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HomeMy WebLinkAboutContract 57401-PM1CSC No. 57401-PM1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 8 SECTION 00 0010 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARD�D PRO.iECTS CITY PROJ. No.:103495 Revised March 20, 2020 Division 00 - General Conditions Last Revised 00 00 00 STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Date Division 02 - Existin Conditions Modified n�� c,.i,,,,+:..o c;,,. no.,,,,r,,-:,.� n�� m�� n,,,,:�,� n,,..,,,..,.i Division 03 - Concrete Division 26 - Electrical CITY OF FORT WORTH NORTHSTAR- SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DGVELOPER AWARDGD PROJECTS CITY PROJ. No.:103495 Revised March 20, 2020 Division 31- Earthwork Division 33 - Utilities 33 O1 30 Sewer and Manhole Testin 33 O1 31 Closed Circuit Television CCTV Ins ection �-A �� nn in �-�o 2�� r,. � n,-.„�..,,i rr ,- e+ +• 1 V 1 ■ vJTI�LAi1VITJ � i�� 33 04 40 Cleanin and Acce tance Testin of Water Mains 33 04 50 Cleanin of Sewer Mains 33 OS 10 Utilit Trench Excavation, Einbedment, and Backfill 33 OS 12 Water Line Lowerin 33 OS 13 Frame, Cover and Grade Rin s- Cast Iron 33 OS 13.10 Frame Cover and Grade Rings - Composite 33 OS 14 33 OS 16 33 OS 17 2���� 33-�$-��- � ��� ��--AS-2� �--3--8-5-�4 33 OS 26 33 OS 30 33 11 OS 33 11 10 33 11 11 33 11 12 �-�-3 �4 ��� 33 12 10 � ��� 33 12 20 33 12 21 33 12 25 ��8 33 12 40 �8 33 12 60 �3-�-� �--� � Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade Concrete Water Vaults Concrete Collars ' „� Utility Markers/Locators Location of Existing Utilities Bolts, Nuts, and Gaskets Ductile Iron Pipe Ductile Iron Fittings Polyvinyl Chloride (PVC) Pressure Water Services 1-inch to 2-inch Resilient Seated Gate Valve AWWA Rubber-Seated Butterfly Valves Connection to Existin� Water Mains Fire Standard Blow-off Valve CITY OF FORT WORTH NORTHSTAR - SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CITY PROJ. No.:103495 Revised Mazch 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 8 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 8 CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. No.:103495 Revised Mazch 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 8 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httn://fortworthtexas.gov/tpw/contractors/ or l�ttps://apns.fortworthtexas.�o��/ProiectResources/ Division 02 - Existin Conditions 02 41 13 Selective Site Demolition 02 41 14 Utili Removal/Abandonment 02 41 15 Pavin� Removal Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Stren th Material CLSM 03 34 16 Concrete Base Material for Trench Re air 03 80 00 Modifications to Existin� Concrete Structures Division 26 - Electrical Last Revised 12/20/2012 12/20/2012 02/02/2016 12/20/2012 12/20/2012 12/20/2012 12/20/2012 CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. No.:103495 Revised March 20, 2020 Division 31 - Earthwork 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 8 Division 33 - Utilities 33 O1 30 Sewer and Manhole Testin 12/20/2012 33 O1 31 Closed Circuit Television CCTV Ins ection 03/03/2016 33 03 10 B ass Pum in of Existin Sewer S stems 12/20/2012 33 04 10 Joint Bondin and Electrical Isolatioii 12/20/2012 33 04 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Ma nesium Anode Cathodic Protection S stem 12/20/2012 33 04 30 Tem ora Water Services 07/O1/2011 33 04 40 Cleanin and Acce tance Testin of Water Mains 02/06/2013 33 04 50 Cleanin of Sewer Mains 12/20/2012 33 OS 10 Utili Trench Excavation, Embedment, and Backfill 12/12/2016 33 OS l2 Water Line Lowerin 12/20/2012 33 OS 13 Frame, Cover and Grade Rin s— Cast Iron Ol/22/2416 33 OS 13.10 Frame, Cover and Grade Rin s— Com osite O1/22/2016 33 OS 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 12/20/2012 Grade 33 OS 16 Concrete Water Vaults 12/20/2012 33 OS 17 Concrete Collars 12/20/2012 33 OS 20 Au er Borin 12/20/2012 33 OS 21 Tunnel Liner Plate 12/20/2012 33 OS 22 Steel Casin Pi e 12/20/2012 33 OS 23 Hand Tunnelin 12/20/2012 33 OS 24 Installation of Carrier Pi e in Casin or Tunnel Liner Plate 06/19/2013 33 QS 26 Utili Markers/Locators 12/20/2012 33 OS 30 Location of Existin Utilities 12/20/2012 33 11 OS Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pi e 12/20/2012 33 11 11 Ductile Iron Fittin s 12/2a/2012 33 11 12 Pol vin 1 Chloride PVC Pressure Pi e I 1/16/2018 33 11 13 Concrete Pressure Pi e, Bar-Wra ed, Steel C linder T e 12/20/2012 33 11 14 Buried Steel Pi e and Fittin s 12/20/2012 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Lar e Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 12/20/2012 33 12 21 AWWA Rubber-Seated Butterfl Valves 12/20/2012 33 12 25 Connection to Existin Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water S stems 12/20/2012 33 12 40 Fire H drants O1/03/2014 33 12 50 Water Sam le Stations 12/20/2012 CITY OF FORT WORTH NORTHSTAR— SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. No.:103495 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 7 of 8 33 12 60 33 31 12 33 31 13 33 31 15 333120 33 31 21 333122 33 31 23 33 31 50 33 31 70 33 39 10 33 39 20 33 39 30 33 39 40 33 39 60 33 41 10 33 41 11 33 41 12 33 46 40 33 46 O1 33 46 02 33 49 10 33 49 20 33 49 40 Standard Blow-off Valve Assembly Cured in Place Pipe (CIPP) Fiber�lass Reinforced Pipe for Gravity Sanitary Sewers High Density Polyethylene (HDPE) Pipe for Sanitary Sewer Polyvinyl Chloride (PVC) Gravity Sanita Sewer Pipe Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Sanitary Sewer Slip Lining Sanitary Sewer Pipe Enlargement Sanitary Sewer Service Connections and Service Line Combination Air Valve for Sanita Sewer Force Mains Cast-in-Place Concrete Manholes Precast Goncrete Manhales Fiberglass Manholes Wastewater Access Chainber (WAC) Epoxy Liners for Sanita Sewer Structures Reinforced Concrete Storm Sewer Pipe/Culverts High Density Polyethylene (HDPE) Pipe for Stonn Drain Reinforced Polyethlene (SRPE) Pipe Subdrainage Slotted Storm Drains Trench Drains Cast-in-Place Manholes and Junction Boxes Curb and Drop Inlets Stonn Draina�e Headwalls and Win�walls a6ii9iaoi3 12/20/2012 12/20/201 Z 12/20/2012 06/ 19/2013 12i2oi2o 12 12/20/2012 12/20/2012 04/26/2013 12/20/2012 12/20/2012 12/20/2012 12/20/2012 12/20/2012 12/20/2012 07/01 /2011 12/20/2012 11/13/2015 12/20/2012 07/O 1 /2011 07/O 1 /2011 12/20/2012 12/20/2012 07/O1/2011 CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. No.:103495 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 8 of 8 Appendix �� 4 ni n �t t,•�•+. �r ,a . v 1 r r`vLcnc'r1uv�7T—G[ci1cT3 GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities �"�-r' 4 .-� Ts ,a �--� '-�-�ne���l-Ge�ex-a�t�c a� �.-� ���-i�t-s-a T't�l-i� f�-�.-�z4 ,.T,,..�,:,.c�i-��t-�en GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH NORTHSTAR— SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. No.:103495 Revised Mazch 20, 2020 00 11 13 INVITATION TO BIDD�RS Page 1 of 2 SECTION 00 11 13 INVITATION TO BIDDERS DEVELOPER AWARDED CONTRACTS FOR PUBLICLY BID PROJECTS ONLY RECEIPT OF BIDS Sealed bids for the construction of NORTHSTAR — SECTION 4, PHASE 3 will be received by the NORTHSTAR RANCH M.U.D. No. 1: WELCH ENGINEERING, INC 1308 Norwood Drive, Suite 200 Bedford, Texas 76022 Bids will be accepted until 9:45 am, CST, Monday, July 16, 2021 and bids will be publicly read aloud at 10:00 am, CST, Monday, July 16, 2021. GENERAL DESCRIPTION OF WORK The inajor work will consist of the (approximate) following: The project is NORTHSTAR — SECTION 4, PHASE 3, consisting of 113 Single Family Residential Snbdivision will require the installation of Water, Sanitary Sewer, Storm Drainage, Street Paving and Street Lights. Bidding of the project as whole or separate entities as either Utilities, Paving and/or Street Lights. Excavation of the project is already underway. PREQUALIFICATION The improvements included in this project must be performed by a contractor who is pre- qualified by the City at the time of bid opening. The procedures for qualification and pre- qualification are outlined in the Section 00 21 13 — INSTRUCTI4NS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS Copies of the Bidding and Contract Documents may be acquired by at: twelch(u�welchen .� com A drop box will be emailed back to you. Contact Timothy Welch, P.E. at 817-253-3682, if you have questions. Each bid must be accompanied by a certified or cashier's check, from a responsible bank in the State of Texas, or a bid bond, issued by a surety legally authorized to do business in the State of Texas, equal to 5% of the total bid amount. Make the cashier's check, certified check or bid bond payable to 170 NORTHSTAR RANCH DEVELOPER, INC. MUNICIPAL UTILITY DISTRICT, (M.U.D.). CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No.: 103495 Revised March 20, 2020 00 11 13 INVITATION TO BIDDERS Page 2 of 2 PREBID CONFERENCE A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following location, date, and time: DATE: N/A TIME: N/A PLACE: N/A LOCATION: N/A DEVELOPER/CITY'S RIGHT TO ACCEPT OR REJECT BIDS Developer and City reserves the right to waive irregularities and to accept or reject bids. Required forms to be submitted for Sid Opening- Section 00 41 00; Section 00 42 43, Section 00 43 13, Section 00 45 12, Section 00 52 43 and Section 00 52 43A with 5% Bid Bond. FUNDING Any Contracts awarded under this INVITATION TO BIDDERS will be funded from revenues generated from the Developers Completion or Escrow Fund and dedicated by the Developer';s Financial Institute for the Work under this INVITATION TO BIDDERS. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Timothy J. Welch, WELCH ENGINEERING, INC. Email: twelch�a�welchen�c�>►n Phone: (817) 253-3682 AND/OR Attn: Kiran Kondura P.E., CFM, CITY OF FORT WORTH Email: kiran.kondura@fortworthtexas.gov Phone: (817) 392-2237 PLAN HOLDERS To ensure you are kept up to date of any new information pertinent to this project such as when an addenda is issued, download the Plan Holder Registration form to your computer, complete and email it to the City Project Manager or the design Engineer, ADVERTISEMENT DATES Friday, July 2, 2021 Friday, July 9, 2021 END OF SECTION CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No.: 103495 Revised March 20, 2020 UTILITY CONTRACT FORMS D.T. UTILITY CONTRACTORS, INC. 0o a i o0 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 oF3 SECTION 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: 170 NORTHSTAR RANCH DEVELOPERS, INC. 3045 LACKLAND ROAD FORT WORTH, TEXAS 76ll6 FOR: NORTHSTAR — SECTION 4 PHASE 3 WATER, SANITARY SEWER, STORM SEWER, PAVING AND STREET LIGHTS IMPROVEMENTS City Project 103495 No.: Units/Sections: WATER, SANITARY AND STORM SEWER 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate rneeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. CITY OF FORT WORTH STANDARD CONSTRUCiION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid form — DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 oF3 b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-coinpetitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be perfortned only by prequalified contractors and subcontractors: a. WATER b. SEWER COLLECTION SYSTEM (16-INCH DIAMETER FORCE MAIN) c. STORM SEWER 4. Time of Completion 4.1. The Work will be coinplete for Final Acceptance within �� working days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agree�nent to liquidated dainages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following docuinents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Fonn, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional docurnents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Wark in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PRO1 ECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 00 4l 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 3 of 3 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 63. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid $ 1,498,576.40 Alternate Bid $0.00 Deductive Altemate $0.00 Additive Alternate $0.00 TOTAL BID $1,498,576.40 7. Bid Submittal This Bid is submitted on: JULY 15, 2021 by the entity named below Respectfully submitted, By._z7���� ,-l/ (Signature) CO /-�-0 �c- ��iGY—�f- nnted Name) Title: U . . <Title or Office> Company: D.T. ITTII.ITY CONTRACTORS, INC. <Company Name> Address: 2614 CAUSBIE ROAD <Address > Receipt is acknowledged of the following Addenda: Initial Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 <Address if applicable, otherwise delete> WEATHERFORD, TEXAS 76087 <City, State, Zip Code> State of Incorporation: TEXAS Email: colton�dtutility.com Phone: 817-304-2000 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM— DEVELOPER AWARDED PROIECTS 00 4100 Bid Form—DAP.docx Form Revised April 2, 2014 00 42 43 BID PR(JPOSAL FORM 004243 DAP - BID PROPOSAL Page I of 6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM NORTHSTAR - SECTION 4, PIIASE 3(EAST TRACT) UNIT PRICE BID Final Contract 2/]0/2022 C.P. No.: 103495 Bidder's Application Project Item Information Bidder's Proposal Bidlist Description Specification Unit of B�d Unit Price Bid Value Item No. Section No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1-I 3311.0161 6" Water Pipe 33 11 12 LF 50 $36.00 $1,800.00 1-2 3311.0261 8" WaterPipe 33 11 12 LF 4,234 $52.00 $220,168.00 1-3 3312.3002 6" Gate Valve 33 12 20 EA 7 $850.00 $5,950.00 1-4 3312.3003 8" Gate Valve 33 12 20 EA 9 $2,000.00 $18,000.00 ]-5 3312.0117 Connect. to Existing 4"-12" Water Main 33 12 25 EA 3 $500.00 $I,500.00 1-6 3312.0001 Fire Hydrant 33 12 40 EA 7 $6,000.00 $42,000.00 � � 9999.0010 Automatic Flusher and Fire Hydrant (end of Velora 33 ]2 40 EA 1 $8,500.00 Drive $8,500.00 1-8 3311.0001 Ductilc Iron Watcr Fittings w/Restraint 33 11 11 TON 4 $6,000.00 $24,000.00 1-9 3305.0109 Trench Safety 33 OS ]0 LF 4,284 $0.50 $2,142.00 1-]0 3312.2003 1" Water Service 33 12 10 EA 113 $1,200.00 $135,600.00 1-11 3471.0001 Traffic Control 34 71 13 MO 2 $1.00 $2.00 TOTAL UNIT I: WATER IMPROVEMENTS $459,662.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECffICAT10N DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version April 2, 2014 00 42 43 - Final Bid Quantities - NORTHSTAR - SECTION 4, PHASE 3- 02-21-22.x1s 004243 DAP-BIDPROI'OSAL Pagc 2 of 4 secnoN oo az as Developer Awarded Projects - PROPOSAL FORM NORTHSTAR - SECTION 4, PHASE 3(EAST TRACT) UNIT PRICE BID Final Contract 2l10/2022 C.P. No.: 103495 Bidder's Application Project [tem Infortnation Bidders Proposal Bidlist Specification Unit of Bid Description Quan[ity Uni[ Price Bid Value Item No. Sec[ion No. Measurc UNIT II: SANITARY SEWER IMPROVEMENTS 2-I 3331.41 IS 8" Sewcr Pipc 33 I I 10 LF 2,067 543.00 $88,8RI.W 2-2 3331.41 16 8" Sewer Pipe, CSS Backfill 33 1 I 10 LF 91 $85.00 $7,735.00 2-3 333I.4201 10" Sewer Pipe 33 I 1 10 LF 1,447 $55.00 $79,585.00 2-4 3331.4202 10" Sewer Pipe, CSS Backfill 33 11 10 LP 20 $91.00 $I,R20.00 2-5 9999.0020 10" Sewer Pipe, Concrete Backfill 33 I 1 10 LF 95 $ I I5.00 S 10,925. 2-6 3331.4215 I S" Sewer Pipe 33 I I 10 LF 6A4 $70.00 $47,880.00 2-7 3339.1001 4' Manhole 33 39 20 EA 21 $3,800.00 $79,800.00 2-8 3339.1002 4' Drop Manhole 33 39 10 EA 3 54,600.00 $13,800. 2-9 3339.1003 4' Extra Depth Manhole 33 39 20 VF I 10 $175.00 $ I9,250. 2-10 33313102 4" Sewer Service, Two-way cleanout 33 31 50 EA 113 $A25.00 $93,225. 