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Contract 57102-PM1
PROJECT MANUAL FOR THE CONSTRUCTION OF Hampton Villas City Project No. 101804 Water Project Number 56008-0600430-101804-001580 Sewer Project Number 56008-0700430-101804-001380 X-25940 File Number – W-2616 Mattie Parker David Cooke Mayor City Manager Christopher P. Harder, P.E. Director, Water Department Michael Owen, P.E. City Engineer, Transportation and Public Works Department Prepared for The City of Fort Worth February 2022 Kimley-Horn and Associates, Inc. 6160 Warren Parkway, Suite 210 Frisco, Texas 75034 (972) 335-3580 Texas Registered Engineering Firm F-928 2/01/2022 CSC No. 57102-PM1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised March 20, 2020 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions (Moss Utilities, LLC – Water & Sewer) Last Revised 00 11 13 Invitation to Bidders 03/20/2020 00 21 13 Instructions to Bidders 03/20/2020 00 41 00 Bid Form 04/02/2014 00 42 43 Proposal Form Unit Price – Water & Sanitary Sewer 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 – Water & Sanitary Sewer 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 Division 00 - General Conditions (Moss Utilities, LLC – Storm Drain) Last Revised 00 11 13 Invitation to Bidders 03/20/2020 00 21 13 Instructions to Bidders 03/20/2020 00 41 00 Bid Form 04/02/2014 00 42 43 Proposal Form Unit Price – Storm Drain 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 – Storm Drain 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 Tarrant County Construction Bond Tarrant County Maintenance Bond 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised March 20, 2020 Division 00 - General Conditions (Jackson Construction, Ltd. – Paving) Last Revised 00 11 13 Invitation to Bidders 03/20/2020 00 21 13 Instructions to Bidders 03/20/2020 00 41 00 Bid Form 04/02/2014 00 42 43 Proposal Form Unit Price – Paving 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 – Paving 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 Tarrant County Construction Bond Tarrant County Maintenance Bond 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 Division 00 - General Conditions Last Revised 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 3 of 6 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised March 20, 2020 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project’s Contract Documents NONE 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 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 6 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised March 20, 2020 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 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 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 6 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised March 20, 2020 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 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 6 of 6 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised March 20, 2020 Appendix GC-4.02 Subsurface and Physical Conditions END OF SECTION UTILITIES (WATER & SANITARY SEWER) (MOSS UTILITIES, LLC) 00 42 43 DAP - BID PROPOSAL Page 1 of 3 1 3311.0241 8" Water Pipe 33 11 10, 33 11 12 LF 1,512 $45.00 $68,040.00 2 3312.3003 8" Gate Valve 33 12 20 EA 2 $2,000.00 $4,000.00 3 3312.0001 Fire Hydrant 33 12 40 EA 3 $5,600.00 $16,800.00 4 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 1 $5,000.00 $6,000.00 5 3312.2003 1" Water Service 33 12 10 EA 72 $1,500.00 $108,000.00 6 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 1 $2,500.00 $2,500.00 7 3312.4311 36" x 8" Tapping Sleeve & Valve 33 12 25 EA 1 $10,300.00 $10,300.00 8 3305.0109 Trench Safety 33 05 10 LF 1,512 $1.00 $1,512.00 9 9999.0001 Water System Testing (Excluding Geotech)00 00 00 LF 1,512 $2.00 $3,024.00 Description SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT I: WATER IMPROVEMENTS Bidder's Proposal TOTAL UNIT I: WATER IMPROVEMENTS $220,176.00 Bid Quantity Unit Price UNIT PRICE BID Bidder's Application Project Item Information Bidlist Item No. Specification Section No. Unit of Measure Bid Value CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_W&SS 00 42 43 DAP - BID PROPOSAL Page 2 of 3 Description SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Bid Quantity Unit Price UNIT PRICE BID Bidder's Application Project Item Information Bidlist Item No. Specification Section No. Unit of Measure Bid Value 1 3331.4201 10" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 1403 $51.00 $71,553.00 2 3331.4202 10" Sewer Pipe, CSS Backfill 33 11 10, 33 31 12, 33 31 20 LF 100 $60.00 $6,000.00 3 3331.4115 8" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 215 $52.00 $11,180.00 4 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 8 $10,300.00 $82,400.00 5 3305.0113 Trench Water Stops 33 05 15 EA 6 $1,100.00 $6,600.00 6 3331.3101 4" Sewer Service 33 31 50 EA 72 $1,400.00 $100,800.00 7 3305.0116 Concrete Encasement for Utility Pipes 33 05 10 CY 29.5 $390.00 $11,505.00 8 3305.1003 20" Casing By Open Cut 33 05 22 LF 95 $110.00 $10,450.00 9 3305.0109 Trench Safety 33 05 10 LF 1718 $1.50 $2,577.00 10 3301.0101 Manhole Vacuum Testing 33 01 30 EA 8 $170.00 $1,360.00 11 9999.0002 Connect to Existing Sewer Stub-Out 00 00 00 EA 1 $2,500.00 $2,500.00 12 9999.0003 Sewer System Testing (Excluding Geotech)00 00 00 LF 1718 $3.00 $5,154.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS $312,079.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_W&SS 00 42 43 DAP - BID PROPOSAL Page 3 of 3 Description SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Bid Quantity Unit Price UNIT PRICE BID Bidder's Application Project Item Information Bidlist Item No. Specification Section No. Unit of Measure Bid Value This Bid is submitted by the entity named below: BIDDER: Moss Utilities, LLC BY: TITLE: DATE: 55 10 END OF SECTION $312,079.00 UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS Contractor agrees to complete WORK for FINAL ACCEPTANCE within working days Post Paving CONTRACT commences to run as provided in the General Conditions. $532,255.00Total Construction Bid working days Pre Paving Bid Summary Shawn Lain 12/3/2021 $220,176.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_W&SS �,$� �`^'��.-`� �.� 00 45 12 DAP PREQUAIdFICATION STATEAIP.NT Page 1 of 1 SECT�4N 00 4512 DAP — PREQUALIFICATION STATEMENT Each Bidder is required tp cozz�.pl�te the informatian belovv by identifying tl�e prequalified contractors and/or subcontractors whorr� they intezzd to utilize far #he �najor work type(s} Iisied. In the "Ma'ax Work '�ype" bnx nrovide the complete major v�rork t,ype and actual,_,descriptzon as provided by the Water De�artment for water and sewer and TPW far pavin� Major Work Type Contractor/St�bcontractor Corttpan� Name Preqnalification Ex iration Date The utad�z'signed hereby certifies that tlte contractor� and/or subco�ttractors described in the table above are curxently prequalified for the war� typ�s iisted. SIDDER: Moss Utilities, LLC. 3300 Rock Island Road Irving, TX 75050 BY: ����� .� �� —� ,,, __...__.----- (Signature} TITLE; ➢ATE; -�p��,,� END OF SECTION CETY OF PORT WORTH STAN�ARD CONSTRUCi'ION PREQUqLi�lCATIOM STATEMENT — DEV£LOPER A WARDE� PR[3JECT5 QO k5 12_Prequalification Statement 20i5_Moss.docs Farm Verslon Septem6eY 1, 2015 DD4S2b-i CONT12_r1CTOR COMT'LIAIVCE WTTH WORKER'S COMPENSATION LA'4ir Page 1 of 1 1 SECTI4N 00 �5 26 2 CONTRACTOR COMPLiANCE W�TH WORKER'S COMFENSATION LAW 3 Pzusuant to Texas Labar Code Sectzon 406.096(a), as amended, Con�'actor certi�'ies that it 4 provides worker's compensation insuranc� coverage for aIl of its empioyees aznployed on C� 5 Pro'ect No. l QI804. Contractor further certifies that, pursuant to Texas Labor Code, ��ction 6 40&.Q96{b}, as amended, it wi11 provide to City its suhcoz�tz'actor's certifieates of complianc� with 7 worker's compensation coverag�. 8 9 CONTRACTOR: IO ll Moss LTtilities. LLC. __,.., ,,... . By: _--- I2 Company 13 14 15 lb 17 18 19 2fl 21 22 3300 Rock Island Kd Address �_��� (�'lease Print} Signature; Irvin TX 75050 Tit1e; „. ._ City/State/Zip (Plaase Print) THE STAT� OF TEXAS § 23 COUNTY OF TARR.ANT § 24 25 SE�'ORE ME, the undersigned authority, on this day personally appeared Zb ,� �/Y��� .,, .._ , known to me to be the person whase name is 27 subscribed to the �oragoing instt-ument, and acicr�owledged to me that he/she executed the same as 28 the act and deed of �/�,,d, for the purposes and 29 consideration tl�e�ein expressed and in the capacity thex�in stated. 3fl 31 GIVEN L7NDER MY HAND AND SEAL OF ORFICE t�iis ��'.� day af 32 �"_���s . , 20�''�; -. 33 � 34 � 4. 35 � ' ..,+ ,� 3b <<s�'��� c9�tary Public in an or the 5#a#e of Texas `��pRY?V$ � JESSICA DEANN DAVlS ��� i 3� =z°; � c.Thlotery PubliC, State of Texes ?�'•.��r� Comm. Expires 12-09-2026 f''�Oni,��•' Not�ry IA T334$2$03 38 END OF SECTION 39 CITY 4F FOAT WORTE3 Harnpton VrJlas STANDt1RD CONSTRiICTIQN SPECIFiCATTO%I DOCUN[ENTS City Project No. 10180�{ Revised Apri12, 2014 00 52 43 - 1 Developer Awarcied Project A.greement Page 1 oi4 1 2 SECTION 00 52 43 AGREEMENT 3 THIS AGREEMENT, aut�orized o� is tnade by and betrveen the Developer, 4 Brid�e Tawer Homes, LLC, authorized to do business in �'exas ("Developer") , and Moss 5 Utizlzties, LLC., authorized to da business in Texas, acting hy and through its duly attthorized 6 representative, ("Cantractor"}. 7 Developer and Contractor, in consideration af the �utual covenants hereinafter set forth, agree as 8 follows: 9 Article �.. W�RK 10 Contractar shall camplete al1 Woxk as specified or indicated in the Contract Documents fox the 11 Project identified herein. 12 13 14 15 16 17 18 19 2Q Article 2. PROJECT The project for wluci� the Work under tY�e Contract Documents may be t�Ze w�.ole or onlq a part is g�n�rall� described as follows: Hampton Villas Ci Pro'ectNa.101804 Articie 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Finai Acceptance as stated iz� th.e Confract Dpcuz'��nts are of the essence ta '#his Coniract. 2i 3,2 �`lli� AGCBptaTiC�. 22 The Work will be coznplete for Final Acceptance within 55 working days pre-paving and 23 10 working days post-pavi�ag aft�r t�e date when the Contract Time commences to run as 24 provided in Paragraph 12.04 of �Iae Standard City Conditions oi the Canstnzction Contract 25 for Deveioper Awarded Projects. 2b 3,3 Liquidated damages 27 28 29 30 31 32 33 3� 35 36 37 Contractor recognizes that time is of the essence af t�is Agreement and tl�at Developer will suffer financiai Ioss if the Work is not co�npleted withzn the times specified in Paragraph 3.2 above, plus any extension thereof aliowed in accordance with Article 10 of the Standard City Conditions of the Construction Conixact for Developer Awarded Projects. The Contrac#or also recognizas the delays, exper�se and difficuities involved 'm proving in a legal proceeding the act�al Ioss suffered by the Developer if the Work is not completed or� time. Accordingly, instead of requiring any sucia proof, Contrac�or agrees that as liquidated damages for delay (but not as a penalty}, Contractar shall pay Developer Three Hundred Dallars ($3�q•QO) far each day that expires after the tixne specified in Faragraph 3.2 for Fina1 Acceptance until the City issues tkae Fznal Lett�r of Acceptance. CTTY O�' FdRT WOR'�'H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVEE,OP�R AWARDED PR07ECTS Itevised June 16, 2016 Ha�npton Villas City Proj ect No. 101804 005243�2 Developer Awarded Project Agreemeni Page 2 of4 38 Article 4. CONTRACT PR�CE 39 Developer agrees to pay Contractar far pexformance ofthe Work in accordance with the Contract 40 Documents an arnoun� in c�uxent funds of Five Hundred Thirty Two Thousand Two Hundred _ ,,,,... 41 Fifty Five and OO/I00 Dollars ($532,255.�30). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS; 44 A. The Contract Documents which com€prise the entire agreernent between Developex azid 45 Contractor concerning the Work consis# of the following: 46 1. This Agreement. 47 48 49 50 51 52 53 54 SS 56 57 58 59 60 61 62 63 64 65 66 67 fi8 69 �a 7I 72 73 74 75 2. Attachr�ents to this Agre�:tnent: a. Bid Form (As provided by Develoger) 1) Proposal Form (DAP Version) 2) �'r�qualificatian Statement 3) State azid Federal doctunents (project specif c) b. Insurance ACORD Foran(s) a Pay�nen# Bond (DA,P Version} d, Performance Bond {DAP Version) e. Maintenance Bond (DAP V�rsion) £ Power of A�tomey for the Bands g. Worker's Compensation Affidavit 1�. NIl3E a�d/ar SBE Commitment Form (If required) 3. 5#andard City General Conditions of the Constrizction Contract for Developer Awarded Projects. 4. Supplementary Conditians. 5. Specifica�ions specifieally �ad� a part of the Contract Documents by attachment or, if not attached, as incorporated by ra�'erence and described in the Tab1e of Contents of the Proj ect's Contract Docume:�ts. b. Drawings. 7. Addenda. 8. Docuzr�e�tation subxnit�ed by Contractor prior to Notica of A�vard. 9. Tla� inllowing wluch may he delivared or issued after the Effective Date of the Agreem�nt and, if issued, become an incorporated pa.rt of �he Contract Dacuments: a. Notice to Proceed. b. Field Orders. c. Claange Orders. d. Letter of Finai Acceptance. CITY OF FORT WORTH STANDARD CONS'TRUCTYON SPECIFICA'T�ON DOCUMENTS — DEVE�,QPER AWARllEl7 I'R03ECT5 Ravised 7unc 16, 2016 Haznpton ViIlas City Project No. F01804 0(} 52 43 - 3 Developer Awarded Prnject Agreement Page 3 nf�} 76 Article 6. INDEMNIRICATION 77 6.1 Contractor covenants and agrees to indemnify, l�old harmless and defend, at its own 78 e�pe�se, the ciiy, i�s officers, servants a�d ennplo�ees, �'rom and agai�st any a�►d all 79 claims arising aut of, or aIIeged to arise out of, the work and services to be performed 80 by the contractor, its of�cers, agenis, e�nployees, subcantractors, licenses or invitees S1 under tl�is contract. This indemnifcation Arovisian is sAecificaiiv intended to operate 82 az�d be ef�'ective even if it is alle�ed or �rnven tl�at all or sa�ne a� the dam.a�e,s bein� &3 sou i�t wEre caused in whoIe or in art b an act omission or nc li ence of t�e ci . &4 This indemnity provision is intended ta include, withoat limitation, indemnity for 85 cosis, egQenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractar cQvenants and agre�s to indemniiy and hotd harmless, at its own ex�en.se, 89 t�e city, i#s offcers, servants and employees, from and againsi any and ail loss, daxnage 90 or destruction af property of the city, arising out of, or alieged to arise out of, #he work 91 and services to be perfnrmed by the contractor, its officers, agenis, einployees, 92 subcontra¢tors, licensees or ix�vitees under this con#ract. T1�is indemnifca�ion 93 provision is specxficaliy intended to operate anci be ef�ecfive even i� it is a�Xe�,ed or 94 proven that aI[ or some af the damages being sought were caused, in whole or in part, 95 b an act omission or ne li ence of the ci . 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Ternrzs used in #l�is AgreemenY are de�ned i� Article 1 of the Star�dard Cziy Canditions oi 140 the Construction Cantract for Developer Awarded Projects, 1Ql 7.2 Asszgnme�t of Cantract< 102 This Agreement, including all of tY�e Contract Documents may not be assigned by the 103 Contractor without the advanced express written cansent of the Developer. I04 7.3 Successors and Assigns. Ifl5 Developer and Contractor each binds itself, its partners, successors, assigns and Iegal 106 representatives to the other party hereto, in respect to all cavenants, agreements and 1D7 obligations contained in the Contraci Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutianal, void or 110 unenforceable by a co�rt of competer�t jurisdiction shall be deemed stricken, and all 1I1 remaining proviszons shall continue to be valic� and bir�ding upon DEVELOPER and ll2 CONTRACTOR. 113 7.5 Gaverr�ing Law and Venue. 114 This Agreernent, includi�g al1 of the Contract Documents is performable in the 5tate of t 15 Texas. Ven�ze shall be Tarrant Coun�y, Texas, or the United States District Court for the 116 Northern District of T��as, Fart Worth Division. Ci'i'Y OF FOItT WORTH STANDARD CONS`TRUCTION SPECIFICATION 170CUMENTS — DEVELOPER AWARDED PROJECTS Ravised June lb, 20i6 Hamptan Viilas City Project No. 1418�4 DO5243-4 Aeveloper Awarded F'roject Agreement Page 4 of 4 117 118 7.b Authority to Sign. 119 Cantractor sk�all a�fach evidence af auti�ority to sign Agreemen�, if other than duiy 120 authorized signatory of the Contractor. 121 122 I23 124 125 I26 Cantractor: Moss Utilities, L�,C. B (Signature) € �i r��� � '� C,�) � (Frinted Name) "�itic: � �`��°'" Company Name: Moss UtiIities, LLC. Addr�ss: 3300 Rock Island Road City/S#atelZip:Irving, TX 75060 Date I27 IN WITNESS WHEREO�, Developer and Contractor have executed this Agreement in multiple counterparfs. This Agreezra�nf zs e�'fectiv� as nithe las� date signed by the Parties ("Effective Date"). Developer: Bridge Tower Homes, LLC ,-.;� .�.. � - ., , , B .� „_.. , ti atur� � � � _.. (Printed Nam Title: ��� Campany nam�: Bridge Tawer Homes, L.LC Address: 12801 N. Central �xpress•way, �te, 1b75 City/S#ate/Zip: Dallas, T`X 75243 � � �'� . Date CITY OF FORT WORTfi STANDARD CONS`�RUCTION SPECIFICATION DOCi TM�NTS — DEVELOP�R AWARDEU PRO,TECTS Revised Juna 16, 2Q J 6 Hampton Villas Ci#y Praject No, t018Q4 00 61 25 - 1 CERTIFICATE OF INSURANCE Page 1 of 1 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101804 Revised July 1, 2011 SECTION 00 61 25 1 CERTIFICATE OF INSURANCE 2 3 4 5 6 7 8 9 10 11 12 SEE NEXT PAGE FOR CONTRACTOR COI 13 14 15 16 17 18 19 20 21 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number Agency Number Policy Effective Date c CPP2117851 6 21 21 Policv Expiration Date Date Account Number 6/ai/aa Named Insured Agency Issuing Company . IBTX — LAS COLINAS AMERISURE INSURANCE Moss Utilities, LLC COMPANY 1. a. SECTION II - WHO IS AN INSURED is amended to add as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. b. The written contract or written agreement must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" leading to a claim under this policy. C. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; (b) Rent; (C) Lease; or (d) Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or "property damage" occurring after: (a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (other than service, maintenance or repairs); or (b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. Includes copyrighted material of Insurance Services Office, Inc. CG 70 851015 Pages 1 of 3 (3) Completed operations coverage, but only if: (a) The written contract or written agreement requires completed operations coverage or "your work" coverage; and (b) This coverage part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement: (1) Requires "arising out of" language; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 371001; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of". C. If the written contract or written agreement requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(C) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architecYs, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (C) Opinions; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 851015 (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications; and (2) Supervisory, inspection, or engineering services. h. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; C. Contingent; or d. On any other basis; but if the written contract or written agreement requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that otherinsurance. If the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 85 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 10 1 1 85 shown below and paragraph 2.h. Other InsuranCe shown above. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket where required by written contract or written agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 j. The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. CG 70 851015 Pages 3 of 3 Insured: Moss Utilities, LLC PoliCy #CA2117850 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESSAUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is $ 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, A.1. Who Is An Insured is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or a majority interest, will qualify as a Named Insured. H oweve r, (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not apply to "accidents" or "loss" that occurred before you acquired or formed the organization; and (3) Coverage does not apply to an organization that is an "insured" under any other policy or would be an "insured" but for its termination or the exhausting of its limit of insurance. e. Any "employee" of yours using: (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) An "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow and while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract, written agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your covered "autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is issued prior to the "bodily injury" or "property damage"; (2) To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any lessor of "autos" unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auto" is leased without a driver; and Includes copyrighted material of Insurance Services Office, Inc. CA 71 1811 09 Page 1 of 5 (C) The lease had not expired. Leased "autos" covered under this provision will be considered covered "autos" you own and not covered "autos" you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50% of the voting stock on the effective date of this endorsement. This provision does not apply to "bodily injury" or "property damage" for which an "insured" is also an insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of insurance, unless such policywas written to apply specifically in excess of this policy. 2. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS Under Section II - LIABILITY COVERAGE, A2.a. Supplementary Payments, paragraphs (2) and (4) are deleted and replaced as follows: (2) Up to $2,500 for the 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. 3. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION II - LIABILITY COVERAGE, B. EXCLUSIONS, paragraph 5. Fellow Employee is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers, managers, supervisors or above. Coverage is excess over any other collectible insurance. b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of paragraph a. above. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If any of your owned covered "autos" are covered for Physical Damage, we will provide Physical Damage coverage to "autos" that you or your "employees" hire or borrow, under your name or the "employee's" name, for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the Declarations, Item Three, Schedule of Covered Autos You Own, or on any endorsements amending this schedule. B. Under SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions. paragraph b. Loss Of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 CA 71 1811 09 (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 for any expenses for loss of use is $30 per day, to a maximum of $2,000. C. Under SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, paragraph b. is replaced bythe following: b. For Hired Auto Physical Damage, the following are deemed to be covered "autos" you own: Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employees" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. LOAN OR LEASE GAP COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If a covered "auto" is owned or leased and if we provide Physical Damage Coverage on it, we will pay, in the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered "auto", less: (a) The amount paid under the Physical Damage Section of the policy; and: (b) Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor; and (5) Carry-over balances from previous loans or leases. 6. RENTAL REIMBURSEMENT Under SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced bythe following: a. Transportation Expenses (1) We will pay up to $75 per day to a maximum of $2,000 for transportation expense incurred by you because of covered "loss". We will pay only for those covered "autos" for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered "loss" and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". This coverage is in addition to the otherwise applicable coverage you have on a covered "auto". No deductibles apply to this coverage. Includes copyrighted material of Insurance Services Office, Inc. CA 71 1811 09 Page 3 of 5 (2) This coverage does not apply while there is a spare or reserve "auto" available to you for your operation. 7. AIRBAG COVERAGE Under SECTION III - PHYSICAL DAMAGE, B. EXCLUSIONS, paragraph 3. is deleted and replaced by the following: 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: (1) Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tires. 8. GLASS REPAIR— WAIVER OF DEDUCTIBLE Section III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 9. COLLISION COVERAGE— WAIVER OF DEDUCTIBLE Under Section III - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: When there is a loss to your covered "auto" insured for Collision Coverage, no deductible will apply if the loss was caused by a collision with another "auto" insured by us. 10. KNOWLEDGE OF ACCIDENT Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of ACCident, Claim, Suit Or Loss, paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "accident", claim, "suiY' or "loss". Knowledge of an "accident", claim, "suiY' or "loss" by your "employees" shall not, in itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (if you are a limited liabilitycompany) has knowledge of the "accident", claim, "suit" or "loss". Notice should 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. 11. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions paragraph 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accidenY' or "loss" to impair them. However, if the "insured" has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 CA 71 1811 09 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS , B. General Conditions , paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations 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. 13. BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS When required by written contract or written agreement, the definition of "insured contract" is amended as follows: The exception contained in paragraph H.3. relating to construction or demolition operations on or within 50 feet of a railroad; and Paragraph H.a. are deleted with respect to the use of a covered "auto" in operations for, or affecting, a railroad. Includes copyrighted material of Insurance Services Office, Inc. CA 71 1811 09 Page 5 of 5 Insured: Moss Utilities, LLC Policy # PPK2357042 PIC-EVCP-001 (7/17) contamination on, at, under or migrating beyond the legal boundaries of your insured location, provided that: 1. Such contamination first commences during the policy period; 2. Such contamination ceases fully within ten (10) days of its commencement; and 3. The loss or remediation expense is the result of: (i) a claim for bodily injury, property damage or environmental damage that is first made against the insured and reported to us during the policy period, or as expressly provided for in the extended reporting period, if applicable; or (ii) contamination that caused the insured to incur emergency expense during the policy period. E. Image Restoration Coverage We will reimburse you for image restoration expenses incurred because of contamination or an actual or alleged negligent act, error or omission in the performance of your professional services reported to us during the policy period or as expressly provided for in the extended reporting period, if applicable, and that results in bodily injury, property damage, or environmental damage covered under Insuring Agreements I. A., B., C. or D., as applicable. Reimbursement is limited to the costs of restoring your reputation and consumer confidence through image consulting, is subject to the self-insured retention for the applicable coverage part, and will in no event exceed the amount shown in ITEM 5.- E. in the Declarations. II. DEFINITIONS A. Additional insured means: 1. Any individual, organization or entity scheduled to this policy as an additional insured by an endorsement, but solely for their liability specified in such endorsement; or 2. Solely with regard to Coverage B. — Contracting Operations Environmental Liability, any entity required to be an additional insured under this policy in a written contract or agreement for your contracting operations, provided that such contract or agreement was fully executed prior to the date that your contracting operations first commenced. However such entities are included as an additional insured under this policy solely to the extent: a. That the entity is liable for loss or remediation expense to which this insurance applies as a result of your contracting operations performed by or on behalf of an insured other than the entity; and b. Up to and not exceeding any specified limits of insurance as required by the written contract with you or subject to the applicable Coverage B. Contracting Operations Environmental Liability Coverage Limit of Insurance, whichever is less. The entity is not provided any coverage under this policy for any portion of its own negligence or legal liability. B. Bodily injury means: 1. Physical injury, sickness or disease including associated medical or environmental monitoring; and 2. Mental anguish, emotional distress or shock sustained by any person; Page 3 of 27 c0 2017 Philadelphia Consolidated Holding Corp. Insured: Moss Utilities, LLC PoliCy # CPP2117851 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S GENERAL LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS Pa e 1. Additional Definitions 9 2. A re ate Limits Per Location 7 3. A re ate Limits Per Pro'ect 6 4. Blanket Contractual Liabilit — Railroads 3 5. Broadened Bodil In'ur Covera e 10 6. Broadened Knowled e Of Occurrence 8 7. Broadened Le al Liabilit Covera e For Landlord's Business Personal Pro ert 7 8. Broadened Liabilit Covera e For Dama e To Your Product And Your Work 10 9. Broadened Who Is An Insured 3 10. Co-Employee Bodily Injury Coverage for Managers, Supervisors, Directors or Officers 4 see rovision 9, Broadened Who Is An Insured, ara ra h 2.a. 1 11. Contractual Liabilit — Personal And Advertisin In'ur 3 12. Dama e To Premises Rented To You — S ecific Perils and Increased Limit 7 13. Desi nated Com leted Pro'ects — Amended Limits of Insurance 1 1 14. Extended Notice Of Cancellation And Nonrenewal 8 15. Incidental Mal ractice Liabilit 6 16. Increased Medical Payments Limit 7 17. Mobile E ui ment Redefined 9 18. Nonowned Watercraft 3 19. Product Recall Ex ense 2 20. Pro ert Dama e Liabilit — Alienated Premises 2 21. Pro ert Dama e Liabilit — Elevators And Sidetrack A reements 2 22. Property Damage Liability — Property Loaned To The Insured Or Personal Property In The Care, 2 Custod And Control Of The Insured 23. Reasonable Force — Bodil In'ur or Pro ert Dama e 10 24. Su lementar Pa ments 3 25. Transfer Of Ri hts Blanket Waiver Of Subro ation 8 26. Unintentional Failure To Disclose Hazards 8 Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 1 of 11 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I— COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1. through 6. of this endorsement are excess over any valid and collectible insurance (including any deductible) available to the insured, whether primary, excess or contingent (SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is changed accordingly). Provisions 1. through 6. of this endorsement amend the policy as follows: 1. PROPERTY DAMAGE LIABILITY — ALIENATED PREMISES A. Exclusion j. Damage to Property, subparagraph (2) is deleted. B. The following paragraph is deleted from Exclusion j. Damage to Property; Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. 