��ptan, Attnrney_-i�i-Fa�t Itiaine and Title Address: P.D. Bnx 1449$ ��h�Loines, lh SU306-3�98 EIVD OF SE[:'i'T[3N C'ITY f]F' F'U}t l N't ]K 1 l I STA�IDlIRI) Cl f Y i'()VDI'S'I�NS T7FVF:I.�PER A�'�hELf]E�:13 PRC7IEC 1'S Hev�sed !anuary 31, 2[112 f�cv C Ranch f'h�ese 1 � CPN hln. 1 Q2444 l}s1 62 l9 - 1 1v1AIN"3'E.ItiAhCI: BOND E'aee I of 3 1 2 3 4 5 6 7 SEL'"i'1QN UO 62 19 MAINTEA[1'�NC�; BO�ID T3nnd �lo. "I�X['6l3$92 8 9 10 THl+: STATE OF Tk;KAS § § KNOVI' ALL BY THESE PRESENTS: CaUNTY UF TARRAI�T § That we, ri�rht Canstru i n Ca.. Inc. _, knc�wrs as "Yrir�cipal" herein and ��rchanCs Bondin� Company (MutuaI) , a cc3rporate surety (sureties, if morc than nne) duly autharized to do business in thc 5fate of Texas, �Cnovvn as 11 "Surety" herein (r�•heiher ane or rnore), arc h�ld and f rmly hc�und unto thc pe�eloper, F orestar 12 { L�Sp] Real Estatc �'rr�p.�> a�it}inrized to dn business in 'I'exas ("Deveio�cr"} �nd t��e C:ity af 13 Fart Worth, R Tcxas municipal corporalion ("City"), in the surn ofTW4 MILLIUN, `i'WU 14 HUIVDRE� EIGHTY TH�iJSAi�iD S VEN HU RED SEYE: Y-THRE Dailars 15 �s i� 18 19 ZO 2l 2� ($2.2${},773.U0), lawfi�l moncy nfthe LJnit�d Stazes, to be paid in Fvrt V4�ortt�, Tarrar�t C`aunty, Texas, for payrnent of w•t�ich s�am �ell and tnzl}� be made jnintl�• unl� t17c IJeveloper and the City as dual abligees and their succe�sors, we k�ind �urseives, our iieirs, exeCuiUrs, administra#ors, successvrs and assigns, jaintly and severally, firmly by these presents. WHEREA�, De�elaper and Ciry h€a�e entered into at� Agrccmcnt For the consiruction of cotttmunity facilities in the City of Fort Worth try �nd lhrnugh a C«mmunity h'a�ilities Agreernent, CFA Number CFA21-D�fi5; and 23 WHEREAS, 117� �'rincipal has entered i�to a �crtain ��rritten cvnira�l with thc De��laper Z4 at�arded the 4th day af �'�°ber , 2a?1 , which Contract is 25 hercby referred to and a made part hereaf fnr all purposes as if fully set forth h�rein, tv furnisi� a1i 26 material s, equiprnent �abor anci nther accessari�s as defined by law, in Ehe pr�secution of the �� 28 29 3U 31 32 33 34 Work, including any Wark resuitin� frorn a duly authori�ed Ct�an�e C]rd�r (cnflectiveJy hcrein, thc "Work"} a5 providcd fcir in said Contract a.nd d�si�nated as 13ar C nanch I'hasc i0, Cf'N No, 14244�i; and WHEREAS, Principa] binds itself to use such ma#erials and to so canstruct the Wark in ��ccordance with tk�e plans, specitications and C:ontract Docurnents �hat the Wnrk is and will remain frce from defeets in materials ar wc�rkmanship for and during the period of two [2) ycars after the date of H'inal Acceptance ofthe Work hy the City ("Maintenance Periad'"}; and CITYUE f�UlZI4VORTfi BarCRaruhPhuselU STANDARD C:1'I'Y CONF3i'T1C]'�5 — DEVELOPER Ati4'ARDI�I] �'ll[3J�:C'"1�5 CPNNO. 1�11�q4 Rev150d ]anuary 31. .'.012 Bond No. `l'Xe52 3892 D46219-� MAIIVTE�.4RL'I: ]SU�ID Pag� 2 of 3 1 2 3 4 5 6 7 8 9 IO 11 l2 l3 14 15 15 17 18 19 2� 21 22 23 24 W��EHr1AS, Prit]Cipal bEl�[�5 itS�lf Eo rcpair or recon5truct the i�nrk in whvIe or in part upon recCi��ing notice fTt�m the I�c�cloper aridlor Ci�y of the need therenfat any tirne w�it�inthe Mai ntenance Yeriad. NOW THh:REFORE, ihe conditian of this abligation is such that if Principa� s}1a11 remed�^ any def�cti�e Wark, fnr which timely notice was pro�ided by E]cvcicaper ar City, to a cnrnplction satisfactory tn the City°, then this abZigaEion shaIl beco�nc null a��d waid; catherr��ise to rema�n in #��ill force and eiTeat. FRDVIDF.1), N�WEVElt, iI� Yrinci}�a1 sflall fail so ta repair or reconstruct any timely noticed defecti�e Wark, it is agreerl that the neveioper or City may eause any and al1 such c�cfecti�e VVc3rk ta be repa�red andlvr rec��lstructed with all assflcia�ec� cdsts therec�f bein� hnme by the Frincipal and the Surety under tl�is M�intenancc F3ond; and PROVIDEU FU1�TH�1�, that ii any �c�ak action he filaci an this �ond, wcnue sF�all iie in Tarrant C:ounty, Texas at� the United States T7istrict C:ourt for the Narfr�ern L]istrici of Tex�s, Port Wor�h Di�ision; and PRUV1Db".I3 FtiRTi-�Elt, that this obli�,3tion shall be continuous rn naturc and successiv� recovcries may ba had hcr�on fc�r succcssive breaches. C:ITY �JF F'[7KT WOH I H STA�fI],iRla C1 fY CO\I]LI1C]h'S - TiFVFI.UP�R AL�rIR17F.T7 PR(]1�CTS KeWiS�d �anuary 31, 2UI2 Bar C Ranch Phrue !0 CP�Y No. 1 Q�444 0 Sond No. TXC613 S92 00621�1-3 MAINTENAItiC'F�: R[},�'E3 k'ase 3 e�f 3 1 IN �'VI7'�f�SS WHER&�QF, the i'rincipal and #he Sur�ty have each S�GNED and SFALED lhis 2 intitrutnent by duly authoriZed a�;�nis and officers an this the t9th _�ay of _ 3 January �a 22 a 4 5 6 7 8 9 i0 11 12 13 l4 i5 16 1� �g i9 �U 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3$ 39 44 41 A7"['EST: ` ��— — rincip 1] 5ecrctary .. [ , .- ��'itness as ta Principal AT'TEST: NJA (5urety) Secretary _ --_.__h:.�c , _ �; � i � ,��� 1'L� ilfless as tn Surcty ShaCon Minitre PRITJCIPAL: 1'Vr' n [r ' �Y: 5ignature �y , r , -� _ Name and Title Address� 6f]1 W. WaIY 5treet __ G e' .T D 1 SUIt L;"I' Y": Merchants Sonding C:ornpany (�vldsiva�i ._ - -- . -. � _ atu ]ennifcr l:pton, �litorne�-in-i�act \ame and Title Addr�ss: 1'.�. Box 14498 Des Moines. IA S(]3i3C-3498 ['elc�rhane Num6er� (515) 2�F3-8I71 *Note: lf si�;ned by an officer af�the Surety Company, there must be on file a cert.ificd extract fram the by-laws shnwing that this persc�n has authority to sign such obligation. if Surcty's �hysical address is diFferent from its mailitig address, both must b� pra�idcd. l'he date c�f the band shail no# be pric�r t� the date the {:ontract is awarded. 42 CiTY C]F FORT WL3R'I f 1 51 AtiI]Ak2i7 C'1'['Y CQhII7iTi(]�5 ,- DiiWLLUYLR ��WARDED PRO]F.i"f5 Re�ised January 31, 2U12 L;ar C Runch Pipuse 10 CPN No. l414�4 GILCO CONTRACTING INC. 00 42 d3 DAP-BII?PItOPOSAL Page 4 of 7 SECTIflN OU 42 43 de�+eloper Awarded Projects - PRDPaSAL FaRM Bar C Ranch Phase 1 D, CPN 102444 ��J�I��,:�C+�l�=� I�; Bidder's Applicativn ��t r� �r�tt� s�aa� �r�� B1�N I� Descxiption 5pecificaiion Section No M�� $1 h Lnit Frice Bid ti ahie � � UNIT IV: PAVING IMPRflVEMENTS 1 3211.0400 Hydrated Lime 32 11 29 TDN 347 $170.44 $58,994.04 2 3211.D501 6" Lirne Treatment (32#ISY} 32 11 29 SY 21642 $2.65 $57,351.36 3 3213.D101 6" Conc. Pvmt. 32 12 12 5Y 20316 $35.�5 $�12,D75.80 4 3213.D301 4" Sidewalk Pumt 32 13 2Q SF 10047 $5.75 $57,770.25 5 3213.D501 Barrier Free Ramp, Type R-1 32 132� EA 4 $2,a�o.oa �a,2ao_aa 6 3213.D506 Barrier Free Ramp, Type P-1 32 1320 EA 18 $1,754.44 $31,504.04 7 3441.4003 Furnishllnstall Alum Sign Ground Mont EA 13 $25�.OD $3,25D_66 City 5td. 34 41 3� $ 3441.4003 Furnishllnstall Alum Sign Ground Mont EA 13 $190.4D $2,47D.44 City Std. - Stop and Street Name Blade Pair 34 41 3D 9 3471.D�01 TrafficControl 3471 93 LS 'I $1,500.D0 $1,5U0_00 1D 9999.DD06 Remave Type III Barricade dd 00 DO EA 3 $5fl0.00 $1,5D0_00 11 9999.DOOi SWPPP Maintenance 31 25 D� LS 1 $50D.00 $5D0.0� 12 9999.0408 Concrete Flumes DO OQ DQ LF 11 DO $72.D5 $79,255.DQ 13 3291.D100 Topsoil 32 91 19 CY 1165 $5.DD $ 5,825.00 14 3292.D100 Block Sod Placement 32 92 13 5Y 10485 $1.40 $14,485.DD 15 16 _ _ 17 _ _ 18 19 � � 2D � � 21 22 � � 23 24 25 � � 26 27 � � 28 — — 29 — — 3D � � 31 32 � � 33 T T 34 35 � � 36 37 � � 3$ T T 39 4D TbTAL UNIT IV: PAVING IMPRDVEMENTS $1,D3D,672.35 {TTY OF FORT LL'CQLTH STANDAAD CONSIRi7CI'IOV SPECIFTCATIOhiDOG21]3Q+TC5 -DEVE[.OPIItAWARDID PROIEGTS Foim Ver�ou May 22, 2019 Bar C Rffich PH10 00 42 43_Bid Proposal ➢APsls 0o ax a3 n.sP - sm �orosnr. r�� r of� SECTI�N aa 42 43 ae�eloper Awarded Proje�ts - PRDPaSAL FaRM Bar C Ranch Phase 1 D, CPN 102444 ��1�1���:��•�]�=il•� Bidder's Applicatian Project Item Information Bidde�s Proposal Sidlist Item tinit of Bid Descriptiou Speciiication Section Vo Umt Price Bid Value Vo Measure Quanrity Sid UNIT II: SANITARY SEWER IMPRDVEMENTS UNIT III: �RAINAGE IMPR�VEMENTS UNIT IV: PAVING IMPR�VEMENTS UNIT V: STREET LIGHTING IMPRDVEMENTS UNIT VI: TRAFFIC 51GNAL IMPRaVEMENTS roral Construrhoa This Bid is suhmitted U�• the eutitc uamed 6elo�v: SIDDER: Gilca c=onlr�cliu4. Iur. (]:�1 7GL1f11�S-PSC S4ll� "r[",ird $enbi uol;. Il "613' BY: Leia lt�IcQuien ��1G� 1�1GQG�1Ed? TIIZE: Vice Presideut, Operatiou D�}�: 7-27-21 Confracfor a�ees to complete V4'DRK for FINAL .�CCEPTrLl� CE n itLin CU�ITRACT com�nences ta run as pro�zded in the Geaeral Condiiions. E1"D UF SECTIDV CITY' 4F FORT W4RTH ST.9A-D.�RD CDVSIRtiCTIDV SPECIFTC�ITOh DOCL_l�VfS -DEVE[.OPERA1l� aRDID PROIECTS Form Version 4fay 22, ?�14 $1,Q30,672.35 $1,a30,fii2.35 50 n•nrldng da}•s after the dafe when fhe Baz C Ranch PH1D DD 4? d3_Bid Proposal_D.1P xls vQas �x DAP PREQU.4[.1FICATIUN STATfM[:N�I� Page 1 af 1 SECTIUN UO 45 12 DAP — PRE[7UAL[FiCA7'[ON STATEMENT Each 6idder is required ta complete the infor�ttation below by identifying the prequalified conira�tors andlor subcantractors whom they inten�i to utilize for the major work type(s} listed. In the '`Major Work Tyue" hox pro�ide the complete major work type and actual description as pro�ided b,y the Water Department fQr water and sewer and TE'W f'or pa�in�. Majar Work Type ContractorlSul�contractor Company Name Prequalifi�ation Ex iratiQn ❑ate Concrete Gilco Cantracting, Inc. 1113D/2Q22 Cp ns tructiaR/Reco ns truction Unrrmited The undersigned hereby certifies that the contractors andlor subcontractors described in the tahle abo�e are currently prequaliiied far the �vork types listed. SIDUER: Gilco [:nt�tractin�, ]nc. G331 Sauihwest F3oulevard }3enhronk, 'i'X, 7C 13? B : [.,ci cC�uien — (Signature} TITLE: VP �peratitms DATE: END UF SECTI�I�i arr aF Faar woRrH STANpARp CONSTRUCTION ARE4VALIFlCATI9N S7ATEMENT — �EVELOPER AWAROEo PROlECTS DO 45 12_Prequalification Ssatement 2015 DAP Form Version Septem6er 1, 2�15 an as zb - i CONTKACTURCOMPLIANCE WiT'II WC7HKEH'S COMPEiVSATIUN LAW Page 1 af t � SECTION Q� 45 26 2 C�NTRACTDR C�MPLIANCE WITH W�RKER'S COMPENSATIflN LAW 4 Pursuar�i to Texas Labor Code Seciian 406.096(a}, as amended, Contractor certifies that it 5 pro�ides worker's compensation insurance co�erage for all of its employees emplayed on City 6 Project Na. 1�2444. Contra�tor further certifies that, pursuant ta Texas Labor Code, 5e�tion 7 4f�5.Q9fi(b), as a�nended, it will pro�ide to City its sub�ontractor's certif�ates of compliance with S worker's compensation ca�erage. 1 U CQNTRACTUR: il 12 �ilco Contracting In�___________ By: Leia Mc uiers 13 n 14 Company ( leas .xint� i 5 `� l6 5331 Southwest Saule�ard Signature: l7 Address i8 l9 2d 21 22 23 24 25 26 27 28 29 30 3l 32 33 34 3S 3b 37 38 39 4(7 41 6enbrook TX 76132 Title: VP D erations CitylStatelZip (Please Print) THE STATE OF TE?CAS C�UNTY OF TARRANT 0 § BEF�RE ME, the undersi�ned authority, on this day personally appeared Leia McQuien , known to me tn be the person whose name is subscribed to the foregaing ins#rument, and acknawledged ta me that helshe executed the same as the act and deed o#'Gilco Contractin Inc. for the purposes and consideratior� therein expressed and in the capacity therein stated. GI EN UNDER MY HAN� AND SEAL DF QFFICE this �� day of f , 2(�-- i �� r� �.ni►Rr °�e � HEA7HER PAIGE WILLiAM$ L ��` �;.f` �°�ary P���, s�t° °f �e"� No ary Public in and f f�e State of Texas My Cammi�sian Expirrs _�'� ,�" : August r t . 20Z5 �`�r£ o` +Ei,`' NOTARY ID T 2430S2a EI�iD QF SECTI�N CITY QF F�RT WURT'H 8ar C' Ram•h Phase 1f1 57ANQARC]CQNSTRUCTION SPEC[F[CATiflN DpCUMF:N'F5 CPNA'o. l02444 Re�ised April 2, 2U14 DocuSign Emelope IQ: iQE59�A3-28C2-4354-9668-�10ASF1A7481 QO $2 43 - I Develaper Awarded k'roject Agreement Page 1 of 4 1 2 3 sEcr�vrr va s� a� AGREEM�N'I` �1 THIS AGREE14iENT, authorized on 01I26l2022 is made hy ancl hefween the T7e�elnper, 5 Forestar f[1SA) Real Estate Grflup, Inc., authorized tv do husiness i�t Texas {"pe�eloper"} , and d Gil�o Contractin�. Inc. � authorized tn do business in Texz�s, ar.t�ng hy and 7 thraugh its duly authorized representative, ("Contractor"}. 8 L]e�eloper and Contractur, in considerat�on af the mutuaI covenants hereinai�er set farth, a�ree as 9 follows: 10 Ar�icle 1. WURK II 12 i3 1� 15 1G l7 18 19 2Q 21 Con�ractor shall carnplete alI Work as specified or indicated in the Contract Documents far the Praject identified hereir�. Arti�le 2. PROJECT The �raject for which the Wvrk under the Contract I]ocuments may be the whale or vniy a part is generally described as fallows: I3ar C Ranch Phase 1 Q Cr[v ProjeellVo. 102444 _ .__ Article 3. CONTItACT TIME 3_1 Time is o€the essence. All time limits for Milestones, if any, and Pinal Acceptance as stated in tf�e Co�tract Dacuments are of the essence to t�is Contrac�. 22 3.2 Fi�al Ar.ceptanr.e. 23 The Wor1� wiIl be comp�ete for Final Acceptance within �D warking days after the date 2� rvhen the ConYract Time commences to r€�n as pro�ided in Paragraph 12.04 of the Standar� 25 City Conditions of the Canstructzon Con#ract for Der�eloper 4war�ed Projects. 2G 3.3 Liquidated damages 27 2R 29 iil 31 32 33 34 35 3b 37 C�antractnr recngnizes that time is af the essence of this Agreement and that De�el�per wiil S��ffer finan�ia.l lns� if the Wnrk is nn# cnmPleterl wi�hin the times s�er.ifier� in Paragraph 3.2 abov�, plus any extensian thereof allawed in accardance with Article 1� of ihe �Tandard City Conriitions of the Cnnstructian Cantract for L]e�e�aper Awardzd Projects. The Contracfor also recagni�.es the delays, expense and difiicuIties inr�afved in �ara�ing in a legal prnceeding the ac.tual tass suffered hy the I7e�eloper if the '�llark is not completed an time. Accordingly, instcad of req�Firing any such proof , Contractar agrees t�at as liquidated damages for delay (i�ut nat as a penalt� }, Can#raetor shall pap Developer One Thousr�nd, Two H�errd�ed and Fiitv I]ollars ($1 2, 5D_a0} fvr each day that expires after the tirne spec.ified in Faragraph 3_2 fnr Final Acceptance �xntil the City issues the Final Letter n�'Acceptance. �rr�r or ro�rr v�-or�rix ISAr C Ranch Pfrase �p S"I'ATIDt1RI] �L7R5TRiICTIOLV SPECI�ICATIQN 170CUrb.fEI11T5 — D�V�;T.OP�R AWARDED PRQ]F.CTS I F12d94 Re�ised 3eu�e 16, 2D16 DocuSign Emelope Id: iQE59�A3-28C2-4354-9668-910ASF1A7481 i 00 52 43 - 2 I]e�+eloper Awarded Froject Agreernent Page 2 of 4 38 Article 4. CONTRACT PR�C� 39 X]eveloper agrees to pay Contractor for performance af the Waxk in aocordance with th� Cantract 4a Documenfs an amounf in current funds of One Million, Thiri,y Thausar�d, Six Hundred SeWent� R1 Two Dollaz-s & Thirty-�'ive Cents {$1,Q30,b72.35]. 