2-Il 3301.0002 Post-CCTV Inspection 3301 31 LF 4,404 $3.10 $13,652.4 2-12 3301.0101 Manhole Vacuum Testing 33 01 30 EA 24 $I50.00 53,600. 2-13 3339.0001 Epoxy Manholc Lincr 33 39 60 VF 25 $300.00 $7,500.00 2-14 3305.0109 Trench Safety 33 OS 10 LF 3,720 $I.00 $3,720.00 2-15 9999.0021 Connect. to Existing S" -IS"Water Main 33 11 10 EA 2 $I.00 $2.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $471,375.40 CITY OF FORT WORTH STAh'DARD CONSTRUCf10N SPECIFKATION DOC(!�MEhTS - DEVELOPER AWARDED PROJECTS Form Veision April 2, 2014 f10 42 43 - Final Bid Quantilics - NORTHSTAR - SECTfON 4, PHASE 3- 02-21-22.x1s 004243 DAP - BID PROPOSAL Pasc 3 of4 secnoN oo as as Developer Awarded Projects - PROPOSAL FORM NORTHSTAR - SECTION 4, PHASE 3(EAST TRAC'1� UNIT PRICE BID Finai Contract 2/10/2022 C.P. No.: 103495 Bidder's Application Project Item [nformation Bidder's Proposal Bidlist Specification Uni[ of Bid Description Unit Pricc Bid Valuc Itcm No. Section No. Mcasurc Quantity UNIT III: DRAINAGE IMPROVEMENTS 3-I 33U5.0109 Trcnch Safety 33 OS 10 LF 1,709 S1.W 51,7(�.W 3-2 3341.0602 60" RCP, Class 111 33 41 10 LF 17 $300.00 $5,100.00 3-3 3341.0502 54" RCP, Class lll 33 41 10 LF 1,463 $250.00 5365,750.00 3-4 3341.0302 30 RCP, Class 111 33 41 10 LF � 64 $95.00 $IS,SR0.00 3-5 3341.0205 24" RCP, Class 111 33 41 10 LF 65 $77.pp $5,005.00 3-6 3349.0003 6' Storm Junction Box 33 49 10 EA 3 $8,750.00 $26,250.00 3-7 3349.4115 60" TXDOT 4:1 SET (1) (FV1� End Treatment 33 49 40 EA � $9,350.00 $9,350.00 3-8 3349.4107 30" TXDOT 4:1 SET (1) (F'W) End Treahnent 33 49 40 EA 1 $3,400.00 $3,400. 3-9 3349.5004 30' Curb Inlet 33 49 20 EA � $ � 7,500.00 $17,500.00 3-10 3349.5003 20' Curb Inlet 33 49 20 EA b $ � �,ppp,pp $(�(i,ppp. 3-11 3f37.0104 MediumStone,Riprap,dry(18"/12'� 313700 SY 541 $95.00 551,395. 3-12 9999.0030 Connect. to Existing Stortn Sewer 33 49 20 EA 1 $500.00 $500.00 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $567,539.00 CITY OF FORT WORTH STAI�'DARD COYSTRUC7ION SPECQ�7CATpN DOCL'MEhTS -DEVELOPER AWARDED PROIECTS Form Version Aprii 2, 2014 (q 42 43 - Final Bid Quantities - NORTHSTAR - SECTION 4, PHASE 3- 72-21-22.x1x �4243 DAP - B�D PROPOSAt P�c 4 of-0 SECiION 00 42 43 Developer Awarded Projects - PROPOSAL FORM NORTHSTAR - SECTION 4, PEIASE 3(EAST TRACT) UNIT PRICE BID Final Contract 2/10/2022 C.P. No.: 103495 Bidder's Application Project [tem Infortnation Bidder's Proposal Bidlist Specification Unit of Bid ]tem No. Description Section No. Measure Quantity Unit Price Bid Value Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS Total Construcpon $471 $567 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 9Q dsys n'oridng days after the date when the CONTRACT commences to run as provided in the General Conditions. WATER IMPROVEME(VTS SANITARY SEWER IMPROVEMENTS DRAINAGEIMPROVEMENTS 30 working days. 30 working days. 30 working days. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIF7CA170N DOCUMENTS - DEVELOPER AWARDED PROJEG7S Form Version A�mi12, 2014 (16 42 43 - Final Bid Quantities - NORTHSTAR - SECTION 4, PHASE 3- 02-21-22.x1s 00 45 l2 DAP PREQUALffICATTOti STATEMEM1T Page 2 of t SECTION 00 4512 DAP - PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Tvue" box provide the complete maior work type and actual description as provided bv the Water Department for water and sewer and `IPW for paving Major Work Type Contractor'Subcontractor Company Name Preyualification � Ex iration Date WATER D.T. UT[I,ITY CONTIZACTORS, INC. Water Transmission, � 3� 23 Develo ment, 8" and smaller ' " SANITARY SEWER ll.T. U'CII.ITY CONTRACTORS, INC. �. �� �� Force Main S stem, 16" i e STORM SEWER D.T. UTII,ITY CONTRACTORS, INC. 4-30-23 � ; The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: D.T. UTIILTY CONTRACTOKS, INC. Company 2614 Causbie Road Address Weatherford, Texas 76087 City/StatelZip By: �1�� t/�� (Please Print) Signature: --_ — Title: �� � O ��,� (Please Print) Date: � ` %�.�� 2 .� F.ND OF SECTION GfTY OF FOHT WORTH STANDARD CQNSTRUCfION PREQUALIFICATION STATEMENT— �EVEIOPER AWARDED PROJECTS QD 4512_Prequalification Shtement 2�15_DAP (002) Form Version September 1, 2015 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSAT[ON LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 103495. Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 10 CONTRACTOR: ll 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 D.T. LTTILTTY CONTRACTORS, INC. Company 2614 Causbie Road Address Weatherford, Texas 76087 City/State/Zip TI� STATE OF TEXAS COUNTY OF TARR.ANT BY. � /'�vJc. �o ���� (Please Print) Signature: ���� Title: V - �" ' (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Co FF-aw (o ((�►�{-� , lrnown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he6s�e executed the same as the act and deed of !7.? �E{-; ,���t�.�s✓�. �'.nG• for the purposes and consideration therein expressed and in the capacity therein stated. 32 GIVEN LTNDER MY HAND AND SEAL OF OFFICE this Z Z day of 33 ��� , 20 ZZ 34 35 36 37 Nota Public in and for the State o exas 38 39 END OF SECTION ����,,,,,,�� �.,�PaYP�e�� VANESSA NICOLE VAUGNT =_°� � � n= Notary Public, State of Texas 40 ;���}`� Comm. Expires 01-17•2023 �''��°in�``� Noiary {0 131858729 C1TY OF FORT WORTH NORTHSTAR SECTION 4, PHASE 3 STANDARD CONS'fRUCTION SPEC�'ICATION DOCUMENTS C1TY PROJECI' NO.: 103495 Revised Apri12, 2014 005243-1 Developer Awarded Project Agreement Page 1 of 4 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on %% Z Zn2Zis made by and between the Developer, 4 170 NORTHSTAR RANCH DEVELOPERS, INC., authorized to do business in Texas 5 ("Developer"), and D.T. UTILITY CONTRACTORS, INC., authorized to do business in 6 Texas, acting by and through its duly authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 11 12 13 14 15 16 17 Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: NORTHSTAR — SECTION 4, PHASE 3 CITY PROJECT NO.: 103495 18 Article 3. CONTRACT TIME 19 20 21 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 9� working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 25 City Conditions of the Construction Contract for Developer Awarded Projects. 26 3.3 Liquidated damages 27 28 29 30 31 32 33 34 35 36 37 Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer ONE THOUSAND DOLLARS, ($1,000) for each day that expires after the time specified in Pazagraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORT'H NOR1'HSTAR SECTION 4, PHASE 3 STANDARD CO�STRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS CITY PROJECCNO.: 103495 Revised June 16,2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of: ONE MILLION FOUR HUNDRED NINETY 41 EIGHT THOUSAND FIVE HUNDRED SEVETY SIX DOLLLARS AND FORTY CENTS, 42 ($1,498,576.40) 43 Article 5. CONTRACT DOCUMENTS 44 5.1 CONTENTS: 45 A. The Contract Documents which comprise the entire agreement between Developer and 46 Contractor concerning the Work consist of the following: 47 1. This Agreement. 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Fonn (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) £ Power of Attorney for the Bonds g. Worker's Compensation Af�davit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 63 5. Specifications specifically made a part of the Contract Documents by attachment 64 or, if not attached, as incorporated by reference and described in the Table of 65 Contents of the Project's Contract Documents. 66 6. Drawings. 67 7. Addenda. 68 69 70 71 72 73 74 75 76 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised June 16, 2016 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 77 Article 6. INDEMNIFICATION 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 6.1 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 specificallv intended to operate and be effective even if it is alle�ed or proven that all or some of the dama�es being sou�ht were caused, in whole or in part, bv anv act, omission or ne�li�ence 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. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to 6e performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is snecifically intended to onerate and be effective even if it is alleged or proven that all or some of the dama�es being sou h� t were caused, in whole or in part, bY anv act, omission or negli�ence of the citv. Article '7. MISCELLANEOUS 99 7.1 Tenns. 100 Tenns used in this Agreement are defined in Article 1 of the Standard City Conditions of 101 the Construction Contract for Developer Awarded Projects. 102 7.2 Assignment of Contract. 103 This Agreement, including all of the Contract Documents may not be assigned by the 104 Contractor without the advanced express written consent of the Developer. 105 7.3 Successors and Assigns. 106 Developer and Contractor each binds itself, its partners, successors, assigns and legal 107 representatives to the other parly hereto, in respect to all covenants, agreements and 108 obligations contained in the Contract Documents. 109 7.4 Severability. 110 Any provision or part of the Contract Documents held to be unconstitutional, void or 111 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 112 remaining provisions shall continue to be valid and binding upon DEVELOPER and 113 CONTRACTOR. 114 7.5 Governing Law and Venue. 115 This Agreement, including all of the Contract Documents is performable in the State of 116 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 117 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised June 16, 2016 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 118 119 7.6 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS VV��REOF, Developer and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 T'his Agreement is effective as of the last date signed by the Parties ("Effective Date"). 127 Contractor: D.T. UTILITY CONTRACTORS, INC. Developer: 170 NORTHSTAR RANCH DEVELOPERS, INC. ���� � (Signature) ( ignature) �'� r-�� �o r ���-� (Printed Name) Title: (% , I • Company Name: D.T. UTILITY CONTRACTORS, INC. Address: 2614 CAUSBIE ROAD 128 City/State/Zip: WEATHERFORD, TEXAS 76087 �- ZZ• 7�zZ Date �fir�l �ir�. (Printed Name) Title: VICE PRESIDENT' Company name: 170 NORTHSTAR RANCH DEVELOPER, INC. Address: 3045 LACKLAND BLVD. City/State/Zip: FORT WORTH, TEXAS 76116 Date �tf�i2��f ZZ. Zb2Z CITY OF FORT WORTH NORTHSTAR - SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATfON DOCUMENTS DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised June 16, 2016 006125-1 CERTIFICATE OF INSURANCE Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTI4N 00 6125 CERTIFICATE OF INSURANCE 1NSERT CERTIFICATE OF INSURANCE DOCUMENTS END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 NORTHSTAR — SECTION 4, PHASE 3 CITY PROJECT N0: 103495 00 6213 -1 PERFORMAMC£ BOND Page 1 of 4 Bond No. SUR0005898 1 2 3 4 5 6 f7 8 9 10 11 12 13 14 15 16 17 18 19 20 THE STATE OF TEXAS COUNTY OF TARRAIIIT SECTION 00 6213 PERFORMANCE BOND § § KNOW ALL BY THESE PRESENTS: § That we, D.T. UTILITY CONTRACTORS, INC. , known as "Principal" h2fettl atld Frankenmuth Mutual Insurance Company , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Oeveloper, 1701VORTHSTAR RANCH DEVELOPER, INC., authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of, ONE MILLION FOUR HUNDRED N(NETY EIGHT THOUSAND FIVE HUNDRED SEVENTY SIX DOLLARS AND FORTY CENTS ($1,498,576.40), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, joint�y and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number ZZ- � 3 7 and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the � day of ��/'G�- , 2p?Z which Contract is hereby referred to and made a 23 part hereof for all purposes as if fulfy set forth herein, to furnish all materials, equipment labor �4 and other accessories defined by law, in the prosecution of the Work, including any Change 25 Orders, as provided for in said Contract designated as NORTHSTAR — SECTION 4, PHASE 3, 26 CITY OF FORT WORTH NORTHSTAR —SECTION 4, PHASE 3 STANOARO CITY CONOITIONS — DEVELOPER AWAR�ED PROJECfSCITY PROJECT N0.103495 Revised January 31, 2012 006213-2 PERFORMANCE BO(VD Page 2 of 4 1 2 3 4 5 6 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the Developer and/or City, then this obligation shall be and become nul! and vaid, otherwise to remain in fu�l force and effect. 7 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 8 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 9 Worth Oivision. 10 This bond is made and executed in compliance with the provisions of Chapter 2253 of 11 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in 12 accordance with the provisions of said statue. 13 IN WITNE55 WHEREOF, the Principal and the Surety have SIGNED and SEALED this 14 instrument by duly authorized agents and officers on this the Z z day of _��''L�K 15 , 20 Z Z. 16 17 18 19 20 21 22 23 ATTEST: 24 25 ��Z.. c�fi`L,I� 26 27 (Principa!) Secretary CITY OF FOR7 WORTH PRINCIPAL: D. T. Utility Contractors. Inc. BY: � Signature �01� K Co 1 !,�-�- V.� Name and Title NORTHSTAR —SECTION 4, PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTSCITY PROIECT NO. 103495 Revised January 31, 2012 ao6z�3-3 PERFORMANCE BOND Page 3 of 4 1 2 3 4 5 6 7 8 9 Witness as to Principal 10 11 12 13 14 15 16 17 18 19 20 21 , 22 24 `��!/G�v � C.�.. y�� .l o" {' a 1'� � Nei Hernandez � 25 Witness as to Surety 26 27 28 29 30 Address: Zbiy �649 Causbie Road Weatherford, TX 76087 SURETY: Frankenmuth Mutual Insurance Company __� . � BY: �::. — _ _ . ` - ` ���: Signature Russ Frenzel, Attorney-in-Fact fVame and Title Address: ���- u. -R.- Frankenmuth, MI 48787-0001 Telephone Number: 989'652-6121 CITY OP FORT WORTH NOR i h57.AR — SECTION 4, PHASE 3 STANOARD CITY CONDiTiONS — DEVELOPER AWARDED PROIECTSCITY PROJECT N0.103495 Revised January 31, 2012 006213-4 PERfORMANCE 80ND Page 4 of 4 1 *tVote: If signed by an officer of the Surety Company, there must be on file a certified extract 2 from the by-laws showing that this person has authority to sign such obligation. If 3 Surety's physical address is different from its maiting address, both must be provided. 4 S The date of the bond shail not be prior to the date #he Contract is awarded. QTY OF FORT WORTH NORTHSTAR — SECTlON 4, PHA5E 3 6TANDARD CITY CONpITIONS — DEVEIOPER AWAROED PROJECTSCITY PROJECT N0.103495 Revised lanuary 31, 2012 OD6214-1 PAYMENTBOND Page 1 of 3 Bond No. SUR0005898 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 TNE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 6214 PAYMENT BOND § � § KNOW ALL BY THESE PRESENTS: That we, D.T. UTiLITY CONTRACTORS, (NC. , known as "Principal" herein and Frankertmuth Mutuai Insurance Company a corporate surety ( or sureties if more than one}, duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, 170 NORTHSTAR RANCH OEVELOPER, INC., authorized to do business in Texas "(Developer"�, and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of ONE MILLION FOi1R HUNDRED NlNETY EIGHT THOUSAND FIVE HUNDREO SEVENN SIX DOLLARS AND FORTY CENTS ($1,498,576.40j, , lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointty and severally, firmly by these presents: 17 WHEREAS, Oeveloper and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth, by and through a Community Facilities 19 Agreement, CFA Number 22• G}� 3� ;and 20 WHEREAS, Principal has entered into a certain written Contract with Developer, 21 awarded the Z Z day of �(� , 20 zZ, which Contract is hereby 22 referred to and made a part hereof for ail purposes as if fully set forth herein, to furnish all 23 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 24 Work as provided for in said Contract and designated as NORTHSTAR — SECTION 4, PHASE 3, 25 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall 27 pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of 28 the Texas Government Code, as amended) in the prosecution of the Work under the Contract, CITY OF FORT WORTH NORTHSTAR —SECTION 4, PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWAR DED PROJECTSCITY PROJECT NO.: 103495 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 3 1 then this obligation shall be and become nuli and void; otherwise to remain in fuil force and 2 effect. 