2. PROPERTY DAMAGE LIABILITY — ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators. B. Exclusion k. Damage to Your ProduCt does not apply to: 1. The use of elevators; or 2. Liability assumed under a sidetrack agreement. 3. PROPERTY DAMAGE LIABILITY — PROPERTY LOANED TO THE INSURED OR PERSONAL PROPERTY IN THE CARE, CUSTODY AND CONTROL OF THE INSURED A. Exclusion j. Damage to Property, paragraphs (3) and (4) are deleted.. B. Coverage under this provision 3. does not apply to "property damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate. 4. PRODUCT RECALL EXPENSE A. Exclusion n. Recall of Products, Work or Impaired Property does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". This exception to the exclusion does not apply to "product recall expenses" resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of "your producY', which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of "your product(s)" that have no known or suspected defect solely because a known or suspected defect in another of "your product(s)" has been found. B. Under SECTION III — LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8. is added: 3. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of: Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 11 CG 70 63 04 17 a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and b. "Product recall expenses". 8. Subject to paragraph 5. above [of the CGL Coverage Form], $25,000 is the most we will pay for all "product recall expenses" arising out of the same defect or deficiency. 5. NONOWNED WATERCRAFT Exclusion g. AirCraft, Auto or WaterCraft, paragraph (2) is deleted and replaced with the following: [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; 6. BLANKET CONTRACTUAL LIABILITY — RAILROADS Under SECTION V— DEFINITIONS, paragraph c. of "Insured ContracY' is deleted and replaced by the following: C. Any easement or license agreement; Under SECTION V— DEFINITIONS, paragraph f.(1) of "Insured ContracY' is deleted. 7. CONTRACTUAL LIABILITY — PERSONAL AND ADVERTISING INJURY Under SECTION I— COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 8. SUPPLEMENTARY PAYMENTS Under SECTION I— SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, paragraph 1.b. is deleted and replaced with the following: 1. b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 9. BROADENED WHO IS AN INSURED SECTION II — WHO IS AN INSURED is deleted and replaced with the following: If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. C. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 3 of 11 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or 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), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insured for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or volunteer worker as a consequence of paragraph (1)(a) above; (C) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in Provision 10. of this endorsement. Paragraphs (1)(a), (1)(b) and (1)(C) above do not apply to your "employees" who are: (i) Managers; (ii) Supervisors; (iii) Directors; or (iv) Officers; with respect to "bodily injury" to a co-"employee". (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. C. Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 11 CG 70 63 04 17 f. Any person or organization, including any manager, owner, lessor, mortgagee, assignee or receiver of premises, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises or land leased to you, including common or public areas about such premises or land if so required in the contract. However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy or lease that premises or land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. g. Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard." h. Any person or organization who is the lessor of equipment leased to you, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person(s) or organization(s) only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No such person or organization, however, is an insured with respect to any "occurrence" that takes place after the equipment lease expires. i. Any architect, engineer, or surveyor engaged by you under a written contract but only with respect to liability arising out of your premises or "your work." However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person only applies to the extent permitted by Subchapter C of the Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No architect, engineer, or surveyor, however, is an insured with respect to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection, or engineering services. This paragraph i. does not apply if a separate Additional Insured endorsement providing liability coverage for architects, engineers, or surveyors engaged by you is attached to the policy. If the written contract or written agreement requires primary and non-contributory coverage, the insurance provided by paragraphs f. through i. above will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain 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 the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 5 of 11 c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Coverage A does not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4. Any person or organization (referred to below as vendor) with whom you agreed under a written contract to provide insurance is an insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; C. Any physical or chemical change in "your producY' made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the "your producY'; g. "Your products" which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This paragraph 4. does not apply to any insured person or organization from which you have acquired "your products", or any ingredient, part, or container, entering into, accompanying or containing "your products". This paragraph 4. also does not apply if a separate Additional Insured endorsement, providing liability coverage for "bodily injury" or "property damage" arising out of "your producY' that is distributed or sold in the regular course of a vendor's business, is attached to the policy. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 10. INCIDENTAL MALPRACTICE LIABILITY As respects provision 9., SECTION II — WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your "employee" does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III — LIMITS OF INSURANCE, provisions 11. through 14. of this endorsement amend the policy as follows: 11. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 11 CG 70 63 04 17 12. AGGREGATE LIMITS PER LOCATION The General Aggregate Limit applies separately to each of your locations, but only when required by written contract or written agreement. As respects this provision 12., your locations are premises you own, rent or use 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. However, your locations do not include any premises where you, or others acting on your behalf, are performing construction operations. 13. INCREASED MEDICAL PAYMENTS LIMITS A. SECTION III — LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all the terms of SECTION III — LIMITS OF INSURANCE and is the greater of: 1. $10,000; or 2. The amount shown in the Declarations for Medical Expense Limit. B. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14. DAMAGE TO PREMISES RENTED TO YOU — SPECIFIC PERILS AND INCREASED LIMIT A. The word fire is changed to "specific perils" where it appears in: 1. The last paragraph of SECTION I— COVERAGE A, paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a"specific peril" or any combination of "specific perils." C. The Damage To Premises Rented To You Limit described in SECTION III — LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit, which is the greater of: 1. $1,000,000; or 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14. does not apply if the Damage To Premises Rented To You Limit of SECTION I— COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. E. "Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 15. BROADENED LEGAL LIABILITY COVERAGE FOR LANDLORD'S BUSINESS PERSONAL PROPERTY Under SECTION I— COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. ExClusions, j. Damage to Property, the first paragraph following paragraph (6) is deleted and replaced with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to a landlord's business personal property that is subject to, or part of, a premises lease or rental agreement with that landlord. The most we will pay for damages under this provision 15. is $10,000. A$250 deductible applies. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 16. through 18. of this endorsement amend the policy as follows: Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 7 of 11 16. BROADENED KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced and paragraphs e. and f. are added as follows: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by your "employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members, "executive officers," directors, or managers has knowledge of the "occurrence" or offense. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by this Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your producY' must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and C. We have issued this policy in reliance upon your representations. We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by this Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 18. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suiY' or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 19. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 11 CG 70 63 04 17 Paragraph 2.b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew a. We may elect not to renew this policy except, that under the provisions of the Texas Insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected official. b. If we elect not to renew this policy, we may do so by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policy will remain in effect until the 61 st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium. C. If notice is mailed, proof of mailing will be sufficient proof of notice. d. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. 20. MOBILE EQUIPMENT REDEFINED Under SECTION V— DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight that are not designed for highway use. 21. ADDITIONAL DEFINITIONS 1. SECTION V— DEFINITIONS, paragraph 4. "Coverage territory" is replaced by the following definition: "Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury," "property damage," or °personal and advertising injury," including "personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a"suit" on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2. SECTION V— DEFINITIONS is amended by the addition of the following definitions: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your producY' has resulted or will result in "bodily injury" or "property damage". "Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of "your product" for: a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; C. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by agents designated by you of persons, other than your regular employees, to perform necessary tasks; e. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate; and g. Disposal of "your products" that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 9 of 11 (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid "bodily injury" or "property damage". 22. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE Under SECTION I— COVERAGE A., paragraph 2. Exclusions, subparagraph a. Expected Or Intended Injury is deleted and replaced with the following: [This insurance does not apply to:] 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. 23. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under SECTION I— COVERAGE A., paragraph 2. Exclusions, exclusion k. Damage to Your Product and exclusion I. Damage to Your Work are deleted and replaced with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage" to "your product" arising out of it or any part of it, except when caused by or resulting from: (1) Fire; (2) Smoke; (3) "Collapse"; or (4) Explosion. For purposes of exclusion k. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard". This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) "Collapse"; or (d) Explosion. For purposes of exclusion I. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 11 CG 70 63 04 17 Subject to 5. above [of the CGL Coverage Form], $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage" to "your product" and "your work" that is caused by fire, smoke, collapse or explosion and is included within the "product-completed operations hazard". This sublimit does not apply to "property damage" to "your work" if the damaged work, or the work out of which the damage arises, was performed on your behalf by a subcontractor. 24. BROADENED BODILY INJURY COVERAGE Under SECTION V— DEFINITIONS, the definition of "bodily injury" is deleted and replaced with the following: 3. "Bodily injury" a. Means physical: (1) Injury; (2) Disability; (3) Sickness; or (4) Disease; sustained by a person, including death resulting from any of these at any time. b. Includes mental: (5) Anguish; (6) Injury; (7) Humiliation; (8) Fright; or (9) Shock; directly resulting from any "bodily injury" described in paragraph 3.a. C. All "bodily injury" described in paragraph 3.b. shall be deemed to have occurred at the time the "bodily injury" described in paragraph 3.a. occurred. 25. DESIGNATED COMPLETED PROJECTS — AMENDED LIMITS OF INSURANCE When a written contract or written agreement between you and another party requires project-specific limits of insurance exceeding the limits of this policy; A. for "bodily injury" or "property damage" that occurs within any policy period for which we provided coverage;and B. for "your work" performed within the "products-completed operation hazard"; and C. for which we previously issued Amendment Of Limits Of Insurance (Designated Project Or Premises) CG 71 94 either during this policy term or a prior policy term; and D. that designated project is now complete; the limits of insurance shown in the CG 71 94 schedule will replace the limits of insurance of this policy for the designated project and will continue to apply for the amount of time the written contract or written agreement requires, subject to the state statute of repose of the project location. 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IrMc. wKF� �[51�rr�ws�n EXCESS LIABILITY XS 233 (0221) XS 233 (0221)Page 1 of 1 Copyright © Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Waiver of Subrogation Endorsement Policy Number: Effective Date: June 21, 2021 at 12:01 A.M. Named Insured: MOSS UTILITIES, LLC This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the declarations page. Please read the endorsement and respective policy(ies) carefully. EXCESS LIABILITY POLICY It is hereby agreed that SECTION IV. CONDITIONS, K. Transfer of Rights of Recovery Against Others to Us is amended to include the following: SCHEDULE Name Of Person(s) Or Organization(s): All as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Policy. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. CXE 03 01 10 17 Copyright, American Alternative Insurance Corporation, 2017 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 2 (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (2) The total of all deductible and self-insured amounts under all that other insurance. Insured: Moss Utilities, LLC Policy # PPK2357042 PIC-EVCP-001 (7/17) 2. The supplemental extended reporting period described herein shall commence upon the day that the automatic extended reporting period terminates. 3. For the purpose of any extended reporting period, any change in premium, self-insured retention, Limits of Insurance or other terms or conditions at renewal is not a refusal to renew. 4. Limits of Insurance available during any extended reporting period shall not exceed the balance of the Limits of Insurance in effect at the time the policy terminated. 5. In the event similar insurance is in force covering any claims first made during the automatic extended reporting period, there is no coverage under this policy. 6. In the event similar insurance is in force covering any claims first made during the supplemental extended reporting period, coverage provided by this policy shall be excess over any such other insurance, including any applicable deductible or self-insured retention amounts of such other insurance. For purposes of this provision, other insurance includes all types of self-insurance, indemnification or other funding arrangement or program that is available to compensate an insured for liability. 7. Any extended reporting period does not extend the policy period. Any claim first made against you during an extended reporting period will be deemed to have been first made during the last day of the policy period. X. GENERAL CONDITIONS A. Subrogation If we pay any amount under this policy, we shall be subrogated to the insured's rights of recovery against any person, firm or organization. The insured shall execute and deliver instruments and papers and do whatever is necessary to secure such rights. The insured shall not waive or prejudice such rights subsequent to when a claim is first made or when the insured discovers contamination. Any recovery as a result of a subrogation proceeding arising out of payment of a professional loss, loss or remediation expense covered under this insurance shall accrue first to you to the extent of any payments in excess of the Limits of Insurance; then 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 will 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. Notwithstanding the foregoing, we hereby waive our right of subrogation against your client and any entity where required by written contract provided that such contract is fully executed prior to the first commencement of contamination or prior to the rendering or failure to render your professional services, as applicable to which this insurance applies. B. Changes Notwithstanding anything to the contrary, no provision of this policy may be amended, waived or otherwise changed except by endorsement issued by us to form part of this policy. C. Action Against Us No person or organization has a right under this insurance: Page 23 of 27 c0 2017 Philadelphia Consolidated Holding Corp. Insured: Moss Utilities, LLC PoliCy #PPK2357042 PIC-EVCP-001 (7/17) 1. The statements in the Declarations, your application, and any other supplemental information thereto are complete and accurate; 2. The statements in your application and any other supplementary information thereto are your representations and warranties and that those representations and warranties are material; 3. This policy is issued in reliance upon the truth and accuracy of such representations and warranties; 4. The statements in your application and any other supplemental information thereto are incorporated into this policy. This policy embodies all existing agreements between you and us relating to this insurance; 5. Breach of those representations or warranties will result, at our election, forfeiture of coverage for any claim reported to us under the policy, or voiding of the policy from inception. H. Otherinsurance If other valid and collectible insurance is available to the insured for coverage granted under this policy, our obligations are limited as follows: 1. This insurance is primary, and our obligations are not affected unless any other insurance is also primary. In that case, we will share with all such other insurance by the method described in Paragraph 2. below, or this insurance will be primary and non-contributory when Paragraph 3. below applies; and 2. If all of the other insurance permits contribution by equal shares, we will also follow this method. In this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. In contribution by limits, each insurer's share is based upon the ratio its applicable limit of insurance bears to the total applicable limits of insurance of all insurers. 3. This insurance is primary and non-contributory with other valid and collectible insurance, but only if: (i) the named insured has a written contract or agreement requiring this insurance to be primary and non-contributory; and (ii) such contract or agreement was executed prior to the date that your contracting operations or your professional services, as applicable first commenced. For purposes of this provision, other insurance includes all types of self-insurance, indemnification or other funding arrangement or program that is available to compensate an insured for liability. I. Headings The descriptions in the headings of this policy and any endorsements attached hereto are solely for convenience, and form no part of the terms and conditions of coverage. J. Consent Where consent by us or an insured is required under this policy, such consent shall not be unreasonably withheld, delayed, conditioned or denied. Page 25 of 27 c0 2017 Philadelphia Consolidated Holding Corp. Insured: Moss Utilities, LLC PoliCy # 8E-A7-XL-0002016-00 COMMERCIAL EXCESS LIABILITY CXE 03 25 10 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE Name Of Person�s) Or Organization�s): Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to Section III — Conditions: Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. However, we waive any right of recovery we may have against the person(s) or organization(s) shown in the Schedule above because of payments we make for "injury or damage" that the insured is legally obligated to pay as damages, only if and to the extent: (1) The insured agreed to waive such rights under a written contract with the person(s) or organization(s) shown in the Schedule above prior to the "event", and only for the liability specified within such contract; and (2) The valid and applicable "controlling underlying insurance" providing coverage for the same "injury or damage" exists or would have existed but for the exhaustion of the limits of "controlling underlying insurance", has also waived their such rights of recovery against the person(s) or organization(s) shown in the Schedule above prior to the "event". CXE 03 25 10 17 Copyright, American Alternative Insurance Corporation, 2017 Page 1 of 1 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. XS 373 (0219)Page 1 of 1 Copyright © Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Other Insurance Primary and Noncontributory for Additional Insured Amendatory Endorsement Policy Number: Effective Date: Named Insured: This endorsement modifies insurance provided under the following: EXCESS LIABILITY POLICY It is hereby agreed that SECTION IV. CONDITIONS,I. Other Insurance is deleted in its entirety and replaced by the following: I. Other Insurance If other insurance applies to Ultimate Net Loss that is also covered by this Policy, this Policy will apply excess of, and will not contribute to, the other insurance. Nothing herein will be construed to make this Policy subject to the terms, conditions and limitations of such other insurance. However, other insurance does not include: 1. Underlying Insurance; 2. Insurance that is specifically written as excess over this Policy; or 3. Insurance held by a person(s) or organization(s) qualifying as an additional insured in Underlying Insurance, but only when the written contract or agreement that mandates such additional insured status: a.Requires a specific limit of insurance that is in excess of the Underlying Limits of Insurance; b.Requires that your insurance be primary and not contribute with that of the additional insured; and c.Is executed prior to the loss. In such case as described in subparagraph 3.above, we shall not seek contribution from the additional insureds primary or excess insurance for which they are a named insured for amounts payable under this insurance. The Limits of Insurance afforded the additional insured pursuant to subparagraph 3.above shall be the lesser of the following: a.The minimum limits of insurance required in the contract or agreement; or b.The Limits of Insurance shown in the Declarations of this Policy. Other insurance includes any type of self-insurance or other mechanism by which an Insured arranges for the funding of legal liabilities. All other terms and conditions of this Policy remain unchanged. COMMERCIAL EXCESS LIABILITY CXE 03 01 10 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CXE 03 01 10 17 Copyright, American Alternative Insurance Corporation, 2017 Page 1 of 2 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. PRIMARY AND NONCONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE Name of Designated Additional Insured Person(s) Or Organizations: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Paragraph 8. Other Insurance of Section III – Conditions is deleted and replaced by the following: 8. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. However: (1) This condition will not apply to other insurance specifically written as excess over this Coverage Part. (2) The insurance provided under this Coverage Part will be on a primary basis and will not seek contribution from any other insurance available to an additional insured, provided that: (a) The additional insured is a Named Insured under such other insurance; (b) The additional insured is specifically listed in the Schedule above and for whom coverage is provided in this policy under Paragraph 1.d. Insuring Agreement of Section I – Coverages; (c) You have agreed in writing in a contract or agreement with such designated additional insured listed in the Schedule to provide additional insured coverage on a primary and noncontributory basis; and (d) Only if the applicable "controlling underlying insurance" also provides such coverage and on a primary and noncontributory basis specifically for such designated additional insured listed in the Schedule, and only once the applicable limits of "controlling underlying insurance" have been exhausted in the payment of judgments, settlements and other expenses as applicable. Subject to Section II – Limits Of Insurance, the most we will pay on behalf of such additional insured is the amount of insurance required by the contract or agreement for the coverage afforded under this policy, or the available Limits of Insurance afforded under this policy that are applicable, whichever is less. When this insurance is excess, we will have no duty to defend the insured or designated additional insured against any suit if any other insurer has a duty to defend the insured or designated additional insured against that suit. If no other insurer defends, we may undertake to do so, but we will be entitled to the insured's or designated additional insured’s rights against all those other insurers. b. When this insurance is excess over the other insurance, we will pay only our share of the "ultimate net loss" that exceeds the sum of: Insured: Moss Utilities, LLC Policy #8E-A7-XL-0002016-00 CXE 03 01 10 17 Copyright, American Alternative Insurance Corporation, 2017 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 2 (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (2) The total of all deductible and self-insured amounts under all that other insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) 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. L 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: Al1 Texas Operations 3. Premium The premium charge for this endorsement shall be 2 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 WC 42 03 04 B (Ed. 6-14) 1of2 �' Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. WC 42 03 04 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed. 6-14) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy Effective 6/21/21 State Policy No. wcaii�ssz Insured Moss utiiities, LLC Insurance Company Amerisure Insurance Co. WC 42 03 04 B (Ed. 6-14) Endorsement No. Premium Countersigned by 2 of 2 � Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US Number of Days Notice For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name of Person or Organization Mailing Address IL 70 45 05 07 Insured: Moss Utilities, LLC PoliCy #CPP2117851 & CA2117850 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - THIRD PARTY This endorsement modifies insurance provided underthe following: AUTO DEALERS COVERAGE FORM BU51NE55AUT0 COVERAGE FORM BU51NE55AUT0 PHY5ICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGECOVERAGEFORM MOTOR CARRIER COVERAGE FORM PRODUCT5ICOMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM 5ubject to the cancellation provisions of the Coverage Form to which this endorsement is attached, we will not: 1. Cancel; 2. Nonrenew; or, 3. Materially change (reduce or restrict) this Coverage Form, except for nonpayment of premium, until we provide at least 6 o days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. 5uch notice will be by certified mail with return receipt requested. This notification of cancellation, nanrenewal or material change to the person or organiaation named in the Schedule is intended as a courtesy only. Our failure to provide such notification will not: 1. Extend any Coverage Form cancellation date; 2. Negate the cancellation as to any insured or any certificate holder; 3. Provide any additional insurance that would not have been provided in the absence of this endorsement; or 4. Impose liability of any kind upon us. This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or protection underthis Coverage Form. SCHEDULE Name Of Persan Or Organization Mailing Address Any person or organization holding a certificate of insurance issued The address shown for that person or organization in for you, provided the certificate: that certificate of insurance 1. Refers to this policy; 2. 