42 Article 5. C�NTRACT DdCIIl1�IENTS 43 5.1 C[3NTENTS: 44 h5 46 47 48 49 54 51 52 53 5� 55 56 57 58 59 bQ bl b2 63 64 65 6{ 67 58 69 7U �1 72 73 7� 75 A. The Contract �o�uments which comprise the entire agreement between Developer ar�d Cuiitiacta� �os«cr�iiug l}�c W�rk wff�isi �f llie %]lc�wviri,�: , 1. This Agreement. 2. Attachments ta this Agree�nent: � a. Bid Forrn (As �+ror�ided by De��e�oper) 1 } Proposal Forzxt {DAP W�rsian] � 2) Prequalifi�at€on Staternent 3) State and Federal documents (project spec�c) b. Insurance ACQRD Forrn(s} c. Payment Bond (�AP Version} , d. Perforrnance Bond (DAP Versian) e. Maintenance Sond {I)AP Version} f. Pawer of Attorney far the f3onds � g. Worker's Compensation Affidavit h. MBE andlor SB� Cnmmiiment Fnrm {Tf'req��ired) 3. Standard City Genera� Conditions of the Canstruction Cantract fdr De�eloper Awarded Frojects. 4. Sugplementary Conditions. 5. Speci�cations specifically made a part of the Cb�tract Do�uments hy attachment ar, if not attached, as incorporated by reference and descri6ed in the Table of Contents afthe Project's Contract D�cuments. 6. Drawings. 7. Addenda. 8. Docum�ntatio� subrnitted by Contracwr prior to Notice Qf Award. 9. The follawing which may be delivered ar �ssued after the EfFecti�e Date of the Agreernent and, if issued, become an incorparated part of the Contract Do�uments: a. Notice to Proceed. , h. Fi�ld �rders. c. Change prders. � d. Letter af Final Acceptance. � ci� or• r•ax�• wo�TH ftar c� xoncn Phase 1Q STANDARI7 CON5'fRUL:TI�N SPECIFICATi�AI DOCUMENTS — DFV� I..QPF.R AWARI3�I7 PROJECTS pp2q4q Re�ised June I$, 2�i6 DocuSign Envelope ID: 1DE592A3-28C2-4354-9668-910ASF1R7�81 , 005243-3 De�eloper Awarded Praject Agrecmrnt Page 3 af �} 76 Article G. INDIEMNIFICATION 77 78 79 �� $1 82 83 84 85 8G ST 88 89 90 9l 42 93 94 95 96 97 G.1 Contract�r cowenants and agrees to indemnify, hold harrnless and defend, at ifs own expense, the cit}, i�3 4�CCrS, servants and emp�oyees, from and agains� any and a�i claims arising nut nf, nr aEieged to arise aut af, the worEc an[3 ser�ices to be performed by the cpntra�tor, its affecers, ag�nts, employees, subcontracto�rs, �lCenSC9 4r in�ikees ain[�er this rnntrac#. This indemnificatinn nrn�i�ion iq S�eei�icall� i�tended tn nperate and he et%ctive e�en if it is alle�ed ❑r nroven that_ ali or same of ti►e da�naees bein� soueht ►�-�re caused. in whoie or i� t�art, b� an,y ac�, omission or negli�ence �f the eity. This indemnity p�'a�ision is intended tn �nclnde, vsithout limitation, indemni#y for c�stc, ex�ensee an[� legal �ees inenrred hy the city in de%nding against guch elaims and CaUS�s �f SCt1Uri5. , b.2 Cnntractor cavenants and agrees to indemnify a�d hol� harmIess, at its aw� eapense, the ci#y, its atficers, sez-vants and e�nplayees, from and against any and att ioss, damage or dest�uction nf property af the city, arising out of, or alleged ta arise out o�, the work and services to be �er#'arrned by t�e contractvr, its af�cers, agen�s, emplayees, suhcantractars, Iicensees or ia�itees under this cantract. �his i�demnification prov'rsian is speciTcalIy intended ta a�erate �nd be eff'ective eWen if it is alle�ed or roweu that all or some af the dama es bein sou ht were caused in whole ar in art by_a�iY �Ct, omission or ne�ligence af the c'rty. Article 7. MIS�ELLANEUUS 98 7. i Tern�s. 99 Terms used in this A�'cct�cnt arc dcfincd in Artiale 1 of the Standard City Conditions of 100 the Construction Cantra.ct for De�elvper Awarded Projects. l�l 7.2 Assi�unentofContract. iU2 1 his Agreement, includ�ng all of the Lontract llocume�ts may not be assign�d by fhe I D3 Cantractar without the ad�anced express written consent of the L]eyelaper. 104 7.3 5uc�essars and Assigns. lU5 Developer and Contra�tor each binds itself, iis partners, successars, assigns and ]egal 166 represeniatives to the ather party hereta, in respeci ta all co�enan#s, a�reements and 107 ahligations containerl in the �v�tract Docutnents. 14$ 7.4 Scverability. 109 Any pr��i�inn nr n�rr nf the Cnntrar.t Ilor.uments held ta h� uncanstitutinnal, �,oid or li� uner�forceable i�y a court of campetent jt�risdictFnn shall be deemed stricken, and all lll rer�aining prnwisions shail cnntir��e to be �alid and hint�ing u�vn DEVEL�FER and 112 C�NTRACTOR. i 13 7.5 Governing Law a�d Venue. � I � This Agreement, including alI of the Contract Dacumcnts is' performa�le xz� #he State af 115 Texas. Venue shall be Tarrant County, Texas, or the Unifed States District Court for the 116 NorFhern District o£Tcxas, Fa�t Warth Di■�ision. , cz�rx or roRr rvor�m 1{at� G liunch Phttse 10 STANDARI] CfliV5TRl7CTIC}i�I SPFCfFfCA�'fDN L]QL:IIME�3"I'S—DEVELOP�I2AWARI]ED PR0IECTS IQ2qgq Revised Junc 1fi,2015 DocuSign Envelape ID: 1�E592A3-28C2-4354-9&68�910ASF1Ai481 005243-d Qetieloper Au-ar4ed Project Agreement Yage 4 of 4 ]17 1] S 7.6 Authority to Sign. ]]g ]24 ]21 ]22 123 l24 125 12b 127 Contractnr shall attach eridence o�F autharity to sign Agreement, if other than dul_y autharized signataty at�fhe Cantractor. IIV Wl�1tiIESS WHEREOF, De�eloper and Contractor ha�e executed this A�reeme�t in multiple counterparls. This Agreeinen! is effective as uf lhe last �late sign�d Uy the Parties {`'EfFecti �e Dale"}. Contractor: �e�eloper: Ciifco C'undructin , Inc. Farestar [USA} Reai �state Grnup, Inc. - - n�,��s�„ea ny: B _`" $ �t,�lA, (,a�*�a�vi.s ( Sigrtature) i �nature} Leia McQuien (Printed N�me) evin azares (Printed Name} Title: V1' U erations Title; W� �e Presi dent Cvmpany Name, C;ilcaCaniracting, Company narne: Foresiar (L]5A} Real Estate [nc. Group, In�. Address:6331 Southwest Boulevard Address: 222] E. Lamar Blvd, 5uite 79� CitylStatelZip:Benbrook, Tx 76] 32 City�'StatelZip: Arlingtan. TX 76��6 ❑ 112612fl22 1]ate 1/25/2p22 Date CITY 4F FURT WaRTEI Bnr C Ranch Fhase 1 fl STANi]ARf]['[INSTRUCT[CJN SPFCIfiCAIIL?h QOCUMFN"fS 1JE:VELQPER:'1W,�RULD PRDJf;C'15 l02444 Revised lune 16.201fi AC 0� DAT O1M 3/PO 2 YY� �..� CERTIFICATE OF LIABILITY INSURANCE L THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS � CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ¢ BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED v REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. m IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. if � SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this :,_, certificate does not confer rights to the certificate holder in lieu of such endorsement(s]. �� CONTACT � PRODUCER 'a A017 Risk Services 5011thW2St, IYiC. PHONE FAX Ddl l dS TX Offi C2 (NC. No. Ext): �z14) 989-0000 �p,�C. No.): �Z14) 989-2530 � 5005 Lyndon B 7ohnson Freeway E-MAIL o SUite 1500 ADDRESS: _ Dal l as TX 75244 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Llll2t'ty znsurance Corporation 42404 Gilco Contracting, Inc. �NsuReRe: �iberty Mutual Fire Ins Co 23035 6331 Southwest Blvd. Benbrook TX 76132 USA INSURERC: INSURER D: INSURER E: INSURER F: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANGE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDIGATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR dTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIGATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIGIES DESCRIBED HEREIN IS SUBJEGT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID GLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MNUDD MM/DD/YYYY LIMITS A X COMMERCIAL GENERAI LIABILRY T67Z91473015021 EACH OCCURRENCE Sl � 000, O00 CLAIMS-MADE � OCCUR PREMISES Ea occur ence 5100, 000 X Includes Coniractuai Liabillity MED EXP (Any one person) $10, 000 X Inciudes XCU - PERSONAL & ADV INJURY $1, 000, 000 � GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE S�,OOO, OOO � POLICY ❑X PR� ❑ LOC PRODUCTS-COMP/OPAGG S2,OOO,OOO � 0 OTHER: � B AS2-Z91-473015-011 06/20/20Z1 06/20/2022 COMBINED SINGLE LIMIT `n AUTOMOBILE LIABILITY $1 � 000 , 000 Ea accident „ X ANYAUTO BODILY INJURY ( Per person) Z OWNED SCHEDULED BODILY INJURY (Per accident) G1 AUTOS HIREDAU�TOS NON-OWNED PROPERTYDAMAGE V ONLY AUTOS ONLY Per accident � d UMBRELLA LIAB OCCUR EACH OCCURRENCE V EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION B WORKERSCOMPENSATIONAND wC2z91473015031 06/20/20Z1 06/20/2022 X PERSTATUTE OTH- EMPLOYERS' LIABILITY Y� N ER ANY PROPRIETOR! PARTNER / EXECUTIVE E.L. EACH ACCIDENT $�. � OOO � OOO OFFICER/MEMBER EXCLUDED? � N / A (Mandatory in NtQ E.L. DISEASE-EA EMPLOYEE $1, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $l, 000, 000 - � � DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACARD 707, Additional Remarks Schedule, may be attached if more space is required) RE: Bar C Ranch, Phase 10, CPN 102444. City of Fort Worth, its officers, employees and servants are included as Additional � Insured i'n accordance with the policy provisions of the General �iability and automobile �iability policies. General Liability �-.+ policy evidenced herein is Primary and Non-contr-ibutory to other insurance available to an additional znsured, but only in � accordance with the policy's provisions. a waiver of subrogation is granted in favor of Certificate tiolder in accordance with � the policy provisions of the General Liability, automobile Liability and workers' Compensation policies. XCU is not excluded under this policy. � CERTIFIGATE HOLDER CANCELLATION � , � SHOULD ANY OF THE ABOVE DESCflIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WRH THE � POLICY PROVISIONS. � Clty O'F Fort Worth AUTHORIZEDREPRESENTATIVE � 200 Texas Street Fort Worth TX 76102 USA �`����� ������ � � 01988-2015 ACORD GORPORATION. All rights reseroed. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACORO� DATE�'M 3/D�D2/YYYYI � CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEGN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poticies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCEfl CONTACT NAME: Aon Risk Services Southwest, IIIC. PHONE �z14) 989-0000 F� (214) 989-2530 Dal l as �nc offi ce (NC. No. Ext): (NC. No. : 5005 Lyndon B 7ohnson Freeway E-MpIL SUlt2 1SO0 ADDRESS: Dal l as TX 75244 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED �ilco Contracting, InC. 6331 Southwest Blvd. Benbrook Tx 76132 USA INSURERA: Llb2t'tY znsurance Corporation 42404 INSURER B: Ll I7e1'ty MUtUd� Fl 1'E IIlS CO Z3035 INSURER C: INSURER D: INSURER E: INSUREFi F: � _ U m Q U `m m � d = c d a i G1 a 0 2 COVERAGES CERTIFIGATE NUMBER: 570091357727 REVISION NUMfitFi: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIGY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY GONTRAGT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIGIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUGED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DDM/YY LIMITS A X COMMEHCIAL GENERAL LIABILITY TB Z9 Ol 021 06 0 EACH OGGURRENCE Sl � 000, OOO CLAIMS-MADE X❑ OCCUR 5100, OOO PREMISES Ea occurrence X Inciudes Contractual Liabillity MED EXP (Any one person) $10, 000 X Inciudes XCU PERSONAL & ADV INJURY $l, 000, 000 � GEN'LAGGREGATELIMRAPPLIESPER: GENERALAGC�REGATE S2,OOO�OOO � POLICY ❑X �E � � LOC PRODUCTS - COMP/OP AGG S2 , OOO, OOO � 0 OTHER: � n B AUTOMOBILE LIABILITY A52-Z91-473015-011 06/20/2021 06/20/2022 COMBINED SINGLE LIMIT $1 � OOO � OOO � Ea accident , , X ANYAUTO BODILY INJURY ( Per person) Z OWNED SCHEDULED BODILYINJURY(Peraccidentj G1 AUTOS ONLY pUTOS �p HIREDAUTOS NON-OWNED PROPERTYDAMAGE v ONLY AUTOS ONLY Per accident _ i d UMBRELLALIAB OCCUR EACHOCCURRENCE V EXCESS LIAB GLAIMS-MADE AGGREGATE DED RETENTION B WORKERSCOMPENSATIONAND WC2Z91473015031 06/20/2021 06/20/2022 X PERSTATUTE OTH- EMPLOYERS' LIABILITY ER ANY PROPRIETOR / PARTNER / EXECUTNE Y� N E.L. EACH ACCIDENT SZ � OOO � OOO OFFICERlMEMBER EXCLUDED? � N! A (Mandatory in NF� E.L. DISEASE-EA EMPLOYEE $1, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $l, 000, 000 - � � DESCRIPTION OF OPERATIONS / LOCA710NS! VEHICLES (ACORD 701, Additionai Remarks Schedule, may be attached if more space is required) � RE• Bar C Ranch Phase 10. Forestar <usa) Real Estate �roup, Inc. and its subsidiaries, affiliated and successor companies, officers, directors, agents, servants, employees, divisions, partners and shareholders are included as additional znsured in � accordance with the policy provisions of the General �iability and automobile �iability policies. �eneral �iability policy evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of subrogation is granted in favor of Certificate Holder in accordance with the policy � provisions of the General �iability, automobile Liability and workers' Compensation policies. � � CERTIFIGATE HOLDER CANCELLATION � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE � EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE � POUCY PROVISIONS. FOY'eStdY' (USA� REd� ESCd'CE Gl'OU�J� I17C. AUTHORIZEDREPRESENTATIVE � 2221 E. Lamar Blvd., Suite 790 � Arlington Tx 76006 u5A � `���it� ���r��� � � 001988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03} The ACORD name and logo are registered marks of ACORD 22JANUARY26TH 22JANUARY 26TH 006213-3 PERFORMANCE BOND ` Page 3 of 3 1 The date of the bond shall not be prior to the date the Contract is awarded. 2 f � , r s � � � % 0 � � i [ T CITY OF FORT WORTH ' Bar C Ranch Phase 10 STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS CPNNo. 102444 Revised January 31, 2012 22JANUARY26TH 22JANUARY 26TH 22JANUARY26TH ,r 006214-2 MAINTENANCE BOND Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18� 19 20 21 22 23 24 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/ar City of the need thereof at any time 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 force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is 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 FIJRTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Bar C Ranch Phase 10 CPNNo. 102444 22JANUARY 26TH �- Liberty Mutualm SURETY This Power of Attorney limits the acts of those named herein, and they have mo authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Certificate No: 8205467-022020 POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Don E. Cornell; Joshua Saunders; Kelly A. Westbrook; Mikaela Pegpers; Ricazdo J. Reyna; Robbi Morales; Sophinie Hunter; Tina McEwan; Tonie Petranek � � w c � co v� o� �� �� _� _� �'� O � ..�.. � O a? C � � N �� � � � � L � o c� 4� L all of the city of Dalias state of TX each individualiy if there be more lhan one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and alI undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as bindng upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or officiai of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of April , 2021 . Liberty Mutual Insurance Company q� �NSURq P�ZY INgU � WsuRq The Ohio Casualty Insurance Company ,�� GORP�RQ� y� yJ GORP�R4��y �oP�oRPORa,. ti� WestAmerican Insurance Company � 3 `Oo c� vQ 3 �"o m W 3 Fo fi 1912 a o 1919 � � 1991 0 /J . 2 � o � /. ui� �,� ssq�HUs��aa y� ��HaMPs� aa� rs �NBtANP aa i�� ��� � U s�� * �`' dyl * *� '',N * �� By: � •� � David M. Carey, Assistant Secretary �� State of PENNSYLVANIA •— � County of MONTGOMERY ss o� On this 23rd day of April ', 2021 before me personally appeared David M. Garey, who acknowledged himseif to be the Assistant Secretary of Liberty Mutual Insurance �� Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the pu�poses �= therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �� IN WITNESS WHEREOF, I have hereunto subscribed my name and affaed my notarial seal at King of Prussia, Pennsylvania, on fhe day and year first above written. �.� �'�SF .���'S^�,a1p�t�y �gr CommonwealthofPennsylvania-NotarySeai �� �'� � Teresa Pastelia, Notary Public � �� Q� ��. Montgomery County My commission expires March 28, 2025 By /� QJ �����„i����,r MembeCPe n,syl anaA soca[onofNotaoes •�e�eSa P8St8II8, Notary Public r �vp�%� ��°' This Power of Attomey is made and executed pursuant to and by authority of the foilowing By-laws and Authorizafions of The Ohio Casualty Insurance Company, Liberty Mutuai insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV-OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the ChaiRnan or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respec6ve powers of attomey, shali have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so execufed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the proVisions of this artide may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE Xill - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescri6e, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and ail undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have fuil power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such insUuments shall be as binding as if signed by the president and attested by the secretary. CeRificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and ali undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. -�-- _� I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty insurance Company, Libertp Mutual Insurance Company, and West American insurance Company do hereby certify that the original power of aftorney of which the foregoing is a full, true and correctcop� of'the;Powe� of. r�tfomey executed by said Companies, is in full force and effect and has not been revoked. - � � _� � "i ` � � -� y °'`- IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies�fhis dey of � P� iNS(�� P��Y INSU " ay\NSU� v' '� � aJ c°cw°e'4T� Go yJ o°Rray°p'Qy2 \VPc°RQa�>�2o �- - � 3 o tn � 3 o m �= ot c� . 1912 0 0 1919 � � 9 991 - o ���' �;,�!�g,`'.. d�9sS4�H�s��aa y�2��HqMP`�aP,aaO �s �NDIANP ,aa By�ReneeC.Llewell n AssistantSecreta 9�� * �� dyl * �� �t,y� * ��a Y � �Y LMS-12873 LMIC OCIC WAIC Multi Co 02/21 O �' N � N M � 0 � �a U m � m a> � � ��j��' , a� , � a l;� , � � ; " � TEXAS IMI'ORTANT NOTICE To obtain information or make a complaint: You may call toll-free for information or to make a complaint at 1-877-751-264Q You may also write to: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 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 Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas. o�v E-mail: ConsumerProtection�a?,tdi.texas.� PREMIUM OR CLAIM DISPUTES: Should you have a dispute-- concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. c ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. TEXAS AVISO ITVIPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis para informacion o para someter una queja al 1-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 40Q King of Prussia, PA 19406-2755 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de com�anias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consurr�er Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: htt�:/lwww.tdi.texas. o�v E-mail: ConsumerProtectionnao,tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, deb� comunicarse con el agente o 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 informacion y no se convierte en parte o condicion del documento adjunto. NP70680901 LMS-15292 10/15 INDEPENDENT UTILITY CONSTRUCTION, INC. Illl �121 Y o,�P. nin rnarir�,ti�. Pugc S nf'7 SECTION 04 42 43 Developer Awarded Praja�ts - PRpPOSAL FORM UNIT PRICE ��D Bidder's Appiicatian k'fOJCCS I1�FYl IilI�0i7Yt:Ytiisn �31ddCS�& PC4pOSR� Bidlist ltcm ��scripiiun Spt:ciiicution Sectinn Na Unil ut Biil ��aii Yncc Bid valuc N��� MCASt]fC i1llAllil[)+ NIT V: STl���7 LIGIiTING IMPROV�.MENTS 1 2$05.3015 2" Condt PVC 5CH BD (T} 26 O5 33 LF 1700 $15.13 $25,721.04 2 3441_1733 Rdwy illum Faundation TY 11 34 41 20 EA 31 $7,303.00 $40,393.04 3 344t.3201 LE� Lighking Fixture 34 41 20 EA 91 $299.0p $8,2$9.Q4 4 3441.3R41 B-B-B Triplex Alum Elec GonduCtor 34 41 24 LF 17d� $4.27 $7,259_00 5 9999.401� Rdwy IllurrR. Assembly 7Y 11 38 41 20 EA 31 $1,741.55 $53,988.05 B 7 8 9 14 11 12 13 id 95 96 17 18 �9 20 21 22 23 24 25 2s 27 28 29 30 31 32 33 34 3b 36 37 38 39 40 41 42 43 44 4� TOTAL UNIT V: STREET LIGHTING IMPR VEMENT $938,630,05 crrr or ruKr woKrai 57'ANUAHll C'ONS'I'Rll{'l7llN SPFCII`II:A'il(7N D{)Cl1MFiN'1'S • DIiV1eL.4PFiA AWARflF,p pR4JECT5 Farm �ersian May _2. 2U1'� �ar C Rnnan PI�I I�� i}n ax aa_Pid Proposal_�hP,xls {I41 J2 J 1 UAP - IiIU PR(]P(75A1. Puge 7 nf 7 $ECTION 04 42 43 Developer Awarded Projects - RRpPpSAL FORM UNiT PRICE BID Bidder's Application I�rojcct Itcm Infonnaiiau Biddcr's Propasal Bidlist ]lerti N f]csCnpuan 4�eciticatian Sacticm Nu ;Jnit u!' ��d �jriii Pticc F3id VnRty4 MuaSUYe Qu:lnsi[y Bid Summxr,y UNIT I: WATER IMPRpVEMEN7S LJNIT I�: SANI7ARY SEWER IMPRpVEMENTS UNIT III: QRAINAGE IA/IPROVEMENTS UNIT IV' PAVIt�G IMPROVEM�NTS UNIT V: STREET LIGHTfNG IMPRQVEMEI47S UNIT VI: iRAF�1C SIGNAL IMPROVEMENTS This Bid is su6mitted by the eniiiy n�med below: BllxlaF.K: . ,, i. <<lir, � ., , r , „ .. i ��, illc3 I�r i�:�i ;i.��'..I�. 1'\'�� . Cantractor a�rees ta eomplctc W(1F2a( for HINAL ACCEPTANCE within CONTRAC:T rammences to run ss pruviJed in the Genernl Conditiona. EN �1 [} w S F.t'"I'[i]N Crrr or �uxi wc�xnr S'1'ANUARll C6N5'IRUCTIQN $pEC]FICATI4N UOCUM�H'PS - llEVELSSPER AWAADF.C7 PRqJP.('T5 Farm Vcrsiun Mav 22, 2�� I] $136,834, 05 '�o[oE Construction Bid SY: !. �, � � Vl { • T�Tr.F.: t•�, .���, ��� DATE: Q�-'� 5..2Q� j 4�j 5V6Ykinj{ d�yA aftcr thc datc when �h� d3r C RSnch PH 11111f] d2 a3�Rid PfapOSAI_f)AP.xiS 0� 15 12 - I PftEQUA1.IFICAT!(7N STA`fC'MENT Pt�gc I uf I 2 3 4 5 6 7 8 s�cT�c�N oa as iz PRF.QLIAI.IFICATION S'iATEMENi" Each Sidder for a City procurement is required to cort�plete the infarmatian belaw by identifyi«g the prequalified contractors andlor subcontractors wham they intend tp utili'x,e for the major work type(s} listed. Major Wark �antractorl�ubcontractar Company Nait�e �'rEquali�icatinn T e Ex iration Date Roadway and Indcpc»dent [Jtiiity C'p»struction, Iztc. 311/2U�3 Pede,striun Li htin 9 10 ll 12 l3 14 IS I6 l7 IS 19 ?� 21 22 23 Z4 25 26 27 28 '1"hc und�rsigned herehy certities t}�a[ the coE�tractors and/or subcontractors dEscri}�ed in the t�.ble abpve are currentty prequalitied for the work types listed. 8��71��R: Inde endent Utilit Constructian lnc. By: Richard Vl�a � Company ease Print) 5�09 Sun Valle Dri�e Signature: A.ddress � For[ Worth TX 76] 19 Title: Presider�t CitylState/Zip (Please Pri�t} Date: — � " � i� �F�/� �. END ()F 4ECTI�N 4'["rY Uf FORT W4RTH STAND�tRD CONSTRUC'CION SPECIF[CATI(]N 17(3Cl1MI;NTS RcviscdJuly 1,2U1I Rur!'l�uirrie!'Jrers� i�} { y, l 1�: 1 r1.� �l.;.l {lU 4S 2( � I C[)N rItAC'�f�(ilt ('()iv1PI.lANC'E�: Wrf13 W()RKCR'S COMPENSA'I'1C7N i.AW Yag4 I of I 2 3 4 5 6 i 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 2G 27 28 29 30 31 32 33 34 35 36 37 38 39 40 S�CTiUN QU 45 ZG C(]NTRACTQ� COMPLIANCE WITH WQRKER'S CDMPENSATION LAW Pursuant to Texas Labc�r Code Section 40b.096{a}, as amcnded, Contractor certities that it provides worker's corrtpensation in�uranee coverage tor ail ot' its employees emplayed on City Project No. l 11,2��1 �. Contractor further certifies that, pursua��t to Texas Lak�or Code, 5ectior� 40b.Q9b(h), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation co�era�e. CONTRACTOR: Indcp_cndent [Jtilit,y Construction, lnc. By: hard Wolfe Campany ( eas� Print} 5109 Sun Vailey Dri�e Sigi�ature: Addrass �'art Wortll, `I'X 761 l9 C itylStatelZip 7"HC: 5'['!�'I'� OI-' 'I'l:XAS COUNTY Qf� TARRAN'i" Title: President (Ylease Prir►t) § § BEFORE ME, the undersigncd a�rthority, on this day personally appcared Richard Wolfe , knawn to 1x,e to be the person whose name is subscribed to the fore�oing instrument, and acknowledged to me that helshe executed the sai�e as the act and deed vf Indepedent Utility Canstruction f'or the purpases and cansideration therein expressed and in the capacity therein stated. _ �VEN DER Y I-j ND A, SEAL 01= 4F['ICE this �� day af r� , �� ..�''�',;�!''�,, CMRISTINA GARCIA � �4i�$�,f� N4tary Public, 5tate of 7exas 'x: = = �9f, �,��� Camnl• �xpiras 12-20-2�24 atary Public in and fpr the '•.,;, ��ti,�. Notery ID 13094�785 END 4F SEC'TION Cl'IY (7F FC712'f WC)Ii'I'I I 4TANI)AitD CC7NS'I'RL1C1'!(]N SI�ECIFICA�1�lC]N U()CIIME�N7'S �e��5ediuly 1,2()ll 0 of Texas Hur C' Runcle Pliuse 1 R ('f'.\ \'o. !!)?-!�� OvcuSign Envelape ID: 1�E592A3-28C2�35A-96B8-91bA8F1A1481 4Q �? �3- I T7etieloper Awarded Projec� Agreement Pagc 1 of 4 2 3 SEC'FIUN 4{1 5Z 43 ACrR��]vIENT 4 THIS AGREEI1�E�iT, authori7ed on 1I26I2022 is tnade by a�d between the De�eloper, S Farestar (L;SA] Rea1 Estate Group. Inc., authorized to do business in T�xas ("Deveivper"] , and G Independent litility Canstructian, fr�c. z authori�ed to da business in Texas, acting by� and 7 thr�ugh its duly authorized representatire, {"Contractor"}. 8 I3eweloper and Contractor, in consideratian of thc mutual cv�enants hereinaftsr set forth, agree as 9 follo�vs: 10 Article 1. WQRK li 12 13 14 15 16 �7 l8 l9 20 21 Cc���tra�tur 5ha11 �omplete al� Work as speciC�eci �r indica[ed in the Contract L7ocuments for the Praje�t identified herein. ArticZe 2. YRD.IECT The project for which thc Work undcr the Coutract ilacuments may he lhe wltole or only a part is general[y descrihcd as foIlows: Bar C Ranch Plzase IO Ca Pra'ect 11'0. I0.2444 Article 3. C�NTRACT TIME 3_ ] Time is nf #he essence. �1�1 time limits far Milestones, if any, amd Final A�ceptance as sta-ed in the Contract Docurnents are ot the essence ta this Contract. ?2 3.2 Final Acceptancc. 23 The 1�1+ork t��ill �e campiete for Final Acceptan�e within 45 working days after the date 34 when the Contract Time commen�cs to run �s pro�ided in Paragraph 1?.D4 of the Standard 25 City Conditions af the Canstructian Contruct for �evelaper Av��arded Arojects. 26 3.3 Liquidated damages 7'] ?g �g 3(l 31 32 33 34 35 3G 37 Contractnr re�ogni�es tha# time is of the essence nf t�is Agreement and that Developer will suffer fnancial foss if the Work is not cnrn�ieted within the times specified in �'aragraph 3.2 abave, plus any cxtcnsi�n thereof allawed in accordar�ce wit€� Article 1 f] of the 5tan�ard City Conditions of the Cvnstruction Contract for De�eloper Awarded Projeets. �I'he Gontractor a�so recagnize� thc dclays, expense and difficulties invnl�ed in proving in a le�al groceeding the actual :oss suffered by the 1]evelaper if the 1Vork is nQt cvrnpleted on time. Accordingly�, insteac of requiring any such proof, Contractor agrees that as liquidated daxnages for de�ay {but not as a penalty}, Contractor shali pay Developer Qne �'hausanr,l, 2'�o Hrsrtdred arrd Fiftv Dollars ($1,�50. Q0) for each dar�� that expires after the time specified in Paragraph 3.2 far Final Acceptailce until tYse Ciiy issues the Final Letter �f Acceptance. C[TY CF F�'ORT W'LlR fH BarCRanch Phase 1{} ST�KTA Kf ) C'C]NSTRUCTION SPEC[FIGA I1�Ii []OC:I: iNENTS — DF.V F.f.OPER AW ARIIED PRDJL• CTS lU2�19� IZIVI`SCLI .ILLI1C 16, 2016 OvcuSign Envelape ID: 1�E592A3-28C2�35A-96B8-91bA8F1A1481 C{1 �: �3 • 2 C?c�cloper .Su�arded Praject Agreeinent Page 2 af 4 38 Artieie 4. CDItiTRACT PRICE 39 �7e�eloper agrees to pay ContraGtnr far perfarmance �f the Wo�k in accordance with the Contract 40 D��ur�ents an amount in curreni funds of �ne Hundred Thirty-Six Thousand. 5ix Hundred Thirt�� 41 Doliars & Fir�e Cents {�136,63a.05}. 4� Artic[e 5. C�iVTRACT llOCUN1EMT5 43 5.1 C�NTEN'1'S: �4 �5 4F �17 �8 49 5U 51 �2 53 54 55 56 57 58 59 60 61 G2 63 G4 G5 66 67 G8 69 7U 71 72 73 74 75 A_ The Cantract �aeuments which comprise the entire agreernent hetween I}evelnper and Contractar �oncerning the Wark cansist ��f the folinwing: 1. This Agreement_ 2. Attaclunesits �a this A�icCiiiC�zt: a. Sid Form (As �ravided by l7evel�per} 1} F'roposal Farm (DAP Version) Z} Prcquali��aiian Statement 3} Statc And Fcdcral docuznetrts (projec[ speci�c) �. InsurrxtYcc ACORD Farim�s) c. Pay�nent Bnnd (l7AP Vcrszon) d. Perfo�nance $ond �D1�P Version) e_ Maintcnance Sond �DAP Vers;on) f. Pn��er of Attarney for tkae }3onds g. L�Iorker's Campensation Affidavit h. M$E andlor SF3E Commitmeni Form (If requircd} 3. Standard City General Conditi�n� of the Cc�nstructian Coniract for Dcvelaper Awarded Prc�jects. 4. 5uppiementary Conditions. 5. 5pecificatior�s specifi�ally rnade a part of the Contract Dac.uments hy attac�mcnt or, if not attached, as incarporated hy rcference and describ�d ir� the Table of Contents of the Project's Cantract Dacuments. 6. ❑rawings_ 7. Addenda. 