5tates that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in efFect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy IL70660714 Bond No. GSBSs00043 I 2 3 4 5 6 7 3 9 SECTION DO 62 19 MAINTENANCE B�ND oa 6z � � - i MAINTENANCE gOND Page 1 of 3 THE STATE OF T�XAS § § KNOW AT.L BY THESE PRE5ENT5: COLTNTY OF TARRANT § That we Moss Utilities. LI_,C., known as "Principal" herein and The Gray Insurance Company , a eorporate surety (sureties, if more than one) d��ly authorized to do business in the State o�T�xas, lcnown as "Stirety" herein (whether one ar mare}, 10 are held and firmiy bound unto the Developer, Bridge Tower Homes, LI,C, authorized to do i I b��sir�ess in Texas ("Develnper"} and the City of Fort Worth, a Texas municipal corparation 12 ("City"}, in tl�� s�im af PIVE HUNDRED THIRTY TWO THOUSAND TW� HUNDRED 13 FIFTY FIVE AND 00/100 DOLLARS ($532,255.00i, lawfui money af the United States, tn be 14 paid in For� Worth, Tarrant Co�inty, Texas, for payment of which sum well ancf tn�Iy be made 15 jointly �.inta the Developer and the City as dual abligees and their successors, we bind o�.uselves, 16 17 18 19 Z� 21 our heirs, executors, administrators, sliccessars and assigns, jaintly and severaliy, firtnly by these presents. WHEREAS, Developer and City have entered into an Agreement for the constructian of carnmunity facilities in the City of Fort Worth by and thro��gh a Cainmunity Faciiities Agreement, CFANumber CFAi9-0031; and 22 WHEREAS, the Principal l�as �ntered into a certain written cont��act with the Developer 23 awarded tl�e c[ay of , 2021, which Contract is hereby 24 referred to and a made par� hereof for aIi purposes as if fiilly set fo�-�h herein, to fixrnish aL[ 25 xnaterials, equipment labor and ot�er accessories as defined by Iaw, in the prosecution of the 2b 27 28 29 30 31 32 33 Woric, inetuding any Worlc resutting from a d�►ly autl�orized Change Order (coll�ctiv�ly h�rein, tl�e "Wark") as provided for in said Cantract ancf designated as Ha�npton Vilias; and WH�REAS, Principal binds itself ta use s��ch inaterials and to so construct tiie Wo�-k in accordance with tl�e plans, specifications and Contract Documents that the Work is and wi11 remain free fra�n defects in materials or wark�anship far and during the period of two (2) years after the date of Final Acceptance of the Wark by the City ("Maintenance Period"}; and CITY OF FORT WORTH Hampton Vi11as STANDAftD CITY CONDITIONS — DEVELOPER AWARDED PROJ�CTS City Praject No, 1018�4 Revised 7amiary 31, 2012 D06219-2 MAiNT�NANCE BOND Pagc 2 of 3 1 2 3 4 5 6 7 8 9 iD 11 12 13 14 15 16 17 18 19 2� 21 22 23 WHEREAS, Principal binds itseif to repair or reconstruct the Woric in whale or in part upon reeeiving notice froin the Developer and/or City of tl�e need thereaf at any time within tlae Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, �ar which timely notice was provided by Developer or City, to a completion satisfactary to the City, th�n this obligation shall became n�ilI and void; otl�erwise ta remain in full force and effect. PROVID�D, HOWEVER, if Principal sllali faii so ta repair or reconstruct any timely noticed defective Work, it is agreed tk�at th� Developer or Ciry may ca��se any and all such defective Wark to be repaired and/or recanstructed with all associated casts thereoiheing �orne by t��� Principai and the Surety under tiiis Maintenance Bond; and PROVIDED FURTHER, that if any legal action be #"iled an this Bond, �enue shall lie in Taz-►-ant County, Texas or t�e United �tates District Cou�-� for the Northern District of Te�as, Fort Worth Division; and PROVIDED FURTHER, that this obligation shali be continuous zz� z�ature and successive recavex�i�s znay be had l�ereon for successive breaches. CTTY pF FORT W�RTH I�amptan Villas STANDARD CITY CONDTTIONS -- D�VELOPER AWARDED PROJECTS City Project Na. 101804 Revised January 31, 2012 ao6z�9-3 MAINTENANC� BOND Page 3 of 3 2 3 4 S 6 7 8 9 ]0 11 �z 13 14 15 16 17 18 i9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4D 4I 42 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED tliis instrument by duly ai�thorized agents and officers on this t1�e day of Decernber . 2021. ATTEST: PRINCIPAL: � Signature (Principal) 5ecretary WiEness as to Principal � ��� ��r���� �'`��'`�E�.��. ��'.. Name and Title ` Address: 33D0 Rock Island Rd. lrving, TX 75a60 SURETY: The Gra lnsurance Com ar� ' a , BY � � r��� , ` Signature Michael D. Hendrickson, Att��ris�y-ir�-Fa�t Nama and Tit[e � Address: P.O. BbX 6202 Metairie. LA 70009-62(}2 Telephona Number: 80�-8$�-6�$9 *Note: If signed by an of�cez- of tl�� Sur�ty Company, th�r� must be on �Ie a certified extract from the by-laws showing that this person has autt�ority to sign such obligation. If Surety's physicai address is different fi•om its mailing address, both must be provided. "I"he date of tl�e band sElall nat be prior to tlie dake tl�e Cantract is awarded. ,z:�„_ . ;'l.lf '"aiHERSBY �AYL1E W�ATNER58Y �r�1� _. ,...,-y . : ;1�i105862 opar r�e��r NotarY 1� #132i05862 �` . - issior� Expires z MY �ommission ExQires �,� ���J' �,ay �..���r�� � +P 29, 2023 9Tfaf,�,.. Sufy 29, Z423 s�o�.�6 .lu1y CITY OF FORT WdRTR Ham�tOri Villas STANDARD CITY CONDITIOI�IS — DEV�I.,OPBR AWARDED PROJECTS C�ty Project No, I01804 Rcvised January 31, 20I2 Wiiness as to Surety TSTX Itisk Services 12/10/202i i3:55 94�170f13$213 THE GRAY �NSURANCE COMPANY THE GRAY CASUAL"�Y & SURETY COMPANY Band Number: GSB5900043 Principal: Moss Utilicies, LLC Project: Hamptan Villas - Water & Sewer KNOW AI,L BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casuelty & Surety Company, corporations duly oxganized and existing under the laws of Lnuisiana, and having their principal of�ices in Metairie, Lonisiana, do hereby make, constitute, and appoic�f Patricsa Ann Lyftle, Michael D. Hendrickson, Byran K. Moore, Setty J. iteeh, Elizabeth Ortiz, Ana Tames, Andrew Addison, and Patrick Coyle of San Antonio, Texas jointl� a�nd severally on beha[f of each of the Campanies nazned above its true and lawful Attorney(s}-in- Fact, to make, execute, seai and deiiver, for and on its behalf and as its deed, bonds, or othet writings ohligatary in ihe nattxre of a hond, as surety, contracts of sutetyship as are ox may be req�ired or permitted by law, regulation, eontract ar atherwise, pravidad that no bond or nnderta�ing or contract of suretyship executed under this au#hority slaall exceed the amaunt af $16,00�,000.00. This Pawer of Attorney is granted and is signed by facsimile under and tsy the authority of tlie following Resolutions adopted by the Boards of Directors af both The Gxay insurance Campany and The Gray Casualty & Surety Company at meetings duly cal[ed and hald on tl�e 26�' day of 7une, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the 5ecretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attomey named i� tl�e given Pn�rrer of Attorney to execnte on behalf of the Compatry bonds, undertaftings, and all contracts of suraty, and that each or anq ofthem ss hereby authorized to attest to #he execution of suoh Powar of Attorney, and to atYach the seal of the Corzipany; and it is FURTHEK RI;SOL.VED, that the signahcre of such officers and the seat of the Cannpany may be affixed to any such Power af Attomey ar to any certificate relating ttzczeto by facsimi[e, and any such Power of Attarney or certificatc bearing such facsimi[e signature or iacsimile seal shalk be binding upon the Gompany nory and in tha fuhue when so af�xed with regard to any 6ond, undertaking or confract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Cns�rance Company and The Gray Casualty & Surery Company have ca�sad theu offficial seals to be hereinto affixed, and these presents to be signed hy their authorized officers this ]2i� day of September, 2011. r /�+y �SunAN� ����%��/ '%i��/�.�. 5�fr�Y,aB`''QF ;: �• ... �•••� `!� 1V1�'�` �� Ui� � � '�''.c n / ;'; S E A L � BY: Michael T. Gray Attest; Mark S. Maraguna d= S E 1�i L i� �, ,. 2.; President, The Gray Insurance Company Secret �+. �� �••.� .. �`' �'� �` `�� 4= y *� Vice President, The �ay Insurance Company, '� `'•••• •� The Gray Casualty & Surety Company * State of Louisiana T�e Gray Casualty & 5urety Company ss: Parish of 7afferson On this 12�h day of ,September, 2011, befora me, a Notary Puhlic, personally appeaxed Michael T. Gray, President of The Gray Insurance Coznpany and Vice Presic3ent af The Gray Casvaity & 5urety Company, and Mark S. Manguno, Secretary of The Gray Insurance Campany and The Gxay Casualty & Surety Company, personally knowu to me, being duly sworn, aeknowledged that #hey signed the above Power of Atkorney and affveed the seals of the companies as officers of, and aclrnawledged said instrument #a be the voluntary act and dead, af their companies. a,A�nu �n� Iih1N4,, a 5:.��L v g 5*.. 3� a��O� y��4}s'� ?*i #*" E r �'Pl�� ptl9LlGr�Q,r�`� ��nF n��iou`„�'� GEN�RAL POWER OF ATTORNEY � ' � Lisa S. Millar, Notary Public, Par�sh a�' Orleaus State of Louisiana My Coffunission is for Life I, Mark 5. Manguno, Secxeta�ry of The Gray Insurance Company and The Gray Casualty & Snxeiy Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the connpanies, which is sti11 in fs31[ force and effact. IN WI7'�TE55 WIIEItEOF, I have set xny hand and aff xed the seals oi the Compauies, this�� day of Decernher , Z(i21 . � �y 11 R q.^y � ,�� SEAL �a y�, _ , y,�•�... .ri- * � j�� L�Y � .BG�n. . o� s9 �.,� i�e � ��'w».,*.. ••'�'� ����f� Maxk S. Mangunv, Secr�tary The Gray Insurance Coznpany The Gray Casualty & Surety Company THE � �°i.Y' SURETY The Gray (nsurance Campany The Gray Casualty & 5urety Campany Statutory Canrtplaint Notice To obtain information or to make a complaint: Ya� may contact the Sure#y via telephane �or information or to make a complaint at: �.-504- %54-6711.. You may also write to the Surety at: Gray Surety P.O. Box 6202 M�tairi�, LA 70009-62Q2 You may alsa contact the Texas Department of Insuranc� fo obtain inforrr�ation an cornpanies, coverage, rights ar complaints at 1-80d-252-3�39, You may write ta the Texas Department of lnsurance at: P,O. Box 149104 Austin, TX 78714-9104 �ax: 512-475-3.771 PREMIUM OR CLAIM DISPUTES: Should you ha�e a dispute cnncerning your premium or about a claim, you should cantact the Surety first. If the dispufie is not resalved, you may contact #he Texas �epartment of Insurance. ATTACH TH1S NOTIC� TO YOUR POLICY; This notice is for information only and does rtot become part of condition of the at�ached document, This notice is written under a complete reservation of rights. Nothing herein shall be deerra�d to l�e an estoppel, waiver or modification of any of Gray's rights or defenses, and Gray hereby reserves aii af its rights and def�nses under any genera[ agreemen� of indemnity, contracts, agreements, boncls, or applicable law. UTILITIES (STORM DRAIN) (MOSS UTILITIES, LLC) 00 42 43 DAP - BID PROPOSAL Page 1 of 2 1 0241.1000 Remove Conc Pvmt 02 41 15 SY 68 $50.00 $3,400.00 2 0241.3015 Remove 24" Storm Line 02 41 14 LF 53 $25.00 $1,325.00 3 0241.4201 Remove 4' Drop Inlet 02 41 14 EA 1 $850.00 $850.00 4 3137.0110 Special Riprap 31 37 00 SY 53 $120.00 $6,360.00 5 3201.0616 Conc Pvmt Repair, Arterial/Industrial 32 01 29 SY 68 $91.00 $6,188.00 6 3341.0103 18" RCP, Class III 33 41 10 LF 267 $59.00 $15,753.00 7 3341.0201 21" RCP, Class III 33 41 10 LF 181 $63.00 $11,403.00 8 3341.0205 24" RCP, Class III 33 41 10 LF 233 $67.50 $15,727.50 9 3341.0302 30" RCP, Class III 33 41 10 LF 126 $61.00 $7,686.00 10 3341.0309 36" RCP, Class III 33 41 10 LF 82 $130.00 $10,660.00 11 3341.0409 48" RCP, Class III 33 41 10 LF 78 $190.00 $14,820.00 12 3349.5001 10' Curb Inlet 33 49 20 EA 6 $5,700.00 $34,200.00 13 3349.0001 4' Storm Junction Box 33 49 10 EA 2 $4,100.00 $8,200.00 14 3349.0006 Storm Junction Structure (4' Pond Outlet Struct)33 49 10 EA 1 $5,600.00 $5,600.00 15 3349.4303 18" SET, 3 pipes 33 49 40 EA 2 $2,800.00 $5,600.00 16 3349.4107 30" SET, 1 pipe 33 49 40 EA 1 $3,300.00 $3,300.00 17 3349.4109 36" SET, 1 pipe 33 49 40 EA 1 $4,400.00 $4,400.00 18 3349.1011 48" Flared Headwall, 1 pipe 33 49 40 EA 1 $6,300.00 $6,300.00 19 3305.0109 Trench Safety 33 05 10 LF 968 $1.00 $968.00 20 3301.0012 Post-CCTV Inspection of Storm Drain 33 01 31 LF 968 $1.50 $1,452.00 21 9999.0004 Connect to Existing Storm Manhole 00 00 00 EA 1 $710.00 $710.00 22 9999.0005 Inlet Protection 00 00 00 EA 6 $240.00 $1,440.00 Bidlist Item No. Specification Section No. Unit of Measure $166,342.50 Bid Quantity Unit Price UNIT PRICE BID Bidder's Application Project Item Information Bid ValueDescription SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT III: DRAINAGE IMPROVEMENTS Bidder's Proposal TOTAL UNIT III: DRAINAGE IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_SD 00 42 43 DAP - BID PROPOSAL Page 2 of 2 Bidlist Item No. Specification Section No. Unit of Measure Bid Quantity Unit Price UNIT PRICE BID Bidder's Application Project Item Information Bid ValueDescription SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal This Bid is submitted by the entity named below: BIDDER: Moss Utilities, LLC BY: TITLE: DATE: 45 10 END OF SECTION Shawn Lain Bid Summary $166,342.50UNIT III: DRAINAGE IMPROVEMENTS $166,342.50Total Construction Bid Contractor agrees to complete WORK for FINAL ACCEPTANCE within working days Post Paving CONTRACT commences to run as provided in the General Conditions. working days Pre Paving 12/3/2021 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_SD ��� 00 45 12 DAP PREQUALIFICATIOPF 5TATEMENT Page 1 of 1 SECT�ON QO 4S 12 DAP — PREQUALI�'ICATION STATEMENT Each Bidder zs z'�quired io corr�plete the information below by id��.tifying the prequalified contractors andlor s�tbcantractors whorti t1�ey intend ta utilize for the major work typ�(s) izst�d. In the "Maior Woz`k T e" box rovide the com Fete ma'or work e and actuat descri tion as ravided b the Water Departnr�ent for water and sewer and TPW„for, paving, Major Work Type Cozztractor/Subcontractor Company Nazrx� Prequalif ca#ion Ex zration Date � Tha �tadcrsig:ried hereby certifies that the contrac#oz's and/or subcontractors described in th� table above are cuxxentIy prequalified for the work types Iisted, :111_ : Moss Utilities, LLC, 3300 Rock Island Road Irving, TX 75060 BY: � �J� � (Szgnature) TITLE: DATE: END Ok' SECT�ON arr oF Fo�r woRrw STAN�AR� CONSTfti1CTI0N PREQUALIfICATION STATEMEFlT —DEV�LtlPER AWAR�ED PROJEC'f5 Oo 45 12_Preq�aiification Statement 2o15 Moss.docx Form Verslon Septem6er 1, 2015 00452b-1 CON`I'RACTQR COMPLIANGE W�T'H W�RKER`5 COMPENSATI�N LAW Pagc 1 oP 1 I SECTION 00 45 2G 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 �'ursuant to Texas Labar Code Section �Q6.096{a), as amended, Contractor certifies that it 4 pravides worker's compensation insurance c4verage for all o� its e�nployees emplayed on C� 5 Fra'eet No, 1pl $Q4. Coz�tractoz' fitrther certifes �hat, pursuan# to Texas �,abor Code, Section 6 446,096(bj, as amended, it will providc to City its subcontractor's certificates af corz�plianca with 7 worker's compensa#ion coverage. CONTRACT4R: t0 11 12 13 I4 �5 I6 I7 18 19 20 21 22 23 24 25 26 27 28 23 3� 31 32 33 34 35 36 Moss Utilaties. LLC. w By; Company 3300 Rock Islat�d Rd Address Zrvin TX 75060 Title: _ � . .... .........._ City/State/Zip (Please Print) THE STATE OF TEXAS COUNTY OFTARRANT BEFORE ME, the undersigned authoriiy, on this day personally appeared , known to me to be the p�xson whose name is suhscribed to the foregoix�g in.strurnent, and acknawledged ta me that helsha e�ecuted the sasne as the act and deed of ____ P/'6��, for the purpases and consideration therein expressed and i� the capacify tharein stated. �� ���� , ., ,. ,.--- (Please Print} Signature: _ � � GIVEN UNDER MY HAND AND SEAL OF OFFICE this €��; day of .�- _ .�� ���. :��.��, 20�:P �w �� �e�.,.� '�` �� s� � �"v-� u �. � .�- ;���yp�� ,,lESS1CA QEANN aAv�S � otary Public in and for the State of Texas ?i: n= Notary Puhlio, Stata of TeXaB 37 ��:.�'�� �om111. �X�lies 12-0�2fl25 �'%'���`` Notary kD 1334828�8 38 �"""`���� ND OF SECTION 39 CIT'Y OF FORT WORTH f�ampton Villas STAI�7T7A�D CONSTRUCTTON SPSCIFICATION DOCLTIV�NTS City Praject No. l01804 Revised Aprit 2, 2014 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised June 16, 2016 SECTION 00 52 43 1 AGREEMENT 2 THIS AGREEMENT, authorized on ______________is made by and between the Developer, 3 Bridge Tower Homes, LLC, authorized to do business in Texas (“Developer”), and Moss 4 Utilities, LLC. authorized to do business in Texas, acting by and through its duly authorized 5 representative, (“Contractor”). 6 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 7 follows: 8 Article 1. WORK 9 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 10 Project identified herein. 11 Article 2. PROJECT 12 The project for which the Work under the Contract Documents may be the whole or only a part is 13 generally described as follows: 14 Hampton Villas__________________________________________________________ 15 City Project No. 101804______________________________________________________ 16 Article 3. CONTRACT TIME 17 3.1 Time is of the essence. 18 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 19 Documents are of the essence to this Contract. 20 3.2 Final Acceptance. 21 The Work will be complete for Final Acceptance within _45_ working days pre-paving and 22 _10 working days post-paving after the date when the Contract Time commences to run as 23 provided in Paragraph 12.04 of the Standard City Conditions of the Construction Contract 24 for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 Developer Three Hundred Dollars ($300.00) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. 37 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised June 16, 2016 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of One Hundred Sixty Six Thousand Three Hundred Forty 40 Two and 50/100 Dollars ($166,342.50). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between Developer and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form (As provided by Developer) 48 1) Proposal Form (DAP Version) 49 2) Prequalification Statement 50 3) State and Federal documents (project specific) 51 b. Insurance ACORD Form(s) 52 c. Payment Bond (DAP Version) 53 d. Performance Bond (DAP Version) 54 e. Maintenance Bond (DAP Version) 55 f. Power of Attorney for the Bonds 56 g. Worker’s Compensation Affidavit 57 h. MBE and/or SBE Commitment Form (If required) 58 3. Standard City General Conditions of the Construction Contract for Developer 59 Awarded Projects. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project’s Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 75 005243-3 Developer Awarc4ed Project Agreament Fage 3 of 4 76 ArEicle 6. INDEMNIFICATION 7'7 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 9'i 6.1 Contractnr covenants and agrees io indemuify, hold haranless and defe�d, at its own ez�pense, tl�e ciiy� I�S O��1C��'S� serva�ats and employees, fro�n and against any and all claims arising out of, ar alleged ta arise aut of, the work and se�ices Eo be perforsned by the contractor, its afficers, agents, empIoyees, subcontraciors, licenses ar �uvitees under this contract. This indemnifcation nravision is snecificallv in�e�ded to oQerate and be effective eve� if it is aIie ed ar roven that all or some of the dama es bein sau ht were caused in whole or in art b an act otnissiou or �ue li ence of ti�e ci . This iudemnity pravision is intended to include, withont limitatio�a, indezn.niiy fnr costs, egpenses and legal fees i�curred by the cify in defending against suc� clairas at►d causes of actions. 6.2 Contrac#ar covenants and agr�es to indemnify and b�old l�armless, at its own egpense, Ehe city, its officers, servants and employecs, irom and against any and all �ass, damage or destruction of properiy of the city, arising out of, ar ail�ged to arise out of, the r7vark and services to be performed by the contractor, its officers, agents, e�ployees, subcontractors, licensees nr invitees under this contract. This indemnification pro�ision is s�aeci�'tcallv i�ttended to operate a�t� l�e effective even if it is alle�ed or proven that aIl or some of the damages be�n� sa� ����..—. �ht .,., caused, in whole or in part, , �'vere,,.._ b an act omission or n� li ence of the ci , Article 7. MI�CELLANEOUS 98 7.1 Terms. 99 Terrns �sed in t�.is Agreeznezxt are defzza�d in Article I of the Standard City Canditions of 100 t�e Construction Contract for Developer Awarded I'rojects. 101 7.2 Assignment of Cantract, lfl2 This Agreement, including alI of the Cantract Docuznents z�ay not be assigned by the 103 Co�tractor wit�out the advanced express written consent of the Develap� r. 104 73 Successors and Assigns. 105 Daveioper and Contractor each binds itself, its partners, successors, assigns and legai 106 representatives to the other party hereto, in respect to all covenants, agree�zaents and 107 obligations contained in the Contract Documents. I08 7.4 5everability, I09 Any provision or part of the Contract Docurr�ents held to be unconstitution.al, void or 110 unenforceable by a court of corr�petent jurisdiction shall be deemed stricken, atad a11 lII remaining provisions shall continue to be valid and binding upan DEVELOPER and i I2 CONTRACT�R. i 13 7.5 Gaverning Law and Venue. 114 This Agreement, including all af the Contrac# Docu�nents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the Uni#ed �tates Dist�ict Court �ar ti�e 116 Northern District of Texas, Fart Worth Division. CrrY oF FORT wORTH Hampton Villas STANDA.RD CONSTRUCTION SPECIFICATION DOC�UMENTS — DEVELOPER AWf�RDED PROJ�CTS City Project No. 101804 Itevised June 36,2016 005243-4 Devcloper Aruarded Project Agreement Page 4 of 4 117 11 S 7.6 Authority to Sign. 119 Contractor shall attach e�idence of autharity to sign Agreement, if ather than duly 12U authorized signatory af tf�e Contractor. I21 I22 123 I24 I25 126 Contractor: Moss Utilities, LLC. � �. B (5igr�ature} `f ��'C�` � �,�,..�. (Printed Name) Title: ` � Comgany Name: Mass Utilzties, LLC. Address: 33fl€� Rock Island Road City/State/Zip: Irving, TX 75060 Date 127 IN WITNESS WHEREOF, Developer and Coniractor have executed this Agree�nent in znultiple counterparts. This Agreement is effective as of t�e Iast date signed by the Parties ("Effec#ive Date"). Developer; Brid�e Tawer Homes, LLC .�-�---�: _. � � `. Printed Name} Titl • Company name: Bridga Tower Homes, LLC Address: 1280I N. Central Expressway, Ste. I675 CitylState/Zip: Dallas, X 75243 � Date CI'I`Y OF FORT W4RTH STANDARD CONSTRUC'�ION SPECIFICATION DOCUMENTS — DEVELQPER AWARDED PROIECTS Revised 7une 16, 2016 Hampton Viltas City Project No, 141$04 00 61 25 - 1 CERTIFICATE OF INSURANCE Page 1 of 1 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101804 Revised July 1, 2011 SECTION 00 61 25 1 CERTIFICATE OF INSURANCE 2 3 4 5 6 7 8 9 10 11 12 SEE NEXT PAGE FOR CONTRACTOR COI 13 14 15 16 17 18 19 20 21 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number Agency Number Policy Effective Date c CPP2117851 6 21 21 Policv Expiration Date Date Account Number 6/ai/aa Named Insured Agency Issuing Company . IBTX — LAS COLINAS AMERISURE INSURANCE Moss Utilities, LLC COMPANY 1. a. SECTION II - WHO IS AN INSURED is amended to add as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. b. The written contract or written agreement must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" leading to a claim under this policy. C. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; (b) Rent; (C) Lease; or (d) Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or "property damage" occurring after: (a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (other than service, maintenance or repairs); or (b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. Includes copyrighted material of Insurance Services Office, Inc. CG 70 851015 Pages 1 of 3 (3) Completed operations coverage, but only if: (a) The written contract or written agreement requires completed operations coverage or "your work" coverage; and (b) This coverage part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement: (1) Requires "arising out of" language; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 371001; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of". C. If the written contract or written agreement requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(C) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architecYs, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (C) Opinions; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 851015 (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications; and (2) Supervisory, inspection, or engineering services. h. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; C. Contingent; or d. On any other basis; but if the written contract or written agreement requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that otherinsurance. If the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 85 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 10 1 1 85 shown below and paragraph 2.h. Other InsuranCe shown above. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket where required by written contract or written agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 j. The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. CG 70 851015 Pages 3 of 3 Insured: Moss Utilities, LLC PoliCy #CA2117850 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESSAUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is $ 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, A.1. Who Is An Insured is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or a majority interest, will qualify as a Named Insured. H oweve r, (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not apply to "accidents" or "loss" that occurred before you acquired or formed the organization; and (3) Coverage does not apply to an organization that is an "insured" under any other policy or would be an "insured" but for its termination or the exhausting of its limit of insurance. e. Any "employee" of yours using: (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) An "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow and while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract, written agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your covered "autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is issued prior to the "bodily injury" or "property damage"; (2) To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any lessor of "autos" unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auto" is leased without a driver; and Includes copyrighted material of Insurance Services Office, Inc. CA 71 1811 09 Page 1 of 5 (C) The lease had not expired. Leased "autos" covered under this provision will be considered covered "autos" you own and not covered "autos" you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50% of the voting stock on the effective date of this endorsement. This provision does not apply to "bodily injury" or "property damage" for which an "insured" is also an insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of insurance, unless such policywas written to apply specifically in excess of this policy. 2. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS Under Section II - LIABILITY COVERAGE, A2.a. Supplementary Payments, paragraphs (2) and (4) are deleted and replaced as follows: (2) Up to $2,500 for the 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. 3. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION II - LIABILITY COVERAGE, B. EXCLUSIONS, paragraph 5. Fellow Employee is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers, managers, supervisors or above. Coverage is excess over any other collectible insurance. b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of paragraph a. above. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If any of your owned covered "autos" are covered for Physical Damage, we will provide Physical Damage coverage to "autos" that you or your "employees" hire or borrow, under your name or the "employee's" name, for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the Declarations, Item Three, Schedule of Covered Autos You Own, or on any endorsements amending this schedule. B. Under SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions. paragraph b. Loss Of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 CA 71 1811 09 (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 for any expenses for loss of use is $30 per day, to a maximum of $2,000. C. Under SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, paragraph b. is replaced bythe following: b. For Hired Auto Physical Damage, the following are deemed to be covered "autos" you own: Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employees" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. LOAN OR LEASE GAP COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If a covered "auto" is owned or leased and if we provide Physical Damage Coverage on it, we will pay, in the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered "auto", less: (a) The amount paid under the Physical Damage Section of the policy; and: (b) Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor; and (5) Carry-over balances from previous loans or leases. 6. RENTAL REIMBURSEMENT Under SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced bythe following: a. Transportation Expenses (1) We will pay up to $75 per day to a maximum of $2,000 for transportation expense incurred by you because of covered "loss". We will pay only for those covered "autos" for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered "loss" and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". This coverage is in addition to the otherwise applicable coverage you have on a covered "auto". No deductibles apply to this coverage. Includes copyrighted material of Insurance Services Office, Inc. CA 71 1811 09 Page 3 of 5 (2) This coverage does not apply while there is a spare or reserve "auto" available to you for your operation. 7. AIRBAG COVERAGE Under SECTION III - PHYSICAL DAMAGE, B. EXCLUSIONS, paragraph 3. is deleted and replaced by the following: 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: (1) Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tires. 8. GLASS REPAIR— WAIVER OF DEDUCTIBLE Section III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 9. COLLISION COVERAGE— WAIVER OF DEDUCTIBLE Under Section III - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: When there is a loss to your covered "auto" insured for Collision Coverage, no deductible will apply if the loss was caused by a collision with another "auto" insured by us. 10. KNOWLEDGE OF ACCIDENT Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of ACCident, Claim, Suit Or Loss, paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "accident", claim, "suiY' or "loss". Knowledge of an "accident", claim, "suiY' or "loss" by your "employees" shall not, in itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (if you are a limited liabilitycompany) has knowledge of the "accident", claim, "suit" or "loss". Notice should 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. 11. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions paragraph 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accidenY' or "loss" to impair them. However, if the "insured" has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 CA 71 1811 09 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS , B. General Conditions , paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations 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. 13. BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS When required by written contract or written agreement, the definition of "insured contract" is amended as follows: The exception contained in paragraph H.3. relating to construction or demolition operations on or within 50 feet of a railroad; and Paragraph H.a. are deleted with respect to the use of a covered "auto" in operations for, or affecting, a railroad. Includes copyrighted material of Insurance Services Office, Inc. CA 71 1811 09 Page 5 of 5 Insured: Moss Utilities, LLC Policy # PPK2357042 PIC-EVCP-001 (7/17) contamination on, at, under or migrating beyond the legal boundaries of your insured location, provided that: 1. Such contamination first commences during the policy period; 2. Such contamination ceases fully within ten (10) days of its commencement; and 3. The loss or remediation expense is the result of: (i) a claim for bodily injury, property damage or environmental damage that is first made against the insured and reported to us during the policy period, or as expressly provided for in the extended reporting period, if applicable; or (ii) contamination that caused the insured to incur emergency expense during the policy period. E. Image Restoration Coverage We will reimburse you for image restoration expenses incurred because of contamination or an actual or alleged negligent act, error or omission in the performance of your professional services reported to us during the policy period or as expressly provided for in the extended reporting period, if applicable, and that results in bodily injury, property damage, or environmental damage covered under Insuring Agreements I. A., B., C. or D., as applicable. Reimbursement is limited to the costs of restoring your reputation and consumer confidence through image consulting, is subject to the self-insured retention for the applicable coverage part, and will in no event exceed the amount shown in ITEM 5.