8. Docun�entation subfrritted by Contractar priar to Notice afAwat�l. 9. ['he follawi�ig wl�ich rnay be dclivcred ❑r issued after the Effecti�e Date ❑F the Agreement an�, if issued, becorne cn incorporated part of the L'ontract Documents: a. Noti�e to Yroceed. b. Fiel� C3rders. c. C�ange Urders. d. Letter of Fina� A�cepta�ce. CITY �T FflAT VJDRTH Bar C Rnnc•h Phnse 16 STAND:�HD COIti5'IRII(' 1"lC7iV SPEC[FtC11`fI4N aOCUMEVTS — DEVELOPE:[� AWAHD�D PR[}JF.CTS i02949 Rcv:,�,l lu�i� ]6.2C1G OvcuSign Envelape ID: 1�E592A3-28C2�35A-96B8-91bA8F1A1481 i,fl 52 Y3 - 3 [}c�zloper Au�arded Project Agreernznt Page i nf � 7G Artiele 6. INDEMNIF.ICATION 77 78 79 80 8l 82 83 84 85 8b 87 88 89 9D 91 92 93 9� 95 4G �}7 b.l Cantractor co�en�nts and agrees ta indemnify, hald harmless and defend, at its own expense, the city, i#s af�cers, ser�ants an� employ�ees, fram and against any and all c�aims arising out of, or al[eged to arise ❑uf of, the wark and services to be performed by the contractar, its offieers, agents, emplo}�ees, suheontractors, lieenses or in�•itees under this cnntracf. This indemnificatian ro�ision is s ecificall iotended to o erate and be effectiv�e even if i# 'rs alleged or ra�en that all or some ❑f lhe dama�es bein� sou ht were caused in whalc or in art b an � act, omission or ne li ence of the ci •. '1'his indemnity pro�isian is intended to include, wEthout limitatian, indemnitr far easts, expenses and legal fees ineurrcd b�� the eit}� in defeoding against su�h claims and causes of actions. � G.2 Cnntractor covcnants and agrees to indemnify and hold harmless, at its awn expense, the city, its o#'�cers, ser��nts and emplvyees, iror3n and against �ny und ali loss, damage or destruetion af praperty of the city, arising out of, or alleged ta aris� out of, the wark and seroices f❑ be performed by the contraetor, its of�cers, agents, employecs, subcontractors, licensees or in�itees ■nder this �qntract. This :ndemnification ravision is s ecificall • intended to o erate and be effeeti�e c��en if it is alle ed ar roven thaf all or some of the dama es bein sou bt wcrc caused in whole ar in art b an ' art omission or ne li ence af the ci . Articic 7. MISCEL�ANEQUS 98 7.1 Terms. 99 Terms used in this Agree�ner�t are defined in Article i of the 5taradard City Conditions bf l00 the Canstruction Contract for �eUelvper Awarded Projects. lfll 7.2 Assignment of Contract. �UZ "rhis Agreement, including all of t�e Contract Qocuments inay no# be assigned hy the l U3 C:antractar without the advanced express writtc� consent p1� #he De�elaper. 104 7.3 Successars atxd Assigns. 1�5 De�eloper and Cantrac#ar each binds i#self, its partners, succcssars; assigns anc� legal i06 representatives tn thc ather party hereta, in respect tv all ca�+enants, agreements and lU7 o�ligatians contained in the Contract Documents. 14R 7.4 �everahility. 1�9 Any pro�ision ar part of the Contract Dacumznts held tv be uz�constitutional, �oid ar 110 unenfarceable by a court of' competent jurisdiction shall he decme� s�ricken, and all 111 remainin� provisions shalt ca��tint�e to be valid and binding upon U�VELQP�R and 112 CDNTRACT4R. � 13 7,S Go�erning Law and Uenuc. l i4 This Au�eement, in�luding all of the Contract 1]ocuments is performai�le in the 5tate of I 15 Texas. Venue shall be Tarrant Caunty, Texas, or th� Llnited Siales I3istrict Caurt fvr the 1] 6 Northern District of �exas, Fort Worth Division. CITY CJH F'f7K-I" WURTH Bar CRunchPhrrse JO S'fANi],hRD C:DiVS�FI�UCTI4AI SPLCIF lCA'tlUN U(1C:U�v1�V'f'S -- DEVF.I.OPFR AWARDFT� PRpJECTS Ill?494 RCVIyC� IW1C 16,2C�Ib �acuSign Envelape 10: 1QE592A�28C2-0354-96&8-J10A8F1A7481 iHJ 52 43 - �l Dea�elaper A«•arded PmjectAgreement Page 4 of 4 117 l 18 7.b Authority to Sian. ��4 12U 12] 122. 12� 124 125 125 �2� Cnntractor shal[ attach e�ic�en�e af auEhority to sigi� Agreetnent, if other than duly authorized signatory ot the Contractar. IV WI7NESS WHEI�EOF, ❑evetnper and Cnntractnr ha�+e executed this A�reement in multiple cnunterparts. This A�reernent is effectir��e as of the last datc si�ned by the Farties ("�ffecti�e Date"}. Contractar: De�eloper: Ind;: ?crrcl�;f F rrrin Cr�r�,sr��Lrc�ir;±r. �r�c. Fnrestat' L15A Real Estate Grou , Inc. � OocuSf�ned 6y: Sv: F : �Ul. �,Ar''�S ( igna �ignaturej Richard Walfe mm (Printcd Narne} e�in azares (.Printed Narne} rf'itle: President Company Name: Independes�t Utility Construction, Inc, Address: S 1�9 5un 4'alley dri�e CitylStatelZip: Fort �h+orth, TX 761 l9 l � �+ � — Date ���ti�ti ti ii i r1rt���� `.�` G�[�5TRU '��i ��.� �.��1 .�......., eT�� �.�� : ,�w.. .•' p [3�] "s'L ', � � .��� �fi��s ��=.U��Ai. ;a= �y: ,�: J�� a.f� �r 1 �'7g��y���-�� �fi �ti! ''..,.• p x�� . rfr����1lIl�i �AL�L►�,,, Titic: �� �e Presi dent C:ompany name; Forestar (USA} Real Estate Group, ln�. Address: 2�2] E. Lamar Blvd, Suite 790 Citv.�StatelZip: Arlingtnn, TX 76UQb __ 1/25/2022 --- � Date C[TY C)F FQRT WpRTH SarC Ranch f'fayse 10 STAtiFJARI7 C�Iti5T2UC7ION SP�C[FICATION DOCUMENTS —�JEVELUPER Ai�4'ARDEd PR4Jk'C7'S ]024�1a� Re�'iszd Junr 15. 2016 DATE (MMIDQIYYYYj A�� a� CERTIFICATE �F LIABILITY INSLIRANCE 10I2112021 THIS CERTIFIGATE IS 15SUED ASA MATTER OF INFbRMATIbN flNLYAND CflNFERS Nfl RIGHTS UPON THE CERTIFICATE HflLOER. THIS CERTIFICATE DDES NDT AFFIRMATIVELY �R NEGATIVELYAMEND, ExTEMD OR ALTER THE C�VERAGE AFF�RDED BY THE POLICIES BELOW. THIS CERTIFICATE bF INSURANCE D�OES NOT CONSTITLITE A CbNTRACT BETWEEN THE 15SUING INSURER[Sj, ALITHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFIGATE HOLDER. IMPflRTANT: If the certificate halder is an ADDITIQMAL INSURED, the palicy[ies} must have AaaITI�NAL IMSURED provisians or be endorsed. If SUBRdGATIflN IS VYAIVED, subject to the terms and canditions of the policy, certain policies may require an endarsement. A statement on this certificate does nat confer rights ta the certificate holder in lieu of such endorsement�sj. PROOUCER �E Joyce Womack The 51�veeney Campany a�� � [817} 457-67DD ��� �� {817} 457-7246 1121 E. Loop 820 5outh nooREss Joyce@thesweeneyco_com P Q BDX 872� INSURER(S}AFF6R�ING C�VERAGE NAIC# Fort Warth l7C 7fi124-Oi20 INSl1RER A +� �s Co of Reading, PA 26427 iNsu�o INSl1RER B Continental Casual[y Co 20�W3 Independent Utiliry GonsVudion, Inc. iNsu�R c Travelers Prnperty Casualty Company ofAmerica 41 ifi9 5109 5un Valley Drive INSl1RER ❑ Texas Mutual Insurance Company 229�45 iNsu�R E FortWorth l7C ifi119�'i411 � INSl1RERF CDVERAGES CERTIFICATE NUMBER: REVI51dN NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTEQ BELOW HAVE BEEN ISSUED TD THE INSURE� NAMEDABaVE FOR THE POLICY PERIDD INDICATEa_ NOTWITHSTANaINGANY REt]UIREMENT, TERM �R CON�ITIDN DFANY C�NTRACT OR OTHER ODCUMENT WITH RESPECT TD WHICH THIS CERTIFICATE MAY BE ISSUED QR MRY PERTAIN, THE INSURANCEAFF�R�E6 BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALLTHE TERMS, E?CCLUSION3ANa CONDITIDN3 DF SUCH P�LICIES. LIMITS SHDWN MAY HAVE BEEN REaUCEa BY PAID CLAIMS. ��7R TYPE OF IN5LIRANCE P4L1CY NlIMBER �LICY EFF PDLICY EJCP LIMIT5 IN5� WU� IMNV6�n'Y1'1'1 IMA�WDfWYY� � CDMMERCIALGENERALLIABILffY EACHdCCURRENCE g 1,00O,OOQ CLAMS-MADE � 6CCUR PREMISES Eaxcurrence $ 100,000 C �NTRACTUAL 15,000 MED F�CP [My one person] $ A `�[ xCU 6�7fi055350 10/31/2021 1 �13112022 pER50FyM1L & A6V NJ�Ry $ 1,00O,OOd GEN'LAGGREGATE LIMITAPPL ES PER: GENERALAGGREGATE $ 2,���,00� POLICY � �E o- � LOC PRODUCTS - C6MPIdP AGG $ 2����.00� `�[ oTMER $1,DDD Ded per PD �cc Lmtd Pollution"5ites" 5 1,00O,OOQ AUTOhIflBILE LIABILffY COM61NE0 SINGLE LJMIT y 1,000,000 Ea aocident �[ ANY AUTO 6DDILY NJURY [Per person) $ g �WNE❑ SCHEDULEO 607fi055364 10/31/2021 1�13112�22 6DDILY NJURY[Peraccidentj $ AUTOS DNLY RUT0.5 HIRED NON-�V4NED PROPERTY QAMAGE � AUTOS DNLY RLfT0.5 DNLY Per acciderd 5 � UMBRELLA LIAB �[ p�CUR EACH dCCURRENCE $ 3,00O,OOa C ExCE55uA6 ����pE CUP�545612�21-NF 1013112D21 10/3112022 AGGREGATE g 3,00O,OOd DED �iC RETENTION $ 1 D,DDD $ WORKER5 COMPEN5ATIQN X STATUTE �R AI+Q EMPLOYER5' LJA6ILJTY Y � N ANY PROPR EfORIPARTNERIE7(ECUTIVE E L. EACHACC DENT y 1,000,000 � OFFICERiMEMBER F�(CLU�ED? � N� A oo� a7� sso2 1013112D21 1 �13112022 [MandatoryinNHy EL.DISEASE-EAEMPLDYEE g 1,00O,OOd IF yes, describe under 1,000,00� QESCRIPTION 6F DPER,4T10N5 belaw E L. DISEASE- POLICY LIMff $ �ESCRIPTIDN OF �PERATIDN51 LOCATION5 f YEHICLES [ACDRD 1U1, Addifional Rernarks 5chedule, may 6e attached if mare space is requiredJ Proj 102444 5treet Lighting Imprnuements to serve Bar C Ranch Phase 10. WC, GL 8 auto include a blanket automatic waiuer of subrogation end[ & the GL & auto include a blanket automatic additional insured endt proNding add�ional insured & vwaiver of subrogatian status to the cert holder when there is a written contract between the named insured & the cert holderthat requires such status. The GL additional insured endt cantains special primary & noncantribu[ory wording. The policies include an endt providing 30 days notice of cancellation [10 days inr non-payment of premium} to the cert holder_ Umbrella folbws form the underlying policies. CITY aF F�RTW�RTH 2a0 TF�CAS 5T SFiOU LD ANY DF THE AB�VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EICPIRATION DATE THEREDF, N�T10E WILL BE DELIVERED IN ACCC)RDAFiCE WITH THE PbLICY PRDYISIDNS. AUTHflRIZFD REPRE5ENTATIVE FT WORTH l7C ifi102 1 1(. "I. .�,� D 1988-2015 ACDRD CDRPflRATIflN. All rights reser�ed. ACaRO 25 j2U1 filU3] The ACORD name and lago are registered marks of ACORa DATE (MMIDQIYYYYj A�� a� CERTIFICATE �F LIABILITY INSLIRANCE 10I2112021 THIS CERTIFIGATE IS 15SUED ASA MATTER OF INFbRMATIbN flNLYAND CflNFERS Nfl RIGHTS UPON THE CERTIFICATE HflLOER. THIS CERTIFICATE DDES NDT AFFIRMATIVELY �R NEGATIVELYAMEND, ExTEMD OR ALTER THE C�VERAGE AFF�RDED BY THE POLICIES BELOW. THIS CERTIFICATE bF INSURANCE D�OES NOT CONSTITLITE A CbNTRACT BETWEEN THE 15SUING INSURER[Sj, ALITHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFIGATE HOLDER. IMPflRTANT: If the certificate halder is an ADDITIQMAL INSURED, the palicy[ies} must have AaaITI�NAL IMSURED provisians or be endorsed. If SUBRdGATIflN IS VYAIVED, subject to the terms and canditions of the policy, certain policies may require an endarsement. A statement on this certificate does nat confer rights ta the certificate holder in lieu of such endorsement�sj. PROOUCER �E Joyce Womack The 51�veeney Campany a�� � [817} 457-67DD ��� �� {817} 457-7246 1121 E. Loop 820 5outh nooREss Joyce@thesweeneyco_com P Q BDX 872� INSURER(S}AFF6R�ING C�VERAGE NAIC# Fort Warth l7C 7fi124-Oi20 INSl1RER A +� �s Co of Reading, PA 26427 iNsu�o INSl1RER B Continental Casual[y Co 20�W3 Independent Utiliry GonsVudion, Inc. iNsu�R c Travelers Prnperty Casualty Company ofAmerica 41 ifi9 5109 5un Valley Drive INSl1RER ❑ Texas Mutual Insurance Company 229�45 iNsu�R E FortWorth l7C ifi119�'i411 � INSl1RERF CDVERAGES CERTIFICATE NUMBER: REVI51dN NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTEQ BELOW HAVE BEEN ISSUED TD THE INSURE� NAMEDABaVE FOR THE POLICY PERIDD INDICATEa_ NOTWITHSTANaINGANY REt]UIREMENT, TERM �R CON�ITIDN DFANY C�NTRACT OR OTHER ODCUMENT WITH RESPECT TD WHICH THIS CERTIFICATE MAY BE ISSUED QR MRY PERTAIN, THE INSURANCEAFF�R�E6 BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALLTHE TERMS, E?CCLUSION3ANa CONDITIDN3 DF SUCH P�LICIES. LIMITS SHDWN MAY HAVE BEEN REaUCEa BY PAID CLAIMS. ��7R TYPE OF IN5LIRANCE P4L1CY NlIMBER �LICY EFF PDLICY EJCP LIMIT5 IN5� WU� IMNV6�n'Y1'1'1 IMA�WDfWYY� � CDMMERCIALGENERALLIABILffY EACHdCCURRENCE g 1,00O,OOQ CLAMS-MADE � 6CCUR PREMISES Eaxcurrence $ 100,000 C �NTRACTUAL 15,000 MED F�CP [My one person] $ A `�[ xCU 6�7fi055350 10/31/2021 1 �13112022 pER50FyM1L & A6V NJ�Ry $ 1,00O,OOd GEN'LAGGREGATE LIMITAPPL ES PER: GENERALAGGREGATE $ 2,���,00� POLICY � �E o- � LOC PRODUCTS - C6MPIdP AGG $ 2����.00� `�[ oTMER $1,DDD Ded per PD �cc Lmtd Pollution"5ites" 5 1,00O,OOQ AUTOhIflBILE LIABILffY COM61NE0 SINGLE LJMIT y 1,000,000 Ea aocident �[ ANY AUTO 6DDILY NJURY [Per person) $ g �WNE❑ SCHEDULEO 607fi055364 10/31/2021 1�13112�22 6DDILY NJURY[Peraccidentj $ AUTOS DNLY RUT0.5 HIRED NON-�V4NED PROPERTY QAMAGE � AUTOS DNLY RLfT0.5 DNLY Per acciderd 5 � UMBRELLA LIAB �[ p�CUR EACH dCCURRENCE $ 3,00O,OOa C ExCE55uA6 ����pE CUP�545612�21-NF 1013112D21 10/3112022 AGGREGATE g 3,00O,OOd DED �iC RETENTION $ 1 D,DDD $ WORKER5 COMPEN5ATIQN X STATUTE �R AI+Q EMPLOYER5' LJA6ILJTY Y � N ANY PROPR EfORIPARTNERIE7(ECUTIVE E L. EACHACC DENT y 1,000,000 � OFFICERiMEMBER F�(CLU�ED? � N� A oo� a7� sso2 1013112D21 1 �13112022 [MandatoryinNHy EL.DISEASE-EAEMPLDYEE g 1,00O,OOd IF yes, describe under 1,000,00� QESCRIPTION 6F DPER,4T10N5 belaw E L. DISEASE- POLICY LIMff $ �ESCRIPTIDN OF �PERATIDN51 LOCATION5 f YEHICLES [ACDRD 1U1, Addifional Rernarks 5chedule, may 6e attached if mare space is requiredJ Proj 102444 5treet Lighting Imprnuements to serve Bar C Ranch Phase 10. WC, GL 8 auto include a blanket automatic waiuer of subrogation end[ & the GL & auto include a blanket automatic additional insured endt proNding add�ional insured & vwaiver of subrogatian status to the cert holder when there is a written contract between the named insured & the cert holderthat requires such status. The GL additional insured endt cantains special primary & noncantribu[ory wording. The policies include an endt providing 30 days notice of cancellation [10 days inr non-payment of premium} to the cert holder_ Umbrella folbws form the underlying policies. F4RE5TAR {U5A] REAL ESTATE GR�UP INC 2221 E LAMAR BLVO STE 79� SFiOU LD ANY DF THE AB�VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EICPIRATION DATE THEREDF, N�T10E WILL BE DELIVERED IN ACCC)RDAFiCE WITH THE PbLICY PRDYISIDNS. AUTHflRIZFD REPRE5ENTATIVE ARLINGT�N l7C ifi00fr7458 , D 1988-2015 ACDRD CDRPflRATIflN. All rights reser�ed. ACaRO 25 j2U1 filU3] The ACORD name and lago are registered marks of ACORa 22JANUARY26THCFA21-0065 22JANUARY26TH 22JANUARY26THCFA21-0065 22JANUARY26TH 22JANUARY26THCFA21-0065 UUG? 19�'? MAIN'I'IiNAN1'I. i]On'i} i'a�,c 2 nl 3 I3nnd Nn. 170$$3i' � � 3 4 5 G 7 � s� I (} II 12 13 14 15 IC 17 ]S 19 �p 2[ 22 �3 WHEREA�, �'1'l11C.1�]'{�I E711�CI5 I�SCIf t(7 I'L`�7aiT C)C I"�(;C311tiITlICI �IlC: WCII'I� lil W�IU�L' i)I' Ill �7til'C upon rcccivirti� nc�tice ti•c}in the Uevcloper ar7if/or C:ily c�f'the necd tl�crcof ai any tim� withi�l the Maintenaticc Pcric�d. N(7�W THT;R�FOR1�, tl�c canditinn of t]�is ohligr�rio�� is st�ch thac if E�rinci��a� sltiall rciz�cdy any clef'ecti�c: Work, FO]' WI71CI7 tllT]C�y 171711Ct W�,� ]7�'(jy[(j�[j �y �?�VCIO�)CE' (7]' C'ity, to a co�nplecion saiisf�t�ctot-y xo the C'ity, tl7Cll ZI115 [7hll�,<slion shs�ll becn�7ic ��ull �r7d �oicl; otherwi�e �o rcil�ai�7 in ftil] f'orcc anci eff'ect. 1'ROVIU�I), �I(]WEVER, iE`f'rincip{�I sht�ll I'��i] so to rcpair or reccr,7str�.�ct ��ny timely 11(7ilC�C� CI�E��CIIVf� WUCIC, it is a�rccd thst tlie [7evelope�� or C'ity m��y c��usc a�iy �rriil all such def�ective Work to be repaircd �nd/nr recu�,str��cicd with alI assaci�3tCCI COS[S tE1C]'L'C)� I)�111�, �7(7tnF� hy tf7e I�1'Ii1L'I��f4I 'c117Cj lElt.'. Slll'(:1}r Lll1dC]' 1I115 Maint�n;l��ce F3ond; s�nd PRQVIDT� �LIRTHE�t, that if any lega] aciion be f iled on this E�c�nd, �cr�uc sI7a11 lic it� "f'arrar7t Cou����y,'�'e�cas or thc ll��itcd 5tates Dist�-ict Cc}�u-t f'�r the Northern Uisti•ict of'I'cxas, I�ort Wc��'tlt Divisior7; stncl �'R4VIDE1) ��'URTfIEitx [I73I i�1iS c7hl1��113(]Il S�1ElI� i7C CO[ITIIllIOi15 I11 Il�ltLlC� and succe�sive reco�eries mtiy bc had hcrea�i fi�r succGssi�e breaches. {'ffY OP I�OR'I' WOR'I'll s rn�i7nxn C�t-I v c.;[�Nl.�l fl(�N4 — UL'VI.:LUPt�it nwniiui:u i�itt�.n�:c��rs R��is�d Jantriry 31, 2412 f3ar C' Etanch Phasc 10 City Projcct Nn. 1{12444 22JANUARY26TH IMPdRTANT NOTICE To obtain informatian ar make ��omplaint Yau rnay call Westfield Insurance Company's andlor Ohio Farmers Ins�ir�nce Company's tall-free te�e�hone number fvr information or #o rnake a complaint at: 1-8afl-368-3597 Y�u may also write ta Westf9eld Insurance Company andlor Qhi� Farmers Insuran�e Company a#: 555 Republic Drive, Suite 450 Plano, Texas 75074-$848 You may co�tac# th� Texas Department vf Insurance to obtair� information �n campanies, caverages, righks ar cornplaints at: 1-800-252-3439 You may wrike the Texas deparkmenk of Insurance: P. O. Box 149104 Austin, TX T8714-91Q4 Fax: (512) 4i5-1771 Web: �:Ilwww.tcli_state.tx.us �-mail; CansumerProtectian tdi.state.tx.us PR�MIUM DR CLAIM alSPUT��: �i�auld you have � dis�ute concerning yaur �aremium or about a claim you should contact t�e agent or Westfield Insurance Company �ndlor Ohio �armers Ir�sur�nce Comapny first, If fhe dispute is not resolved, yau may con#�ct the 7�xas ❑epartmen# �f Insurance. ATTACH THIS NOTICE TO YDLJR F���ICY: This natice is for infarmation only and does not become a part or condition pf #h� attached docu�rrent. AV150 I MPaR�ANTE Para obtener inform�cion o para someter una queja: Usted puede Ilamar �I numera de telefono gratis c�e Westfield Insurance Campany's 1 Ohio Farmers Insurance Gompany's para informacian o�ara sameter una queja al: 1-80Q-3G8-3597 Usted tambien puede escribir a Westfield Insurance Comp��y 1�hio Farmers Ins�rance Company: 5b5 Republic Drive, Suit� 45U Plano, Texas 7��74-8848 Puede comunicarse con e! Departamento de �eguras de �exas para ob#en�r informacion acerca de companias, cob�rkuras, derechas a q��ejas al: �-soa-2s2-�a�� Puede escribir al ❑epartamento de Segu�p5 de Texas: P, O. Box 14910�4 Austin, TX 787�4-9904 �ax; {512) 475-1771 Web: htt 'llwww.#di.state.tx.us �-mail: GansumerProtectian[ tdi.state.tx.us DISPUTAS 50BRE pRIMAS D RECLAMQS: �i tiene una cfisputa cancerniente a su �rima a a un reclamo, debe comunicars� con el age�te o Westfield Insurance Campany 1 Ohio Farm�rs Ir�surance Campany prim�ro. Si no se resuelve la disputa, puede entonces camunicarse can ei de�artamenta (T�I). UNA ESTE AVf�Q A 5U PaLIZA: Este a�iso es solo para propasito de infarrrtacian y no se convierte en parte o condicion del documenta adjunto. 7HlS ROWEf2 OFq77b(tNEY SUPERCEDES /�Hy pREVIDUS f+OWEf2 f3L-Al11rv� Itil� sAMt POWER #� A�� 15SUED PRIOR TO Q4/20I11, FOF2 ANY P�f2S�N O(i nERSONS N{��4�{ED 6ELOW. ��I�Erc�. � Power o� Attorney CERTlFIED COPY VLles�f�eid Nat�onal Insurance Ca. �hio Farm�rs Insurance Co. Wes1(icsld Center, Ohia �now l�ll Maa by Ihese: Pre,sents, That W�SI�FIELD INStiI�ANCL (:OMPnNY, WESTFIELD N�TfONAL INSUf2ANCE L'OMf�ANY and Ur�iO FARMERS INSl112ANC[: L'c�t�t�'ANY, corporat�ons, Ir�rcinaiter raterred to rnd�v�at,ally as a"Gompany" ana collect�v�ly as "C.ompanles," duly oryar7ized and exiskinc� undcr tYic laws of the Stale o! Uleio, and hauing iks pridicipal oific:e in Westf�elci CenkQr, hAedina Cc>un�y, Ohip, do t]y �YiBse prasenks make, cqnstitute and appoin[ CMARLES D. SWEEHEY, MICHAEL A. 5W�EN[Y, KYLE W_ SWEENEY. Ei.IZABETH GRAY, JO[NTLY �R S�VERALLY af FORT W�RTN t3r�d Statc af TX �ts true 3nd lawtul Aktnrney(s) in-Far.t, witt� full pnw;r arsd :�uthority ncreby conferrcd in its name, place and stead, ta cxccute, aeknowledgc and delivr.r any and atl bonds, racagnixances, uiidertakings, or ott:er instruments or con#racls af sure�ysr,ip- - - - - • - - - - - - - - - • - - - - - . - . • _ - . • • - - . . . - • - . _ . - - - - - • - - - . . . - • • • . - - - . L114RITATIdN= 7!i#3 POWER OF ATTORNEY CAhN�T BE USEb 74 �XECU1'E N07E GUARANYEE, MORTGAGE DEFICIENCY, MORTGAGE CaUARAHTEE, Of2 6A�li{ b�1�451TiORY 1301VDS, and to bind �rly of thE. CUrTlpanies xhaYEby ag fully and to llie sam� e>ctent as if sucf� bands were signed by tt7P Prr�sidenS, Sc'ale:cf with Ihe Gnrpqr�[e seal al th� appi'scable C[�mparsy and du�y attc;teci t�y ils Secretary, herPby ratifying and cvnfirm�ng all lhat ihe said A[torn�y(sJ�in-Fact may do In the premises. S�Id appbintment IS m:�de under and t�y autho�ity of khe f�sllawing resplutic�n adopked by the 8oard of Oireclars ot e�CYI of the WCSTf�ICLD INS�J�Af�lC� C4MPAhlY, 1N�5TFIELt7 NATIONqL INSURANGE C:OMPIINY anrf OHIO FAR1�I�tZS �NSURIiI�kGE COMPANY' "!3e 11 Fiesolved, that t�e President, �ny Senior �xecutive, any Secrctary ar any Fidelity & 5urety Operations Exe�utive or othcr Exetutive. shall be and is hereby vested with tull power and autr�crrity to appoint any one or more suikable persons as A[tOfI1Cy(5)-I�l-FaC[ t0 fC�)r�g�n! and act f4f and on behalf ot the Campany subject to the fouowing provisior7s: The A[forney-+n-Fact. may be given fu{I power and autliority tor anci in the name oi and on t�ehalf of tfte Corr�par�y, to cxccute, acknowledge and deliver, any and all honds, rccoQnizances, conkraeis, agreemcnts at inaemntty ana other conditional or otallgatory unae:rtakings and -any and afl natices and documents cancclkng or terminalinr� the Company's liat�ility tnercunder, and any such instrurtrents sa executed by any such Attorney-in-Fact shall be as bindii7g upon tt�e Gompany as if signea uy tf�e Fresident anci sealed and attestad by the Corporate Secrekary," '8e it Further Fiesa�ved, that thc si�nature of any such designated persan and the seai of tne Gompany rieretofore or nc:rcatter aFnxed io any Povrer of attomey or any cer#ificate retating theretn by facsirnilc, ana any pawer of attorney or ccrtiiicate bearing facsim�le signatures or tacsimile seat shall be valid arsd binciing upon tt�e �ompany with res�cct ta any bond or undertaking to whicfi it is attactx:d." (Eac�i adUpted at a mP,eting he�d on February a, 2440}, !n Witness Whereof, WESTFIELD INSUftANCE CDMPANY, WESTFIELd NATfdNAL iNSURlIf�tCE COMPltiNY ar7d �HIO FAl�M�F�S IN5l1RANCE COMPANY have caused these prescnts to be signed by their 8enior Exeoutivc and thcir corparate scals to be hereta aTfixed this 2oth day p{ ApRIL A_D., �U11 _ Carparale ��••�#.��R�k ""'� s�ais � � -• .. e � Affixed ��� � .+�ca► ��� �; tio ; �5. �,�.i�`�'�� �*�r'•.'�, ru'a r� �i 5tate at Ohio -""""" Caunty af Adedina ss.= PC]WER NO, 422UU52 DG Wesfif�eld Insurance Co. INSU "•'',,.. WESiFI�Lp �NSLIRAMC� COMPANY � ��.'.�..���'"� OFE O FARltAEF2Sl� URAN ��COMPA�Y��At�Y =,�'�HA3kiE'1p�Q :� � ?�:.1848 .'�: � � y , rs • o • � _ r . �• ' a� "'•""""�,� �YRicl�ard �. Kinnaird, Jr„ lValrpr�a! Sureiy Le�der and 5eniar Exccutrve ` •t���1{YN��•,�5�'� ^��' '•."P =. : 1[! =• ' '! � � �' = � LL. /� � =1—: ��x]la �m� : N ; • ' 7'•. :'Qti_ l '.,' � ,.�.. ••..,� .��.,,,�,.,., C7n this 2DtN day of AhRIL A.D., 2011 , bofore me personally camc: Richard L,. Kinnaird, JC. tv me knawn, wha, being by mo duly sworn, did depose and say, that t7e reskr�t:s in Med�n�, �hio; that �ic� 1s Seniar Executi�e of WE57FtELa INSURAMC� Coh�pANY, WESTFIEI.Q NATIONAt. IN5U12ANCE GOMPANY antl DHap �ARMERS IMSU{2AMCC �C]MPANY, tre cbmpanles tlescrlbed !n and which executed thc abave insErument; that he knows Yhe scals oF said Companies; that the scals attix�� to said irostrument are such corpor�te seals; that they were sa attixed qy order of the Boards of Directors of said Companies; and that he signetl hls name tnaretq by Ilke order_ Hotarial �M„�.«�+�«„w � , 5221 ,+w`���� a� r . Aff xed �"�� ���1�i/ s� �'s �r�. ��.y ' �' � 1� _ �' �� ' ' �• wl[iam J. Kahelin, A �ney at Law, Natary Publie Sta;e p! Qnld -_; � J�� Q My Commission Daes Nat Expire (Sec. 147.�3 Ohio Revlsed Code} Cae�nty of Iv�edina ss.: ;, y .t r ..�E'dF�,• I, Frar�k A. Carrino, Secretary of W�S'1'SiELD Ih}SIJRAt�CF C�7AAPANY, WESTFIELD NATIONAL INSl1RANC� CdMf'1LNY and �H[O FARMERS INSURANC� COMPANY, do hereby cerllfy that ihe abave and foregoing is a true and correct copy o! a Power ot Attarney, executed hy said Companies, which is stili in full lorce ai7d e[tect; and furthermor�, tf�� r�soluiions al the Boards ot Directors, set aut iri the Power of Attorney are in full farce and cffcct. !n Witness Whereaf, I f�ave hereuntv set my hand ar�d affixed the seals of said Compani�s aL westfield Genter, �hio, this day aF ,�„w...,.���, .,�,�, � �.. � � �,,, � f�,S�Fi,(,V�i¢ � .,.`���tiCSNf1L ���� f � �v; •r*+ .t p } a�Q'•' •';� ' �. ;�!' ; f , M •' ��.t�.� ' � �¢ - �: 5�.�..L "� '��, : u'•, • :+" ` �� ��� �*�1f�,f _"•7T��- �'�'. y '..�"'�`� ,.,., *w,,�� • •+• � , e,,. �: 184� r'. *� ..._ '�+ t��, � 4 ..�It1�� sccvrra.y Frank A. Carrina, 5ecretary BPQACZ (cambined) (06-02) 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. Oa 73 1D-11 Standard Crfy Canditions af The Construction Contract For Developer Awarded Projects Page 11 of 35 I j $I, ooa, o0o each a�cident on a coinUi�ed siugle litnit Uasis. Split liuuts are acceptal�le if lunits are at least: ?j $250,flfl� Sodily Injtuy per person 3j $SUO,��� Sodily Injtuy per accident f 4j $IUU,flfl� Property Dama�e D. Railroar� Pr•otectrue Laal�alah�. If any of tlte wark ar any warranty wark is within the liuuts flf railroad i7ght-of-way, the Contr�actor s}�all cornply with t}�e followiug requireinents: 1. The Contxactor's construction activities will require its einployees, agents, sub�anri�actors, eqiupineut, and u�terial deliveiies ta Gross railroad praperties and tracl�s owned and operated by: none VVrite tlie n�vue of the railroad co�sany. {Lf none. tl�en write none} 2. The Contractar shall canduct its operations au rail�oad properties in such a manner as nflt ta interfere with, hinder, or abstruct the railroad couipany in any rnaiwer whatsoever in the i�se or operation ❑f itsltheu� h�aius ar other property_ Su�h aperatians on railroad properties uray reqiure that Canri�actor to execute a"Right ❑f Enh�y Agreement" with the parti�i�lar raih�aad caingany or coinpanies involved, and to this end the Conh�actor shauld satisfy itself as to t}�e reqiurernents of ea�h railroad cornpany and Ue grepared to execute the right-af-ent�y (if any) reqiured by a railroad �ornpany. The requu�ements specified }�erein likewise relate to t}�e Conhaetor's use of private andlor canstruction access roads erossin� said railroad coinpany's properties. 3. The Contrachial Liability �average reqtured Uy Paragraph 5.fl4D ❑f the General Conditions shall provide caverage far not less than the fallowing auiounts, issued Uy couipanies satisfactory ta t}�e City and to t�ie Railraad Coinpany for a teri.n that cantinues far so long as f�1Q COLifI'aCtQI''S Q�7eTc�t1011S c�IlC� WDl'I£ Cl'055, OCCl1�7y, or tauch railraad praperty: a. General Aggregate: none Enter limits proc-ided by Ii�ilroad Cou�any (If noue, cc-rite uone} b. Eac�i ��ciu7�ence: : none Enter lunits pro4 ided b�- Railroad Cornr„an�- (If none, ��z-ite none} 4. With respect to the aUove autliued ivsivance reqtureinents, the following s}�all gavern: a. Where a siugle raih�oad coinpany is invalved, the Conri�actor shall pravide oue insurance policy in the name of t}�e railroad cainpany_ However, if rr�are t}�an one grade separation or at-grade crossin� is affected by tlie Project at enti_rely separate locations on the line or lines of the same railraad company, separate coverage may Ue required, each iu �he ainount stated ahave. b. Where inore than one raih�oad couipany is operatin� on t�ie sarne right-of-way or where several railrflad �oinpauies are involved ana operated on t�ieir own separate i7ghts-of- CITY dF FORT WORTH STANDAR� CTTY CONDITIONS — DEVELdPER AR7AR�EI3 PRQ7ECT5 Res2sed ]anuTry 16, 2613 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 x 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 x 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. 01 11 00 - 1 SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] 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 SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] 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 SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] 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 SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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 SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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, the resulting cost and/or time reduction will be documented by Change Order in accordance with the General Conditions. 01 25 00 - 3 SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 4. No additional contract time will be given for substitution. 5. 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 City’s opinion, acceptance will require substantial revision of the original design d. In the City’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 SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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 PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised August 17, 2012 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. 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. 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 execution of the Agreement and before Work is started. 