- E. in the Declarations. II. DEFINITIONS A. Additional insured means: 1. Any individual, organization or entity scheduled to this policy as an additional insured by an endorsement, but solely for their liability specified in such endorsement; or 2. Solely with regard to Coverage B. — Contracting Operations Environmental Liability, any entity required to be an additional insured under this policy in a written contract or agreement for your contracting operations, provided that such contract or agreement was fully executed prior to the date that your contracting operations first commenced. However such entities are included as an additional insured under this policy solely to the extent: a. That the entity is liable for loss or remediation expense to which this insurance applies as a result of your contracting operations performed by or on behalf of an insured other than the entity; and b. Up to and not exceeding any specified limits of insurance as required by the written contract with you or subject to the applicable Coverage B. Contracting Operations Environmental Liability Coverage Limit of Insurance, whichever is less. The entity is not provided any coverage under this policy for any portion of its own negligence or legal liability. B. Bodily injury means: 1. Physical injury, sickness or disease including associated medical or environmental monitoring; and 2. Mental anguish, emotional distress or shock sustained by any person; Page 3 of 27 c0 2017 Philadelphia Consolidated Holding Corp. Insured: Moss Utilities, LLC PoliCy # CPP2117851 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S GENERAL LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS Pa e 1. Additional Definitions 9 2. A re ate Limits Per Location 7 3. A re ate Limits Per Pro'ect 6 4. Blanket Contractual Liabilit — Railroads 3 5. Broadened Bodil In'ur Covera e 10 6. Broadened Knowled e Of Occurrence 8 7. Broadened Le al Liabilit Covera e For Landlord's Business Personal Pro ert 7 8. Broadened Liabilit Covera e For Dama e To Your Product And Your Work 10 9. Broadened Who Is An Insured 3 10. Co-Employee Bodily Injury Coverage for Managers, Supervisors, Directors or Officers 4 see rovision 9, Broadened Who Is An Insured, ara ra h 2.a. 1 11. Contractual Liabilit — Personal And Advertisin In'ur 3 12. Dama e To Premises Rented To You — S ecific Perils and Increased Limit 7 13. Desi nated Com leted Pro'ects — Amended Limits of Insurance 1 1 14. Extended Notice Of Cancellation And Nonrenewal 8 15. Incidental Mal ractice Liabilit 6 16. Increased Medical Payments Limit 7 17. Mobile E ui ment Redefined 9 18. Nonowned Watercraft 3 19. Product Recall Ex ense 2 20. Pro ert Dama e Liabilit — Alienated Premises 2 21. Pro ert Dama e Liabilit — Elevators And Sidetrack A reements 2 22. Property Damage Liability — Property Loaned To The Insured Or Personal Property In The Care, 2 Custod And Control Of The Insured 23. Reasonable Force — Bodil In'ur or Pro ert Dama e 10 24. Su lementar Pa ments 3 25. Transfer Of Ri hts Blanket Waiver Of Subro ation 8 26. Unintentional Failure To Disclose Hazards 8 Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 1 of 11 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I— COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1. through 6. of this endorsement are excess over any valid and collectible insurance (including any deductible) available to the insured, whether primary, excess or contingent (SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is changed accordingly). Provisions 1. through 6. of this endorsement amend the policy as follows: 1. PROPERTY DAMAGE LIABILITY — ALIENATED PREMISES A. Exclusion j. Damage to Property, subparagraph (2) is deleted. B. The following paragraph is deleted from Exclusion j. Damage to Property; Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. 2. PROPERTY DAMAGE LIABILITY — ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators. B. Exclusion k. Damage to Your ProduCt does not apply to: 1. The use of elevators; or 2. Liability assumed under a sidetrack agreement. 3. PROPERTY DAMAGE LIABILITY — PROPERTY LOANED TO THE INSURED OR PERSONAL PROPERTY IN THE CARE, CUSTODY AND CONTROL OF THE INSURED A. Exclusion j. Damage to Property, paragraphs (3) and (4) are deleted.. B. Coverage under this provision 3. does not apply to "property damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate. 4. PRODUCT RECALL EXPENSE A. Exclusion n. Recall of Products, Work or Impaired Property does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". This exception to the exclusion does not apply to "product recall expenses" resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of "your producY', which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of "your product(s)" that have no known or suspected defect solely because a known or suspected defect in another of "your product(s)" has been found. B. Under SECTION III — LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8. is added: 3. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of: Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 11 CG 70 63 04 17 a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and b. "Product recall expenses". 8. Subject to paragraph 5. above [of the CGL Coverage Form], $25,000 is the most we will pay for all "product recall expenses" arising out of the same defect or deficiency. 5. NONOWNED WATERCRAFT Exclusion g. AirCraft, Auto or WaterCraft, paragraph (2) is deleted and replaced with the following: [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; 6. BLANKET CONTRACTUAL LIABILITY — RAILROADS Under SECTION V— DEFINITIONS, paragraph c. of "Insured ContracY' is deleted and replaced by the following: C. Any easement or license agreement; Under SECTION V— DEFINITIONS, paragraph f.(1) of "Insured ContracY' is deleted. 7. CONTRACTUAL LIABILITY — PERSONAL AND ADVERTISING INJURY Under SECTION I— COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 8. SUPPLEMENTARY PAYMENTS Under SECTION I— SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, paragraph 1.b. is deleted and replaced with the following: 1. b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 9. BROADENED WHO IS AN INSURED SECTION II — WHO IS AN INSURED is deleted and replaced with the following: If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. C. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 3 of 11 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or 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), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insured for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or volunteer worker as a consequence of paragraph (1)(a) above; (C) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in Provision 10. of this endorsement. Paragraphs (1)(a), (1)(b) and (1)(C) above do not apply to your "employees" who are: (i) Managers; (ii) Supervisors; (iii) Directors; or (iv) Officers; with respect to "bodily injury" to a co-"employee". (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. C. Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 11 CG 70 63 04 17 f. Any person or organization, including any manager, owner, lessor, mortgagee, assignee or receiver of premises, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises or land leased to you, including common or public areas about such premises or land if so required in the contract. However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy or lease that premises or land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. g. Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard." h. Any person or organization who is the lessor of equipment leased to you, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person(s) or organization(s) only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No such person or organization, however, is an insured with respect to any "occurrence" that takes place after the equipment lease expires. i. Any architect, engineer, or surveyor engaged by you under a written contract but only with respect to liability arising out of your premises or "your work." However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person only applies to the extent permitted by Subchapter C of the Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No architect, engineer, or surveyor, however, is an insured with respect to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection, or engineering services. This paragraph i. does not apply if a separate Additional Insured endorsement providing liability coverage for architects, engineers, or surveyors engaged by you is attached to the policy. If the written contract or written agreement requires primary and non-contributory coverage, the insurance provided by paragraphs f. through i. above will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain 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 the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 5 of 11 c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Coverage A does not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4. Any person or organization (referred to below as vendor) with whom you agreed under a written contract to provide insurance is an insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; C. Any physical or chemical change in "your producY' made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the "your producY'; g. "Your products" which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This paragraph 4. does not apply to any insured person or organization from which you have acquired "your products", or any ingredient, part, or container, entering into, accompanying or containing "your products". This paragraph 4. also does not apply if a separate Additional Insured endorsement, providing liability coverage for "bodily injury" or "property damage" arising out of "your producY' that is distributed or sold in the regular course of a vendor's business, is attached to the policy. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 10. INCIDENTAL MALPRACTICE LIABILITY As respects provision 9., SECTION II — WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your "employee" does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III — LIMITS OF INSURANCE, provisions 11. through 14. of this endorsement amend the policy as follows: 11. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 11 CG 70 63 04 17 12. AGGREGATE LIMITS PER LOCATION The General Aggregate Limit applies separately to each of your locations, but only when required by written contract or written agreement. As respects this provision 12., your locations are premises you own, rent or use 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. However, your locations do not include any premises where you, or others acting on your behalf, are performing construction operations. 13. INCREASED MEDICAL PAYMENTS LIMITS A. SECTION III — LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all the terms of SECTION III — LIMITS OF INSURANCE and is the greater of: 1. $10,000; or 2. The amount shown in the Declarations for Medical Expense Limit. B. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14. DAMAGE TO PREMISES RENTED TO YOU — SPECIFIC PERILS AND INCREASED LIMIT A. The word fire is changed to "specific perils" where it appears in: 1. The last paragraph of SECTION I— COVERAGE A, paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a"specific peril" or any combination of "specific perils." C. The Damage To Premises Rented To You Limit described in SECTION III — LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit, which is the greater of: 1. $1,000,000; or 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14. does not apply if the Damage To Premises Rented To You Limit of SECTION I— COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. E. "Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 15. BROADENED LEGAL LIABILITY COVERAGE FOR LANDLORD'S BUSINESS PERSONAL PROPERTY Under SECTION I— COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. ExClusions, j. Damage to Property, the first paragraph following paragraph (6) is deleted and replaced with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to a landlord's business personal property that is subject to, or part of, a premises lease or rental agreement with that landlord. The most we will pay for damages under this provision 15. is $10,000. A$250 deductible applies. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 16. through 18. of this endorsement amend the policy as follows: Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 7 of 11 16. BROADENED KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced and paragraphs e. and f. are added as follows: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by your "employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members, "executive officers," directors, or managers has knowledge of the "occurrence" or offense. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by this Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your producY' must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and C. We have issued this policy in reliance upon your representations. We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by this Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 18. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suiY' or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 19. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 11 CG 70 63 04 17 Paragraph 2.b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew a. We may elect not to renew this policy except, that under the provisions of the Texas Insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected official. b. If we elect not to renew this policy, we may do so by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policy will remain in effect until the 61 st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium. C. If notice is mailed, proof of mailing will be sufficient proof of notice. d. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. 20. MOBILE EQUIPMENT REDEFINED Under SECTION V— DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight that are not designed for highway use. 21. ADDITIONAL DEFINITIONS 1. SECTION V— DEFINITIONS, paragraph 4. "Coverage territory" is replaced by the following definition: "Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury," "property damage," or °personal and advertising injury," including "personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a"suit" on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2. SECTION V— DEFINITIONS is amended by the addition of the following definitions: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your producY' has resulted or will result in "bodily injury" or "property damage". "Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of "your product" for: a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; C. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by agents designated by you of persons, other than your regular employees, to perform necessary tasks; e. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate; and g. Disposal of "your products" that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 9 of 11 (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid "bodily injury" or "property damage". 22. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE Under SECTION I— COVERAGE A., paragraph 2. Exclusions, subparagraph a. Expected Or Intended Injury is deleted and replaced with the following: [This insurance does not apply to:] 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. 23. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under SECTION I— COVERAGE A., paragraph 2. Exclusions, exclusion k. Damage to Your Product and exclusion I. Damage to Your Work are deleted and replaced with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage" to "your product" arising out of it or any part of it, except when caused by or resulting from: (1) Fire; (2) Smoke; (3) "Collapse"; or (4) Explosion. For purposes of exclusion k. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard". This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) "Collapse"; or (d) Explosion. For purposes of exclusion I. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 11 CG 70 63 04 17 Subject to 5. above [of the CGL Coverage Form], $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage" to "your product" and "your work" that is caused by fire, smoke, collapse or explosion and is included within the "product-completed operations hazard". This sublimit does not apply to "property damage" to "your work" if the damaged work, or the work out of which the damage arises, was performed on your behalf by a subcontractor. 24. BROADENED BODILY INJURY COVERAGE Under SECTION V— DEFINITIONS, the definition of "bodily injury" is deleted and replaced with the following: 3. "Bodily injury" a. Means physical: (1) Injury; (2) Disability; (3) Sickness; or (4) Disease; sustained by a person, including death resulting from any of these at any time. b. Includes mental: (5) Anguish; (6) Injury; (7) Humiliation; (8) Fright; or (9) Shock; directly resulting from any "bodily injury" described in paragraph 3.a. C. All "bodily injury" described in paragraph 3.b. shall be deemed to have occurred at the time the "bodily injury" described in paragraph 3.a. occurred. 25. DESIGNATED COMPLETED PROJECTS — AMENDED LIMITS OF INSURANCE When a written contract or written agreement between you and another party requires project-specific limits of insurance exceeding the limits of this policy; A. for "bodily injury" or "property damage" that occurs within any policy period for which we provided coverage;and B. for "your work" performed within the "products-completed operation hazard"; and C. for which we previously issued Amendment Of Limits Of Insurance (Designated Project Or Premises) CG 71 94 either during this policy term or a prior policy term; and D. that designated project is now complete; the limits of insurance shown in the CG 71 94 schedule will replace the limits of insurance of this policy for the designated project and will continue to apply for the amount of time the written contract or written agreement requires, subject to the state statute of repose of the project location. These limits are inclusive of and not in addition to the replaced limits. Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 11 of 11 Insured: Moss Utilities, LLC P01.k�Y N��+16���: �Azli�sso COM�4fIEF��4A'� A�MS� �A �� 6� Og 11 �HI� Et+1�R�EME�T �HA�I�E� TN� �OLI�1f_ RLEASE REA� IT �AF��Fl�4l.�+_ �����N,�TE� IN�iJI�E� - PRf�111�►�� �+I�N-��NTF�I�L�T�I�Y ��V��4�l�aE I�,FHE�i i�E���J��� �'� II���J F��� ��NT��1�T �F� �EF�T��I��TE flsis ��c1or5�ylMCnl .mocHfi�� in��rl�n�e pY,�MitIE� 1�A[l�� 1�. 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IrMc. wKF� �[51�rr�ws�n EXCESS LIABILITY XS 233 (0221) XS 233 (0221)Page 1 of 1 Copyright © Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Waiver of Subrogation Endorsement Policy Number: Effective Date: June 21, 2021 at 12:01 A.M. Named Insured: MOSS UTILITIES, LLC This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the declarations page. Please read the endorsement and respective policy(ies) carefully. EXCESS LIABILITY POLICY It is hereby agreed that SECTION IV. CONDITIONS, K. Transfer of Rights of Recovery Against Others to Us is amended to include the following: SCHEDULE Name Of Person(s) Or Organization(s): All as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Policy. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. CXE 03 01 10 17 Copyright, American Alternative Insurance Corporation, 2017 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 2 (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (2) The total of all deductible and self-insured amounts under all that other insurance. Insured: Moss Utilities, LLC Policy # PPK2357042 PIC-EVCP-001 (7/17) 2. The supplemental extended reporting period described herein shall commence upon the day that the automatic extended reporting period terminates. 3. For the purpose of any extended reporting period, any change in premium, self-insured retention, Limits of Insurance or other terms or conditions at renewal is not a refusal to renew. 4. Limits of Insurance available during any extended reporting period shall not exceed the balance of the Limits of Insurance in effect at the time the policy terminated. 5. In the event similar insurance is in force covering any claims first made during the automatic extended reporting period, there is no coverage under this policy. 6. In the event similar insurance is in force covering any claims first made during the supplemental extended reporting period, coverage provided by this policy shall be excess over any such other insurance, including any applicable deductible or self-insured retention amounts of such other insurance. For purposes of this provision, other insurance includes all types of self-insurance, indemnification or other funding arrangement or program that is available to compensate an insured for liability. 7. Any extended reporting period does not extend the policy period. Any claim first made against you during an extended reporting period will be deemed to have been first made during the last day of the policy period. X. GENERAL CONDITIONS A. Subrogation If we pay any amount under this policy, we shall be subrogated to the insured's rights of recovery against any person, firm or organization. The insured shall execute and deliver instruments and papers and do whatever is necessary to secure such rights. The insured shall not waive or prejudice such rights subsequent to when a claim is first made or when the insured discovers contamination. Any recovery as a result of a subrogation proceeding arising out of payment of a professional loss, loss or remediation expense covered under this insurance shall accrue first to you to the extent of any payments in excess of the Limits of Insurance; then 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 will 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. Notwithstanding the foregoing, we hereby waive our right of subrogation against your client and any entity where required by written contract provided that such contract is fully executed prior to the first commencement of contamination or prior to the rendering or failure to render your professional services, as applicable to which this insurance applies. B. Changes Notwithstanding anything to the contrary, no provision of this policy may be amended, waived or otherwise changed except by endorsement issued by us to form part of this policy. C. Action Against Us No person or organization has a right under this insurance: Page 23 of 27 c0 2017 Philadelphia Consolidated Holding Corp. Insured: Moss Utilities, LLC PoliCy #PPK2357042 PIC-EVCP-001 (7/17) 1. The statements in the Declarations, your application, and any other supplemental information thereto are complete and accurate; 2. The statements in your application and any other supplementary information thereto are your representations and warranties and that those representations and warranties are material; 3. This policy is issued in reliance upon the truth and accuracy of such representations and warranties; 4. The statements in your application and any other supplemental information thereto are incorporated into this policy. This policy embodies all existing agreements between you and us relating to this insurance; 5. Breach of those representations or warranties will result, at our election, forfeiture of coverage for any claim reported to us under the policy, or voiding of the policy from inception. H. Otherinsurance If other valid and collectible insurance is available to the insured for coverage granted under this policy, our obligations are limited as follows: 1. This insurance is primary, and our obligations are not affected unless any other insurance is also primary. In that case, we will share with all such other insurance by the method described in Paragraph 2. below, or this insurance will be primary and non-contributory when Paragraph 3. below applies; and 2. If all of the other insurance permits contribution by equal shares, we will also follow this method. In this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. In contribution by limits, each insurer's share is based upon the ratio its applicable limit of insurance bears to the total applicable limits of insurance of all insurers. 3. This insurance is primary and non-contributory with other valid and collectible insurance, but only if: (i) the named insured has a written contract or agreement requiring this insurance to be primary and non-contributory; and (ii) such contract or agreement was executed prior to the date that your contracting operations or your professional services, as applicable first commenced. For purposes of this provision, other insurance includes all types of self-insurance, indemnification or other funding arrangement or program that is available to compensate an insured for liability. I. Headings The descriptions in the headings of this policy and any endorsements attached hereto are solely for convenience, and form no part of the terms and conditions of coverage. J. Consent Where consent by us or an insured is required under this policy, such consent shall not be unreasonably withheld, delayed, conditioned or denied. Page 25 of 27 c0 2017 Philadelphia Consolidated Holding Corp. Insured: Moss Utilities, LLC PoliCy # 8E-A7-XL-0002016-00 COMMERCIAL EXCESS LIABILITY CXE 03 25 10 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE Name Of Person�s) Or Organization�s): Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to Section III — Conditions: Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. However, we waive any right of recovery we may have against the person(s) or organization(s) shown in the Schedule above because of payments we make for "injury or damage" that the insured is legally obligated to pay as damages, only if and to the extent: (1) The insured agreed to waive such rights under a written contract with the person(s) or organization(s) shown in the Schedule above prior to the "event", and only for the liability specified within such contract; and (2) The valid and applicable "controlling underlying insurance" providing coverage for the same "injury or damage" exists or would have existed but for the exhaustion of the limits of "controlling underlying insurance", has also waived their such rights of recovery against the person(s) or organization(s) shown in the Schedule above prior to the "event". CXE 03 25 10 17 Copyright, American Alternative Insurance Corporation, 2017 Page 1 of 1 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. XS 373 (0219)Page 1 of 1 Copyright © Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Other Insurance Primary and Noncontributory for Additional Insured Amendatory Endorsement Policy Number: Effective Date: Named Insured: This endorsement modifies insurance provided under the following: EXCESS LIABILITY POLICY It is hereby agreed that SECTION IV. CONDITIONS,I. Other Insurance is deleted in its entirety and replaced by the following: I. Other Insurance If other insurance applies to Ultimate Net Loss that is also covered by this Policy, this Policy will apply excess of, and will not contribute to, the other insurance. Nothing herein will be construed to make this Policy subject to the terms, conditions and limitations of such other insurance. However, other insurance does not include: 1. Underlying Insurance; 2. Insurance that is specifically written as excess over this Policy; or 3. Insurance held by a person(s) or organization(s) qualifying as an additional insured in Underlying Insurance, but only when the written contract or agreement that mandates such additional insured status: a.Requires a specific limit of insurance that is in excess of the Underlying Limits of Insurance; b.Requires that your insurance be primary and not contribute with that of the additional insured; and c.Is executed prior to the loss. In such case as described in subparagraph 3.above, we shall not seek contribution from the additional insureds primary or excess insurance for which they are a named insured for amounts payable under this insurance. The Limits of Insurance afforded the additional insured pursuant to subparagraph 3.above shall be the lesser of the following: a.The minimum limits of insurance required in the contract or agreement; or b.The Limits of Insurance shown in the Declarations of this Policy. Other insurance includes any type of self-insurance or other mechanism by which an Insured arranges for the funding of legal liabilities. All other terms and conditions of this Policy remain unchanged. COMMERCIAL EXCESS LIABILITY CXE 03 01 10 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CXE 03 01 10 17 Copyright, American Alternative Insurance Corporation, 2017 Page 1 of 2 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. PRIMARY AND NONCONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE Name of Designated Additional Insured Person(s) Or Organizations: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Paragraph 8. Other Insurance of Section III – Conditions is deleted and replaced by the following: 8. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. However: (1) This condition will not apply to other insurance specifically written as excess over this Coverage Part. (2) The insurance provided under this Coverage Part will be on a primary basis and will not seek contribution from any other insurance available to an additional insured, provided that: (a) The additional insured is a Named Insured under such other insurance; (b) The additional insured is specifically listed in the Schedule above and for whom coverage is provided in this policy under Paragraph 1.d. Insuring Agreement of Section I – Coverages; (c) You have agreed in writing in a contract or agreement with such designated additional insured listed in the Schedule to provide additional insured coverage on a primary and noncontributory basis; and (d) Only if the applicable "controlling underlying insurance" also provides such coverage and on a primary and noncontributory basis specifically for such designated additional insured listed in the Schedule, and only once the applicable limits of "controlling underlying insurance" have been exhausted in the payment of judgments, settlements and other expenses as applicable. Subject to Section II – Limits Of Insurance, the most we will pay on behalf of such additional insured is the amount of insurance required by the contract or agreement for the coverage afforded under this policy, or the available Limits of Insurance afforded under this policy that are applicable, whichever is less. When this insurance is excess, we will have no duty to defend the insured or designated additional insured against any suit if any other insurer has a duty to defend the insured or designated additional insured against that suit. If no other insurer defends, we may undertake to do so, but we will be entitled to the insured's or designated additional insured’s rights against all those other insurers. b. When this insurance is excess over the other insurance, we will pay only our share of the "ultimate net loss" that exceeds the sum of: Insured: Moss Utilities, LLC Policy #8E-A7-XL-0002016-00 CXE 03 01 10 17 Copyright, American Alternative Insurance Corporation, 2017 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 2 (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (2) The total of all deductible and self-insured amounts under all that other insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) 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. L 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: Al1 Texas Operations 3. Premium The premium charge for this endorsement shall be 2 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 WC 42 03 04 B (Ed. 6-14) 1of2 �' Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. WC 42 03 04 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed. 6-14) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy Effective 6/21/21 State Policy No. wcaii�ssz Insured Moss utiiities, LLC Insurance Company Amerisure Insurance Co. WC 42 03 04 B (Ed. 6-14) Endorsement No. Premium Countersigned by 2 of 2 � Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US Number of Days Notice For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name of Person or Organization Mailing Address IL 70 45 05 07 Insured: Moss Utilities, LLC PoliCy #CPP2117851 & CA2117850 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - THIRD PARTY This endorsement modifies insurance provided underthe following: AUTO DEALERS COVERAGE FORM BU51NE55AUT0 COVERAGE FORM BU51NE55AUT0 PHY5ICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGECOVERAGEFORM MOTOR CARRIER COVERAGE FORM PRODUCT5ICOMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM 5ubject to the cancellation provisions of the Coverage Form to which this endorsement is attached, we will not: 1. Cancel; 2. Nonrenew; or, 3. Materially change (reduce or restrict) this Coverage Form, except for nonpayment of premium, until we provide at least 6 o days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. 