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. Project Representative 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 PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised August 17, 2012 e. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section 01 32 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. 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. M/WBE or MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments 01 31 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised August 17, 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 32 16 - 1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 SECTION 01 32 16 CONSTRUCTION PROGRESS SCHEDULE PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General requirements for the preparation, submittal, updating, status reporting and management of the Construction Progress Schedule 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance Document 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 A. Definitions 1. Schedule Tiers a. Tier 1 - No schedule submittal required by contract. Small, brief duration projects b. Tier 2 - No schedule submittal required by contract, but will require some milestone dates. Small, brief duration projects c. Tier 3 - Schedule submittal required by contract as described in the Specification and herein. Majority of City projects, including all bond program projects d. Tier 4 - Schedule submittal required by contract as described in the Specification and herein. Large and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governmental entity e. Tier 5 - Schedule submittal required by contract as described in the Specification and herein. Large and/or very complex projects with long durations, high public visibility 1) Examples might include a water or wastewater treatment plant 2. Baseline Schedule - Initial schedule submitted before work begins that will serve as the baseline for measuring progress and departures from the schedule. 3. Progress Schedule - Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. 01 32 16 - 2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 4. Schedule Narrative - Concise narrative of the schedule including schedule changes, expected delays, key schedule issues, critical path items, etc B. Reference Standards 1. City of Fort Worth Schedule Guidance Document 1.4 ADMINISTRATIVE REQUIREMENTS A. Baseline Schedule 1. General a. Prepare a cost-loaded baseline Schedule using approved software and the Critical Path Method (CPM) as required in the City of Fort Worth Schedule Guidance Document. b. Review the draft cost-loaded baseline Schedule with the City to demonstrate understanding of the work to be performed and known issues and constraints related to the schedule. c. Designate an authorized representative (Project Scheduler) responsible for developing and updating the schedule and preparing reports. B. Progress Schedule 1. Update the progress Schedule monthly as required in the City of Fort Worth Schedule Guidance Document. 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 3. Change Orders a. Incorporate approved change orders, resulting in a change of contract time, in the baseline Schedule in accordance with City of Fort Worth Schedule Guidance Document. C. Responsibility for Schedule Compliance 1. Whenever it becomes apparent from the current progress Schedule and CPM Status Report that delays to the critical path have resulted and the Contract completion date will not be met, or when so directed by the City, make some or all of the following actions at no additional cost to the City a. Submit a Recovery Plan to the City for approval revised baseline Schedule outlining: 1) A written statement of the steps intended to take to remove or arrest the delay to the critical path in the approved schedule 2) Increase construction manpower in such quantities and crafts as will substantially eliminate the backlog of work and return current Schedule to meet projected baseline completion dates 3) Increase the number of working hours per shift, shifts per day, working days per week, the amount of construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate the backlog of work 4) Reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and comply with the revised schedule 2. If no written statement of the steps intended to take is submitted when so requested by the City, the City may direct the Contractor to increase the level of effort in manpower (trades), equipment and work schedule (overtime, weekend and holiday work, etc.) to be employed by the Contractor in order to remove or arrest the delay to the critical path in the approved schedule. a. No additional cost for such work will be considered. 01 32 16 - 3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 D. The Contract completion time will be adjusted only for causes specified in this Contract. a. Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deem necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of such justification and supporting evidence, make findings of fact and will advise the Contractor, in writing thereof. 2) If the City finds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the extension. a) Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the network will not be the basis for a change therein. 2. Submit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this Contract. a. No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time, it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the work or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a) No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. b) Available float time in the Baseline schedule may be used by the City as well as by the Contractor. 3. Float or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. a. Float or slack time is not for the exclusive use or benefit of either the Contractor or the City. b. Proceed with work according to early start dates, and the City shall have the right to reserve and apportion float time according to the needs of the project. 01 32 16 - 4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 c. Acknowledge and agree that actual delays, affecting paths of activities containing float time, will not have any effect upon contract completion times, providing that the actual delay does not exceed the float time associated with those activities. E. Coordinating Schedule with Other Contract Schedules 1. Where work is to be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts, the Baseline Schedule shall be coordinated with the schedules of the other contracts. a. Obtain the schedules of the other appropriate contracts from the City for the preparation and updating of Baseline schedule and make the required changes in his schedule when indicated by changes in corresponding schedules. 2. In case of interference between the operations of different contractors, the City will determine the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire Project. a. In such cases, the decision of the City shall be accepted as final. b. The temporary delay of any work due to such circumstances shall not be considered as justification for claims for additional compensation. 1.5 SUBMITTALS A. Baseline Schedule 1. Submit Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. a. Native file format includes: 1) Primavera (P6 or Primavera Contractor) 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and bring in hard copy to the meeting for review and discussion. B. Progress Schedule 1. Submit progress Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit progress Schedule monthly no later than the last day of the month. C. Schedule Narrative 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit schedule narrative monthly no later than the last day of the month. D. Submittal Process 1. The City administers and manages schedules through Buzzsaw. 2. Contractor shall submit documents as required in the City of Fort Worth Schedule Guidance Document. 3. Once the project has been completed and Final Acceptance has been issued by the City, no further progress schedules are required. 01 32 16 - 5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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. The person preparing and revising the construction Progress Schedule shall be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. C. Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 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 PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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. 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. 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 PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 33 00 - 1 SUBMITTALS Page 1 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 SECTION 01 33 00 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 SUBMITTALS Page 2 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 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 SUBMITTALS Page 3 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 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 SUBMITTALS Page 4 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 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 SUBMITTALS Page 5 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 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 SUBMITTALS Page 6 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 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 City at least 7 Calendar Days prior to release for manufacture. 01 33 00 - 7 SUBMITTALS Page 7 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 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. Use the Request for Information (RFI) form provided by the City. 3. Numbering of RFI a. Prefix with “RFI” followed by series number, “-xxx”, beginning with “01” and increasing sequentially with each additional transmittal. 4. Sufficient information shall be attached to permit a written response without further information. 5. The City will log each request and will review the request. a. If review of the project information request indicates that a change to the Contract Documents is required, the City will issue a Field Order or Change Order, as appropriate. 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 SUBMITTALS Page 8 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 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 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 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 the City’s document management system, or another form of distribution approved by the City. 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 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 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. 01 55 26 - 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] 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 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] 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 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 01 57 13 - 1 STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] 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 STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] 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 STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] 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 58 13 - 1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 SECTION 01 58 13 TEMPORARY PROJECT SIGNAGE PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Temporary Project Signage Requirements 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, STORAGE, AND HANDLING [NOT USED] 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 EQUIPMENT, PRODUCT TYPES, AND MATERIALS A. Design Criteria 1. Provide free standing Project Designation Sign in accordance with City’s Standard Details for project signs. 01 58 13 - 2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 B. Materials 1. Sign a. Constructed of ¾-inch fir plywood, grade A-C (exterior) or better 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 INSTALLATION A. General 1. Provide vertical installation at extents of project. 2. Relocate sign as needed, upon request of the City. B. Mounting options a. Skids b. Posts c. Barricade 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 A. General 1. Maintenance will include painting and repairs as needed or directed by the City. 3.14 ATTACHMENTS [NOT USED] END OF SECTION 01 58 13 - 3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 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 list of City approved products for use is available through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. 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. B. 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. C. 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. D. 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 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 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 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. 01 66 00 - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 1 of 22 Section 01 71 23.01 - Attachment A Survey Staking Standards February 2017 O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 2 of 22 These procedures are intended to provide a standard method for construction staking services associated with the City of Fort Worth projects. These are not to be considered all inclusive, but only as a general guideline. For projects on TXDOT right-of-way or through joint TXDOT participation, adherence to the TXDOT Survey Manual shall be followed and if a discrepancy arises, the TXDOT manual shall prevail. (http://onlinemanuals.txdot.gov/txdotmanuals/ess/ess.pdf) If you have a unique circumstance, please consult with the project manager, inspector, or survey department at 817-392-7925. Table of Contents I. City of Fort Worth Contact Information II. Construction Colors III. Standard Staking Supplies IV. Survey Equipment, Control, and Datum Standards V. Water Staking VI. Sanitary Sewer Staking VII. Storm Staking VIII. Curb and Gutter Staking IX. Cut Sheets X. As-built Survey I. Surr►ev Department Cvntact Informativn Physical and mailing address: 8851 Camp 6awie West 8auler�ard Suite 3aa Fart. Worth, Texas 7611fi Office: �817) 392-7925 Suruey 5uperintendent, direct line: {817] 392-8971 II. Cvnstructivn Cvlvrs The following calors shall be used far staking or identifying features in the field. This includes flagging, paint of laths�stakes, paint of huhs, and any identificatian su�h as pin flags if ne�essary. Utility Colvr PR�P�SED EXCAVATI�N WHITE ALL ELECTRIC AND CONDUlTS ' � PflTABLE WATER GA5 �R DIL YELLOW TELEPH�NE�FIBER OPTIC ORANGE SURVEY C�NTROL PDINTS, BENCHMARKS, PRQPERTY CaRNERS, RIGHT-OF-WAYS, AN� PINK ALL PAVING INCLU�ING CURB, SI�EINALK, BUILDING CORNERS SANITARY SEWER IRRIGATI�N AND RECLAIMEQ WATER III. Standard Staking 5upplies Item Minimum siie Lath�Stake 36" tall Wooden Hub �2"x2" min. square preferred] 6" tall Pin Flags �2.5" x 3.5" preferred} 21" long Guard Stakes Not required PK or Mag nails 1" Iong Iron Rads {1f 2" or greater diameterJ 18" long Survey Marking Paint Water-based Flagging 1" wide Marking Whiskers �feathers} 6" Iong Tacks jfor marking hubs� 3�4" long D:�Specs-Stds Governan�e Process�Temporary Spe� Filesl,Capital DeliveryjCap Delivery Div 01�4171 23.16.01 Atta�hment A_Survey Staking Standards.docx Page 3 of 22 O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 4 of 22 IV. Survey Equipment, Control, and Datum Standards A. City Benchmarks All city benchmarks can be found here: http://fortworthtexas.gov/itsolutions/GIS/ Look for ‘Zoning Maps’. Under ‘Layers’ , expand ‘Basemap Layers’, and check on ‘Benchmarks’. B. Conventional or Robotic Total Station Equipment I. A minimum of a 10 arc-second instrument is required. II. A copy of the latest calibration report may be requested by the City at any time. It is recommended that an instrument be calibrated by certified technician at least 1 occurrence every 6 months. C. Network/V.R.S. and static GPS Equipment I. It is critical that the surveyor verify the correct horizontal and vertical datum prior commencing work. A site calibration may be required and shall consist of at least 4 control points spaced evenly apart and in varying quadrants. Additional field checks of the horizontal and vertical accuracies shall be completed and the City may ask for a copy of the calibration report at any time. II. Network GPS such as the Western Data Systems or SmartNet systems may be used for staking of property/R.O.W, forced-main water lines, and rough-grade only. No GPS staking for concrete, sanitary sewer, storm drain, final grade, or anything that needs vertical grading with a tolerance of 0.25’ or less is allowed. D. Control Points Set I. All control points set shall be accompanied by a lath with the appropriate Northing, Easting, and Elevation (if applicable) of the point set. Control points can be set rebar, ‘X’ in concrete, or any other appropriate item with a stable base and of a semi-permanent nature. A rebar cap is optional, but preferred if the cap is marked ‘control point’ or similar wording. II. Datasheets are required for all control points set. Datasheet should include: A. Horizontal and Vertical Datum used, Example: N.A.D.83, North Central Zone 4202, NAVD 88 Elevations B. Grid or ground distance. – If ground, provide scale factor used and base point coordinate, Example: C.S.F.=0.999125, Base point=North: 0, East=0 C. Geoid model used, Example: GEOID12A O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 5 of 22 E. Preferred Grid Datum Although many plan sets can be in surface coordinates, the City’s preferred grid datum is listed below. Careful consideration must be taken to verify what datum each project is in prior to beginning work. It is essential the surveyor be familiar with coordinate transformations and how a grid/surface/assumed coordinate system affect a project. Projected Coordinate System: NAD_1983_StatePlane_Texas_North_Central_FIPS_4202_Feet Projection: Lambert_Conformal_Conic False_Easting: 1968500.00000000 False_Northing: 6561666.66666667 Central_Meridian: -98.50000000 Standard_Parallel_1: 32.13333333 Standard_Parallel_2: 33.96666667 Latitude_Of_Origin: 31.66666667 Linear Unit: Foot_US Geographic Coordinate System: GCS_North_American_1983 Datum: D_North_American_1983 Prime Meridian: Greenwich Angular Unit: Degree Note: Regardless of what datum each particular project is in, deliverables to the City must be converted/translated into this preferred grid datum. 1 copy of the deliverable should be in the project datum (whatever it may be) and 1 copy should be in the NAD83, TX North Central 4202 zone. See Preferred File Naming Convention below F. Preferred Deliverable Format .txt .csv .dwg .job G. Preferred Data Format P,N,E,Z,D,N Point Number, Northing, Easting, Elevation, Description, Notes (if applicable) H. Preferred File Naming Convention This is the preferred format: City Project Number_Description_Datum.csv Example for a project that has surface coordinates which must be translated: File 1: C1234_As-built of Water on Main Street_Grid NAD83 TXSP 4202.csv O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 6 of 22 File 2: C1234_As-built of Water on Main Street_Project Specific Datum.csv Example Control Stakes O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 7 of 22 V. Water Staking Standards O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 8 of 22 A. Centerline Staking – Straight Line Tangents I. Offset lath/stakes every 200’ on even stations II. Painted blue lath/stake only, no hub is required III. Grade is to top of pipe (T/P) for 12” diameter pipes or smaller IV. Grade to flow line (F/L) for 16” and larger diameter pipes V. Grade should be 3.50’ below the proposed top of curb line for 10” and smaller diameter pipes VI. Grade should be 4.00’ below the proposed top of curb line for 12” and larger diameter pipes VII. Cut Sheets are required on all staking and a copy can be received from the survey superintendent Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking - Curves I. If arc length is greater than 100’, POC (Point of Curvature) offset stakes should be set at a 25’ interval II. Same grading guidelines as above III. Staking of radius points of greater than 100’ may be omitted C. Water Meter Boxes I. 7.0’ perpendicular offset is preferred to the center of the box II. Center of the meter should be 3.0’ behind the proposed face of curb III. Meter should be staked a minimum of 4.5’ away from the edge of a driveway IV. Grade is to top of box and should be +0.06’ higher than the proposed top of curb unless shown otherwise on the plans D. Fire Hydrants I. Center of Hydrant should be 3.0’ behind proposed face of curb II. Survey offset stake should be 7.0’ from the center and perpendicular to the curb line or water main III. Grade of hydrants should be +0.30 higher than the adjacent top of curb E. Water Valves & Vaults I. Offsets should be perpendicular to the proposed water main II. RIM grades should only be provided if on plans Example Water Stakes O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 9 of 22 VI. Sanitary Sewer Staking O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 10 of 22 A. Centerline Staking – Straight Line Tangents I. Inverts shall be field verified and compared against the plans before staking II. Painted green lath/stake WITH hub and tack or marker dot, no flagging required III. 1 offset stake between manholes if manholes are 400’ or less apart IV. Offset stakes should be located at even distances and perpendicular to the centerline V. Grades will be per plan and the date of the plans used should be noted VI. If multiple lines are at one manhole, each line shall have a cut/fill and direction noted VII. Stakes at every grade break VIII. Cut sheets are required on all staking Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking – Curves I. If arc length is greater than 100’, POC (Point of Curvature) offset stakes should be set at a 25’ interval II. Staking of radius points of greater than 100’ may be omitted C. Sanitary Sewer Manholes I. 2 offset stakes per manhole for the purpose of providing alignment to the contractor II. Flowline grade should be on the lath/stake for each flowline and direction noted III. RIM grade should only be on the stake when provided in the plans O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 11 of 22 Example Sanitary Sewer Stakes O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 12 of 22 VII. Storm Sewer & Inlet Staking A. Centerline Staking – Straight Line Tangents I. 1 offset stake every 200’ on even stations II. Grades are to flowline of pipe unless otherwise shown on plans III. Stakes at every grade break IV. Cut sheets are required on all staking Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking – Curves I. If arc length is greater than 100’, POC (Point of Curvature) offset stakes should be set at a 25’ interval II. Staking of radius points of greater than 100’ may be omitted C. Storm Drain Inlets I. Staking distances should be measured from end of wing II. Standard 10’ Inlet = 16.00’ total length III. Recessed 10’ Inlet = 20.00’ total length IV. Standard double 10’ inlet = 26.67’ total length V. Recessed double 10’ inlet = 30.67’ total length D. Storm Drain Manholes I. 2 offset stakes per manhole for the purpose of providing alignment to the contractor II. Flowline grade should be on the lath/stake for each flowline and direction noted III. RIM grade should only be on the stake when provided in the plans O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 13 of 22 Example Storm Inlet Stakes O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 14 of 22 VIII. Curb and Gutter Staking A. Centerline Staking – Straight Line Tangents V. 1 offset stake every 50’ on even stations VI. Grades are to top of curb unless otherwise shown on plans VII. Stakes at every grade break VIII. Cut sheets are required on all staking Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking – Curves III. If arc length is greater than 100’, POC (Point of Curvature) offset stakes should be set at a 25’ interval IV. Staking of radius points of greater than 100’ may be omitted O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 15 of 22 Example Curb & Gutter Stakes Example Curb & Gutter Stakes at Intersection O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 16 of 22 O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 17 of 22 IX. Cut Sheets A. Date of field work B. Staking Method (GPS, total station) C. Project Name D. City Project Number (Example: C01234) E. Location (Address, cross streets, GPS coordinate) F. Survey company name G. Crew chief name H. A blank template can be obtained from the survey superintendent (see item I above) Standard City Cut Sheet Date: City Project Number: Project Name: Staking Method: GPS TOTAL STATION OTHER LOCATION: CONSULTANT/CONTRACTOR SURVEY CREW INITIALS ALL GRADES ARE TO FLOWLINE OR TOP OF CURB UNLESS OTHERWISE NOTED. PT # STATION OFFSET DESCRIPTION PROP. STAKED - CUT + FILL -LT/+RT GRADE ELEV. O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 18 of 22 X. As-built Survey A. Definition and Purpose The purpose of an as-built survey is to verify the asset was installed in the proper location and grade. Furthermore, the information gathered will be used to supplement the City’s GIS data and must be in the proper format when submitted. See section IV. As-built survey should include the following (additional items may be requested): Manholes Top of pipe elevations every 250 feet Horizontal and vertical points of inflection, curvature, etc. (All Fittings) Cathodic protection test stations Sampling stations Meter boxes/vaults (All sizes) Fire lines Fire hydrants Gate valves (rim and top of nut) Plugs, stub-outs, dead-end lines Air Release valves (Manhole rim and vent pipe) Blow off valves (Manhole rim and valve lid) Pressure plane valves Cleaning wyes Clean outs Casing pipe (each end) Inverts of pipes Turbo Meters O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 19 of 22 B. Example Deliverable A hand written red line by the field surveyor is acceptable in most cases. This should be a copy of the plans with the point number noted by each asset. If the asset is missing, then the surveyor should write “NOT FOUND” to notify the City. O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 20 of 22 O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 21 of 22 O:\Specs Stds Governance rocess\emporary Spec iles\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 22 of 22 O:\Specs 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 23 of 23 O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 24 of 24 Obviously the .csv or .txt file cannot be signed/sealed by a surveyor in the format requested. This is just an example and all this information should be noted when delivered to the City so it is clear to what coordinate system the data is in. O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 25 of 25 C. Other preferred as-built deliverable Some vendors have indicated that it is easier to deliver this information in a different format. Below is an example spreadsheet that is also acceptable and can be obtained by request from the survey superintendent. O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 26 of 26 01 71 23 - 1 CONSTRUCTION STAKING AND SURVEY Page 1 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for construction staking and construction survey 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. Construction Staking a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for “Construction Staking”. 2) Payment for “Construction Staking” shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following: 1) Verification of control data provided by City. 2) Placement, maintenance and replacement of required stakes and markings in the field. 3) Preparation and submittal of construction staking documentation in the form of “cut sheets” using the City’s standard template. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 3. As-Built Survey a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for “As-Built Survey”. 