5uch notice will be by certified mail with return receipt requested. This notification of cancellation, nanrenewal or material change to the person or organiaation named in the Schedule is intended as a courtesy only. Our failure to provide such notification will not: 1. Extend any Coverage Form cancellation date; 2. Negate the cancellation as to any insured or any certificate holder; 3. Provide any additional insurance that would not have been provided in the absence of this endorsement; or 4. Impose liability of any kind upon us. This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or protection underthis Coverage Form. SCHEDULE Name Of Persan Or Organization Mailing Address Any person or organization holding a certificate of insurance issued The address shown for that person or organization in for you, provided the certificate: that certificate of insurance 1. Refers to this policy; 2. 5tates that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in efFect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy IL70660714 Bo�d �iva�be�r: G5B59oQ��2 CDNSTRUCTY�N SOND � .q M w �v � � a �'' in �` � E �. E a u° �' � � � � �, 0 ,v ri � b ], � 0 z STATF. QF T�',�A� COLTNTY OF TAIiRANT �NOW ALL MEN BY TH�;S� PRESENTS: '7'HA"I' we, Moss Utilities. LLG of Irvinq___ ,Texas, as Principal, and The Grav Insurance Companv as Surety, wltiase address is P.O. 8ax 8202, Metairle, LA 6202 , Are held and firmly hound unta the Cc�uniy �7PT�rrant, State ofTexas, as Obligee, tilC011�Il 1tS �'•4llilt}�.IL1d�Ca ar his successor in office, in thc su��� of One hundred sixty six thousand three hundred farry #wo $, 50l9 OQ Dollars {$ 166,342.50 ),for khe psymcnt of which well and truly be made, we biz�d ou�•set�es, and eacM of us, our heirs execut[�rs, administrators, successors and assigns, _jointly ar�d severally, by thcsc presents. W�[EREAS, the said Principal desires to sub-diWidc and plat a ecrtain tract n�` land located nut�ide #he limits of an incorporatcd city or town in Tarr�ini County, Texas, said subdivisian to be known as Hampton..Villas marc Fiilly described a5 Lflt 1-18 &19X•20X, Block A; Lots �-19 & 2qX, Black B; Hampkon Villas, an Addition to Tarrant County, Texss, Being ��nd 11,602 acrqs 4ut of khe J, Armendaris 5unrey, Abstrack No 1767 'l�V�-IER�AS, thc said Principal is required hy Sectic�n I,. I of ik�e Tarranl C'ounty Su6divisiorr crnd Land �l.�e Regarlulivn,s tc7 iile a bo�3d with the Ta►•rant County Commissioncrs Court in tltie amount of 10U% of thc cstimatcd canstructian cost of constructing ihe r�aads and streets in and drai«age reqi�irements for any suUdiviSion sought to be platted by tl�e Pri��cip�l. NOW, THFRF�'QRF, THE CQNDITIONS OF TEIIS OBLIGAT[ON 11R� SLIC'H that the Principal, who awna the tract of Land to bc subdividcd under the name of Ham�t�n Vill�s , must consirL�ci the roads s�a�d streeis i�i and the drainage requircrncnts for sucf� subdi�isian in accordanc� with the specifications containcd in thc `1'arrarrl C.c}unty ,Suhdiv�,srr,n und I crrrcl Use �2eg:datiorrs. `f'his bond shall remain in lull f«rc:e and in effect unti� al[ the raads and streets ifl a»d the draina�c rcquircments fnr st�ck} suhdivisian ha�c 6ccn cofls#s•uctcd and completcd hy the Principal and a�►pr�ved E�y thc Tarrant �c7uniy Service� l�ep�rkmenk, a�nd �►z�ti! this Construction Bond has b�en ralcas�d by a Caurt Urder trnm thc TAE•rant Caunty C:ommissiancrs Caurt. Nn rig}�t pf actio;n shaEl �accrue on khis bonc� to or far thc furi�rc t�sc of any person or corporation atl�er than t�ie Commissioners Gourt herein namcd or succes5ors p[`Cr�mmis�ionerw Gouri. WITNLSS W1IL;Rf3Ul�, thc Principal and Surety have hereuntca sat tl�eir I�ar�ds and seals this ���° c.�f December , 20 21 . CII'AL i ities LLC ;ss: 330 Rack Islanc Irvin�}, TX 75060 SURETY The Gra I sura e Cflm n �� . $y: ��� 'r' .,{' �—,� AC�C�rC 5: Michael D. FEendrickaon, Aitorrtey-i�-�'act P.O.Box 6202 _ Metairie, LA 70009-6202 Il3TX Ri.tik Scrviccs 12119/2n2] 13:51 94G3�Gutt3532 '1'HE GRAY IIVSURANCE L'OMPANY THE CEtAY CASUALTY & SU�tE�rY can�rr�Nv GENERAL POWEIt O�' A'f7'ORIVEY Eohd Num6er: G5�35900042 Fri�,cipal: Mass iJtilities, LLC l'rajeci: F��mptnn Villa;; - Ilrainagc KNOW ALL BY T'��IES� Y12L.5E:NT5, `CHAT Thc C'�ray insurai�ce Campany And'ihc Gray Casualty & SurcEy Campany, corparations duly organized tsnd existing unde:r thc ]tsws uf Loui:�iana, and having their principAl offiuus in Mctairie, Lauisiana, do licrehy a�ake, COriSflSule, and �ppoint Patricia Ann Lyttic, IYtichaol U. Hendricicxnn, 8yran IC. Moorc, Bctty J'. Ncch, Llizabeth []rtiz, An� Ton,�os, Andrew Addisan, :►nd �'atrick Coylc af San Anto�tiio, 7'cxas joisttly a��d teverally on behalf of e�tch oFthe Companies namcd xhcrvc i!r true a�id law�'ul Atrortiey(s)-in- Fact, #o m�lce, execute, se��l ��nd dcli�er, for an�i on itw bchalf and as its deed, �ronds, a• other writings ubligdtury in thc nature of a bond, as surcty, cantracts of suretyship as are or may bc re�uitcd ur permittcd I7y law, re�ulation, cantract or athcrwiKc, providcd that nn hnnd vr undertaking or cnntract of suretyship exeeuted under this authurity ehall cxcccd thc amount of $10,000,000.00. This Powcr af Attorney is grantcd and i:; �igncd by f'acsirni]e under and by the authority uF thc t�ollowing Resolutions adopted hy thc Soard� nf C7irectars of botlt 'I'he Gray lnyurancc C.umpany and Tl�e Gray C�fsualty & Surciy C;ump�ny �t mcctingti duly called and held on thc 2b91i day uf J'unc, 2U47. "R�SULVLU, thut thc Presidcnt, Rxccutivc Vicc Presidant, any Viec Fresidcn�, ur thc '�ccrctary hc and oach or any of tlie�n hcrcby is authuriicd to CxCCutC tl �luwCY bl`A(tumcy quslitping tllp attornoy n,lmcd ic� thc givcn f'awcr ofAttorncy to cxccukc nn bchalf of thc Company bonds, undcriaking�, and ull conlracts uf surcty, and tl�at each ar ar�y of thcm is hcrc6y authori.cd to aticst to tkze executiou af such Puwcr oi' Aunrncy, an[k tc� rittaclf the sc;�l uf thc (:umpany; ,md it iti FLIRT}IF.R RF.SC]f..VHf3, that the signattir� of such ufficcrs and thc scal af thc Cnmpaoy rns�y bo flFfixcd to vny such Powcr of` Attnrn4y or to any ccrti��cake relating thereto k�y facssmile, aud flny such Pow�r ui' Attnrney or ceriificate 6eariu� sueh fncsimilc signxturc nr f;�caimilc seal shall be hindin� upqn kl�e Company now tsnd it1 1he fuhir� whcn tin affixcd with regard to ar�y 4ond, undcrsaking ur conlract uf wurcty trr whicli it is attached, IN WITNESS W1IEILE41�, "I'he C;ray lnuur�ncc Csrmpany anci The Gray C�sttalty & Surcty C:ompuny havc cauticd their official seals to be hurcintu aftixed, and thcse prasents tv be signed l�y their autltori�cct ol`liccrs this 1��}' day of'Se�tcmber, 2011. �gtlRAk[+ ; S EIIL � �y: � �* r ��� Michael T. Grxy Presidcnt, 7'he C�r�y ]n�urance Campany and Vicc Presidcnt, T}lC CiCAy CBSUF�IIy 8c Surcty C'.nmpany ��� L� �*`Y�•� 8G� ����l; y~� � Attcs�; Mark 5, Manguno � SEAL Secret�ry, �: Y ` The C;ray LG�surance Coutpany, '` � ,r '1'hc C�ray C:asua]ty & Surety Company Statc oFLouisiana S5: Pari«th uFJ�i�fcrsun Un this 12��' Jay uf Scpicmhcr, 201 l, hefi7re �ne, a Notary Public, persunally appcarcd Michael T, Gray, Pt'esiden� of Tk�� firt�y Insurancc {.',omPany sttd Vicc Prcwidcnl c�f"Chc (�ruy C�Sualty c4c Surcry Company, nnd Mnrk 5. Mangun❑, 5ccrctary of The Gray [nsurac�ac Company and Thc C;ray C:aSual[y & Stucty Comp�ny, �rcru��s�ally knowti ro sno, $cing dtlly sworn, t�ckntswlcd�;cd that thcy signed the �shovc Powcr of Atlorncy and HfGxc:r1 �hc sca�ti c�f ihc comp�nicw as c�f�(icers of, and acknowled�cd said inslrumcnt tn hc tho volu��ttlry act and deed, of [hc:ir companics, v�n�� �w �s►* 8 � YJ�t''�i b v ��k * ��f p��, ,F*r '�•° ��: �°��,',� � Lisa S. Millar, Notary Yublic, Nari�h nf []rlea��s State af Louisiana 1VZy Commissian is for Lifc y, Mark 5. Manbuno, 5ccrciary af The (;ray insurance Compflny �nd 'C'h� Gray {:xsu�lty & 5urety Company, da horcby ocrtify thdt thc ahnvc and forgoing i� a truc and currcc� cnpy af a�'ower of Attarney given by thc eampanics, which is still h fi�il force and effcet, i1V W1TNC55 WHERL�[7F, I Itiavc wct n�y hand and trffixcd thc seals uf thc L'ompanics, thi�; f f7�ay of 1}ec�m}74r , 2421 . r� �"�9 u'�• � ^'e ; SEliL �� .� �y�bK... a �(i fi � r RT� a SEAL m � �� � .* ������ Mark 5. Man�unn, Sccrctary Thc C7ray Insiu•ance Cnm�a�7y The Gray Casualty & Sureky Company i �; E�. � \ y/ ���� ��1 9� 7 ! Th� Gray Insurance Campany The Gray Casualty & Surety Company Statu#ory Camplaint Notite To ob#ain in�ormation or to make a c�mplaint: Yau may contact the Surety via telephane for information or to makE a complaint at: I-504.- i54-6711. Yau may als� write to the Surety a�: Gray 5urety �`.0. 8ox 620Z Metairie, LA 7Q009-6202 You may also contaGt the Texas Department of Insurance to obtain information on companiss, co�erage, rights or complaints at 3-500-252-3439, You may write ta the Texas Department of Insurance at: F'.Q, Box �49104 Austin, TX 78714-9104 Fax: 512-475-1771 PREMIUM OR CLAIM �ISPIJTES: Should you have a dis�ute can�erning your premium or a�aut a claim, yau shauld cantact t�e Surety first. If the dispute is not resolved, you may cantact the Texas Deparkmcnt 4f Insurance. ATTACH TH15 N�TICE TD YDUR POLICY: This natic� is for information only and does not 6ecame part of canditiar� of ti�e attached dacument. This notice is written under a complete res�rvation of rights. Nothing herein shall be deemed ta be an estoppel, wai�er or modificatian af any of Gray's rights or defenses, and Gray hereby reserves all of its rights and dcfcn�es under any general agreement of indemnity, contract�, agreements, bands, or applica�ale law. PAVING (JACKSON CONSTRUCTION, LTD.) 00 42 43 DAP-BIDPROPOSAL Page 1 of 2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM CITY OF FORT W ORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fortn Version May 22, 2019 00 42 43 Bid Proposal_Jacksoaxls UNIT PRICE BID Bidder's Application 00 42 43 DAP-BIDPROPOSAL Page 2 of 2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value UNIT IV: PAVI Bid Total Construction This Bid is submitted by the entity named below: BIDDER: Jackson Construction, Ltd. 5112 Sun Valley Drive Fort Wort6, T'X 76119 Contractor agrees to camplete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: � � TITLE: � oy L. cks gn DATE: ("residerrt �' working days after the date when the END OF SECTION CTTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_Jackson.xls OUdS IZ nAP I'it�.(2l;ALIHICA�[�i(7N STA'I-EA�IENT P�ige 1 ui' 1 s�cTio�r aa as i2 DAP — �'I�QUALIFICf1T[ON S"T'ATEMENT Each Bicider is rec�uired to complete the info�•mation below by identifying the p��equalitied cont►•actors ancilor subcontractors whom they i�tte��d ta utilize for the majo�' wnr�< type(s) listed. In thc "Major Worlc Type" box pi•ovide the co�npiete �rra.jar woi'k ty�e and actual desceiption as provicied �y tl-►e W�tei• Uepartment for water and sewer and TPW fo�• paving. Major Worlc Type Cont1•actor/SubcontracCor Com�any Name PrequaliCcation EY ii•atio►i Date Wastewater Mains {all sizes) for .lacksoil Constructio�l, Ltd 04-30-2022 New Development, Rel�abilitation, anc� Redevelapmeni using 4pen Cut anc3 TreE�chless construction methods Water Mains (all sizes} For New .Tacksor� Const��tiction, �,td 04-3O-2Q22 Developmertit, Rehabilitation, and [Zedeve[opment using Opei� Cut ar�d Trenci�less construction metl�ods AsphaEt I'aveme�it Jacksou Co3�struction, Ltd. 04-01-2022 Construction/Raconstruction Concrete Pavement Jackson Constr��ction, Ltd. 02-01-2023 Cor�strtiction/Recan struction The unde�•sigi�ed hereby cei�tifies that the contractors andlor s�ibconh•actors describeci in tite table above are currently pE�equalified foj� tl�e wai•k lypes listed. BIDDER: Jackson Consh�uction, Ltd 51 i 2 Sun Valley Drive Fort Warth, "I'X 76119 BY: Troy L. Jackson �P� /G- c�i�- � (S' nature) TiTLE: President DAT�; �ND OT S�CTION Clil' OF FORT WORTH STAN�pftD CONSTRUCTI4N PREqUpLIFICATION STATEMENT--�EUELOPEft AWAR�E� PROIECTS Farm Version Septemher i, 2015 00 4� 2b - 1 CONTRACTOEt COMPLIA�CG WI'CE L WORKER'S COM['ENSA770N LAW Page I of' ] 2 3 4 5 6 7 8 9 ]0 ]1 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 34 s�cTioN ao �� Zb r�����e�:��:z�r�rrr:�����r:���►r��c��;K�► i����y:r�Dl��w:�►��� P��rsuant to Texas Labor Code Section 406.096(a}, as ainended, Contt•acto�• ce��tifies that it provides worlce►•'s comp�izsation i��sui�aE�ce cove��age for ali of its emp[oyees emplc�yed o» Citv P��o�ect No. l0I 804. Contractor fui-t11e�� certifies that, p�Ersuani to Texas Labor Code, SectioE� 4Qb,p96(b}, as ame��decE, it will pi•ovide to City its subcoE�t►•actor's cci�tificates of complia�ice witil worlcer's compensation coverage. COlVT1tACTOi�: Jackson Construckion, Ltc�. By: �roy L. Jackson Cc�mpany (Please �'rint} �-,���_ 5112 Sun Vallev D�•ive Signature: / �� Address President Fort Wa��tl�, TX 76i 19 Title: City/State/Zip (Piease Pri��t) THE STATE OP TEXAS COUNTY OF TARRANT � � BEFOIZE ME, tl�e undersigned autllarity, oi� this day personally appeared �'p11► LF��{;�(�j'� , known to rrje to be the person whose name is subscribed to�f ze foi•egoing instr�unent, a��d ack��awledged ta me t�iat Ife/she executed the same as the act a��d deeci af Presideni for the purposes and cansidera�ion therein ex��•essed and ii7 tl�e capacity thereirt stated. GIV ,N LJND�R MY HAND AND SCAL OF OFFICE ti�is I LL� day of -C , 2021. �!�M'�-'4� IVicoie McColium � � (� �1 �%' �� Ally Commsssion Expites �� �� iotsofzoz2 ota�y Pu61ic in and for tl�e State of Texas `��;.��+ io No. izsssasae �Nll OF S�CTION CC{Y Oi' f'OR7' WOK7'1[ ST�1A]DnRD GONSTRUCTtp3V SPEC[FICATlO�f Dt}CUMENTS Re�ised Apri] 2, 2014 Huur�far Iillcrs Cifj� Projcct No. 10180! ao �z �3 - � Dcvcloper Asv�u-ded Projcct 11g��eemcnt l'age 1 of�l 2 SECTION 00 52 43 AGREEMENT 3 T�iiS AGR��NIEl�T, auti�orizec! on is made by and betweei� the Devcloper, 4 Bi�idge Tower Homes, LLC, authorized to da business in Tex�s ("Developer") , and Jacl<son 5 Constr«ctio�l, Ltcl., authorized to do business in Texas, ac#ing by and tl�rough its duly authorized 6 representative, {"Coniractor"}, 7 Developer a��d Contractor, in coi�sideration of the mutual coveiza��ts 1�ereinaFter set forth, agree as S fallows: 9 A�•ticle 1. WORK ]0 11 12 13 14 IS 16 l7 18 19 20 Contractar shall conlplete alf Worlc as specified o�� indicated in the Coi�tract Doc�nne�its for the P��oject identified her•cin. Articl� 2. PROJTCT Tl�e project For whic� the Wor]< under tlie Contract Docuinents may be tl�c who[e o�� only a�art is gei�erally described as follows; Hamnton Villas Ci Pro'ect No. 10180� Article 3. COI�TTRACT 1'IME 3.1 Time is of tl�e esser�ce. A�l time limits for Milestones, if any, and Fii�al Acceptance as stated in the Cai�tract Doeumenks are of the essence to tl�is Coilti�act. 21 3.2 Final Acceptance, 22 The War•!c will be com�lete %r Pinal AcceptaEice within 25 worEcing clays after tl�e date 23 when ihe Contract Time commences to run as provided irt� PaE•agrapl� 12.04 of tl�e Standard 24 City Conditions of the Construction Contract for Developer Aw�rded Projecls. 25 33 Li�uidated daE�lages 26 27 2$ 29 30 31 32 33 3� 35 36 Contracto�� recognizes that time is of the essence of this Agi•eement and that Developer will s€tffer fina2�cial ioss if the Wo►'k is not completed within the ti�es s�ecified in Pai�agt�apl� 3.2 above, plus any extension thereof allowed in accordance with A�•ticle l0 of the Standa��d City Conditio�ls of t�ie Constructian Contract for Devejoper Awa��ded P�'ojects. 1'he Contractor also �-ecognizes tEze delays, eYpense and difficulties invol�ed i►� proving iu a legal proceeding the actuai loss suffeE�ed by the Developer if the Work is not co�npieted on time. Accordii�gly, insteac� of rec��kiring any sucl� pj•oof, Coi�ti•aciat• agi'ees tl�at as liq�idated damages for deEay (but no� as a penalty}, Cont►�actor shal{ pay Deve]oper Tl�ree Hui�dred Dol[ars ($300.00) fo�• eacli day that ex�Eres after the time specified in Paragraph 3.2 for Pii�a1 Acceptance until the City issues tlle Fina] Letter of Acceptance. CITY OF FOR"l' WOR"1'1{ STANDARD CONSTRUCTION SPECIFICATION DOCUM�NTS — DEVELOPER AWARDED PROJECTS Revised Jt�ne 16,20i6 Hanipton Villas City Project No. 101804 onsaa3-z Dcvc[oper Ativt�rde� Prc�jecl tlgrccntent Yage 2 oFd �7 AI'fIC�� �. ���iTR�i�' P��� 3R Developer agrees to pay Conta�actor for per#orma��ce of the Work in accordance with the Co»��-act 39 Documents a�i amount i�i c�u�rent funds of THREE HUNDRED SEVENTY THOUS1IND El[J1-IT 4d HUNDR�D SEVGNTY NIN� AND 25/100 DOLLARS ($370,879.25}. 41 Article 5. CON`I'RACT DOCUIV��N'L'S 42 5.1 CONTENTS: 43 A. Tlle Contract Uoc«mei�ts wl�iclz comprise lhe entire ag�-eement E�eiweeEti De�elope�� and 44 Conh•actor concer�ling the Worl< consist o�lhe f'ollowina: 45 ] . 'l'his Agreement. �4G 47 48 49 S� 51 52 53 54 55 56 57 S8 S9 60 2. Attac�ments to this Agreement: a. Bid Form (As provided by Developei�) 1) Propasa! Form (DAP Version} 2) Prequalifcation Stateinent 3) State anc� �ederal t�ocuments (pj�ojectsl�ecrfrc) b. Insurai�ce ACORD Form(s) e. Payment Bont� (D/1P Version} d. Perfal•mance Bond {DAP Ve�•sion) e. Maintenance Bond (DAP Version) f. Power of Attorney for the Bonc{s g. Wor!<er's Compensation Affic�avit h. MBE andlor SBC Commitjne��t Form (If rec�ui��ed) 3. Standa�•d City Genei•al Conditions of the COI1Si1'LIC�IOil Coniract for• Developer Awaa-ded Projects. 4. Supplemei�taiy Conditions. 61 5. Specifications specificaily inade a pa��t of the Conh�act Documents by attachment 62 or, �f not attached, as incorporated by ��efe��ence and dcscribed in tl-►e Table of 63 Contents of the Project's Contract llocu�ncnts. 64 6. Drawings. 65 7. Addenda, 66 67 68 69 70 71 72 73 74 8. Doc«mentation subinitted by Co�ltractor prior to Notice of Award. 9. The followhig whicl� may be delivered Oi' {SSL1eCI after tl�e Effective Date o�' the Agrcemcnt and, if issued, become an incoiporated part of the Cont��act Docuineists: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Lettei• oF Fi3�ai Acceptar►ce. Cl"CY OF PORT WORT]-[ STANDARD CO3�lS'CRUC7'lON SPECIFICAT[QN DOCUMENTS — D�VELQPER AWARDED Pi�O]ECTS Revised June 16,20i6 Hampton Villas City Projeci No. 101804 oas2�+3-3 Develaper A�vxrded I'rojecl Agrecmen! Page 1 af�4 75 Article 6. INllEP/Il`1IFICATI01\1 76 77 78 79 80 81 82 83 8�3 85 86 87 88 $9 90 91 92 43 94 95 96 6.1 Conh�actor covenants and agrecs to indemnify, hold haE�mless and defend, at its own expense, thc city, its office�•s, se�van#s and employees, ft•om anci against any aric€ all claims arising oF�t of, or alleged to arise out of, the worlc anci services to be pe�•�ormed by tla� coaafractoR•, its of�cer•s, agents, emnloyees, subconh•actors, Iicenses or invitees under �liis contract. This indemnification provision is speciiically 'rntended to onQrate ar�d be effective eve� i� it is al[eeec� oE• [�roven that all or some of ilie dama�es bein� sou�ht ►ve��e c�u�ed� tn �v1�ol_e or iu part, bv any act, omission or ne�ligence og thc city. Tlfis inde��nity p�•ovisAor� is inte��ded to inchu�e, ��ifho��t lir�itation, indemnity foe• costs, ex�enses an�i iegal �'ees iucui•red Uy tl�e city i�� defenciing against §uch claims and causes ai' aciiaEi�. 6.2 Contractor covenants and agrees to inc�ern��iFy an[l lio�d harniless, at its o�va� e�pense, fEie city, its of�icers, servan�s and employees, from and against aEiy and all loss, damage c�r destr�ictioq of prope��ty of tk�e cify, arising out of, or alleged to arise o�it af, the worl� a»d gervices to Ue pe�•for�ned by the contractor, it� ofiiccrs, agents, employees, sul�cont�•actors, liceiasees oa• invitees uncler this contract. Th�s inclen�nificaiion nrovision is specificall,y intencied to operate and be effective even if it is alle�ecl or [�roven that all or some of the dama�es bein� sou�ht were causec�, in wl�ole or in part, by an� aci, o�nissia�k or ne�li�ence of the citv. Article 7. MISCELLANTOU� 97 7.1 Terms. 98 Te���ns �sed in this Agreeme��t aee defined irr Article I of the Sta��dard City Conditions of 99 th� Consti•uction Cont�•act for• Developer Awa�•ded Projects. 100 7.2 Assignn�ent of Contract. 101 This Agreeinent, including al� of the Co�3t�•act Docui�ients may �lot be assigned by the ] 02 Contractnr without ihe advanced express written consent of the DeveEo�er. ]03 7.3 Successors a��d nssigns. 104 De�eloper ancE Contractor eac�� bi��ds itself, ifs pai-t��ers, successors, assigns and [egal ] OS rt•ept•esentatives to the othei• parEy hereEo, in respect to al] covenants, agreeme�ats ar�d 1 U6 Obll�Tc3ElOt15 CO11Caille(i 113 tE12 COIllI'c3C� DOCl1ITleriLS. 107 7.4 Severability. ] �8 Any provision o�� part of lhe Conkract Docu�nents heid to be unconstitutional, void or i09 unenforceabke by a caurt of competent j�u�isdiction shall be deemed st��icken, and all I10 remaini��g pi•ovisio«s shail continue to be valid ai�d binding ��poi� D�,VELOPER a��d 11 i CONTRACTOR. I�2 7.5 Governing Law and Venue. 113 This Agreeme�lt, i�cluding all of the Contract Documents is perfor�nable in the Sta�e of 114 Texas. Venue sl�ali be Tarrant County, Texas, oe the United States District Court for the 115 Northern District of Texas, Fo��E Woi�h Division. G`fY Ol� 1�01t7' WO1t771 �TANDARD CONS"1'RUCTION SPECf�'ICATION DOCiJMENTS — DEVELOPER AWAftD�D PROJECTS Revised June l6, 201b Hamptnn Vi[las City Project No. I OI Sfl4 (i0 52 43 - 4 Develaper Awarded Projeat Agreement Page 4 oF4 116 117 7.6 Authority to Sign. 118 119 120 121 122 123 I24 125 Contractor shall attach evidence af authority to sign Agreecx�eat, if other than duiy authorized signatory of the Contractor. IN W�TNESS WHER�O�`, Developer and Contractor have �xecuted this Agre�ment in multiple counterparts. This Agreem�nt is effective as of tl�e last date signed by the Parties ("�ffective Date"). Con#raetor: Deveioper: Jackson Construction, �,td. Bridge Tower Homes, LLC r-.,...^�-� � ' C' ,..����.�_ _ _ -. -.-.�. B B -��:.,�--.�� (Sig ture) i a �) T�oy L. Jackson ��r C� _ �.. (Printed Name) Tl���: ��esident Company Name: Jackson Cons�ruction, Ltd. Address: 51 i2 Sun VaIley Drive City/State/Zip: Fart Worth, TX 763 i4 Date 126 { rinted Narne) Title: Company name: Bridge Tower Homes, LLC Address: 12801 N. Central Expressway, Ste. 1675 City/State/Zi : D 1[as, TX 75243 � �� � Date CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVEI.,�PER AWARDED PROJECTS Revised June 16, 2016 Hampton ViIlas City Projeet No. I01$04 00 61 25 - 1 CERTIFICATE OF INSURANCE Page 1 of 1 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101804 Revised July 1, 2011 SECTION 00 61 25 1 CERTIFICATE OF INSURANCE 2 3 4 5 6 7 8 9 10 11 12 13 14 SEE NEXT PAGE FOR CONTRACTOR COI 15 16 17 18 19 20 21 22 23 3 66892767 | 21-22 GL/Auto/WC/$10mil Umb/Equip | Krista Aburrow | 2/24/2022 12:33:12 PM (CST) | Page 3 of 11 66892767 | 21-22 GL/Auto/WC/$10mil Umb/Equip | Krista Aburrow | 2/24/2022 12:33:12 PM (CST) | Page 4 of 11 66892767 | 21-22 GL/Auto/WC/$10mil Umb/Equip | Krista Aburrow | 2/24/2022 12:33:12 PM (CST) | Page 5 of 11 66892767 | 21-22 GL/Auto/WC/$10mil Umb/Equip | Krista Aburrow | 2/24/2022 12:33:12 PM (CST) | Page 6 of 11 66892767 | 21-22 GL/Auto/WC/$10mil Umb/Equip | Krista Aburrow | 2/24/2022 12:33:12 PM (CST) | Page 7 of 11 66892767 | 21-22 GL/Auto/WC/$10mil Umb/Equip | Krista Aburrow | 2/24/2022 12:33:12 PM (CST) | Page 8 of 11 66892767 | 21-22 GL/Auto/WC/$10mil Umb/Equip | Krista Aburrow | 2/24/2022 12:33:12 PM (CST) | Page 9 of 11 66892767 | 21-22 GL/Auto/WC/$10mil Umb/Equip | Krista Aburrow | 2/24/2022 12:33:12 PM (CST) | Page 10 of 11 66892767 | 21-22 GL/Auto/WC/$10mil Umb/Equip | Krista Aburrow | 2/24/2022 12:33:12 PM (CST) | Page 11 of 11 Pond Numb�r: 1086i86 �'011�TSTItUCTI�IoT BO� STAT� OF TEXAS § C�UNTY O1+ TARRANT § ICI�OW ALL MEN BY TH��� PRE�E]�IT�: TIIAT ��e, Jackson Fort WorEh Ltd. of Texas, as Princ�pa.l, and The Hanover Insurance Companv as Suret}�, ��rhose address fs 440 Lincoln 5i., Worcester, MA 01615 , are held a��d firmly bour�d ��nto the Ca�Enty of Tarrant, Statc af Texas, as �bligee, tl�rough its Count_y Judge, o�' �iis successor in ofF'ice, in tl�e sum of Three Hundred 5eventv Thousand Eight Hundred Seventv Nfne AfVD 25/1 DO Dollaz�s ($ 37D,879.25 ),for the pa.y��lent of ��vhicli ��rcEt and tiuly bc inade, �ve bind ourselves, and each of us, aur l�eirs executors, adn�i»istrators, successors uid assig��s,.joi�itly and severall}�, by tklese i�resents. WHEREAS, the said Piincipal desii�es to sub-divide a��d plat a ce3tain teact nf la��d [ocated oLrtside H�c limits of ata incorporated city or tovvn in T�rrant County, TeYas, said subdivision to be lcnown as Ham ton Viilas inore fiilly described as See Attached Leqal Description ; �� WIIEREAS, tl�e said Principal is re�uired by Sectio�� L. I of the Ta1�rc��at Cats�at�� S1dhLT�7V1S1017 Cfi7G� LCi'i?G� Use Regulatior�s to filc a bond with tl�c Tarrant Cotmty Commissioners Coiirt in thc amount of 100`% af tlZe estimatcd co�Zstniction cost of const��ucting the roads alid streets in aiid draina�e rcquii•einents for any subdivisiou soiigE�t to be platted by the Pi�iucipal, NOW, THEREFORE, TH� CONDTTIQNS OF THIS OBLTGATI�N ARE SUCH that tlie Principal, �vi�o o�vns the tt•�ct of lartd to be subdivided uildet• the name of Ham�ton villas , m��st co�lstnict the roads and strects in at�d the drainage requireincnts fo�• sucli subdivision in accordance with tl�e s}�ecifications contained in tl�c Tarraj�t Cor�nty �5'tr6cJivision ancl Lat�d U,se Regtcic�trof�s. This bond sl�all remzin in fiill fa�•ce and in cfFeci until �il fhe �•oac�s and streets in and the draivage requiremeiits for sucli sLii�division havc been constrLictcd a.iad coxnplcted by tlze Principa] and approved by the Tarrtu�# Cot2nty Services Department, ancl until this Const�7�ctio�l Bond has been ��eleased by a Court Order fi�om #lae T��T�tnt Caunty Conmiissione�'s Court. No right of action shall accnie o�i this bonc� to or for tlic fiii���-e use of any person or coiporatian other than tl�e Co�nmissioners Coui-t heretn iia�nec� or successors of Commissioners Court. IN V4jITNES� WHEREOF, tlle P�'iz�cipal �u�d Surety l�a�e hereu�xto set their ha�ids and seals this ciay of , 20 0. PRINCIPAL SURETY Jackson ConStruction, Ltd. The Hano Insurance C m — BY: 5� � � �Gr.vt BY; 1 � �. AdC�T'OSS: siias,�uv�ueyr��;�� AddreSS: � 0 N Akard Sfreet, #4300 Fort Worth, TX 76i i9 Da�las, TX 752Q1 THE HRfVOVEI21iVSURANCE COMPA�I4Y MASSACHUSETTS BAY INSURANCE C01ViPA3VY CITIZENS INSUFu1NCC COMPANY Of' ANIGRfCA AOINEfZ DF ATTO}ilVEY TI IIS pnwer of Atforney lir-nits the acts of [hose narned herein, and they iiave no au[Izarity to bind the corrrpatty except in fhe mani�er and to f{�e extent herein sta4ed. KI�DW ALL PERS�NS SY TH�S� PRESEIVTS: That TH E HANOVER INSIJRANC� COMPANYand MASSACHU5�77S f�AYIhlSIJRAi�C� COMPANY, bath being corporations organized and exisfing underthe lavv� of t�e State of New Hampshire, and CI71zENs INSURANG E COMPANY OFAMERICA, a corporation organiz�d and existing under the Ea+r� of the Siafa of Michigan, (hereinafter individually and colleciively the "Compan}�'j does Eiereby cpnstitute and appoint, Sfe�en R. Fosfer, Jac{c Ni, Crowley, �aurie p�ug , and i euia L.uri oPWiflis Towers Watsan Insurance Services 1Nest, lnc of Dallas, TX each individually, iPthere be more thah'ofle natned, as its true and lawful attorney(s)-in- iaci fo sign, execute, seal, acitnoWEedge ancf deliVef for, and on its behalf, and as iis act and deed any place within the United States, any and all surefy bonds, recagnizances, underfakings, orot}�er sureiy abligations, The execution vEsuchsurety l�ands, recognizances, underiakings orsur'etyobfigaf€ons, inpursuance ofthese presents, shall ba as binding z�pfln the Company as iF they had been duly sign�d bythe presideni and aitesfed by ihe seeretary of ihe Company, in their own proper persons. Provided however, fhatthis pawef of attorney limlts ihe acts of those nameci herein; and t�ey have no aErthorify fo bind the Company except in ihe inanner stated and to the extent of any limiiation stated i�elow: � Ai�y such obligafions in the United Siates, noi ta exceed Ti�irty �Ive IVllllloai and Na!'i00 ($35,000,�00) in any single insfance 7hat this povver Is made and executed pursuantto the auihority of the foliowing Resolutlons passed hy t�e Board of �irectors of sald Co�npany, and said Resolutions remaih in full foree and effecY: RESOLVED: ThaY the President or any Vice President, !n co�juncfion with any Vice President, be atld ihey hereby are authorized and empowered ta appoiizt Atiorneys-in-fact of the Company, in iis naine and as it acts, to execute and acErnov�iedge for and on its 4�ehalF as surety, any and all bonds, recoghlzances, cantracis of inde�nnicy, lvalvers of citatEon and all ofher writings obligatoty in the I�ature thereof, witf� powef fo atta�h thereto the seal of t�e Company. Any such wriiings so executed by such Aitorneys-ia-fact shall he bindinc� u�on ihe Cornpany as iF ihey had been duly executed and acicnowi�dged by the iegulariy electec� officers of the Company in their own proper psrsons. f2�SOLVED: That any and all Povvers oP Attorney and Certified Copies of such Powers of Attorney ard certification in respect t�eF eto, grahted and executed by t�e President or �ce President in conjunction tMth any Vice F'resident oi the Cornpany, shall be binding or� the Company to the same exter�t as if all signa#ufes fl�ereil� vuare manua�ly aifixed, even though one or tnare of any s�€ch slg�afures thereoh may be facssmile. (Adopt�d October 7, 1981 - The Hanover Insurance Gompany; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insuraace Company of America and affirmed by each Com}�any an March 24, 2014) � I!d WITNESS WH EREOF, 7H� HANOV�R INSURANCE COMPANY, MASSACHUSETTS SAY INSURANC� COMPANYand CITIZENS 1i�lSL3�tANC� CpMPANYOF AA6ERICA ha�e caused these presenis to be sealed wi'th thetr tespective corpvrate seals, duly attesiec} by iwo Vice Presidents, t��is 10�h day of January, 202�. ; H� ��rs�v�;� tN�t� �c� c�r���n;°t �����ac€����rr.� �����.�n��� ��,���n��,r �t�����5 s��u�.ra�y�� � €�!���r Q� �r����c� � �� ���} � .; � u��,,I� THE COMMONWCALTH OF 11�ASSACNUSE�TS ) C�UN7YOF WORGESTER j ss_ .�--��� ,���a �:�� =4y;� *� ;.;�: ��-t� ������� i��u�,��3�� ct�s���ra� �i�n����a��€€����� ��� Et��r�P��a�� �ar���s�17 ����?