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 2) Payment for “Construction Staking” shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following:: 1) Field measurements and survey shots to identify location of completed facilities. 2) Documentation and submittal of as-built survey data onto contractor redline plans and digital survey files. 1.3 REFERENCES A. Definitions 1. Construction Survey - The survey measurements made prior to or while construction is in progress to control elevation, horizontal position, dimensions and configuration of structures/improvements included in the Project Drawings. 2. As-built Survey –The measurements made after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Staking – The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings. Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. Survey “Field Checks” – Measurements made after construction staking is completed and before construction work begins to ensure that structures marked on the ground are accurately located per Project Drawings. B. Technical References 1. City of Fort Worth – Construction Staking Standards (available on City’s Buzzsaw website) – 01 71 23.16.01_ Attachment A_Survey Staking Standards 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available on City’s Buzzsaw website). 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land Surveying in the State of Texas, Category 5 1.4 ADMINISTRATIVE REQUIREMENTS A. The Contractor’s selection of a surveyor must comply with Texas Government Code 2254 (qualifications based selection) for this project. 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 01 33 00. B. All submittals shall be received and reviewed by the City prior to delivery of work. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Field Quality Control Submittals 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 1. Documentation verifying accuracy of field engineering work, including coordinate conversions if plans do not indicate grid or ground coordinates. 2. Submit “Cut-Sheets” conforming to the standard template provided by the City (refer to 01 71 23.16.01 – Attachment A – Survey Staking Standards). 1.7 CLOSEOUT SUBMITTALS B. As-built Redline Drawing Submittal 1. Submit As-Built Survey Redline Drawings documenting the locations/elevations of constructed improvements signed and sealed by Registered Professional Land Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 – Attachment A – Survey Staking Standards) . 2. Contractor shall submit the proposed as-built and completed redline drawing submittal one (1) week prior to scheduling the project final inspection for City review and comment. Revisions, if necessary, shall be made to the as-built redline drawings and resubmitted to the City prior to scheduling the construction final inspection. 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the Contractor. 2. Coordination a. Contact City’s Project Representative at least one week in advance notifying the City of when Construction Staking is scheduled. b. It is the Contractor’s responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes. If City surveyors are required to re-stake for any reason, the Contractor will be responsible for costs to perform staking. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed disturbed or omitted that the contracted Work cannot take place then the Contractor will be required to stake or re-stake the deficient areas. B. Construction Survey 1. Construction Survey will be performed by the Contractor. 2. Coordination a. Contractor to verify that horizontal and vertical control data established in the design survey and required for construction survey is available and in place. 3. General a. Construction survey will be performed in order to construct the work shown on the Construction Drawings and specified in the Contract Documents. b. For construction methods other than open cut, the Contractor shall perform construction survey and verify control data including, but not limited to, the following: 1) Verification that established benchmarks and control are accurate. 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 2) Use of Benchmarks to furnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Submit to the City copies of field notesused to establish all lines and grades, if requested, and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City, if requested, to verify the guidance system and the line and grade of the carrier pipe. 6) The Contractor remains fully responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct the installation in accordance with the Contract Documents. C. As-Built Survey 1. Required As-Built Survey will be performed by the Contractor. 2. Coordination a. Contractor is to coordinate with City to confirm which features require as- built surveying. b. It is the Contractor’s responsibility to coordinate the as-built survey and required measurements for items that are to be buried such that construction activities are not delayed or negatively impacted. c. For sewer mains and water mains 12” and under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as-built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. 3. General a. The Contractor shall provide as-built survey including the elevation and location (and provide written documentation to the City) of construction features during the progress of the construction including the following: 1) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 250 linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub-outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non-gravity facilities) at the following locations: (1) Minimum every 250 linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater – Not Applicable 01 71 23 - 5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 b. The Contractor shall provide as-built survey including the elevation and location (and provide written documentation to the City) of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) Water Lines a) Cathodic protection test stations b) Sampling stations c) Meter boxes/vaults (All sizes) d) Fire hydrants e) Valves (gate, butterfly, etc.) f) Air Release valves (Manhole rim and vent pipe) g) Blow off valves (Manhole rim and valve lid) h) Pressure plane valves i) Underground Vaults (1) Rim and flowline elevations and coordinates for each Underground Vault. 3) Sanitary Sewer a) Cleanouts (1) Rim and flowline elevations and coordinates for each b) Manholes and Junction Structures (1) Rim and flowline elevations and coordinates for each manhole and junction structure. 4) Stormwater – Not Applicable 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY PART 2 - PRODUCTS A. A construction survey will produce, but will not be limited to: 1. Recovery of relevant control points, points of curvature and points of intersection. 2. Establish temporary horizontal and vertical control elevations (benchmarks) sufficiently permanent and located in a manner to be used throughout construction. 3. The location of planned facilities, easements and improvements. a. Establishing final line and grade stakes for piers, floors, grade beams, parking areas, utilities, streets, highways, tunnels, and other construction. b. A record of revisions or corrections noted in an orderly manner for reference. c. A drawing, when required by the client, indicating the horizontal and vertical location of facilities, easements and improvements, as built. 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all construction staking projects. These cut sheets shall be on the standard city template which can be obtained from the Survey Superintendent (817-392-7925). 5. Digital survey files in the following formats shall be acceptable: a. AutoCAD (.dwg) b. ESRI Shapefile (.shp) 01 71 23 - 6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use standard templates, if available) 6. Survey files shall include vertical and horizontal data tied to original project control and benchmarks, and shall include feature descriptions PART 3 - EXECUTION 3.1 INSTALLERS A. Tolerances: 1. The staked location of any improvement or facility should be as accurate as practical and necessary. The degree of precision required is dependent on many factors all of which must remain judgmental. The tolerances listed hereafter are based on generalities and, under certain circumstances, shall yield to specific requirements. The surveyor shall assess any situation by review of the overall plans and through consultation with responsible parties as to the need for specific tolerances. a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical tolerance. Horizontal alignment for earthwork and rough cut should not exceed 1.0 ft. tolerance. b. Horizontal alignment on a structure shall be within .0.1ft tolerance. c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and walkways shall be located within the confines of the site boundaries and, occasionally, along a boundary or any other restrictive line. Away from any restrictive line, these facilities should be staked with an accuracy producing no more than 0.05ft. tolerance from their specified locations. d. Underground and overhead utilities, such as sewers, gas, water, telephone and electric lines, shall be located horizontally within their prescribed areas or easements. Within assigned areas, these utilities should be staked with an accuracy producing no more than 0.1 ft tolerance from a specified location. e. The accuracy required for the vertical location of utilities varies widely. Many underground utilities require only a minimum cover and a tolerance of 0.1 ft. should be maintained. Underground and overhead utilities on planned profile, but not depending on gravity flow for performance, should not exceed 0.1 ft. tolerance. B. Surveying instruments shall be kept in close adjustment according to manufacturer’s specifications or in compliance to standards. The City reserves the right to request a calibration report at any time and recommends regular maintenance schedule be performed by a certified technician every 6 months. 1. Field measurements of angles and distances shall be done in such fashion as to satisfy the closures and tolerances expressed in Part 3.1.A. 2. Vertical locations shall be established from a pre-established benchmark and checked by closing to a different bench mark on the same datum. 3. Construction survey field work shall correspond to the client’s plans. Irregularities or conflicts found shall be reported promptly to the City. 4. Revisions, corrections and other pertinent data shall be logged for future reference. 01 71 23 - 7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION A. If the Contractor’s work damages or destroys one or more of the control monuments/points set by the City, the monuments shall be adequately referenced for expedient restoration. 1. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. a. Contractor shall perform replacements and/or restorations. b. The City may require at any time a survey “Field Check” of any monument or benchmarks that are set be verified by the City surveyors before further associated work can move forward. 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. It is the Contractor’s responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. This includes easements and right of way, if noted on the plans. B. Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP A. Survey Checks 1. The City reserves the right to perform a Survey Check at any time deemed necessary. 2. Checks by City personnel or 3rd party contracted surveyor are not intended to relieve the contractor of his/her responsibility for accuracy. 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 01 71 23 - 8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 8/31/2017 M. Owen Added instruction and modified measurement & payment under 1.2; added definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 – PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. 2/14/2018 M Owen Removed “blue text”; revised measurement and payment sections for Construction Staking and As-Built Survey; added reference to selection compliance with TGC 2254; revised action and Closeout submittal requirements; added acceptable depth measurement criteria; revised list of items requiring as-built survey “during” and “after” construction; and revised acceptable digital survey file format 01 74 23 - 1 CLEANING Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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 CLEANING Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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 CLEANING Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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. Interior Final Cleaning 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other foreign materials from sight-exposed surfaces. 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 3. Wash and shine glazing and mirrors. 4. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without filters during construction. 6. Replace all burned out lamps. 7. Broom clean process area floors. 8. Mop office and control room floors. D. 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. 01 74 23 - 4 CLEANING Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 77 19 - 1 CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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 CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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 CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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 01 78 39 - 1 PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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 PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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 PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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, in accordance with the intervals set forth in Section 01 71 23, 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. 01 78 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 c. Call attention to each entry by drawing a "cloud" around the area or areas affected. 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