��� t��vt�ar�ti� �c�rai���av �� �r,���E�� On tFtls 10��' da)� of Jan�ary, 2fl20 Eaefore me came the aba�e named E:.ecutive Uce President and Vice 1'residenY of 7he Hanover Insurance Company, Massachusetts Bay Insurance Companyand Citizens Insurance Campsny of A;nerioa, to me persona�ly kr�fltts�n to he the inriividuals and officers described herein, and acknoWledged that the seals aifxec! to ihe preceding insirument are tl�e corporate sea[s of The Hanover Insuranee Company, 3tl�assach�Fsetts Bay Insurat�ce Company and Citizens f nsurance Company o#,4merica, respeciively, and thattF�e saic€ corporate seals and ttieir signatures as officers were duly affiXed and s€�bscribed to said instrument by the auihority and direcfion of said Coroarations. �.,� .�__� �_��-- a� ���.��tv v. s����c�r�s �� h)41�}y s�ubSiG ��]�CAn1hi4�1'+V�73I051�A:+,�?tCiiilSETiS y ��/ vly Cammissson Eypires � �'' , _� ,fun �i�. �033 _.. �`�� ..�r��� ������ ��,����,��.�- As�ee� V:Sitnnns, hloeary (�ubllc 14iy Caznrr,issian Expir�s June 1 a, �p?9 [, the undersic�ned VICE Presidetitof The Hanover Insurartce Company, Massachusetis Bay lnsttranee Companyand Citizens Irssurarsce Companyof America, hereby ce�tify t�at the ahove and foregoing is a iull, true and cofrect copy of the Original Power af Attorney issued by said Companies, and do hereby iuriher ceriify ihat the said Powars of Attorney are sti11 in farce and effect. G1VEN under my hand and the seals of said Corripanles, at Worces{��� Massac��usetGs, Yhis day of C���+�`�`� ���y� '� iH�[dAAkQVERIrYsURAS�GCCOh�f'Af-dY � Il�lA ACHkfS��S �R'f Ifd�URA�;CkCo1��P1�NY � ' - lZ �NS tNSi)RA�yC€ CpMPANY [7F k;7GR�CA , < . . . . F � , � � ` . _ 11 -� —"�- J- � ._Carr(cicA.k3ligh,�,�Fr.v sldent - —� �` �°�� � � T1te Hanover InsE�ranm Carrtpany � 940 LinmSn Stree� Worcester, MA 01 G53 �g IiLS[lIeT1C2 GIOL1�7° Cstitens Insurancc Company of Artte;ira � 645 West Grand River Avenue, Howe1E, Mi q8843 ����5 ������1'�� 1Ca���� Q�������� ������ To o�fain ir�forma.fion ar mai�e a complain�: You may call `The F�ano�er �nsurance Campany/Citi�ens Insurance Company o� America`s toll-free tele�hone number for �nformatian ar �o ma4ce a complaini at: ����� ���������� Para obfer�e� infrormacion o�ara sarr�e�er ��,a qu�j�: Us�ed puede Ilama�- al nurnero de tele�ono gra�is de `�°he I-lanover Insurance Company/Citi�ens Insurance Campany of Americ�.`s p�ara infarmac�on a para sameter una queja al: �a�0��60���94� � ������������� You may af5o wrife to iFte f�anov�r Insurance Company/ Ug�ed fambi�n p���� escribir �. ��� I;�rc��� €�^�;��an:2 Cifii�e�s Insurance Company af America at: Cornpany/Citizens �nsurance Campar�y o� Arnerica aE: �R�O Lincoln 5treef Worcester, MA 0161 � 440 Lincoln Stree� Worcester, MR Q�61� You may contac� �he Texas Depar�ment af. tnsurance �a ob�ain [ni`ort�ation an com�a�ies, coverage5, rig{�fs or ca�rtplaints af: �a�0�d���4���� You may uvrifie the Te�cas Qeparimeni of lnsus-anc�: P. O. Box 1�€9109� Austin, �7( 78714-9�04 �a.x: (51�} 47�-1771 Web: i�ttp://www.tdi,texas,gav E-rr�ail: Consumer�rvtection@tdi,state.tx.us PREMII�M OR CL,4IM �ISRU�E�: Should you �ave a disp�te conceming your premium or about a cla+m you shou�d co�tac� the ag�nt or fil�e cam- pany �rrst. If the dispute i5 not r�solved, you may contact the iexas Deparfine�f of f�surance, Aii��1� 1 bl� �10�"f�� `�� ��U� POLI�e ihis na�ice is for informa�ian an{y and daes nat become a par� or con� dition ot �he attachec€ doeurnent. P�ede com�r�ic�rse con el Departamenia de Seg�ros de Texas para obtener infarrna�ion a�erca de cam�anias, cober�uras, d�rechos o quejas al: �������������� Puede escr�bir al De�arfamen�to de Seguro5 de �exas: P. Q. �ox '149904 Austin, i;( 7�714-9904 Fa�c: (51�) �7�-177'€ We�b: hitp://wuvwtdi,�e�xas,go� E-rnail: ConsumerPre�te��io�@��i,���.��,�.u� ��S�LJ�'AS 50SRE PRIMAS O RE�L�4MOS: Si �iene una disputa concemien�e a su prima a a un rec- lamo, debe eomunicarse con e[ agent� o la compania Primera. Si r�o se resuelve la disputa, puede entonces com�nicarse can e] departaimento (iDl), U�1A ��i� A�11�� A��J P��1��4: Esie aviso es sQlo para prapasifio de inforrnacion y no se canvierte en par�e o condicion del cfocumen�a adjunto. '181-1457 (5ry � Boeicl Number: iDa8186 MAll'iTEl�Ali�CE BOIVD STATE Ol+ TEXAS § COI.TNTY OI' TARRAi�T § KNOW ALL MEN BY THES� PRES�NTS: TI-IAT we, Jackson Construction, Ltd. of �ort Worth ,TeYas, as Principal, �uid The Hanover Insurance Cam�any �s Strret}r, ��lhose add��ess is 440 LRncaln St., Worcester, MA 016i 5 , are held �nc� firinl}� bound i��1to tl�e Couni�r of T��i�ant, State of Tc�as, as Obligee, through its County J�idge, o�' his successor in of�ice, in the sui� of Three Hundred Seventv Thousand Eight Hundred Seventy Nine AND 25dollars ($ 37fl,879.25 _ },for the paytnent of ���hicli �vell aud tt�uly be �-�tade, �ve bifld out-selvcs, and each of us, our 1leirs exec��tors, adn�i►�istratars, successo�•s a�id assigns, joiutly ai�d severa[ly, by tliese ��rescnts. VVH�REAS, the said Principal has siib-dividcd aud platted a ect�taiia tiract oF l�;d located outside tlie limits of an incorpal-ated cit}� or toi�n ii� Ta�-rant Comiiy, Te�as, said subdivision lcno���a� as Hampton Villas _ , I1101'C fi�lly described as 5ee Attached Legal Description _ __ ; WHEREAS, the said Prirt�ci�al has dedica#ed to the public certaita roads and streets as indic�#cd on titie plat, and the Priiicipal desires Tnrrant County, Texas, to acccpt foz� anainte��auce and operation on Uehalf af the public these dedicated improvements; WHER�AS, Tarrant Couiity ���i11 uot accept �ot• n�aii�tcnance a.�id o�3eratioi� on belialf of the pu6�ic the dedicated roads and streeis UNLESS AND iJNTCL the said Pe�ilcipal has constnicted, maiutai�led and operateci the said itnprove�net�.ts, together with any associated di•ai�lage imp;�ovements, for a�eiiod of t�s�o coj�secutive years, be�iruung on the date this Bond is fi�ily executed, wiih said dedicated roads, streets aa�d assnci2ted drainage improvements bei�ig constnicted, maintauied and ope�•ated by said PrincipaI: (1} iR1 coR�fnrmity witl� tlze s�ecifications co��tai»ed on the plat recorded 'ui tl�e Tar�•at�t County Clerlc's Office in Fort Warth � (2) in accordance �vith tlie Tc�j�1°crtat Co�sf�ty Si�bcJivis�iot� 6� Lcr�ad Use Regulatrotas pramLilgafecl by the Comjnissioners Co�u�t af Tarrn�it County, Texas; aud (3) to the sa#isfaction ofthe Transportation Ser�ices Depai�ment of Tarrant Caunty. NOW, THEREFaRE, THE CONDITIONS OF T�IIS OBLIGATTQN ARE SUCH that ihe obligation bcgins as of the date tlus Bond is fizlly eYecuted and will remlin in effect until: (1) the Principal l�as co��sti��cted, �naiEltained a�id oper•ated all dedicated roads, streets and assaciated draii7age improvetneuts for a ��eriod of two co��secutive years, begii�ning on tl�e date thEs Bond is fiill}r e�ecuted: (a) in conformity ��ith the s�ecificatious co��tained o�1 tl�e plai recorded in tlte Tarra��t Couuty Clerlc's Office in Fort Worth • (b) iu accorda�ice «itli the Trn'�•crF�t Cotr�T�jj SzabcJivision & Lcrnc! Use Regi�latio�.s promulgatccl by ti�,e Conunissioners Court of Ta��rai�t Coutlty, Texas; and {c) to tlie satisfactiozl of the Tra��sportation Seiviccs Depa��t�nent of Tarra�it CoLinty; and Bond Ioluii��er: 10a6i£3fi (2) ti�e Cominissioners Court of Tar•t,3nt County, Tctas, fo�mally releascs by a Coiirt Order the Principal and Surety fro�n �iabiliiv under tl�is BoE�d. IN WI'TNESS WHERCOF, the PrincipaI and Siu-ety have hereunto sct their hands and scals this day of , 20 0. PRINCIPAL Jackson Construcion, Ltd. B�� -�. � ioy L 7acAs� , ]'resdeni AC�dI'eSS: �112 5iui Valley 3�rive ,SURETY Tt�e Hanover urance Company . By: �, ,� - 1:�c - Cro� ey, r1lto�yiey ��act Address: 5 o N�kard Stre�t, i�4300 Fort Worth, 1�X 76i t9 las, ZX 75201 THE HRfVOVEI21iVSURANCE COMPA�I4Y MASSACHUSETTS BAY INSURANCE C01ViPA3VY CITIZENS INSUFu1NCC COMPANY Of' ANIGRfCA AOINEfZ DF ATTO}ilVEY TI IIS pnwer of Atforney lir-nits the acts of [hose narned herein, and they iiave no au[Izarity to bind the corrrpatty except in fhe mani�er and to f{�e extent herein sta4ed. KI�DW ALL PERS�NS SY TH�S� PRESEIVTS: That TH E HANOVER INSIJRANC� COMPANYand MASSACHU5�77S f�AYIhlSIJRAi�C� COMPANY, bath being corporations organized and exisfing underthe lavv� of t�e State of New Hampshire, and CI71zENs INSURANG E COMPANY OFAMERICA, a corporation organiz�d and existing under the Ea+r� of the Siafa of Michigan, (hereinafter individually and colleciively the "Compan}�'j does Eiereby cpnstitute and appoint, Sfe�en R. Fosfer, Jac{c Ni, Crowley, �aurie p�ug , and i euia L.uri oPWiflis Towers Watsan Insurance Services 1Nest, lnc of Dallas, TX each individually, iPthere be more thah'ofle natned, as its true and lawful attorney(s)-in- iaci fo sign, execute, seal, acitnoWEedge ancf deliVef for, and on its behalf, and as iis act and deed any place within the United States, any and all surefy bonds, recagnizances, underfakings, orot}�er sureiy abligations, The execution vEsuchsurety l�ands, recognizances, underiakings orsur'etyobfigaf€ons, inpursuance ofthese presents, shall ba as binding z�pfln the Company as iF they had been duly sign�d bythe presideni and aitesfed by ihe seeretary of ihe Company, in their own proper persons. Provided however, fhatthis pawef of attorney limlts ihe acts of those nameci herein; and t�ey have no aErthorify fo bind the Company except in ihe inanner stated and to the extent of any limiiation stated i�elow: � Ai�y such obligafions in the United Siates, noi ta exceed Ti�irty �Ive IVllllloai and Na!'i00 ($35,000,�00) in any single insfance 7hat this povver Is made and executed pursuantto the auihority of the foliowing Resolutlons passed hy t�e Board of �irectors of sald Co�npany, and said Resolutions remaih in full foree and effecY: RESOLVED: ThaY the President or any Vice President, !n co�juncfion with any Vice President, be atld ihey hereby are authorized and empowered ta appoiizt Atiorneys-in-fact of the Company, in iis naine and as it acts, to execute and acErnov�iedge for and on its 4�ehalF as surety, any and all bonds, recoghlzances, cantracis of inde�nnicy, lvalvers of citatEon and all ofher writings obligatoty in the I�ature thereof, witf� powef fo atta�h thereto the seal of t�e Company. Any such wriiings so executed by such Aitorneys-ia-fact shall he bindinc� u�on ihe Cornpany as iF ihey had been duly executed and acicnowi�dged by the iegulariy electec� officers of the Company in their own proper psrsons. f2�SOLVED: That any and all Povvers oP Attorney and Certified Copies of such Powers of Attorney ard certification in respect t�eF eto, grahted and executed by t�e President or �ce President in conjunction tMth any Vice F'resident oi the Cornpany, shall be binding or� the Company to the same exter�t as if all signa#ufes fl�ereil� vuare manua�ly aifixed, even though one or tnare of any s�€ch slg�afures thereoh may be facssmile. (Adopt�d October 7, 1981 - The Hanover Insurance Gompany; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insuraace Company of America and affirmed by each Com}�any an March 24, 2014) � I!d WITNESS WH EREOF, 7H� HANOV�R INSURANCE COMPANY, MASSACHUSETTS SAY INSURANC� COMPANYand CITIZENS 1i�lSL3�tANC� CpMPANYOF AA6ERICA ha�e caused these presenis to be sealed wi'th thetr tespective corpvrate seals, duly attesiec} by iwo Vice Presidents, t��is 10�h day of January, 202�. ; H� ��rs�v�;� tN�t� �c� c�r���n;°t �����ac€����rr.� �����.�n��� ��,���n��,r �t�����5 s��u�.ra�y�� � €�!���r Q� �r����c� � �� ���} � .; � u��,,I� THE COMMONWCALTH OF 11�ASSACNUSE�TS ) C�UN7YOF WORGESTER j ss_ .�--��� ,���a �:�� =4y;� *� ;.;�: ��-t� ������� i��u�,��3�� ct�s���ra� �i�n����a��€€����� ��� Et��r�P��a�� �ar���s�17 ����?��� t��vt�ar�ti� �c�rai���av �� �r,���E�� On tFtls 10��' da)� of Jan�ary, 2fl20 Eaefore me came the aba�e named E:.ecutive Uce President and Vice 1'residenY of 7he Hanover Insurance Company, Massachusetts Bay Insurance Companyand Citizens Insurance Campsny of A;nerioa, to me persona�ly kr�fltts�n to he the inriividuals and officers described herein, and acknoWledged that the seals aifxec! to ihe preceding insirument are tl�e corporate sea[s of The Hanover Insuranee Company, 3tl�assach�Fsetts Bay Insurat�ce Company and Citizens f nsurance Company o#,4merica, respeciively, and thattF�e saic€ corporate seals and ttieir signatures as officers were duly affiXed and s€�bscribed to said instrument by the auihority and direcfion of said Coroarations. �.,� .�__� �_��-- a� ���.��tv v. s����c�r�s �� h)41�}y s�ubSiG ��]�CAn1hi4�1'+V�73I051�A:+,�?tCiiilSETiS y ��/ vly Cammissson Eypires � �'' , _� ,fun �i�. �033 _.. �`�� ..�r��� ������ ��,����,��.�- As�ee� V:Sitnnns, hloeary (�ubllc 14iy Caznrr,issian Expir�s June 1 a, �p?9 [, the undersic�ned VICE Presidetitof The Hanover Insurartce Company, Massachusetis Bay lnsttranee Companyand Citizens Irssurarsce Companyof America, hereby ce�tify t�at the ahove and foregoing is a iull, true and cofrect copy of the Original Power af Attorney issued by said Companies, and do hereby iuriher ceriify ihat the said Powars of Attorney are sti11 in farce and effect. G1VEN under my hand and the seals of said Corripanles, at Worces{��� Massac��usetGs, Yhis day of C���+�`�`� ���y� '� iH�[dAAkQVERIrYsURAS�GCCOh�f'Af-dY � Il�lA ACHkfS��S �R'f Ifd�URA�;CkCo1��P1�NY � ' - lZ �NS tNSi)RA�yC€ CpMPANY [7F k;7GR�CA , < . . . . F � , � � ` . _ 11 -� —"�- J- � ._Carr(cicA.k3ligh,�,�Fr.v sldent - —� �` �°�� � � T1te Hanover InsE�ranm Carrtpany � 940 LinmSn Stree� Worcester, MA 01 G53 �g IiLS[lIeT1C2 GIOL1�7° Cstitens Insurancc Company of Artte;ira � 645 West Grand River Avenue, Howe1E, Mi q8843 ����5 ������1'�� 1Ca���� Q�������� ������ To o�fain ir�forma.fion ar mai�e a complain�: You may call `The F�ano�er �nsurance Campany/Citi�ens Insurance Company o� America`s toll-free tele�hone number for �nformatian ar �o ma4ce a complaini at: ����� ���������� Para obfer�e� infrormacion o�ara sarr�e�er ��,a qu�j�: Us�ed puede Ilama�- al nurnero de tele�ono gra�is de `�°he I-lanover Insurance Company/Citi�ens Insurance Campany of Americ�.`s p�ara infarmac�on a para sameter una queja al: �a�0��60���94� � ������������� You may af5o wrife to iFte f�anov�r Insurance Company/ Ug�ed fambi�n p���� escribir �. ��� I;�rc��� €�^�;��an:2 Cifii�e�s Insurance Company af America at: Cornpany/Citizens �nsurance Campar�y o� Arnerica aE: �R�O Lincoln 5treef Worcester, MA 0161 � 440 Lincoln Stree� Worcester, MR Q�61� You may contac� �he Texas Depar�ment af. tnsurance �a ob�ain [ni`ort�ation an com�a�ies, coverage5, rig{�fs or ca�rtplaints af: �a�0�d���4���� You may uvrifie the Te�cas Qeparimeni of lnsus-anc�: P. O. Box 1�€9109� Austin, �7( 78714-9�04 �a.x: (51�} 47�-1771 Web: i�ttp://www.tdi,texas,gav E-rr�ail: Consumer�rvtection@tdi,state.tx.us PREMII�M OR CL,4IM �ISRU�E�: Should you �ave a disp�te conceming your premium or about a cla+m you shou�d co�tac� the ag�nt or fil�e cam- pany �rrst. If the dispute i5 not r�solved, you may contact the iexas Deparfine�f of f�surance, Aii��1� 1 bl� �10�"f�� `�� ��U� POLI�e ihis na�ice is for informa�ian an{y and daes nat become a par� or con� dition ot �he attachec€ doeurnent. P�ede com�r�ic�rse con el Departamenia de Seg�ros de Texas para obtener infarrna�ion a�erca de cam�anias, cober�uras, d�rechos o quejas al: �������������� Puede escr�bir al De�arfamen�to de Seguro5 de �exas: P. Q. �ox '149904 Austin, i;( 7�714-9904 Fa�c: (51�) �7�-177'€ We�b: hitp://wuvwtdi,�e�xas,go� E-rnail: ConsumerPre�te��io�@��i,���.��,�.u� ��S�LJ�'AS 50SRE PRIMAS O RE�L�4MOS: Si �iene una disputa concemien�e a su prima a a un rec- lamo, debe eomunicarse con e[ agent� o la compania Primera. Si r�o se resuelve la disputa, puede entonces com�nicarse can e] departaimento (iDl), U�1A ��i� A�11�� A��J P��1��4: Esie aviso es sQlo para prapasifio de inforrnacion y no se canvierte en par�e o condicion del cfocumen�a adjunto. '181-1457 (5ry � CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ........................................................................................................ 6 2.02 Preconstruction Conference .......................................................................................................... 6 2.03 Public Meeting .............................................................................................................................. 6 Article 3 – Contract Documents and Amending ............................................................................................... 6 3.01 Reference Standards ..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents .................................................................. 6 Article 4 – Bonds and Insurance ....................................................................................................................... 7 4.01 Licensed Sureties and Insurers ..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7 4.03 Certificates of Insurance ............................................................................................................... 7 4.04 Contractor’s Insurance .................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12 Article 5 – Contractor’s Responsibilities ........................................................................................................ 12 5.01 Supervision and Superintendent ................................................................................................. 12 5.02 Labor; Working Hours ................................................................................................................ 13 5.03 Services, Materials, and Equipment ........................................................................................... 13 5.04 Project Schedule .......................................................................................................................... 14 5.05 Substitutes and “Or-Equals” ....................................................................................................... 14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16 5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16 5.08 Wage Rates.................................................................................................................................. 18 5.09 Patent Fees and Royalties ........................................................................................................... 19 5.10 Laws and Regulations ................................................................................................................. 19 5.11 Use of Site and Other Areas ....................................................................................................... 19 5.12 Record Documents ...................................................................................................................... 20 5.13 Safety and Protection .................................................................................................................. 21 5.14 Safety Representative ................................................................................................................. 21 5.15 Hazard Communication Programs ............................................................................................. 22 5.16 Submittals .................................................................................................................................... 22 5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24 5.19 Delegation of Professional Design Services .............................................................................. 24 5.20 Right to Audit: ............................................................................................................................ 25 5.21 Nondiscrimination....................................................................................................................... 25 Article 6 – Other Work at the Site ................................................................................................................... 26 6.01 Related Work at Site ................................................................................................................... 26 Article 7 – City’s Responsibilities................................................................................................................... 26 7.01 Inspections, Tests, and Approvals .............................................................................................. 26 7.02 Limitations on City’s Responsibilities ....................................................................................... 26 7.03 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ........................................................................... 27 8.01 City’s Project Representative ..................................................................................................... 27 8.02 Authorized Variations in Work .................................................................................................. 27 8.03 Rejecting Defective Work .......................................................................................................... 27 8.04 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.01 Authorized Changes in the Work ............................................................................................... 28 9.02 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28 10.01 Change of Contract Price ............................................................................................................ 28 10.02 Change of Contract Time............................................................................................................ 28 10.03 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29 11.01 Notice of Defects ........................................................................................................................ 29 11.02 Access to Work ........................................................................................................................... 29 11.03 Tests and Inspections .................................................................................................................. 29 11.04 Uncovering Work ....................................................................................................................... 30 11.05 City May Stop the Work ............................................................................................................. 30 11.06 Correction or Removal of Defective Work ................................................................................ 30 11.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct Defective Work ............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.01 Contractor’s Warranty of Title ................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ........................................................................................................................... 32 12.04 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work .................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................ 33 Article 14 – Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice .............................................................................................................................. 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ............................................................................................................... 35 14.05 Headings ...................................................................................................................................... 35 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a.Name of manufacturer b. Name of vendor c.Trade name d. Catalog number 2.Substitutions are not "or-equals". B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Request for Substitution - General 1.Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a.When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a.Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A.See Request for Substitution Form (attached) B.Procedure for Requesting Substitution 1. Substitution shall be considered only: a.After award of Contract b. Under the conditions stated herein 2.Submit 3 copies of each written request for substitution, including: a.Documentation 1)Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a)Manufacturer's name b) Telephone number and representative contact name c)Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a)Size b) Composition or materials of construction c)Weight d) Electrical or mechanical requirements 4) Product experience a)Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c)Available field data and reports associated with proposed product 5)Samples a)Provide at request of City. b) Samples become the property of the City. c.For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C.Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 4. Substitution will be rejected if: a.Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c.In the Developer’s opinion, acceptance will require substantial revision of the original design d. In the City’s or Developer’s opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A.In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A.Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B.What effect does substitution have on other trades? C.Differences between proposed substitution and specified item? D.Differences in product cost or product delivery time? E.Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B.Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C.Related Specification Sections include, but are not necessarily limited to: 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a.If recorded, tapes will be used to prepare minutes and retained by City for future reference. B.Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a.The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a.Developer and Consultant b. Contractor's project manager c.Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 e.Other City representatives f.Others as appropriate 4. Preliminary Agenda may include: a.Introduction of Project Personnel b. General Description of Project c.Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor’s work plan and schedule e.Contract Time f.Notice to Proceed g.Construction Staking h. Progress Payments i.Extra Work and Change Order Procedures j.Field Orders k.Disposal Site Letter for Waste Material l.Insurance Renewals m.Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r.Legal Holidays s.Trench Safety Plans t.Confined Space Entry Standards u. Coordination with the City’s representative for operations of existing water systems v.Storm Water Pollution Prevention Plan w.Coordination with other Contractors x. Early Warning System y.Contractor Evaluation z.Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc.Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii.Final Payment jj. Questions or Comments 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Administrative and procedural requirements for: a.Preconstruction Videos B.Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C.Related Specification Sections include, but are not necessarily limited to: 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a.Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 SECTION 01 33 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a.Shop Drawings b. Product Data (including Standard Product List submittals) c.Samples d. Mock Ups B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2.Coordination of Submittal Times a.Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a)Disapproval and resubmittal (if required) b) Coordination with other submittals c)Testing d) Purchasing e)Fabrication f)Delivery g)Similar sequenced activities c.No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B.Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a.Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c.Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C.Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a.Field measurements b. Field construction criteria c.Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a.The Contractor's Company name b. Signature of submittal reviewer c.Certification Statement 1)“By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D.Submittal Format 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 2. Bind shop drawings and product data sheets together. 3. Order a.Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c.Product Data /Shop Drawings/Samples /Calculations E.Submittal Content 1. The date of submission and the dates of any previous submissions 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 2. The Project title and number 3. Contractor identification 4. The names of: a.Contractor b. Supplier c.Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F.Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a.Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c.Setting diagrams d. Actual shopwork manufacturing instructions e.Custom templates f.Special wiring diagrams g.Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i.As applicable to the Work 2. Details a.Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G.Product Data 1. For submittals of product data for products included on the City’s Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City’s Standard Product List, submittal data may include, but is not necessarily limited to: a.Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 7)Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H.Samples 1.As specified in individual Sections, include, but are not necessarily limited to: a.Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I.Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J.Submittal Distribution 1. Electronic Distribution a.Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a)3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c.Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a)3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 a.Shop Drawings 1) Distributed to the City 2) Copies a)8 copies for mechanical submittals b)7 copies for all other submittals c)If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a)4 copies c.Samples 1) Distributed to the Project Representative 2) Copies a)Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a.Provide number of copies as directed by the City but not exceeding the number previously specified. K.Submittal Review 1.The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a.Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c.Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a.All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a.Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a)When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a)The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c.Code 3 1)"EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a)The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b)This resubmittal is to address all comments, omissions and non-conforming items that were noted. c)Resubmittal is to be received by the City within 15 Working Days of the date of the City's transmittal requiring the resubmittal. ci.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 Working Days for all such fees invoiced by the City. c.The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7.Partial Submittals a.City reserves the right to not review submittals deemed partial, at the City’s discretion. b.Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c.The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8.If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Working Days prior to release for manufacture. 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 9.When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10.Each submittal, appropriately coded, will be returned within 30 Working Days following receipt of submittal by the City. L.Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M.Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N.Request for Information (RFI) 1. Contractor Request for additional information a.Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c.When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised August 30, 2013 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A.Section Includes:5 1.The procedures for special project circumstances that includes, but is not limited to:6 a.Coordination with the Texas Department of Transportation7 b.Work near High Voltage Lines8 c.Confined Space Entry Program9 d.Air Pollution Watch Days10 e.Use of Explosives, Drop Weight, Etc.11 f.Water Department Notification12 g. Public Notification Prior to Beginning Construction13 h. Coordination with United States Army Corps of Engineers14 i.Coordination within Railroad permits areas15 j.Dust Control16 k. Employee Parking17 B.Deviations from this City of Fort Worth Standard Specification18 1. None.19 C.Related Specification Sections include, but are not necessarily limited to:20 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract21 2.Division 1 – General Requirements22 3.Section 33 12 25 – Connection to Existing Water Mains23 24 1.2 REFERENCES 25 A.Reference Standards26 1.Reference standards cited in this Specification refer to the current reference27 standard published at the time of the latest revision date logged at the end of this28 Specification, unless a date is specifically cited.29 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752.30 High Voltage Overhead Lines.31 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction32 Specification33 1.3 ADMINISTRATIVE REQUIREMENTS 34 A.Coordination with the Texas Department of Transportation35 1.When work in the right-of-way which is under the jurisdiction of the Texas36 Department of Transportation (TxDOT):37 a.Notify the Texas Department of Transportation prior to commencing any work38 therein in accordance with the provisions of the permit39 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in 1 compliance with and subject to approval from the Texas Department of 2 Transportation 3 B. Work near High Voltage Lines 4 1. Regulatory Requirements 5 a. All Work near High Voltage Lines (more than 600 volts measured between 6 conductors or between a conductor and the ground) shall be in accordance with 7 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 8 2. Warning sign 9 a. Provide sign of sufficient size meeting all OSHA requirements. 10 3. Equipment operating within 10 feet of high voltage lines will require the following 11 safety features 12 a. Insulating cage-type of guard about the boom or arm 13 b. Insulator links on the lift hook connections for back hoes or dippers 14 c. Equipment must meet the safety requirements as set forth by OSHA and the 15 safety requirements of the owner of the high voltage lines 16 4. Work within 6 feet of high voltage electric lines 17 a. Notification shall be given to: 18 1) The power company (example: ONCOR) 19 a) Maintain an accurate log of all such calls to power company and record 20 action taken in each case. 21 b. Coordination with power company 22 1) After notification coordinate with the power company to: 23 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 24 lower the lines 25 c. No personnel may work within 6 feet of a high voltage line before the above 26 requirements have been met. 27 C. Confined Space Entry Program 28 1. Provide and follow approved Confined Space Entry Program in accordance with 29 OSHA requirements. 30 2. Confined Spaces include: 31 a. Manholes 32 b. All other confined spaces in accordance with OSHA’s Permit Required for 33 Confined Spaces 34 D. Use of Explosives, Drop Weight, Etc. 35 1. When Contract Documents permit on the project the following will apply: 36 a. Public Notification 37 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 38 prior to commencing. 39 2) Minimum 24 hour public notification in accordance with Section 01 31 13 40 E. Water Department Coordination 41 1. During the construction of this project, it will be necessary to deactivate, for a 42 period of time, existing lines. The Contractor shall be required to coordinate with 43 the Water Department to determine the best times for deactivating and activating 44 those lines. 45 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing 1 City water line system with the City’s representative. 2 a. Coordination shall be in accordance with Section 33 12 25. 3 b. If needed, obtain a hydrant water meter from the Water Department for use 4 during the life of named project. 5 c. In the event that a water valve on an existing live system be turned off and on 6 to accommodate the construction of the project is required, coordinate this 7 activity through the appropriate City representative. 8 1) Do not operate water line valves of existing water system. 9 a) Failure to comply will render the Contractor in violation of Texas Penal 10 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 11 will be prosecuted to the full extent of the law. 12 b) In addition, the Contractor will assume all liabilities and 13 responsibilities as a result of these actions. 14 F. Public Notification Prior to Beginning Construction 15 1. Prior to beginning construction on any block in the project, on a block by block 16 basis, prepare and deliver a notice or flyer of the pending construction to the front 17 door of each residence or business that will be impacted by construction. The notice 18 shall be prepared as follows: 19 a. Post notice or flyer 7 days prior to beginning any construction activity on each 20 block in the project area. 21 1) Prepare flyer on the Contractor’s letterhead and include the following 22 information: 23 a) Name of Project 24 b) City Project No (CPN) 25 c) Scope of Project (i.e. type of construction activity) 26 d) Actual construction duration within the block 27 e) Name of the contractor’s foreman and phone number 28 f) Name of the City’s inspector and phone number 29 g) City’s after-hours phone number 30 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 31 A. 32 3) Submit schedule showing the construction start and finish time for each 33 block of the project to the inspector. 34 4) Deliver flyer to the City Inspector for review prior to distribution. 35 b. No construction will be allowed to begin on any block until the flyer is 36 delivered to all residents of the block. 37 G. Public Notification of Temporary Water Service Interruption during Construction 38 1. In the event it becomes necessary to temporarily shut down water service to 39 residents or businesses during construction, prepare and deliver a notice or flyer of 40 the pending interruption to the front door of each affected resident. 41 2. Prepared notice as follows: 42 a. The notification or flyer shall be posted 24 hours prior to the temporary 43 interruption. 44 b. Prepare flyer on the contractor’s letterhead and include the following 45 information: 46 1) Name of the project 47 2) City Project Number 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised August, 30, 2013 3) Date of the interruption of service 1 4) Period the interruption will take place 2 5) Name of the contractor’s foreman and phone number 3 6) Name of the City’s inspector and phone number 4 c. A sample of the temporary water service interruption notification is attached as 5 Exhibit B. 6 d. Deliver a copy of the temporary interruption notification to the City inspector 7 for review prior to being distributed. 8 e. No interruption of water service can occur until the flyer has been delivered to 9 all affected residents and businesses. 10 f. Electronic versions of the sample flyers can be obtained from the Project 11 Construction Inspector. 12 H. Coordination with United States Army Corps of Engineers (USACE) 13 1. At locations in the Project where construction activities occur in areas where 14 USACE permits are required, meet all requirements set forth in each designated 15 permit. 16 I. Coordination within Railroad Permit Areas 17 1. At locations in the project where construction activities occur in areas where 18 railroad permits are required, meet all requirements set forth in each designated 19 railroad permit. This includes, but is not limited to, provisions for: 20 a. Flagmen 21 b. Inspectors 22 c. Safety training 23 d. Additional insurance 24 e. Insurance certificates 25 f. Other employees required to protect the right-of-way and property of the 26 Railroad Company from damage arising out of and/or from the construction of 27 the project. Proper utility clearance procedures shall be used in accordance 28 with the permit guidelines. 29 2. Obtain any supplemental information needed to comply with the railroad’s 30 requirements. 31 J. Dust Control 32 1. Use acceptable measures to control dust at the Site. 33 a. If water is used to control dust, capture and properly dispose of waste water. 34 b. If wet saw cutting is performed, capture and properly dispose of slurry. 35 K. Employee Parking 36 1. Provide parking for employees at locations approved by the City. 37 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 QUALITY ASSURANCE [NOT USED] 5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.10 FIELD [SITE] CONDITIONS [NOT USED] 7 1.11 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH Hampton Villas STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 101804 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 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 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised JULY 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a.Temporary utilities b. Sanitary facilities c.Storage Sheds and Buildings d. Dust control e.Temporary fencing of the construction site B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Temporary Utilities 1. Obtaining Temporary Service a.Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c.Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a.Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c.Coordination 1) Contact City 1 week before water for construction is desired 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a.Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a.Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a.Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B.Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a.Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a.Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c.Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C.Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a.Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D.Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E.Dust Control 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a.Contractor remains on-call at all times b. Must respond in a timely manner F.Temporary Protection of Construction 1.Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A.Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A.Temporary Facilities 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised July 1, 2011 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Administrative procedures for: a.Street Use Permit b. Modification of approved traffic control c.Removal of Street Signs B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 3. Section 34 71 13 – Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A.Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A.Traffic Control 1. General a.When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B.Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a.To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 2)Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C.Modification to Approved Traffic Control 1. Prior to installation traffic control: a.Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D.Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E.Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F.Traffic Control Standards 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised July 1, 2011 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3.Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a.Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a.Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A.Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A.Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A.General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised July 1, 2011 B.Construction Activities resulting in: 1. Less than 1 acre of disturbance a.Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a.Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a)Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a)Section 31 25 00 b) The Drawings c)TXR150000 General Permit d) SWPPP e)TCEQ requirements 3. 5 acres or more of Disturbance a.Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a)Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a)Section 31 25 00 b) The Drawings c)TXR150000 General Permit d) SWPPP e)TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a)Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A.SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a.Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a)City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised July 1, 2011 B.Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 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 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a.Handling b. Exposure to elements or harsh environments B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A.Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B.Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C.Storage Requirements 1.Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a.Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a.Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a.Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7.Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9.Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a.Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A.Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B.Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A.Protect all products or equipment in accordance with manufacturer's written directions. B.Store products or equipment in location to avoid physical damage to items while in storage. C.Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 3.Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A.Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A.Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a.Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A.General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B.Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a.Cover to prevent blowing by wind b. Store debris away from construction or operational activities c.Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a.Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C.Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a.Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 SECTION 01 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1.The procedure for closing out a contract B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B.Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A.Submit all required documentation to City’s Project Representative. 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A.Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B.Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C.Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a.The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a.Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c.Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e.Fuses f.Vault keys g.Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D.Notice of Project Completion 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E.Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a.Final Payment Request b. Statement of Contract Time c.Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e.Pipe Report (if required) f.Contractor’s Evaluation of City g.Performance Evaluation of Contractor F.Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a.Traffic Controllers b. Irrigation Controllers (to be operated by the City) c.Butterfly Valves B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Schedule 1.Submit manuals in final form to the City within 30 working days of product shipment to the project site. 1.5 SUBMITTALS A.Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A.Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a.Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c.Text: Manufacturer’s printed data, or neatly typewritten 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e.Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f.Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a)Title of Project b) Identity of separate structure as applicable c)Identity of general subject matter covered in the manual 3. Binders a.Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B.Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a.Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c.List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a.Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a.Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c.Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a.Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued a.Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C.Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a.Manufacturer's data, giving full information on products 1)Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a.Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D.Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a.Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c.Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e.Manufacturer's printed operating and maintenance instructions f.Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g.As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 i.Charts of valve tag numbers, with location and function of each valve j.List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k.Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a.Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c.As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e.Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f.Manufacturer's printed operating and maintenance instructions g.List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A.Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a.Record Drawings b. Water Meter Service Reports c.Sanitary Sewer Service Reports d. Large Water Meter Reports B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A.Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A.Accuracy of Records 1.Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2.Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 3.To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4.Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A.Storage and Handling Requirements 1.Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2.In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a.In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A.Job set 1.Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B.Final Record Documents 1.At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A.Maintenance of Job Set 1.Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 2.Preservation a.Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b.Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c.Maintain the job set at the site of work. 3. Coordination with Construction Survey a.At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4.Making entries on Drawings a.Record any deviations from Contract Documents. b.Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c.Date all entries. d.Call attention to the entry by a "cloud" drawn around the area or areas affected. e.In the event of overlapping changes, use different colors for the overlapping changes. 5.Conversion of schematic layouts a.In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1)Final physical arrangement is determined by the Contractor, subject to the City's approval. 2)However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b.Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1)Final physical arrangement is determined by the Contractor, subject to the City's approval. 2)Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3)Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c.The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B.Final Project Record Documents 1.Transfer of data to Drawings a.Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b.Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c.Call attention to each entry by drawing a "cloud" around the area or areas affected. 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Hampton Villas City Project No. 101804 Revised April 7, 2014 d.Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2.Transfer of data to other Documents a.If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b.If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application APPENDIX GEOTECHNICAL REPORT 2712 Satsuma Drive, Suite 400 ⧫Dallas, Texas 75229⧫ 972.488.3500 (P) ⧫e-mail: geti@sbcglobal.net GEOTECHNICAL INVESTIGATION Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas PROJECT NO. 18-DG9350 - Updated Prepared for: BRISCOE AND COMPANY Dallas, Texas Prepared by: GEOSCIENCE ENGINEERING & TESTING, INC. Plano, Texas January, 2019 April 9, 2019 ( updated) a., , � , r� s� Projeet No. 18-DG9350 {updatedj April 9, 2019 Briscoe And Company S91 D North Central Expressway, Suite 1 1 D Dallas, Texas 752a8 Geatechnical Investigation Proposed RESIDENTIAL DEVEL�PMENT Floyd Hampton Road 8� FM 1 187 Crowley, Texas Geoscience Engineering � Testing, lnc, is pleased to submit this geotechnieal investigation for tfi�e above referersced project located in Crowley, Texas. This report brieffy describes the procedures employed in o�r subsurface exploration and presents the results of our investigation. Our Constructian Materials Testing Divisior� can provide the materials testir�g services that will be required during the eonstructior� phase of this project. We will be pleased to diseuss a scope of work and submit a proposal for these services upon reques#. We appreciate the apportunity to be af assistance on this projec#. Please feel Free to eontact �s if you have any questions or ifi we can be �f further service. Respectfully, Geascie�ce Engineering 8� Testing, Ine. Fism Reg. #F-1 i 285 DB� # IMDB51637Y 121 HUB # 1 13422734310 ` _-----�--�' -- - �, ,������ �„� -� - Shakoofeh Golk ari, CE, E.I.�. Project Manager � � A: �"'a TE ��� V �QF.«..xq��� :' , N_ ��; "q � .��. * � 1 �'-1 �,� � . � ��, h'.• � �, � '•• * �i .� v�; . �, � .••' — � �' `� .� �, 4� ~� , . • � � .•••' A Syed A sar, : i. , �, .�... (� �`�`..•�•{�g. ''...: .��, Vice Pr ent � i� •'` � � � � . � ; u�. . � `�,. • •• • ��,r�3fi �`� { ,� / �r f�Q � `'�w� . 2712 5atsuma Drive, Suite 400 �Dallas, Texas 75229♦ 972.488.3500 (P) ♦e-mail: geti@sbc�lobal.net Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. CONTENTS Pages INTRODUCTION .................................................................................................................................................. 1 Project Description ........................................................................................................................................ 1 Site Description............................................................................................................................................... 1 Purposes and Scope of Work ...................................................................................................................... 1 Report Format ................................................................................................................................................ 1 FIELD INVESTIGATION......................................................................................................................................... 2 LABORATORY TESTING....................................................................................................................................... 3 Review ............................................................................................................................................................. 3 GENERAL SUBSURFACE CONDITIONS ............................................................................................................. 3 Stratigraphy .................................................................................................................................................... 3 Subsurface Water Conditions ..................................................................................................................... 4 ANALYSIS AND RECOMMENDATIONS ............................................................................................................ 4 Construction Consultation and Monitoring .............................................................................................. 4 Soil Movement ............................................................................................................................................... 5 FOUNDATION TYPE ............................................................................................................................................ 6 Slab on Grade Type of Foundation ........................................................................................................... 6 PTI PARAMETERS ................................................................................................................................................. 7 Building Pad Preparation ............................................................................................................................. 9 Select Fill ........................................................................................................................................................ 10 PAVEMENT RECOMENDATION ...................................................................................................................... 10 SITE GRADING and DRAINAGE ..................................................................................................................... 11 CLOSURE ........................................................................................................................................................... 12 ILLUSTRATIONS Pages LOCATION PLAN .................................................................................................................................... A BORING LOGS ....................................................................................................................................... 1-9 Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. - 1 - INTRODUCTION Project Description This report presents the results of the geotechnical investigation performed at the site of the referenced project located in Crowley, Texas. Based on the project information provided, it is our understanding that construction will consist of a residential development. Information regarding structural loads was not available at the time of this investigation however; we anticipate the loads will be light. It is expected that the finished floor elevation of the proposed building will be above surrounding ground surface. Site plan, grading plans and other information regarding the referenced project were not available at the time of this investigation. Site Description The site of the proposed project is located at southeast side of Floyd Hampton Road & FM 1187 intersection in the City of Crowley, Texas. At the time of this investigation, the site was an agricultural harvested corn field. The western section of the site was mowed in the month of January and eastern section was mowed in the month of March of 2019. Based on the visual observation, the drainage water from southern adjacent properties was diverted to the subject property as such standing water was noted in the southern sectio n of the site. The general location and orientation of the site is shown in the Illustrations section of this report. Purposes and Scope of Work The principal purposes of this investigation were: 1). developing subsurface soil and rock stratigraphy at the boring locations; 2). evaluating soil swell potential and alternatives to reduce the soil movement; 3). providing recommendations for foundation design parameters; 4). providing pavement recommendations and 5). providing site preparation recommendations. Report Format The first sections of the report describe the field and laboratory phases of the study. The remaining sections present our recommendations to guide design and preparation of plans and Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. - 2 - specifications. Boring logs and laboratory test results are presented in the Illustrations section of this report. FIELD INVESTIGATION The field portion of this study consisted of drilling and sampling five (5) test borings to a depth of 9.5 to 20 feet in the proposed building pads in the western section of the site on January 29, 2019 and the remaining four (4) test borings were drilled to a depth of 10.5 to 16.5 feet (a minimum of 5 feet in hard rock) in the eastern section of the site on March 20, 2019. The numbers of test borings drilled satisfy the Home Buyer Warranty (HBW) requirement. The approximate locations of the borings are shown on the Boring Location Plan - Plate A. Boring Logs with descriptions of the soils encountered are presented on Plates 1 to 9. Soil strata boundaries shown on the boring logs are approximate. The borings were advanced using continuous flight augers. Undisturbed cohesive soil samples were obtained using a 3-inch diameter thin-walled tube sampler pushed into the soil. The undrained compressive strength of cohesive soils was estimated in the field using a calibrated pocket penetrometer. To evaluate the relative density and consistency of harder formations, Texas Department of Transportation Cone Penetrometer tests were performed at selected locations. The actual test consists of driving a three-inch diameter cone with a 170-pound hammer freely falling 24 inches. In relatively soft materials, the penetrometer cone is driven one foot and the number of blows required for each six-inch penetration is tabulated at respective test depths, as blows per si x inches on the boring log. In hard materials, the penetrometer cone is driven with the resulting penetrations, in inches, accurately recorded for the first and second 50 blows for a total of 100 blows. The penetration for the total 100 blows is recorded at the respective testing depths on the boring log. All soil samples were extruded from the samplers in the field, visually classified, and placed in appropriate containers to prevent loss of moisture or disturbance during transfer to the laboratory. The borings were drilled using dry auger procedures to observe the water level (if any) at the time of the exploration. These water level observations are recorded on the boring logs. Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. - 3 - LABORATORY TESTING Engineering properties of the foundation soils were evaluated in the laboratory by tests performed on representative soil samples. A series of moisture content determinations were performed to develop soil moisture profiles and to aid in evaluating the uniformity of soil conditions at the boring locations. Liquid and Plastic limit tests (collectively termed "Atterberg limits"), dry unit weight determinations and the percentage passing the number 200 sieve tests were performed on the upper surface soil samples from the borings to confirm visual classification and to evaluate soil volume change potentials. Unconfined compressive strength was performed on the clay samples. The results of these tests are presented on the boring logs. Review Descriptions of strata made in the field were modified in accordance with results of laboratory tests and visual examination in the laboratory. All recovered soil samples were examined, classified and described in accordance with ASTM D 2487, ASTM D 2488 and Unified Soil Classification procedures. Classifications of the soils a nd finalized descriptions of soil strata are shown on the attached boring logs. GENERAL SUBSURFACE CONDITIONS Stratigraphy Based on our interpretations, the overall subsurface stratigraphy at the locations of the test borings drilled for this study consisted of clay followed by calcareous clay soils underlain by tan limestone sand deeper underlain by gray limestone. More specifically, the subsurface stratigraphy within the depths of the test Borings drilled consisted of brown followed by brown and tan CLAY (CH) soils with calcareous nodules form existing ground surface elevation to a depth of 3.5 to 8.5 feet. Below clay soils in test borings B-1, B-2 and B-4 to B-9, tan CALCAROEUS CLAY (CL) soils with limestone fragments were encountered and remained visible to a depth of 5 to 11 feet. Below 5 to 11 feet in test borings B-1, B-2 and B-4 to B-9 and below 2 feet in test boring B-3, tan weathered LIMESTONE with calcareous clay seams were encountered and remained visible to a depth of 16.5 feet in test borings B-2 and B-5, and to the completion depth of the remaining test borings B-1, B-3, B-4 and B-6 to B-9 drilled. Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. - 4 - At 16.5 feet in test borings B-2 and B-5, gray LIMESTONE was encountered and remained visible to the completion depth of test borings B-2 and B-5 drilled. Detailed descriptions of the subsurface stratigraphy encountered at the locations of the test borings drilled for this study are included in the Illustrations section of this report. Subsurface Water Conditions The borings were advanced using auger drilling methods in order to obs erve groundwater seepage levels. At the time of this investigation, “Perched” ground water seepage was encountered to a depth of 12, 6 and 9 feet during drilling and to a depth of 4, 6 and 9.5 feet upon completion of drilling in the test borings B-4, B-8 and B-9 respectively. No groundwater seepage was encountered within the remaining test borings drilled for this study. It should be noted that the depth to subsurface water will be affected by changes in atmospheric conditions and future construction activities may alter the surface and subsurface drainage characteristics of the site. With regard to the aforementioned, we recommend that the depth to subsurface water be checked prior to and during construction. Any changes from the subsurface conditions described in this report should be communicated to this office immediately so that a review of the design recommendations can be made. Based upon short-term observations, it is not possible to accurately predict the magnitude of subsurface water fluctuations that might occur. In addition, it is not uncommon to detect water seepage within the fractures of the soils particularly after periods of heavy rainfall. ANALYSIS AND RECOMMENDATIONS Construction Consultation and Monitoring We recommend that GETI be given the opportunity to review the final design drawings and specifications in order to evaluate if recommendations in this report have been properly interpreted. Wide variations in soil conditions are known to exist between the borings, particularly at this site. Further unanticipated variations in subsurface conditions may become evident during construction. During excavation and foundation phases of the work, we recommend that a reputable geotechnical engineering firm be retained to provide construction surveillance services in order to 1) observe compliance with the geotechnical design concepts, specifications and recommendations, and 2) to observe subsurface conditions during Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. - 5 - construction to verify that the conditions are as anticipated, based on the findings of this investigation. Soil Movement The near surface soils encountered at this site exhibited Plasticity Indices of 26 to 56. Based on the plasticity indices, these soils are considered as moderately to highly expansive in nature and prone to vertical movement as changes occur in soil moisture conditions. The magnitude of the moisture induced vertical movement was calculated using the Department of Transportation method in conjunction with current moisture content and dry soil condition and using the laboratory data from the results of swell tests performed on the selected samples . Based on the aforementioned methods, the estimated moisture induced Potential vertical movement of the soils at the time of this investigation is at the location of the test borings drilled is on the order of 3.5 to 4 inches. Considerably more movement will occur in areas where water ponding is allowed to occur during and/or after construction –or- fill soils other than select fill soils are planned for use. Site grading may also increase or decrease the potential for the movement. If reduction in potential vertical movement (PVR) of soil is required, then we recommend soil improvement by moisture conditioning method. • Moisture conditioning method: To reduce PVR to ±2.5 inches, remove the all brown clay soils to top of the tan calcareous clay from the finished grade elevation and stockpile. The exposed surface area should be watered proof-rolled with heavy equipment. The previously removed soils should be placed back in 6 to 8 inches loose lifts and mixed thoroughly to form a homogenous consistent soil and each lift should be compacted to between 93 and 98 percent of the maximum standard proctor dry density. Moisture contents of the soils should be a minimum of 4 points above optimum. We recommend the improvements extend an additional 5 feet beyond the perimeter of the building pad and all the areas sensitive to the soil swell potential. Field density tests should be taken at the rate of at least one test per each 2,500 square feet, per lift, in the area of all compacted fill. For areas where hand tamping is required, the testing frequency should be increased to approximately one test per lift, per 100 linear feet of area. Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. - 6 - Construction of the building slab should start shortly upon completion of the subgrade improvement process. We recommend covering the moisture conditioned pad with an impermeable moisture barrier and 6 inches of loose soils should be spread on top of impermeable barrier until the time of construction to keep the moisture from evaporating. FOUNDATION TYPE Slab on Grade Type of Foundation The recommendations provided in this report are valid for ±2 feet cut and or fill. In the event fill greater than 2 feet if planned then PVR should be re-evaluated and the foundation recommendations may require updating. Slab-on-grade type foundation system is a feasible option for use at this site provided : • All the vegetations, organic matters, trees and tree roots (if any) are removed and disposed of off-site. • The risk of some post-construction movement is acceptable. Slab on grade type of foundation system require periodic cosmetic repairs to building finishes. Additionally, there is a risk that the ground movements could be greater than anticipated which could lead to the need for more extensive repairs. These circumstances are most often associated with poor drainage around the slab perimeter, sub-slab plumbing leaks, or trees or shrubs planted too close to the foundation. The potential for these movements, risks associated with long-term performance of slab-on-grade foundations, and owner/tenant maintenance responsibilities should be fully understood. • The foundation is designed to resist the anticipated vertical movement or the PVR is reduced to more tolerable limits by moisture conditioning method as outlined in previous section of this report. • Additional fill soil if is required should consist of select soils. The slab may be a grid-type grade beam and slab reinforced with conventional rebars or post tension strands. The foundation should be designed with exterior and interior grade beams adequate to provide sufficient rigidity to the foundation system to sustain the vertical soil movements expected at this site. The depth of the grade beam should be at least 2 feet and width should be 10 inches. A net allowable soil bearing pressure of 1,500 psf can be used for Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. - 7 - natural soils and moisture conditioned soils. The bottom of the beams should be free of any loose or soft material prior to the placement of the concrete. All grade beams and floor slabs should be adequately reinforced to minimize cracking as nor mal movements occur in the foundation soils. Also, a moisture barrier of polyethylene sheeting or similar material should be placed between the slab and the subgrade soils to retard moisture migration through the slab. It should be understood by all parties that a soil-supported foundation system will experience movement with time. PTI PARAMETERS Based on the soil conditions encountered at the location of the test borings drilled for this study, and, referring to the guide provided in the “Design and Constr uction of Post-Tensioned Slabs on Ground”, (published by Post-Tensioning Institute (PTI), the structure can be supported on a foundation system comprised of post-tensioned slab. The “VOLFLO” computer program was used to estimate swell/shrinkage. The soil parameters to be utilized for design are as follows: POST-TENSION PARAMETERS Based on current soil condition (Post-Tensioning Institute Third Edition with 2008 Supplement Design) Minimum Grade Beam Depth: 24 Inches Edge Moisture Variation Distance: Center Lift: 6.7 ft. Edge Lift: 3.6 ft. Minimum Grade Beam Width: 10 Inches Plasticity Index (PI) 0-5’ PI: 53 5-20’ PI: 20 Differential Swell/shrinkage Swell: 3.3 inches Shrink: 2.1 inches Depth to Constant Soil Suction: Approximately 10- ft Principal Clay Mineral: Montmorillonite Allowable bearing capacity of the bottom of the grade beams: 1,500 psf Constant Suction Value: Fabric factor pF = 3.6 1 Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. - 8 - POST-TENSION PARAMETERS Based on current soil condition (Post-Tensioning Institute Third Edition with 2008 Supplement Design) Thornthwaite Moisture Index: -3 Slab subgrade coefficient Slab-on-sand bedding: 1.00 Slab-on-polyethylene over sand: 0.75 Estimated Total Settlement: Less than 1-in. Estimated Moisture Velocity: 0.7 in/month Note 1: If the perimeter grade beams extend into the soil to provide an effective 30-inch vertical barrier to moisture movement, edge and center lift associated with differential swell/shrink become 2.4 and 1.4 inches, respectively. POST-TENSION PARAMETERS After Moisture Conditioning to top of the calcareous clay (PVR of ±2.5 inches) (Post-Tensioning Institute Third Edition with 2008 Supplement Design) Minimum Grade Beam Depth: 24 Inches Edge Moisture Variation Distance: Center Lift: 6.7 ft. Edge Lift: 3.6 ft. Minimum Grade Beam Width: 10 Inches Plasticity Index (PI) 0-5’ PI: 53 5-20’ PI: 20 Differential Swell/shrinkage Swell: 2.9 inches Shrink: 1.8 inches Depth to Constant Soil Suction: Approximately 10- ft Principal Clay Mineral: Montmorillonite Allowable bearing capacity: Moisture conditioned soils: 1,500 psf Constant Suction Value: Fabric factor pF = 3.6 1 Thornthwaite Moisture Index: -3 Slab subgrade coefficient Slab-on-sand bedding: 1.00 Slab-on-polyethylene over sand: 0.75 Estimated Total Settlement: Less than 1-in. Estimated Moisture Velocity: 0.7 in/month Note 1: If the perimeter grade beams extend into the soil to provide an effec tive 30-inch vertical barrier to moisture movement, edge and center lift associated with differential swell/shrink become 2.1 and 1.1 inches, respectively. Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. - 9 - The PTI differential soil movements estimates do not account for site preparation and vegetative influences, such as prior trees and residential landscaping, which can greatly influence foundation performance. The actual performance of slab -on-grade foundations will largely depend on actual soil moisture conditions, construction techniques, site preparat ion and landscaping. The construction of post-tensioned slabs requires close attention to detail during construction. It should also be noted that the trees will absorb the moisture from the soils underneath the foundation and cause the foundation soils to shrink resulting in foundation distress. As such, we recommend a root barrier be installed between the trees and the foundation to avoid any foundation distress in future. The root barrier should be at least 4 feet deep and all the roots encountered should be cut. Corrugated roofing, commercial rubber roll or other such type materials should be used as a root barrier material. Seams in the barrier material should be overlapped at least 18 inches. Some roots may be deeper than the root barrier and may continue to negatively affect the foundation. Building Pad Preparation Prior to placing any additional fill material, all existing vegetation, organic matters, loose and fill (if any) soils, trees and tree roots (if any) should be removed and disposed of off-site until hard stratum is encountered. The exposed surface should then be scarified to a minimum depth of 6 inches water as required and compacted between 95 and 100 percent of the maximum dry density as defined by ASTM D 698 (Standard Proctor Test). Moisture contents of the soils should be between optimum and 4 points above optimum. After removal of all referenced items, if reduction in vertical soil movement is required, then the subgrade soils should be improved by moisture conditioning method as outlined in previous section of this report. Additional fill soils if required should consist of select fill soils. Select Fill materials should be placed in six (6) to eight (8)-inch loose lifts at moisture contents between optimum and 3 percentage points above optimum. Each lift compacted to between 95 and 100 percent of the maximum dry density as defined in ASTM D 698. Field density tests should be taken at the rate of one test per every 2,500 square feet per lift, or a minimum of 3 tests per lift in the area of all compacted fill. For areas where hand tamping is required, the testing frequency should be increased to approximately one test per lift, per 100 linear feet of area. Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. - 10 - Select Fill "Select fill," as referred to in this report, should consist of clayey sands free of organic materials with a Plasticity Index between 6 and 16, a Liquid Limit of 38 or less, and between 15 and 45 percent passing a No. 200 sieve. Placement and compaction of the select fill should be performed in accordance with the "Building Pad Preparation" section of this report. It is preferable to place the select fill above the surrounding ground surface. The provision of a subsurface drainage system will be required in areas where the select fill is placed below the surrounding ground surface. PAVEMENT RECOMENDATION General Specific wheel loading and traffic volume characteristics were not available at the time of this investigation. However, we have assumed that light passenger vehicle traffic will be most predominant in the parking areas and the relatively heavier fire truck traffic will occur in the drive areas area around and behind the structure, and in the fire lane. Based on assumed loading conditions, we have developed the following Portland Cement concrete pavement design sections for use at this site. Minimum Thickness (inches) Street Portland Cement Concrete 7 Minimum Lime Stabilized Subgrade 6 Compacted Subgrade Soils 6 Prior to the placement of any fill in the pavement area, we recommend that all the existing all existing vegetation, loose and fill (if any) soils, trees and tree roots (if any) should be removed and disposed of off-site until hard stratum is encountered. The exposed surface should then be proof rolled with heavy equipment. The exposed subgrade should be scarified to a depth of 6 inches water as required and compacted to 95 and 100 percent of maximum dry density as defined by ASTM D 698 (Standard Proctor Test), at moisture content between optimum and 4 points above optimum. The upper six inches of subgrade soils should then be stabilized with lime. We estimate approximately 6 to 8 percent of hydrated lime (32 to 3 8 lbs/yard for 6-inch-thick-soil) will be required to stabilize the subgrade soils (to reduce the plasticity index to 15 or less). It should be Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. - 11 - noted that after the final grade is complete, the actual amount of lime required should be calculated by lime series test in the laboratory. The lime stabilized soils should be compacted to a minimum of 95 percent of maximum dry density with the moisture content between optimum and 4 points above optimum. Field density tests should be taken at the rate of one test per every 5,000 square feet per lift. Some differential movement in the pavement is anticipated over time due to the swelling of the subgrade clays at this site. Design of the concrete pavement should specify a minimum 28 -day concrete compressive strength of 4,000 psi for all the pavement with 4 percent to 6 percent entrained air. The concrete should be placed within one and one -half hours of batching. During hot weather, the concrete placement should follow ACI 311 Hot Weather concreting and in no case should the concrete temperature be allowed to exceed 95ºF. To avoid excessive heat periods, consideration should be given to limiting concrete p lacement to a time of day that will minimize large differences in the ambient and concrete temperature. Past experience indicates that pavements with sealed joints on 15 to 20 -foot spacings, cut to a depth of at least one-quarter of the pavement thickness, generally exhibit less uncontrolled post- construction cracking than pavements with wider spacings. As a minimum, expansion joints should be used wherever the pavement abut a structural element subject to a different magnitude of movement, e.g., light poles, retaining walls, existing pavement, building walls, or manholes. After construction, the construction and expansion joints should be inspected periodically and resealed, if necessary. The pavement should be reinforced using at least No. 4 bars, 24 inches on center should be used. SITE GRADING and DRAINAGE All grading should provide positive drainage away from the proposed structures and should prevent water from collecting or discharging near the foundations. Water must not be permitted to pond adjacent to the structures during or after construction. Surface drainage gradients should be designed to divert surface water away from the buildings and edges of pavements and towards suitable collection and discharge facilities. Unpaved areas and permeable surfaces should be provided with steeper gradients than paved areas. Pavement drainage gradients within 5 feet of buildings should be constructed with a minimum slope of one inch per foot to prevent negative drainage gradients (ponding water conditions) Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. - 12 - from developing due to differential upward pavement movements. Sidewalk drainage gradients should be along maximum slopes allowed by local codes. Roofs should be provided with gutters and downspouts to prevent the discharge of rainwater directly onto the ground adjacent to the building foundations. Downspouts should not discharge into any landscaped bed near the foundations. Downspouts should discharge directly into storm drains or drainage swales, if possible. Roof downspouts and surface drain outlets should discharge into erosion-resistant areas, such as paving or rock riprap. Recessed landscaped areas filled with pervious sandy loam or organic soil should not be used near the foundation. Landscaped beds should be elevated above a compacted and well-graded clay surface. Sealed planters are preferred. All trees should be a minimum of one -half their mature height away from the building or pavement edges to reduce potential moisture losses. Water permitted to pond in planters, open areas, or areas with unsealed joints next to structures can result in on-grade slab or pavement movements, which exceed those, indicated in this report. Exterior sidewalks and pavements will be subject to some post construction movement as indicated in this report. These potential movements should be considered during preparation of the grading plan. Flat grades should be avoided. Where concrete pavement is used, joints should be sealed to prevent the infiltration of water. Some post -construction movement of pavement and flatwork may occur. Particular attention should be given to joints around the building. These joints should be periodically inspected and resealed where necessary. It should be noted that due to deeper depth of fill soils some settling of the fill soils may occur in future. CLOSURE It should be noted that some variations in soil and moisture conditions may exist between boring locations. Statements in this report as to subsurface variations over given areas are intended as estimations only, based upon the data obtained from specific boring locations. The results, conclusions, and recommendations contained in this report are directed at, and intended to be utilized within the scope of work outlined in this report. The report is not intended for use in any other manner. Geoscience Engineering and Testing, Inc., makes no claim or representation concerning any activity or condition falling outside the specified purposes for which this report is directed; said purposes being specifically limited to the scope of work as defined herein. Inquiries regarding scope of work, activities and/or conditions not specifically outlined herein, should be directed to GETI. Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. ILLUSTRATIONS Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas GEOSCIENCE, Inc. Approximate Boring Location GETI Project No.: 18-DG9350 - Updated BORING LOCATION PLAN Proposed RESIDENTIAL DEVELOPMENT Floyd Hampton Road & FM 1187 Crowley, Texas Plate A 0 5 10 15 20 25 30 P4.0 P2.25 P4.5+ P4.5+ T100/3" 4 11 15.5 Brown CLAY (CH) with calcareous nodules -brown and tan below 3' Tan CALCAREOUS CLAY (CL) with limestone fragments Tan weathered LIMESTONE with calcareous clay seams auger refusal @ 15.5' 24 33 16 12 9 8 79 26 53 93 1.5 81 LOG OF BORING NO. B-1 Proposed "Residential Development" Floyd Hampton Road & FM 1187 Crowley, Texas Project No. 18-DG9350 REMARKS: TUBE SAMPLE AUGER SAMPLE SPLIT- SPOON ROCK CORE THD CONE PEN. NO RECOVERYDEPTH (ft.)FIELD DATA SOIL & ROCKSYMBOLSAMPLE TYPEP: HAND PEN., TSFT: THD, BLOWS/FT.N: SPT, BLOWS/FT.STRATUM DEPTH(FT.)DESCRIPTION OF STRATUM Location:See Location Plan Surface Elevation:Unknown Drilling Method:CFA Date Boring Drilled:01/29/2019 Completion Depth:15.5 Groundwater Information: Seepage Encountered During Drilling:None Upon Completion:Dry WATER CONTENT, %LABORATORY DATA LIQUID LIMITPLASTIC LIMITPLASTICITY INDEXUNIT DRY WEIGHT(PCF)UNCONFINEDSTRENGTH(TSF)% PASSING NO. 200SIEVESOIL SUCTION TEST(TOTAL CM. OFWATER)Plate 1Geoscience Engineering & Testing 0 5 10 15 20 25 30 P2.5 P4.5+ P3.5 T100/2" T100/ 1.5" T100/1" 2 7 16.5 20 Brown CLAY (CH) with calcareous nodules Tan CALCAREOUS CLAY (CL) with limestone fragments Tan weathered LIMESTONE with calcareous clay seams Gray LIMESTONE 27 20 22 12 10 8 9 45 20 25 53 LOG OF BORING NO. B-2 Proposed "Residential Development" Floyd Hampton Road & FM 1187 Crowley, Texas Project No. 18-DG9350 REMARKS: TUBE SAMPLE AUGER SAMPLE SPLIT- SPOON ROCK CORE THD CONE PEN. NO RECOVERYDEPTH (ft.)FIELD DATA SOIL & ROCKSYMBOLSAMPLE TYPEP: HAND PEN., TSFT: THD, BLOWS/FT.N: SPT, BLOWS/FT.STRATUM DEPTH(FT.)DESCRIPTION OF STRATUM Location:See Location Plan Surface Elevation:Unknown Drilling Method:CFA Date Boring Drilled:01/29/2019 Completion Depth:20 Groundwater Information: Seepage Encountered During Drilling:None Upon Completion:Dry WATER CONTENT, %LABORATORY DATA LIQUID LIMITPLASTIC LIMITPLASTICITY INDEXUNIT DRY WEIGHT(PCF)UNCONFINEDSTRENGTH(TSF)% PASSING NO. 200SIEVESOIL SUCTION TEST(TOTAL CM. OFWATER)Plate 1Geoscience Engineering & Testing 0 5 10 15 20 25 30 P2.5 T100/ 2.5" T100/ 1.5" 2 9.5 Brown CLAY (CH) with calcareous nodules Tan weathered LIMESTONE with calcareous clay seams auger refusal @ 9.5' 24 8 8 54 21 33 LOG OF BORING NO. B-3 Proposed "Residential Development" Floyd Hampton Road & FM 1187 Crowley, Texas Project No. 18-DG9350 REMARKS: TUBE SAMPLE AUGER SAMPLE SPLIT- SPOON ROCK CORE THD CONE PEN. NO RECOVERYDEPTH (ft.)FIELD DATA SOIL & ROCKSYMBOLSAMPLE TYPEP: HAND PEN., TSFT: THD, BLOWS/FT.N: SPT, BLOWS/FT.STRATUM DEPTH(FT.)DESCRIPTION OF STRATUM Location:See Location Plan Surface Elevation:Unknown Drilling Method:CFA Date Boring Drilled:01/29/2019 Completion Depth:9.5 Groundwater Information: Seepage Encountered During Drilling:None Upon Completion:Dry WATER CONTENT, %LABORATORY DATA LIQUID LIMITPLASTIC LIMITPLASTICITY INDEXUNIT DRY WEIGHT(PCF)UNCONFINEDSTRENGTH(TSF)% PASSING NO. 200SIEVESOIL SUCTION TEST(TOTAL CM. OFWATER)Plate 3Geoscience Engineering & Testing 0 5 10 15 20 25 30 P2.5 P3.75 P4.5+ P4.5+ T100/ 3.7" T100/3" 4 8 15 Brown CLAY (CH) with calcareous nodules Tan CALCAREOUS CLAY (CL) with limestone fragments Tan weathered LIMESTONE with calcareous clay seams auger refusal @ 15' 26 26 15 13 10 10 89 28 61 96 1.7 LOG OF BORING NO. B-4 Proposed "Residential Development" Floyd Hampton Road & FM 1187 Crowley, Texas Project No. 18-DG9350 REMARKS: TUBE SAMPLE AUGER SAMPLE SPLIT- SPOON ROCK CORE THD CONE PEN. NO RECOVERYDEPTH (ft.)FIELD DATA SOIL & ROCKSYMBOLSAMPLE TYPEP: HAND PEN., TSFT: THD, BLOWS/FT.N: SPT, BLOWS/FT.STRATUM DEPTH(FT.)DESCRIPTION OF STRATUM Location:See Location Plan Surface Elevation:Unknown Drilling Method:CFA Date Boring Drilled:01/29/2019 Completion Depth:15 Groundwater Information: Seepage Encountered During Drilling:None Upon Completion:Dry WATER CONTENT, %LABORATORY DATA LIQUID LIMITPLASTIC LIMITPLASTICITY INDEXUNIT DRY WEIGHT(PCF)UNCONFINEDSTRENGTH(TSF)% PASSING NO. 200SIEVESOIL SUCTION TEST(TOTAL CM. OFWATER)Plate 4Geoscience Engineering & Testing 0 5 10 15 20 25 30 P2.5 P1.5 P4.0 T100/ 3.7" T100/ 2.7" 4 9.5 16.5 20 Brown CLAY (CH) with calcareous nodules Tan CALCAREOUS CLAY (CL) with limestone fragments Tan weathered LIMESTONE with calcareous clay seams Gray LIMESTONE 27 31 19 16 21 17 13 58 22 36 90 1.1 LOG OF BORING NO. B-5 Proposed "Residential Development" Floyd Hampton Road & FM 1187 Crowley, Texas Project No. 18-DG9350 REMARKS: TUBE SAMPLE AUGER SAMPLE SPLIT- SPOON ROCK CORE THD CONE PEN. NO RECOVERYDEPTH (ft.)FIELD DATA SOIL & ROCKSYMBOLSAMPLE TYPEP: HAND PEN., TSFT: THD, BLOWS/FT.N: SPT, BLOWS/FT.STRATUM DEPTH(FT.)DESCRIPTION OF STRATUM Location:See Location Plan Surface Elevation:Unknown Drilling Method:CFA Date Boring Drilled:01/29/2019 Completion Depth:20 Groundwater Information: Seepage Encountered During Drilling:12 Upon Completion:4 WATER CONTENT, %LABORATORY DATA LIQUID LIMITPLASTIC LIMITPLASTICITY INDEXUNIT DRY WEIGHT(PCF)UNCONFINEDSTRENGTH(TSF)% PASSING NO. 200SIEVESOIL SUCTION TEST(TOTAL CM. OFWATER)Plate 5Geoscience Engineering & Testing 0 5 10 15 20 25 30 P2.75 P4.5+ T100/ 2.2" 3.5 5 10.5 Tannish brown CLAY (CH) with calcareous nodules Tan CALCAREOUS CLAY (CL) with limestone fragments Tan weathered LIMESTONE with calcareous clay seams auger refusal @ 10.5' 19 20 18 12 50 18 32 102 2.3 62 LOG OF BORING NO. B-6 Proposed "Residential Development" Floyd Hampton Road & FM 1187 Crowley, Texas Project No. 18-DG9350 REMARKS: TUBE SAMPLE AUGER SAMPLE SPLIT- SPOON ROCK CORE THD CONE PEN. NO RECOVERYDEPTH (ft.)FIELD DATA SOIL & ROCKSYMBOLSAMPLE TYPEP: HAND PEN., TSFT: THD, BLOWS/FT.N: SPT, BLOWS/FT.STRATUM DEPTH(FT.)DESCRIPTION OF STRATUM Location:See Location Plan Surface Elevation:Unknown Drilling Method:CFA Date Boring Drilled:03/20/2019 Completion Depth:10.5 Groundwater Information: Seepage Encountered During Drilling:None Upon Completion:Dry WATER CONTENT, %LABORATORY DATA LIQUID LIMITPLASTIC LIMITPLASTICITY INDEXUNIT DRY WEIGHT(PCF)UNCONFINEDSTRENGTH(TSF)% PASSING NO. 200SIEVESOIL SUCTION TEST(TOTAL CM. OFWATER)Plate 6Geoscience Engineering & Testing 0 5 10 15 20 25 30 P3.0 P1.5 T100/ 2.7" T100/ 2.5" 4 6 12 Tannish brown CLAY (CH) with calcareous nodules Tan CALCAREOUS CLAY (CL) with limestone fragments Tan weathered LIMESTONE with calcareous clay seams auger refusal @ 12' 23 32 19 12 14 63 25 38 90 1.1 71 LOG OF BORING NO. B-7 Proposed "Residential Development" Floyd Hampton Road & FM 1187 Crowley, Texas Project No. 18-DG9350 REMARKS: TUBE SAMPLE AUGER SAMPLE SPLIT- SPOON ROCK CORE THD CONE PEN. NO RECOVERYDEPTH (ft.)FIELD DATA SOIL & ROCKSYMBOLSAMPLE TYPEP: HAND PEN., TSFT: THD, BLOWS/FT.N: SPT, BLOWS/FT.STRATUM DEPTH(FT.)DESCRIPTION OF STRATUM Location:See Location Plan Surface Elevation:Unknown Drilling Method:CFA Date Boring Drilled:03/20/2019 Completion Depth:12 Groundwater Information: Seepage Encountered During Drilling:None Upon Completion:Dry WATER CONTENT, %LABORATORY DATA LIQUID LIMITPLASTIC LIMITPLASTICITY INDEXUNIT DRY WEIGHT(PCF)UNCONFINEDSTRENGTH(TSF)% PASSING NO. 200SIEVESOIL SUCTION TEST(TOTAL CM. OFWATER)Plate 7Geoscience Engineering & Testing 0 5 10 15 20 25 30 P1.75 P3.0 P4.5 P4.5+ T100/ 2.2" 8.5 10.5 16.5 Tannish brown CLAY (CH) with calcareous nodules and gravel seams Tan CALCAREOUS CLAY (CL) with limestone fragments Tan weathered LIMESTONE with calcareous clay seams auger refusal @ 16.5' 25 22 20 12 11 80 60 24 23 56 37 108 78 LOG OF BORING NO. B-8 Proposed "Residential Development" Floyd Hampton Road & FM 1187 Crowley, Texas Project No. 18-DG9350 REMARKS: TUBE SAMPLE AUGER SAMPLE SPLIT- SPOON ROCK CORE THD CONE PEN. NO RECOVERYDEPTH (ft.)FIELD DATA SOIL & ROCKSYMBOLSAMPLE TYPEP: HAND PEN., TSFT: THD, BLOWS/FT.N: SPT, BLOWS/FT.STRATUM DEPTH(FT.)DESCRIPTION OF STRATUM Location:See Location Plan Surface Elevation:Unknown Drilling Method:CFA Date Boring Drilled:03/20/2019 Completion Depth:16.5 Groundwater Information: Seepage Encountered During Drilling:6 Upon Completion:6 WATER CONTENT, %LABORATORY DATA LIQUID LIMITPLASTIC LIMITPLASTICITY INDEXUNIT DRY WEIGHT(PCF)UNCONFINEDSTRENGTH(TSF)% PASSING NO. 200SIEVESOIL SUCTION TEST(TOTAL CM. OFWATER)Plate 8Geoscience Engineering & Testing 0 5 10 15 20 25 30 P1.0 P2.0 P4.0 T100/ 4.5" T100/ 2.5" 4 6 14 Tannish brown CLAY (CH) with calcareous nodules and gravel seams Tan CALCAREOUS CLAY (CL) with limestone fragments Tan weathered LIMESTONE with calcareous clay seams auger refusal @ 14' 19 20 16 18 28 15 50 40 20 17 30 23 105 2.7 53 LOG OF BORING NO. B-9 Proposed "Residential Development" Floyd Hampton Road & FM 1187 Crowley, Texas Project No. 18-DG9350 REMARKS: TUBE SAMPLE AUGER SAMPLE SPLIT- SPOON ROCK CORE THD CONE PEN. NO RECOVERYDEPTH (ft.)FIELD DATA SOIL & ROCKSYMBOLSAMPLE TYPEP: HAND PEN., TSFT: THD, BLOWS/FT.N: SPT, BLOWS/FT.STRATUM DEPTH(FT.)DESCRIPTION OF STRATUM Location:See Location Plan Surface Elevation:Unknown Drilling Method:CFA Date Boring Drilled:03/20/2019 Completion Depth:14 Groundwater Information: Seepage Encountered During Drilling:9 Upon Completion:9.5 WATER CONTENT, %LABORATORY DATA LIQUID LIMITPLASTIC LIMITPLASTICITY INDEXUNIT DRY WEIGHT(PCF)UNCONFINEDSTRENGTH(TSF)% PASSING NO. 200SIEVESOIL SUCTION TEST(TOTAL CM. OFWATER)Plate 9Geoscience Engineering & Testing