3 This bond is made and executed in compliance with the provisions of Chapter 2253 of 4 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in 5 accordance with the provisions of said statute. 6 tN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this 7 instrument by duly authorized agents and officers on this the�_ day of 8 Y� L� 20 ZZ . 7 ATTEST: l/I O�- � _%/ �2�,LG� (Principal) Secretary Witness as to Principal PRINCIPAL: D. T. Utility Contractors, Inc. BY: G�� // 5ignature � r-�.� 7m ��, v_ P. Name and Title Address: -��� ausbie Road Weatherford, TX 76087 CITY OF fORT WORTM NORTHSTAR — SECTION 4, PHASE 3 STANDARD CiTY CONOITIONS—DEVELOPER AWARDED PROJECTSCITY PROJECI' NO.: 103495 Revised January 31, 2012 006214-3 PAYMENTBOND Page 3 of 3 SURETY: Frankenmuth Mutual insurance Company ;., � � �?�/ / � i ATfEST: BY: ,r�,�... � i ,'� Signature N/A (5urety) Secretary � � '%� ����� Neira Hern ez Witness as to Surety 1 Russ Frenzel, Attomey-in-Fact Name and Title Address: One Mutual Avenue Frankenmuth, Ml 4$787-0001 Telephone Number: 989-652-6121 2 Note: if signed by an officer of the Surety, there must be on file a certified extract from the 3 bylaws showing that this person has authority to sign such obiigation. if 5urety's physical 4 address is different from its mailing address, both must be provided. 5 6 7 8 The date of the bond shall not be prior to the date the Contract is awarded. END O� SECTiON CITY OF FORT WORTH NORTHSTAR —SECTION 4, PHASE 3 S7ANOARD CIIY CONDITIONS — DEVELOPER AW AR DE D PROJ EC"fSCiTV PROJEt7 N0.:103495 Revisedlanuary3l, 2012 006219-1 MAINTENANCE BONO Page 1 0( 4 Bond No. SUR0005898 1 Z 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 THE STATE OF iEXAS COUNTY OF TARRAIVT SECTION 00 6219 MAINTENANCE BOND § § KNOW ALL BY THESE PRESENTS: § That we D.T. UTILITY CONTRACTORS, INC., known as "Principal" h2r2ir1 arld Frankenmuth Mutual Insurance Company , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, 170 NORTHSTAR RANCH DEVELOPRS, INC., authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of ONE MILLION FOUR HUNDRED NINETY EIGHT THOUSAND FIVE HUNDRED SEVENTY SIX DOlLARS AND FORTY CENTS ($1,498,576.40j, , lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 22 CFANumber22- DD3�;and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the �Zday of ��'L�� 20 ZZwhich Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish 26 all materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Wprk, including any Work resulting from a duly authorized Change Order (collectively herein, 28 the "Work") as provided for in said Contract and designated as NORTHSTAR — SECTION 4, 29 PHASE 3 and CITY OF FORT WORTH NORTHSTAR — SECTION 0, PHASE 3 $TANDARD CITY CONDI710NS— DEVEIOPER AWARDED PROJECTSCITY PROJECT NO.: 103495 Revlsed lanuary 31, 2012 DO 62 29 - 2 MAINTENANCE BOND Page 2 oi 4 1 2 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 3 accordance with the plans, specifications and Gontract Documents that the Work is and will 4 remain free from defects in materials or workmanship for and during the period of two (2) years S after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and L 7 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 8 receiving notice from the Developer and/or City of the need thereof at any time within the 9 Maintenance Period. 10 11 NOW THEREFORE. the condition of this obligation is such that if Principal shaH remedy 12 any defective Work, for which timely notice was provided by Qeveloper or City, to a completion 13 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 14 full force and effect. 15 16 PR�VIDED, HOWEVER, if Principal shall fail so tfl repair or reconstruct any timely 17 noticed defective Work, it is agreed that the Developer or City may cause any and all such 18 defective Work to be repaired and/or reconstructed with all associated costs thereof being 19 borne by the Principal and the Surety under this Maintenance Bond; and 20 21 PROVIDED FURTNER, that if any legal action be filed on this Bond, venue shall lie in 22 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 23 Worth Division; and 24 25 PROVIDED FURTHER, that this obfigation shall be continuous in nature and successive 26 recoveries may be had herean for successive breaches. CITY OF FORT WOR7H NORTHSTAR —SECTION 4, PHASE 3 57ANDARD CITY CaNDITIONS — DEVELOPER A WARDED PROJECTSCITY PAOIECT NO.: 103495 Revised lanuary 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 4 1 IN WITNESS WNEREOF, the Principai and the 5urety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the ZZ day of ��o^G� 3 ,20� 4 5 6 7 8 9 10 11 12 13 14 15 16 1� 18 19 20 21 22 23 24 25 26 27 28 29 PRINCiPAL: D. T. Utility Contractors, inc. BY��G��'� v Signature ATTEST: %" / �i (Principal) Secretary ,� Witness as to Principal �(-�•� �.o /l� U.� . Name and Title Address: Zd ��{ �9 Causbie Road Weatherford, TX 76087 CITY OF FORT WORTH NORTHSTAR — SECTION 4, PH/lSE 3 STANDARO CITY CONDITIONS — pEVELOPER AWARDED PROIECTS�lTv PROJECT NO.: 103495 Revised January 31, 2012 006219-4 MA�NTENANCE BOND Page 4 of 4 1 2 3 4 S 6 7 8 9 10 11 12 ATTEST: 13 14 NIA 15 16 (Surety) Secretary 17 � 18 19 `s�?'�t'� � 20 `"" Neira He ez 21 Witness as to Surety 22 SU RETY: Frankenmuth Mutual insurance Company � � ' 8Y: , L7r�- � Signature Russ Frenzei, Attorney-in-Fact Name and Titie Address: One Mutual Avenue Frankenmuth, MI 48787-0001 Telephone Number: 989-652-6'!21 23 *Note: if signed by an officer of the Surety Company, there must be on file a certified extract 24 from the by-laws showing that this person has authority to sign such obligation. If 25 Surety's physical address is different from its mailing address, both must be provided. 26 27 The date of the bond shall not be prior to the date the Contract is awarded. 28 CITY Of FORT WORTH NORTHSTAR — SECilON 4, PHASE 3 STANDARDCITYtQND1ilON5—OEVELOPERAWARDEDPROJEGTSCITYPROIECTNO.� 103495 Revised January 31, 2012 FRA.NI{ENMUTH MUTUAL INSURA.NCE COMPANY POWER OF' ATTORNEY KNO�V ALL MEIV BY THESE PRESENTS; chat Frankenmuth iVIuivat Insurance Company (the "Company"), a corporation duly organized and existing under the laws ofthe State of Michigan, having its principal office at 1 Mutual Avenue, Fi�ankenmuth, Michigan 48787, does hereby nominate, constitute and appoint: Brady K. Cox, Brock Baldwin, Russ Frenzel, Keith Rogers, Blaine Allen, Chandler Nazzal, Brent Baldwin, Sam Freireich, John Aboumrad, Cynthia Alford, William D. Baldwin Their true and lawful attomey(s)-in-fact, each in their separate capaeity if more than one is named above, to mahe, execute, seal, ackno�vledge and deliver any and all bonds, contracts and undertatcings of suretyship, with the exception of Financial Guaranty Insurance, provided, howevcr, that the penal sum of any one such instrument shall not exceed the sum of: Fifty Million and 00/100 Doltars (S50,000,000) This Power of Attomey is granted pursuant to die following Resolution duly adopted at a meeting of the Board of Directors of Frankenmuth Mutual Insurance Company: "RESOLVED, that the President, Senior Vice President or Vice President and each of them under their respective designations, hereby is authorized to execute powers of attomey, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer of the Company, qualifyin� the attorney(s) named in the given power of attorney, to execute on behalf of, and ackno�vledge as the act and deed of Frankenmuth Mutual Insurance Company on all bonds, contracts and undertakinos of suretyship, and to affix the corporate seal ihereto." [N WITNESS WH�REOF, the Company has caused these presents to be signed and attested by its appropriate officers aad its co�porate_seal liereunto affixcd tliis I Oth day of Scptcmbcr, 2018. . ,�1, . . ' Frankenmutl� Mutual lnsurance Company . (Seal) , - ' Y — �---�-• , " . ^ Frederick A. Edmond, Jr., .. , , President and Chief Operacing O�cer '�ST/sTE 0: n7ICHIGAn; yj CaUi !TY OF SAGIi��i�l!;' ) ss: �'+ •.,,, .J;� .:; . �,,;:� Swom''tbbC�'p;g,me,�a�Notary Public in the State of Michigan, by Frederick A. E•dmond, Jr., to me personal[y kno�vn to be the individual and officer described in, and N•ho executed tlic prcccding instrument, deposcd and said the Corporate Seal and his signature as Officer were �xed and subscribed to said insUvment by the authority oCtlte Company. • IlY T�STIMONY WtIEREOr, [ have set my hand, and affixed my Official Senl this 1 Oth day of September. 20 f 8. �-�-a—�•—,�v /i • CJf-a�,.� (Sea1) Dinnne L. Voss, t�Iotary Public Saginaw Counry, State of Michigan My Commission Expires July 23, 2024 , . � . 't • '• '� � �' .. . 1, the undersigned, Vice President of Frankenmuth Mutual Insurance Company, do hereby certify that the foregoing is a true, correct and complete copy of the original Po�ver of Attorney; that said Power of Attorney has not been revoked or rescinded and is in full force and effect as of this date. IN WITNESS WHEREOF, I have set my hand and afi'ixed the Seal of the Company, this _ day of , 2p _ �,�;..^� �' Andrew H. Knudsen, Vice Presiden� ALL CORRBSPONDENCE RELATED TO BOND VALlDATIOR'AND/OR R C1rlfhl SHOULD BB DJRECT6A TO TNE D/RBCTOR OF SURETY, 70l US ROUTE O1VE, SUIT61, Y�IRMOUTH, ME 0409b IMP[3RTANT NOTICE �: �is. ��, ;� �r. i � � �� , � You may contract the Texas Department of Insurance to obtain information on companies, coverag�s, rights or complainis at 1-840-2�2-3439 You rnay write the Texas Department of Insurance: P.O. Box I49104 Austin, Tezas 78714-9204 Fax No. (S1.2) 4'75-1771 PRENIIUM or CLAIM DISPUTES Should you have a dispute cancezning your premium or about a cla.irn, you should contact the comgany first. If the disgute is not resoIved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TU YOUR POLI+CY Tlus notice is for information anly and does not become a part or condition of the attached document. Natice of Appiicability af Chapter 2253 of tLe Texas Government Code These bonds are fumished in an attempt to comply with Chapter 2253 of the Texas Government Code. Tfiese bonds shatl be constnied to comply with such Chapter regarding the rights created, limitations on those rights, and remedies provided. Any provision in the bonds to which this Rider is attached #hat expands or restricts a right or liability under such Chapier shall be disregazded, and such Cbapter shall appty to these bonds. PAVING C�NTRACT FC�RMS GILCO CONTRACTING, INC. 0o a i o0 DAP BID FORM FOR PUBLICLY BID PROIECTS ONLY Page 1 of 3 SECTION 00 4100 DAP BID FORM F�R PUBLICLY BID PROJECTS ONLY TO: 170 NORTHSTAR RANCH DEVELOPERS, INC. 3045 LACKLAND ROAD FORT WORTH, TEXAS 76116 FOR: NORTHSTAR — SECTION 4, PHASE 3 WATER, SANITARY SEWER, STORM SEWER, PAVING City Project 103495 No.: Units/Sections: PAVING 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other tenns and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2. L In submitting this Bid, Bidder accepts all of the tenns and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Sidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in confonnity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at CITY OF fORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJ ECTS 00 4100 Bid Form — DAP.docx form Revised April 2, 2014 00 41 00 DAP B[D FORM FOR PUBLICLY BID PROJECTS ONLY Pagc 2 of 3 artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or anangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. PAVING IMPROVEMENTS 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 4'rJ working days after the date when the Contract Time commences to run as provided in the General Conditions. 42. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents axe attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROIECTS 00 41 00 Bid Form — DAP.docx Form Revised April 2, 2014 0o a i o0 DAP QID FOR31 FOR PCBLICLI' BID PROJECTS ONLY Pagc 3 of 3 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid $923,579.65 Alternate Bid $0.00 Deductive Alternate $0.00 Additive Alternate $0.00 TOTA L B I D $923,579.65 7. Bid Submittal This Bid is submitted on: JULY 15, 2021 by the entity named below Respectfully submitted, By: � (Signature) Leia McOuien (Printed Name) Title: Vice President. Onerations <Title or Office> Company: GILCO CONTRACTING, INC. <Company Name> Address: 6331 Southwest Bvd. <Address > <Address if applicable, otherwise delete> BENBROOK, TEXAS 76132 <City, State, Zip Code> State of Incorporation: Texas Email: ieiana �ilcocontracting.com Phone: 817-735-1600 Receipt is acknowledged of the following Addenda: Initial Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION & D FORM — DEVELOPER AWARDED PROlECTS Form Revised April 2, 2014 00 41 00 Bid Form — DAP.docx ii- - : r ��•�� • ��_►�i 004243 DAP - BID PROPOSAL Page I of 2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM NORTHSTAR - SECTION 4, PHASE 3(EAST TRACT) UNIT PRICE BID Final Contract 2/10/2022 C.P. No.: 103495 Bidder's Application Project Item Information Bidder's Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value [tem No. Section No. Measure Quantity UNIT IV: PAVING IMPROVEMENTS 4-I 3213.0101 6" Conc Pvmt (29' B-F3) 32 13 13 SY 1��47 �� $47.25 $720,420J5 4-2 3211.0501 6" Lime Treatmcnt 32 I 1 29 SY 16238.06 $3.65 $59,268.90 4-3 321 1.0400 Hydrate Lime 32 11 29 TN 344.00 $205.85 $50,227.40 4-4 3292.0100 Block Sod Placement 32 92 13 SY 100 $10.00 $I,000.00 4-5 3293.0400 Seed, Hydromulch 32 92 14 SY 10,950 $2.00 $21,900.00 4-6 3213.0301 4" Concrete Sidewalk (5' Width) 32 13 20 SF �,547 $7.45 $18,975.15 4-7 3213.0501 Barrier Free Ramp - Type R-1 32 13 20 EA 1? $2,925.95 $35, ] 11.40 4 8 9999.0040 Fum./Install Alum. Sign and Decortive Post w/Stop (R]- 34 41 30 EA 9 $�,?05.85 $�0,852.65 4-9 9999.0041 Street Name Plates for Street Intersections (D3-1) 34 41 30 EA ?? $264.70 $5,823.40 TOTAL UNIT IV: PAVING IMPROVEMENTS $923,579.65 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMEN'IS - DEVELOPER AWARDED PROJECTS Form Version April 2, 2014 00 42 43 • Final Bid Quantities - NORTHSTAR - SECTION 4, PHASE 3- 03-23-22.x1s 004243 DAP-BIll PROPOSAL Page 2 of 2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM NORTHSTAR - SECTION 4, PHASE 3(EAST TRACT) UNIT PRICE BID Final Contract 2/10/2022 C.P. No.: 103495 Bidder's Application ProjectItem Information Bidder's Proposal Bidfist Descri tion Specification Unit of Bid Item No. p Section No. Measure Quantity Unit Price Bid Value n�a �ummary UNIT IV: PAVING IMPROVEMENTS Total Construction Bid Contractor agrees to complete WORK for FINAL ACCEPTANCE within 45 days', working days after the date when the CONTRACT commences to run as provided in the General Conditions. WATERIMPROVEMENTS SANITARY SEWER IMPROVEMENTS DRAINAGEIMPROVEMENTS PAVING IMPROVEMENTS STREET LIGHT IMPROVEMENTS 30 working days. 30 working days. 30 working days. 45 working days. 60 working days. END OP SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PR07ECTS Form Version April 2, 2014 00 42 43 - Final Hid Quantities - NORTHSTAR - SECTION 4, PHASE 3- 03-23-22.x�s ooas iz DAP PREQI'�1LIFICATION STATEMENT Page 1 of � SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Tvpe" box provide the complete major work tvpe and actual descri�on as provided bv the Water Department for water and sewer and TPW for pavin� Major Work Type Contractor/Subcontractor Company Name Prequalification Ex iration Date PAVING Concrete Streets, sidewalks and GILCO CONTRACTING, INC. 12/31/2022 Si ns The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: GILCO CONTRACTING, INC. Company 6331 Southwest Blvd. Address Benbrook, Texas 76132 City/State/Zip By� Leia Mcnuien (Please Print) Signature: Title: Vice President. Onerations (Please ('rint) Date: I� �QC � Z'�, �,'C?'LZ END OF SECTION CITY OF FORT WORTH STANDARD CONSTRURION PREQUAIIFICATION STATEMENT — DEVELOPER AWARDED PROIECTS 004512_PrequalificationStatement2015 DAPGILCO Form Version September 1, 2015 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 I SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 103495. Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compiiance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 GILCO CONTRACTING, INC. Company 6331 Southwest Blvd. Address Benbrook, Texas 76132 City/State/Zip THE STATE OF TEXAS COUNTY OFTARRANT By: Leia McQuien (Please Print Signature: 39 40 Title: Vice President, Operations (Please Print) § § BEFORE ME, the undersigned authority, on this day personally appeared Leia McQuien > known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of �ilco Contracting Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN LJNDER MY HAND AND SEAL OF OFFICE this 16th day of March . 2�22• HEATHER PNGE WILLIAMS ` ; r'�Y P`�`c ; Notary Public. Stete ot Texas �.;; •: My Commission Expirsa `:=` `' ^"9"� ��' �5 Notary ublic in and for the State of Texas �'' E�o�'`��� NOTARY ID 12430520 END OF SECTION CfTY OF FORT WORTH NORTHSTAR- SECTION 4. PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 103495 Revised April 2, 2014 00 52 43 - I Dcveloper Awarded Project Agreement Page 1 of4 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on lj� Z Z' � is made by and between the Developer, 4 170 NORTHSTAR RANCH DEVELOPER, INC., authorized to do business in Texas 5 ("Developer"), and GILCO CONTRACTING, INC., authorized to do business in Texas, acting 6 by and through its duly authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified� or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 NORTHSTAR — SECTION 4, PHASE 3 16 PAVING 17 CITY PROJECT NO.: 103495 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 45 working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 25 City Conditions of the Construction Contract for Developer Awarded Projects. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer ONE THOUSAND DOLLARS, ($1,000) for each day that expires after the 36 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 37 of Acceptance. CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised June 16, 2016 00 52 43 - 2 Developer Awazded Project Agreement Page 2 of 4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Wark in accordance with the Contract 40 Documents an amount in current funds of: NINE HiJNDRED TWENTY THREE 41 THOUSAND FIVE HUNDRED SEVENTY NINE DOLLARS AND SIXTY FIVE CENTS, 42 (�923,579.65) 43 Article 5. CONTRACT DOCUMENTS 44 5.1 CONTENTS: 45 A. The Contract Documents which comprise the entire agreement between Developer and 46 Contractor concerning the Work consist of the following: 47 1. This Agreement. 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance AC4RD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) £ Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of4 77 Article 6. INDEMNIFICATION 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 6.1 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 indemnifcation qrovision is snecificallv intended to onerate and be effective even if it is alieEed or nroven that all or some of the dama�es bein� sou�ht were caused, in whale or in nart, bv anv act, omission or ne�li�ence of the citv. 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. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its of�cers, 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 suecificallv intended to operate and be effective even if it is alle�ed or proven that all or some of the dama�es bein� sought were caused, in whole or in part, � anv act, omission or ne�li�ence of the citv. Article 7. MISCELLANEOUS 99 7.1 Terms. 100 Terms used in this Agreement are defined in Article 1 of the Standard City Condirions of 101 the Construction Contract for Developer Awarded Projects. 102 7.2 Assignment of Contract. 103 This Agreement, including all of the Contract Documents may not be assigned by the 104 Contractor without the advanced express written consent of the Developer. 105 7.3 Successors and Assigns. 106 Developer and Contractor each binds itself, its partners, successors, assigns and legal 107 representatives to the other party hereto, in respect to all covenants, agreements and 108 obligations contained in the Contract Documents. 109 7.4 Severability. 110 Any provision or part of the Contract Documents held to be unconstitutional, void or 111 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 112 remaining provisions shall continue to be valid and binding upon DEVELOPER and 113 CONTRACTOR. 114 7.5 Governing Law and Venue. 115 This Agreement, including all of the Contract Documents is performable in the State of 116 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 117 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised June l6, 2016 005243-4 Developer Awarded Project Agreement Page 4 of 4 118 119 7.6 Authority to Sign. 120 12l 122 123 124 IZS l26 127 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. [N WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date") Contractor: GILCO CONTRACTING, INC. B: " V�—� B• (Signature) (Signature) Leia McQuien (Printed Name) Title: Vice President, Operations Company Name: GILCO CONTRACTING, INC. Address: 6331 SOUTHWEST BLVD. City/State/Zip: BENBROOK, TEXAS 76132 Developer: 1'70 NORTHSTAR RANCH DEVELOPER, INC. ��i �t/ ��- (Printed Name) Title: �/`C�� �%���UT Company name: 170 NORTHSTAR RANCH DEVELOPER, INC. Address: 3045 LACKLAND ROAD City/State/Zip: FORT WORTH, TEXAS 76116 1�l kt CLC,I � Z2 , ?,o2Z Date Date 128 ►�►AfLCN ZZ, �Z'L CITY OF FORT WORTH NORTHSTAR — SECTION 4. PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROIECTS CITY PROIECT NO.: 103495 Revised June 16, 2016 006125-1 CERTIFICATE OF INSURANCE Page 1 of 1 1 2 3 4 5 6 � 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 00 6125 CERTIFICATE OF INSURANCE INSERT CERTIFICATE OF INSURANCE DOCUMENTS END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 NORTHSTAR — SECTION 4, PHASE 3 CITY PROJECT NO: 103495 This Power of Atfomey fanits fhe acts of those named herein, and they have no aufhority to bind the Compamr excepf in the maener and to the extent herein shated. •'• Libe� Liberty Mu#ual Insurance Company t�'lul.u�0 The Ohio Casualty Insurance Company CertificateNo: 8205467-022020 SURETY West American insurance Company POWER OF ATTORNEY tWOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually G�s�ce Cor�q►a�ry's a corpora6bn duly arganized under the laws of fhe State of Neuu Hampshire, that �berty Matual l�urance Company is a corporation duly o�gan¢ed under the laws of ifie State ai A9assadwsefLs, �d West American Insurance Comparry is a oorpora6on duly organized under �+e laws of the State of Indiana (herein colledively calfed tFie "Companies'j, pursuant to and by authordy fi�ein set foAh, does hereby name, constitute �d �point, Don E. Cornell; Joshua Saunders; Ke[ly A. WestbroolS Mikaela Peppers; Ricardo J. Reyna; Robbi Morales; So�hinie Hunter, Tina McEwazi; Tonie Pehanek a0 of 9�e city of Dallas shate of TX each mdnridaaaity ifthere be more than one named, �s f�ue and lawful attomey-in-fad to make, exea�te, seal, adcnowledge and defver, ior and an its beha{f as surety and as its act and deed, any and all �dertakings, bonds, recognizances and other sureiy obligadons, io pursuance of these presents and shatl be as bindmg upon the Companies as "rf they have been �Iy signed by 6�e president and attested by the secretary af the Companies in iheir own proper petsorr.s. W WITNESS WHEREOF, this Power of AiF�omey has been subscn'bed by an authorized officer or oifidal of the Companies and the corporate seats of the Campanies have been affaed theretoffiis 23rd dayof April , 2021 . L�'b�ty N�tual Insurance Company p� Wsu PytY INg� a�wsu� ihe Ohio Casualty Insurance Company �J c°�O��C+ yJ a°��'Qar�y �GP�o�°Rt� 't'p WestAmerican Insurarice Company J3 b4+ Q3 bc+ g r Forn ��1912 0 oy1919�a Q 1991 0 ~dd��� * �aa y� yy ,xas��da rs�� *���as gy. �. Ila�nrl M. (`arav .Acc�cMnt Swrratary c`a St�e of PENNSYLVANIA - - � County of MOMGOMERY � � On 6�is 23rd day of Apr;i ,?A21 before me personally appeared David M. Carey, wfio admowledged himself to be fhe Assistant Seaehary of Li6erly Muival Insurdnce �t Company, The Ohio Casaalty Comparry, and WesE American Insurance Company, and that he, as sw�, being author¢ed so to do, execute the faegoing inshument for the purposes � iherein cnr�ned by signing on behalf of i�e corpora6�s by himseif as a duty aufhorrzed officer. � IN WITNESS WHEREOF, I have hereunto subscrihed my name and affixed my notarial seal at iCmy of Prussia, Pennsylvania, on the day and year fQst above wriifen. 0� pq o.O � �,f'# S'rF,� CommonweailhofPmmsyNaNa-NWa�YS� � � or+w o � �o�' �cs t9 rer� s�n�. r��y a�� � n m� +tU-� '�F MYcommtssEon exphes Marrh 28, 2025 By; /G�+QiL� � N � �� ��, COm�n�wn�r�iz&M4 e�,Nota Pubfic ¢ o` r.�.. VP ' Membm.Peo�s1'�vanieAssociationwmew;es ry �, m - �r� c�`' o.�a. m This Power af Attomey is made and executed pursuant to and by authon'ty of fhe follawing By-Isws and Auth�rizations of The Ohio Casualiy Insurance Company, Liberty Mutual 3� � Insurance Company, and West,4merican Insurance Cnmpany which resolutions are now in iup farce and effed readmg as folimvs: a M � ARTICLE N—OFFICERS: Sec6on 12. Power of Atfomey. `o 0 � My oificer or other official of the Corporation author¢ed for that pu►pose in writing by the Chauman or the President, and subjad to such limitation as ihe Chairman w t�e -a �— U Presid�t may presaibe, shall appoint such a�omeys-in-lact, as may be n�essary to ad'm behalf of tfie Corporation to make, exec�te, seal, admowledge and deliver as surety �� � any and all undertakings, bonds, recogrrizanoes and ather surety obGgations. Such aitomeys-in-fact, subjed to the Gmitations s�et fafh in their respective prnvers oE attomey, shan �� �- f�ave full power to bind the Ca�pwa�on by their signature and execution of arry such insWm�is and to attac6 ihereto the seai of the Carparation. When so exearted, such o m � instrumenls shaA be as bindng as if signed by the President and attested to by ihe Secxetary. Any power or aufhor�y granted to any re�xesent�tive or attomey-m-fact under Fhe '� m provisions of this a�ide may be revoked at any 6me by the Board, the Chairman, the President or by fhe officer or officers granting sucfi power or authordy. � a ARTICLE Xtli — Execution of Contracts: Secfion 5. Surety Bonds artd Undedakrtigs. Any officer of fhe Company authorized fw that purpose in writing by the chairman or fhe pre�dent, �d su6jed to such lim�atians as the chairman or the president may prescribe, shall appoint such attomeys-iri-fact, as may be necessary to act in befiaff of the Company to make, exewUe, se�al, admowledge and del'nrer as surety any and ali undertakings, bonds, recwgnizances and other surety obfigations. Such attomeys-m-fact subject to the 6m�tations set forlh in Iheir respective powers of aflomey, shatf have fuU power to bind the Comparry by their signature and execution of any such insUuments and to aftach therefo the seat of fhe Company. When so executed sut� instruments shall be as bincGng as if signed by the president and ai#esfed by the secrefary. Certificate of Designation — The President of fhe Gampany, acting pursaant to the Bylaws of the Company, aufhor¢es David M. Carey, Assistant Secxehary to appoint such attameys-in- fact as may be nec�sary to act on behaff of the Company to make, execute, seal, aclmowledge and delBrer as surety any and ali unde�takings, bonds, recognizances and other surety obliga6ons. Authorization — By unanimous consent of the Company's Board of Directoa, the Company cons�is that facsimHe or mechanicatly reproduced signalure of any assistant secretary of the Company, wherever appearing upon a certified copy of any prwver of attomey issued 6y Nte Company m connectian with surety bonds, shall be valid and bindmg upon the Company with the same force and effect as ihough m�uauy af%ced. I, Renee C. Llewellyn, the undersigned, AssisNant SeaeFary, The Ohio Casuaity insurance Comp�jr„LibeF[y Nh�tual lnsurapce Company, and West American Insurance Company do hereby certiiy that the original power of atfomey of which the foregoing is a full, true and caRect co�y.ai 1he;Pou� ofAtto"rqey exearted by said Companies, is in full force and effecE and has not been tevoked. ; � �..'� � "'�` ' .� =. : IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Comparue�s th�s~ day of'� - P`, LNSU� P�KY INgG a 1�1f � j ^ � J oaparyr ?� J aaP�RqrR9 GP o4Po �Y � 6 P GJ 6 'b � 6 �' �.0. J' 3 °b tr � 3 `b� m � 3 �`�O tn ` � 191 � � o y�1819 � a 6 1991 0 '' "�,Gy�.. dd'9s�c�sus�a yo� NANPsa��a �ls��NDU1N/'�,aa By�ReneeC.LJeweqyn,AssistantSecxetary 8j� * 1- H1 ,t h M* h LMS-12873 LMtC OCIC WAIC MuRI Co 02R7 �• Liberty .Niutual� SURETY �' X�ls IlVIP4RT.ANT NOTICE To obta.in information or make a complaint: You may call toll-free for information or to make a complaint at 1-877-751-2640 You may also write to: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 You may contact the Te�cas Department of Insurance to obtain information on� companies, coverages, rights or cornplaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (�l 11-1A) P. O. Box I49091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtectionnao.tdi.texas.gov PRENIIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should fust conta.ct the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR. POLICY: This notice is for information only and does not become a part or condition of the attached document. �' Xpls avzso nvrnoxT�v� Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis para informacion o para someter una queja al 1-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 Puede connunicarse con el Departamento de Seguras de Texas para obtener informacion acerca de companias, coberiuras, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection(�a.tdi.texas.gov DI5PUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una. disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comunicarse con el departan�ento (TDn UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. NP 70 68 09 O1 u�nsy5zsz ta�s Policy Number TB7-Z91-473015-021 issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 2. Blanket Additional Insured — Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section II — Who Is An Insured is amended to add the following: Additional Insured by Written Agreement The following are insureds under the policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy: 1. Lessors of Leased Equipment: The person(s) or organization(s) from whom y�u lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 2. Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 58 01 17 O 2016 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; b. Structural alterations, new construction or demolition operations performed by or on behal# of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization{s). 4. Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreemen# and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform ta the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, inc�uding: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services. 5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission{s) or the act(s) or omission(s) of those acting on your behalf: a. In connection with your premises; or b. In the perFormance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by or for you, including: LC 20 58 01 17 O 2016 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services Office, tnc., with its permission. a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or for you. 6. Any Person or Organization Other Than a Joint Venture: Any person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with premises owned by or rented to you. This insurance does not apply to: a. Any person(s) or organization(s) more specifically covered in Paragraphs 1 through 5 above; b. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; or c. Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any pro#essional architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "properiy damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure t� render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organizatian(s) as an insured under this Item 1: 1. Applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy; 3. Does not apply to any person(s} or organization(s) for any "bodily injury", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this policy applies to such person(s) or organization(s) with regard to the "bodily injury", "properry damage" or "personal and advertising injury' ; 4. Applies only if the "bodily injury" or "property damage" occurs, ar the offense giving rise to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5. Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. LC 20 58 07 77 �O 2016 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 2. Blanket Additional Insured — Grantor Of Permits Paragraph 2, of Section II - Who Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respect to the state, municipality or political subdivision: 1. Coverage will be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this policy. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury" or "property damage" included within the "products-completed operations hazard", except when required by written agreement initiated prior to loss; or 3. "Bodily injury", "property damage" or "personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Uther Insurance of Section IV — Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". LC 20 58 01 17 O 201fi Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: AS2-Z91-473015-011 COMMERCIAL AUTO CA 20 481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: GII�i�1�I��:�Y�Zii�1-�7LtI��iL'3�I3��L��Y_I��iZK��xc7lel�il�llluTLi��iaiII3:dI�Z�ZiPl�7[�I�i '.�i�l With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liabiliry Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization where the named insured has agreed b� written contract to include such person or organization as a designated insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I— Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 481013 �O Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number TB7-Z91-473015-021 Issued by Liberty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Item 2. Item 3. Item 4. Item 5. Item 6. Item 7. Item 8. Item 9. Item 10. Item 11. Item 12. Item 13. Item 14. Reasonable Force Non-Owned Watercraft Extension Damage To Premises Rented To You — Expanded Coverage Bodily Injury To Co-Employees Health Care Professionals As Insureds Knowledge Of Occurrence Or Offense Notice Of Occurrence Or Offense Unintentional Failure To Disclose Bodily Injury Redefined Supplementary Payments — Increased Limits Property In Your Care, Custody Or Control Mobile Equipment Redefined Newly Formed Or Acquired Entities Waiver Of Right Of Recovery By Written Contract Or Agreement Item 1. Reasonable Force Exclusion a. of Section I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non-Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section 1— Coverage A— Bodily Injury And Property Damage Liability is replaced by the fotlowing: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Nof being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You — Expanded Coverage A. The final paragraph of 2. Exclusions of Section 1— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: LC 32 199 17 18 O 2018 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Exclusions c. through n. do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. B. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explasion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of "insured contract" in Section V— Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contracY ; D. The paragraph immediately following Paragraph (6) of Exclusion j. of Section I— Coverage A— Bodily I�jury And Property Damage Liability is replaced by the following: Paragraphs (1j, (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — L.imits of Insurance. Item 4. Bodily Injury To Co-Employees A. Paragraph 2. of Section II — Who Is An Insured is amended to include: Each of the following is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) or "volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); (3) To your members (if you are a limited liability company); or (4) To a co-"employee" or "volunteer worker" while that ca"employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Paragraph 2.a.(1)(a) of Section II — Who Is An Insured does not apply to "bodily injury" for which insurance is provided by this paragraph. LC 32 199 11 18 U 2018 Liberty Mutual Insurance Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. The insurance provided by this Item 4. for "bodily injury" to a co-"employee" or "volunteer worker" will not appiy if the injured co-"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers' compensation law or any similar law. C. Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, Item 5. Health Care Professionals As Insureds A. Paragraph 2.a.(1)(d) of Section II — Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failure to provide professional health care services. However, any "employee" or "volunteer worker" of the Named Insured who is acting as a Good Samaritan in response to a public or medical emergency or who is a"designated health care provider" is an insured with respect to "bodily injury" and "personal and ad�ertising injury" that: (i) Arises out of the providing of or failure to provide professional health care services; and (ii) Occurs in the course of and within the scope of such "employee's" or "volunteer worker's" emptoyment by the Named Insured. B. With respect to "employees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section 1— Coverage A— Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I— Coverage B— Personal And Advertising Injury Liability: 7his insurance does not apply to: (1) Liability assumed under an "insured contract" or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care senrices while in any degree under the influence of intoxicants or narcotics; (4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or (5) Punitive or exemplary damages, fines or penalties. C. The following definition is added to Section V— Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D. Otherinsurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 6. Knowledge Of Occurrence Or Offense Knowledge of an "occurrence" or offense by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the "occurrence" or offense. LC 32 199 11 18 O 2018 Liberty Mutual fnsurance Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 7. Notice Of Occurrence Or Offense For purposes of Paragraph 2.a. of Section IV — Commercial General Liability Conditions, you refers to your "executive officer" or "employee" that you have designated to give us notice. Item 8. Unintentional Failure To Disclose Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this Policy shall not be a basis for denial of any coverage afforded by this Policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. Item 9. Bodily Injury Redefined The definition of "bodily injury" in Section V— Definitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of inental or emotional illness or distress. Item 10. Supplementary Payments — Increased Limits Paragraphs 1.b. and 1.d. of Section 1— Supplementary Payments — Coverages A And B are rep►aced by the following: b. Up to $3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or "suiY', including actual loss of earnings up to $500 a day because of time off from work. Item 11. Property In Your Care, Custody Or Control A. Paragraphs (3) and (4) of Exclusion j. of Section 1— Coverage A— Bodily Injury And Property Damage Liability are deleted. B. Additional Exclusion Coverage provided by this endorsement does not apply to "property damage" to property while in transit. C. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by Paragraph A. above is: $10,000 Each Occurrence Limit $75,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence". The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. Other Insurance This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this Policy. Item 12. Mobile Equipment Redefined The definition of "mobile equipmenY' in Section V— Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". Item 13. Newly Formed Or Acquired Entities A. Paragraph 3. of Section II — Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization; or (3) The end of the policy period whichever is earlier; b. Section I— Coverage A— Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Section I— Coverage B— Personal And Advertising Injury Liability does not apply ta "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. B. The insurance afforded to any organization as a Named Insured under this Item 13. does not apply if a Broad Form Named Insured endorsement attached to this Policy appties to that organization. Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this Policy for injury or damage arising out of your ongoing operations or "your work" included in the "products-completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS2-Z91-473015-011 Issued by Libetty Mutual Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. I I. II1. IV. V. VI. VII. VI11. IX. X. XI. XII. Xlfl. XIV. XV. XVI. XVII. XVI11 XIX. XX. XXI. XXII. XXIII Newly Acquired or Formed Organizations Employees as Insureds Lessor - Additional Insured and Loss Payee Supplementary Payments - Increased Limits Fellow Employee Coverage Personal Property of Others Additional Transportation Expense and Cost to Recover Stolen Auto Airbag Coverage Tapes, Records and Discs Coverage Physical Damage Deductible - Single Deductible Physical Damage Deductible - Glass Physicat Damage Deductible - Vehicle Tracking System Duties in Event of Accident, Claim, Suit or Loss Unintentional Failure to Disclose Hazards Worldwide Liability Coverage - Hired and Nonowned Autos Hired Auto Physical Damage Auto Medicat Payments Coverage Increased Limits Drive Other Car Coverage - Broadened Coverage for Designated Individuals Rentat Reimbursement Coverage Notice of Cancellation or Nonrenewal Loan/Lease Payoff Coverage Limited Mexico Coverage Waiver of Subrogation 1. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or joint ventu�e, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization; or 2. The end of the policy period, whichever is earlier; and C. The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. AC 84 0711 17 �O 2017 Liberty Mutual Insurance Page 1 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 11. EMPLOYEES AS INSUREDS Paragraph A.1. Who Is An Insured of SECTION 11- COVERED AUTOS LIABILITY COVERAGE is amended to add the foilowing: Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A. Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any "leased auto" until the expiration date of this policy or until the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. B. For any "leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured provision is changed to include as an "insured" the lessor of the "leased auto". However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You. 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating a"leased auto" with the permission of any of the above. C. Loss Payee Clause 1. We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" ta the covered "leased auto". 2. The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor of a"leased auto", we will obtain his or her rights against any other party. D. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. E. The lessor is not liable for payment of your premiums. F. For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such "leased auto". "Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the covered "auto" is out of service because of its breakdown, repair, servicing, "loss" or destruction. AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 2 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. IV. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS Subparagraphs A.2.a.(2) and A.2.a.(4) of SECTION 11 - COVERED AUTOS LIABILITY COVERAGE are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. V. FELLOW EMPLOYEE COVERAGE A. Exclusion B.S. of SECTION II - COVERED AUTOS LtABILITY COVERAGE does not apply. B. For the purpose of Fellow Employee Coverage only, Paragraph B.5. �f SECTION IV - BUSINESS AUTO CONDITIDNS is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. VI. PERSONAL PROPERTY OF OTHERS Exclusion 6. in SECTION II - COVERED AUTOS LIABILITY COVERAGE for a covered "auto" is amended to add the following: This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal property" of your "employees" or others while such property is carried by the covered "auto". The Limit of Insurance for this coverage is $5,000 per "accidenY'. Payment under this coverage does not increase the Limit of Insurance. For the purpose of this section of this endorsement, "personal property" is defined as any property that is not used in the individual's trade or business or held for the production or collection of income. VII. ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A. Paragraph A.4.a. of SECTION 111- PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we will pay is increased to $50 per day and to a maximum limit of $1,000. B. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: If your business is shown in the Declarations as something other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the place where it is recovered to its usual garaging location. VIII. AIRBAG COVERAGE Exclusion B.3.a. in SECTION 111- PHYSICAL DAMAGE COVERAGE is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. IX. TAPES, RECORDS AND DISCS COVERAGE Exclusion B.4.a. of SECTION 111- PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or data electronic devices: AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 3 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Are your property or that of a family member; and (2) Are in a covered "auto" at the time of "foss". The most we will pay for "loss" is $200. No Physical Damage Coverage deductible applies to this coverage. X. PHYSICAL DAMAGE DEDUCTIBLE - SINGLE DEDUCTIBLE Paragraph D, in SECTION 111 - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the fallowing: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. When two or more covered "autos" sustain "loss" in the same collision, the total of all the "ioss" for all the involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibles applying to all such covered "autos". XI. PHYSICAL DAMAGE DEDUCTIBLE — GLASS Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it. XII. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM Paragraph D. in SECTION 111- PHYSICAL DAMAGE COVERAGE is amended to add: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. XIII. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to: a. In the event of "accidenY', claim, "suiY' or "loss", your insurance manager or any other person you designate must notify us as soon as reasonably possible of such "accidenY`, claim, "suiY' or "loss". Such notice must include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3j To the extent possible, the names and addresses of any injured persons and witnesses. Knowledge of an "accidenY', claim, "suit" or "loss" by your agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "accident", claim, "suiY' or "loss" from your agent, servant or "employee". b. Additionally, you and any other involved "insu�ed" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 4 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suiY'. (3j Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. XV. WORLDWIDE LIABILITY COVERAGE - HIRED AND NONOWNED AUTOS Condition 8.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory means all parts of the world subject to the following provisions: a. If claim is made or "suiY' is brought against an "insured" outside of the United States of America, its territories and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate, negotiate, and settle or defend such claim or "suit". If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or defend the claim or "suiY' and we will reimburse the "insured" for the expenses reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The "insured" shall provide us with such information we shall reasonably request regarding such claim or "suiY' and its investigation, negotiation, and settlement or defense. The "insured" shall not agree to any settlement of the claim or "suif' without our consent. We shall not unreasonably withhold consent. b. We are not licensed to write insurance outside of the United States of America, its territories or possessions, Puerto Rico and Canada. We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto insurance. Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This insurance does not apply to such fines or penalties. XVI. HIRED AUTO PHYSICAL DAMAGE I# no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A. We will pay for "loss" unde� Comprehensive and Collision coverages to a covered "auto" of the private passenger type hired without an operator for use in your business: AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 5 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. The most we will pay for coverage afforded by this endorsement is the lesser of: a. The actual cost to repair or replace such covered "auto" with other property of like kind and quality; or b. The actual cash value of such covered "auto" at the time of the "loss". 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. B. For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you own. If no applicable deductible is shown in the Declarations, the deductible will be $250. If the Deciarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsement does not apply. C. Paragraph A.4.b. of SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a private passenger vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto' ; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900. XVII. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS For any covered "loss", the Limit of Insurance for Auto Medical Payments will be double the limit shown in the Declarations if the "insured" was wearing a seat belt at the time of the "accident". This is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds", premiums paid, claims made, or vehicles involved in the "accident". If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of this endorsement does not apply. XVIII. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS A. This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the Schedule to this endorsement. B. SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or her spouse while a resident of the same household except: AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 6 of 10 Includes copyrighted rnaterial of Insurance Services Office, Inc., with its permission. a. Any "auto" owned by that individuai or by any member of his or her household; or b. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2. The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her spouse, while a resident of the same household, are "insureds" while using any covered "auto" described in Paragraph B.1. of this endorsement. C. Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as follows: The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her "family members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member". D. SECTION 111- PHYSICAL DAMAGE COVERAGE is changed as follows: Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in the Drive Other Car section of the Schedule to this endorsement or his or her spouse while a resident of the same household except: 1. Any "auto" owned by that individual or by any member of his or her household; or 2. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E. For purposes of this endorsement, SECTION V- DEFINITIONS is amended to add the following: "Family member" means a person related to the individual named in the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. XIX. RENTAL REIMBURSEMENT COVERAGE A. For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage limit. C. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred; or 2. $30 per day with a maximum of $900 in any one period. AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 7 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. This coverage does not apply: 1. While there are spare or reserve "autos" available to you for your operations; or 2. If coverage is provided by another endorsement attached to this policy. E. If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Paragraph A.4. Coverage Extensions of SECTiON 111 — PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section VII of #his endorsement. XX. NOTICE OF CANCELLATION OR NONRENEWAL A. Paragraph A.2. of the COMMON POLICY CONDITIONS is changed to: 2. We may cancel or non-renew this policy by mailing written notice of cancellation or non-renewal to the Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non-renewal Schedule: a. For reasons of non-payment, the greater of: (1) 10 days; or (2) The number of days specified in any other Cancellation Condition attached to this policy; or b. For reasons other than non-payment, the greater of: (1) 60 days; (2) The number of days shown in the Cancellation and Non-renewal Schedule; or (3) The number of days specified in any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non-renewal. B. All other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto, remain in full force and effect. XXI. LOAN/LEASE PAYOFF COVERAGE The following is added to Paragraph C. Limits Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss' ; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and AC 84 0711 17 �O 2017 Liberty Mutual Insurance Page 8 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of $1,500 for each covered "auto". XXII.LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B.7, of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the fotlowing criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is arnended by the addition of the following: If a"loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXIII. WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accidenY', to waive rights of recovery against such person or organization. AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 9 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Schedule Premium Liability Physical Damage Total Premium XVIII. Drive Other Car LIAB MP Name of Individual UM UIM COMP COLL XX. Notice of Cancellation or Nonrenewal Name and Address Number of Days AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 10 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTNERS ENDORSEMEN7 This endorsement applies oniy to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( )Specific Waiver Name of person or organization ( x )Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All 7exas 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: Issued by Liberty Mutual Fire Insurance Company For attachment to Policy No.WC2-Z91-473015-031 Effective Date 06/20/2021 Premium $ Issued to Gilco Contracting, Inc. WC 42 03 04 B O Copyright 2014 National Council on Compensation Insurance, Inc. Page 1 of 1 All Rights Reserved. Policy Number TB7-Z91-473015-021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 2. Blanket Additional Insured — Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section II — Who Is An Insured is amended to add the following: Additional Insured by Written Agreement The following are insureds under the policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy: 1. Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 2. Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written �ease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of #he additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 58 01 17 O 2016 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessar; or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respec# to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural atterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s). 4. Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to tiability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s} or omission(s) or the aci(s) or omission(s) of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors. There is no coverage for the additionaf insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sale negligence. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services. 5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In connection with your premises; or b. In the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by or for you, including: LC 20 58 01 17 O 2016 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or for you. 6. Any Person or Organization Other Than a Joint Venture: Any person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission{s) or the act(s) or omission(s) of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with premises owned by or rented to you. This insurance does not apply to: a. Any person(s) or organization(s) more specifically covered in Paragraphs 1 through 5 above; b. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; or c. Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1 } The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured alfege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organization(s) as an insured under this Item 1: 1. Applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this palicy; 3. Does not apply to any person(s) or organization(s) for any "bodily injury", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this policy applies to such person(s) or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury"; 4. Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5. Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise ta the "personal and advertising injury" is committed. LC 20 58 01 1T O 2016 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 2. Blanket Additional Insured — Grantor Of Permits Paragraph 2. of Section II - Who Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, ar in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respect to the state, municipality or political subdivision; 1. Coverage will be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this policy. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury" or "property damage" included within the "products-completed operations hazard", except when required by written agreement initiated prior to loss; or 3. "Bodily injury", "property damage" or "personal and advertising injury", unless negligently caused, in whole or in part, by yau or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suiY'. LC 20 58 01 17 O 2016 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: AS2-Z9 9-47341 5-01 1 COMMERCIAL AUTO CA 20 481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED 1NSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Name Of Person(s) Or Organization{s): Any person or organization where the named insured has agreed b written contract to include such person or organization as a designated insured. Ilnformation required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "msured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1, of Section 11— Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I— Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 1013 O Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number TB7-Z91-473015-029 Issued by Liberty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Item 2. Item 3. Item 4. Item 5. Item 6. Item 7. Item 8. Item 9. Item 10. Item 11. Item 12. Item 13. Item 14. Reasonable Force Non-0wned Watercraft Extension Damage To Premises Rented To You — Expanded Coverage Bodily Injury To Co-Employees Health Care Professionals As Insureds Knowledge Of Occurrence Or Offense Notice Of Occurrence Or Offense Unintentional Failure To Disclose Bodily Injury Redefined Supplementary Payments — Increased Limits Properiy In Your Care, Custody Or Control Mobile Equipment Redefined Newly Formed Or Acquired Entities Waiver Of Right Of Recovery By Written Contract Or Agreement Item 1. Reasonable Force Exclusion a, of Section I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non-Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I— Coverage A— Bodily Injury And Property Damage Liability is reptaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You — Expanded Coverage A. The final paragraph of 2. Exclusions of Section I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Exclusions c. through n. do not apply io damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission af the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. B. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of "insured contract" in Section V— Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract' ; D. The paragraph immediately following Paragraph (6) of Exclusion j. of Section I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not appiy to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits of Insurance. Item 4. Bodily Injury To Co-Employees A. Paragraph 2. of Section 11— Who Is An Insured is amended to include: Each of the following is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) or "volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); (3) To your members (if you are a limited liability company); or (4) To a co-"employee" or "volunteer worker" while that co-"employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Paragraph 2.a.(1)(a) of Section II — Who Is An Insured does not apply to "bodily injury" forwhich insurance is provided by this paragraph. LC 32 799 11 18 O 2018 Liberty Mutual Insurance Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. ihe insurance provided by this Item 4. for "bodily injury" to a co='employee" or "volunteer worker" will not apply if the injured co-"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers' compensation law or any similar law. C. Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Health Care Professionals As Insureds A. Paragraph 2.a.(1)(d) of Section II — Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failure to provide professional health care services. However, any "employee" or "volunteer worker" of the Named Insured who is acting as a Good Samaritan in response to a public or medical emergency or who is a"designated health care provider" is an insured with respect to "bodily injury" and "personal and advertising injury" that: (i) Arises out of the providing of or failure to provide professional health care services; and (ii) Occurs in the course of and within the scope of such "employee's" or "volunteer worker's" employment by the Named Insured. B. With respect to "employees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I— Coverage A— Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I— Coverage B— Personal And Advertising Injury Liability: This insurance does not apply to: (1) Liability assumed under an "insured contracY' or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4j Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or (5) Punitive or exemplary damages, fines or penalties. C. The following definition is added to Section V— Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 6. Knowledge Of Occurrence Or Offense Knowledge of an "occurrence" or offense by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the "occurrence" or offense. LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 7. Notice Of Occurrence Or Offense For purposes of Paragraph 2.a. of Section IV — Commercial General Liability Conditions, you refers to your "executive o�cer" or "employee" that you have designated to give us notice. Item 8. Unintentional Failure To Disciose Unintentional failure of the Named tnsured to disclose all hazards existing at the inception of this Policy shall not be a basis for denial of any coverage afforded by this Policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. Item 9. Bodily Injury RedeFned The definition of "bodily injury" in Section V— Definitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of inental or emotional illness or distress. Item 10. Supplementary Payments — Increased Limits Paragraphs 1.b. and 1.d. of Section I— Supplementary Payments — Coverages A And B are replaced by the following: b. Up to $3,000 for the cost of bail bonds required because of accidents or tra�c law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to fumish these bonds. d. All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. Item 11. Property In Your Care, Custody Or Contral A. Paragraphs (3) and (4) of Exclusion j. of Section 1— Coverage A— Bodily Injury And Property Damage Liability are deleted. B. Additional Exclusion Coverage provided by this endorsement does not apply to "property damage" to property while in transit. C. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by Paragraph A. above is: $10,000 Each Occurrence Limit $75,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence". The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. Other Insurance This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this Policy. Item 12. Mobile Equipment Redefined The definition of "mobile equipmenY' in Section V— Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning. However, "mobile equipmenY' does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". Item 13. Newly Formed Or Acquired Entities A. Paragraph 3. of Section II — Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization; or (3) The end of the policy period whichever is earlier; b. Section 1— Coverage A— Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Section I— Coverage B— Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an ofFense committed before you acquired or formed the organization. B. The insurance afforded to any organization as a Named Insured under this Item 13. does not apply if a Broad Form Named Insured endorsement attached to this Policy applies to that organization. Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this Policy for injury or damage arising out of your ongoing operations or "your work" included in the "products-completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or "proper#y damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. LC 32 999 11 18 O 2018 Liberty Mutual Insurance Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS2-Z91-473015-011 issued by Liberty Mutual lnsurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. II. I11. IV. V. VI. VII. VII1. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII XIX. XX. XXI. XXII. XXIII Newly Acquired or Formed Organizations Employees as Insureds Lessor - Additional Insured and Loss Payee Supplementary Payments - Increased Limits Fellow Employee Coverage Personal Property of Others Additional Transportation Expense and Cost to Recover Stolen Auto Airbag Coverage Tapes, Records and Discs Coverage Physical Damage Deductible - Single Deductible Physical Damage Deductible - Glass Physical Damage Deductible - Vehicle Tracking System Duties in Event of Accident, Claim, Suit or Loss Unintentional Failure to Disclose Hazards Worldwide Liability Coverage - Hired and Nonowned Autos Hired Auto Physical Damage Auto Medical Payments Coverage Increased Limits Drive Other Car Coverage - Broadened Coverage for Designated Individuals Rental Reimbursement Coverage Notice of Cancellation or Nonrenewal Loan/Lease Payoff Coverage Limited Mexico Caverage Waiver of Subrogation 1. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization; or 2. The end of the policy period, whichever is earlier; and C. The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 1 of 10 tncludes copyrighted material of Insurance Services Office, Inc., with its penrtission. II. EMPLOYEES AS INSUREDS Paragraph A.1. Who Is An Insured of SECTIOW II - COVERED AUTOS LIABILITY COVERAGE is amended to add the following: Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A. Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any "leased auto" until the expiration date of this policy or until the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. B. For any "leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured provision is changed to include as an "insured" the lessor of the "leased auto". However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You. 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating a"leased auto" with the permission of any of the above. C. Loss Payee Clause 1. We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered "leased auto". 2. The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor of a"leased auto", we will obtain his or her rights against any other party. D. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. E. The lessor is not liable for payment of your premiums. F. For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such "leased auto". "Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the covered "auto" is out of service because of its breakdown, repair, servicing, "loss" or destruction. AC 84 0711 17 CO 2017 Liberty Mutual Insurance Page 2 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. IV. Si7PPLEMENTARY PAYMENTS - INCREASED LIMITS Subparagraphs A.2.a.(2) and A.2.a.(4) of SECTION 11 - COVERED AUTOS LIABILITY COVERAGE are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (inciuding bonds for related traffic law violations) required because of an "accideni" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. V. FELLOW EMPLOYEE COVERAGE A. F�cclusion B.S. of SECTION II - COVERED AUTOS LIABILITY COVERAGE does not apply. B. For the purpose of Fellow Employee Coverage only, Paragraph B.S. of SECTION IV - BUSINESS AUTO CONDITIONS is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. VI. PERSONAL PROPERTY OF OTHERS Exclusion 6. in SECTION 11- COVERED AUTOS LIABILITY COVERAGE for a covered "auto" is amended to add the following: This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal property" of your "employees" or others while such property is carried by the covered "auto". The Limit of Insurance for this coverage is $5,000 per "accidenY'. Payment under this coverage does not increase the Limit of Insurance. For the purpose of this section of this endorsement, "personal property" is defined as any property that is not used in the individual's trade or business or held for the production or collection of income. VII. ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we will pay is increased to $50 per day and to a maximum limit of $1,000. B. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: If your business is shown in the Declarations as something other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the place where it is recovered to its usual garaging location. VIII. AIRBAG COVERAGE Exclusion B.3.a. in SECTION tll - PHYSICAL DAMAGE COVERAGE is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. IX. TAPES, RECORDS AND DISCS COVERAGE Exclusion B.4.a. of SECTION 111- PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records, discs or o#her similar audio, visual or data electronic devices: AC 84 07 17 17 O 2017 Liberty Mutua! Insurance Page 3 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Are your properly or that of a family member; and (2j Are in a covered "auto" at the time of "loss". The most we will pay for "lass" is $200. No Physical Damage Coverage deductible applies to this coverage. X. PHYSICAL DAMAGE DEDUCTIBLE - SINGLE DEDUCTIBLE Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. When two or more covered "autos" sustain "loss" in the same collision, the total of all the "loss" for all the involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibles applying to all such covered "autos". XI. PHYSICAL DAMAGE DEDUCTIBLE — GLASS Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it. XII. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM Paragraph D. in SECTION 111- PHYSICAL DAMAGE COVERAGE is amended to add: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. XIII. DUTIES IN EVENT OF ACCIDENT, CLAIM, SU1T OR LOSS Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to: a. In the event of "accident", claim, "suit" or "loss", your insurance manager or any other person you designate must notify us as soon as reasonably possible of such "accident", claim, "suit" or "loss". Such notice must include: (1) How, when and where the "accidenY' or "loss" occurred; (2) The "insured's" name and address; and (3j To the extent possible, the names and addresses of any injured persons and witnesses. Knowledge of an "accident", claim, "suiY' or "loss" by your agent, servant or "employee" shall not be considered knawledge by you unless you, your insurance manager or any other person you designate has received notice of the "accidenY', claim, "suit" or "loss" from your agent, servant or "employee". b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 4 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suiY'. (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as otten as we reasonably require. XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. XV. WORLDWIDE LIABILITY COVERAGE - HIRED AND NONOWNED AUTOS Condition B.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory means all parts of the world subject to the following provisions: a. If claim is made or "suit" is brought against an "insured" outside of the United States of America, its territories and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate, negotiate, and settle or defend such claim or "suiY'. If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or defend the claim or "suiY' and we will reimburse the "insured" for the expenses reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The "insured" shall provide us with such information we shall reasonably request regarding such claim or "suiY' and its investigation, negotiation, and settlement or defense. The "insured" shall not agree to any settlement of the claim or "suiY' without our consent. We shall not unreasonably withhold consent. b. We are not licensed to write insurance outside of the United States of America, its territories or possessions, Puerto Rico and Canada. We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto insurance. Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This insurance does not apply to such fines or penalties. XVI. HIRED AUTO PHYSICAL DAMAGE If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A. We will pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private passenger type hired without an operator for use in your business: AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 5 of 10 tncludes copyrighted material of tnsurance Services bffice, Inc., with its permission. 1. The most we will pay for coverage afForded by this endorsement is the lesser of: a. The actual cost to repair or replace such covered "auto" with other property of like kind and quality; or b. The actual cash value of such covered "auto" at the time of the "loss". 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. B. For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you own. If no applicable deductible is shown in the Declarations, the deductible will be $250. If the Declarations show other deductibles for Physicat Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsement does not appty. C. Paragraph A.4.b. of SECTtON III - PHYSICAL DAMAGE COVERAGE is replaced by the following: b. loss of Use Expenses For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a private passenger vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto' ; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900. XVII. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS For any covered "loss", the Limit of lnsurance for Auto Medical Payments will be double the limit shown in the Declarations if the "insured" was wearing a seat belt at the time of the "accidenY'. This is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds", premiums paid, claims made, or vehicles involved in the "accidenY'. If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of this endorsement does not apply. XVIII. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS A. This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the Schedule to this endorsement. B. SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or her spouse while a resident of the same household except: AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 6 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. Any "auto" owned by that individual or by any member of his or her household; or b. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2. The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her spouse, while a resident of the same household, are "insureds" while using any covered "auto" described in Paragraph B.1. of this endorsement. C. Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as follows: The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her "family members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member". D. SECTION III - PHYSICAL DAMAGE COVERAGE is changed as follows: Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in the Drive Other Car section of the Schedule to this endorsement or his or her spouse while a resident of the same household except: 1. Any "auto" owned by that individual or by any member of his or her household; or 2. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E. For purposes of this endorsement, SECTION V- DEFINITIONS is amended to add the following: "Family member" means a person related to the individual named in the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. XIX. RENTAL REIMBURSEMENT COVERAGE A. For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay for rental reimbursement expenses incu�red by you for the rental of an "auto" because of a covered physical damage "loss" to an owned covered "auto". Such payment applies in addition to the othenNise applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage limit. C. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred; or 2. $30 per day with a maximum of $900 in any one period. AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 7 of 10 Includes copyrighted materiat of Insurance Services Office, fnc., with its permission. D. This coverage does not apply: 1. While there are spare or reserve "autos" available to you for yaur operations; or 2. If coverage is provided by another endorsement attached to this policy. E. If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Paragraph A.4. Coverage Extensions of SECTION 111 — PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section VII of this endorsement. XX. NOTICE OF CANCELLATION OR NONRENEWAL A. Paragraph A.2. of the CoMMON POLICY CONDITIONS is changed to: 2. We may cancel or non-renew this poficy by mailing written notice of cancellation or non-renewal to the Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non-renewal Schedule: a. For reasons of non-payment, the greater of: (1) 10 days; or (2) The number of days specified in any other Cancellatian Condition attached to this policy; or b. For reasons other than non-payment, the greater of: (1) 60 days; (2) The number of days shown in the Cancellation and Non-renewal Schedule; or (3) The number of days specified in any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non-renewal. B. All other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto, remain in full force and etFect. XXI. LOAN/LEASE PAYOFF COVERAGE The following is added to Paragraph C. Limits Of Insurance of SECTION 111 - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 8 of 10 Includes copyrighted materiaf of Insurance Services O�ce, Inc., with its permission. e. Carry-over balances from previous loans or ieases. This coverage is limited to a maximum of $1,500 for each covered "auto". XXII.LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEX1C0 CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFEIdSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEAAENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph 8.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.S. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a"loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "foss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXIII. WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. AC 84 0711 17 O 2017 l.iberty Mutual Insurance Page 9 of 10 Inciudes copyrighted material of Insurance Services Office, Inc., with its permission. Schedule Premium Liability Physical Damage Total Premium XVIII. Drive Other Car LIAB MP Name of Individual UM UIM COMP COLL XX. Notice of Cancellation or Nonrenewal Name and Address Number of Days AC 84 0711 17 O 2017 Liberty Mutuai Insurance Page 10 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement app�es 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 enfiorce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( )Specific Waiver Name of person or organization ( x )8lanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2% 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: Issued by Liberty Mutual Fire Insurance Company For attachment to Policy No.WC2-Z91-473015-031 Effective Date 06/20/2021 Premium $ Issued to Gilco Contracting, Inc. WC 42 03 04 B O Copyright 2014 National Council on Compensation Insurance, Inc. Page 1 of 1 All Rights Reserved. 1 2 3 4 5 6 7 8 9 10 11 12 13 SECTION 00 6213 ' PERFORMANCE BOND Bond #022233309 006213-1 PERFORMANCE BOND Page 1 of 3 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, GILCO CONTRACTING, INC. , l�own as "Principal" herein and Liberty Mutual Insurance Company , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as"Surety" herein (whether one or more), are held and firmly bound unto the Developer,170 NORTHSTAR RANCH DEVELOPERS, INC., authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corpora.tion ("City"), in the penal sum of, NINE HUNDRED TWENTY THREE THOUSAND FIVE HUNDRED SEVENTY NINE DOLLARS AND 14 SIXTY FIVE CENTS ($923,579.6�, lawful money of the United States, to be paid in Fort 15 Worth, Tazrant County, Texas for the payment of which sum well and truly to be made jointly 16 unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these presents. 18 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number 22- � 3� and 21 WHEREA5, the Principal has entered into a certain written contract with the Developer awarded 22 the � day of h�1 l�i'(LCI�k , 20�, which Contract is hereby referred to and made a 23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 24 and other accessories defined by Iaw, in the prosecution of the Work, including any Change 25 Orders, as provided for in said Contract designated as NORTHSTAR — SECTION 4, PHASE 3, � 26 27 28 29 30 31 32 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the Developer and/or City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH STANDARD CITY CONDTTIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 NORTHSTAR— SECTION 4, PHASE 3 CTfY PROJECT NO. 103495 006213-2 PERFORMANCE BOND Page 2 of 3 1 PROVIDED FiJRTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the �� day of M��'k 9 , 20� l0 11 12 13 14 IS 16 17 ATTEST: �' ia � j� 19 �l 20 (Principal) cr ry 21 22 �,---, 4 � 2 26 tness as to Principal 27 28 29 30 31 32 33 34 35 36 37 38 40 ��i.�.�c�,� v \�l. 41 Witness as to Surety 42 43 44 PRINCIPAL: Gilco Contracting, Inc. BY: v Signature Leia McOuien- Vice President Operations Name and Title Address: 6331 Southwest Boulevard Benbrook_ Texas 76132 SURETY: Liberty Mutual Insurance Company BY: �� � ��,� Si nature Sophinie Hunter, Attorney-In-Fact Name and Title Address: 2200 Renaissance Blvd., Suite 400 ing o russia, PA 1 40 Telephone Number: 214-989-0000 45 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 4G from the by-laws showing that this person has authority to sign such obligation. If 47 Surety's physical address is different from its mailing address, both must be provided. CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECfS CITY PROJECT NO. 103495 Revised January 31, 2012 006213-3 PERFORMANCE BOND Page 3 of 3 The date of the bond sha11 not be prior to the date the Contract is awarded. CITY OF FORT WORTH NORTHSTAR- SECTION 4, PHASE 3 STANDARD CT1Y CONDTI'IONS - DEVEIAPER AWARDED PROJECTS CITY PROJECT NO. 103495 Revised January 31, 2012 Bond #022233309 00 6214 -1 PAYMENf BOND Page 1 of 3 1 2 3 4 5 6 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 6214 PAYMENT BOND § § KNOW ALL SY THESE PRESENTS: § 7 That we, GII.CO CONTRACTING, INC. , known as "Principal" herein and g Liberty Mutual Insurance Company a corporate surety ( or sureties if more than 9 one), duly authorized to do business in the State of Texas, l�own as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, i70 NORTHSTA,R RANCH 11 DEVELOPERS, INC., authorized to do business in Texas "(Developer"), and the City of Fort 12 Worth, a Texas municipal corporation ("City'�, in the penal sum of NINE HUNDRED 13 TWENTY Tffit�E THOUSAND FIVE HUNDRED SEVENTY NINE DOLLARS AND 14 SIXTY FIVE CENTS ($923,579.65�, lawful money of the United States, to be paid in Fort 15 Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto 16 the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, fumly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 communiiy facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number 22- �3�;and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the �day of UI��CJ1k 20_�, which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as NORTHSTAR - SECTION 4, PHASE 26 3, 2% 0 28 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 29 Principal shall pay a11 monies owing to any (and all) payment bond beneficiary (as defined in 30 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 32 force and effect. C1TY OF FORT WORTH NORTHSTAR— SECTION 4, PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PRO7ECTS C1TY PROJECE NO.: 103495 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 3 2 3 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the �� da of Y 6 7 M►°�Yt�l� , 20�. PRINCIPAL: Gilco Contractin�, Inc. BY: � S nature ATTEST: ATTEST: ,���� n i� z:�,,.� (Surety) Secretary � � � <. o ,\ \ . ��� '�l � � 1+ � Witness as to Surety 8 9 10 11 12 Leia McOuien- Vice President, O,�erations Name and Title Address: 6331 Southwest Boulevard Benbrook. Texas 76132 SURETY: Liberty Mutual Insurance Company BY: ��luu�c. �-�i�tn Signat re Sophinie Hunter, Attorney-In-Fact Name and Title Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA ] 9406 Telephone Number: 214-989-0000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. C1TY OF FORT WORTH NORTHSTAR — SECTION 4, AHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PRO1ECE NO.: 103495 Revised January 31, 2012 006214-3 PAYMENTBOND Page 3 of 3 The date of ihe bond shail not be prior to the date the Contract is awarded. END OF SECTION CiT1' QF FORT WORTii NORTHSTAR— SECTtON 4, PHASE 3 STANDARD CITY CONDTITONS — DEVELOPER AWARDED PROJECI'3 CiTY PROJECT NO.: 103495 Revised January 31, 2012 Bond #022233309 1 2 3 4 5 6 7 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 6219 MAINTENANCE BOND 006219-1 MAINTENANCE BOND Page i of 3 § § KNOW ALL BY THESE PRESENTS: § 8 That we GILCO CONTRACTING, INC., known as "Principal" herein and 9 Liberty Mutual Insurance Company , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and �rmly bound unto the Developer,170 NORTHSTAR RANCH 12 DEVELOPERS, INC., authorized to do business in Texas ("Developer") and the City of Fort 13 Worth, a Texas municipal corporation ("City"), in the sum of NINE HUNDRED TWENTY 14 THREE THOUSAND FIVE HUNDRED SEVENTY NINE DOLLARS AND SIXTY FIVE 15 CENTS ($923,579.6�, , lawful money of the United States, to be paid in Fort Worth, Tarrant 16 County, Texas, for payment of which sum well and truly be made jointly unto the Developer and 17 the City as dual obligees and their successors, we bind ourselves, our heirs, executors, 18 administrators, successors and assigns, jointly and severally, firmly by these presents. 19 20 WHEREAS, Developer and City have entered into an Agreement for the construcrion of 21 community facilities in the City of Fort Worth by and through a Community Facilities 22 Agreement, CFA Number 22-�"1 ;and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the� day of I.JI-FYiLC��i 20 Z�! which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecufion of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 28 the "Work") as provided for in said Contract and designated as NORTHSTAR — SECTION 4, 29 30 31 32 33 34 PHASE 3 and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and C1TY OF FORT WORTH NORTHSTAR— SECTION 4, PHASE 3 STANDARD C1TY CONDTITONS — DEVELOPER AWARDED PROJEGTS CITY PROJECT NO.: 103495 Revised January 31, 2012 0 006219-2 MAIIQTENANCE BOND Page 2 of3 1 -- - - - 2 WHEREAS, Principal binds itself to repair or recflnstruct the Work in whole or in part 3 upon receiving notice from the Developer and/or City of the need thereof at any time within the 4 Maintenance Period. ' 5 6 NOW THEREFORE, the condirion of this obligation is such that if Principal sha11 7 remedy any defective Work, for wluch timely notice was provided by Developer or City, to a 8 completion satisfactory to the City, then this obligation sha11 become null and void; otherwise to 9 remain in full force and effect. l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed tiiat the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Sond; and PROVIDED Fi7RTHER, that if any legat action be filed on this Bond, venue sha111ie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be coniinuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTI� STANDARD CITY CONDTfIONS - DEVELOPER AWARDED PROJECfS Revised January 31, 2012 NORTHSTAR- SECTION 4, PHASE 3 C1TY PROJECT NO.: 103495 006219-3 MAINTENANCE BOND Page 3 of 3 i IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the � day of ��Uk 3 20 Z.v 5 6 7 8 9 10 11 AT'TEST: 12 ' 13 14 (Principal) Se et 15 16 1 � 19 �� 20 W ness as to Principal 21 22 23 24 25 26 27 28 29 ATTEST: 30 3 t .1��,0.. 111c �w�,.� 32 � (Surety) Secr�tary 33 � � � 34 � 35 Witness as to Surety 36 PRINCIPAL: Giico Contracting, Inc. BY: ignature Leia McOuien - Vice President Operations Name and Title Address: 6331 Southwest Boulevard Benbrook,Texas 76132 SURETY: Liberty Mutual Insurance Company BY: �� � �]� Sig ature Sophinie Hunter, Attomey-In-Fact Name and Title Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406 Telephone Number: 214-989-0000 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 41 The date of the bond shall not be prior to the date the Contract is awarded. � C1TY OF FORT WORTH NORTHSTAR— SECTION 4, PHASE 3 STANDARD CITY CONDIT[ONS — DEVELOPER AWARDED PRO1ECfS CITY PROJECT NO.: 103495 Revised January 31, 2012 STREET LIGHTS CONTRACT FORMS BEAN ELECTRICAL, INC. 00 q 1 00 DAP BID EORM �OR PUBLICLY BID PROIECTS ONLY Page 1 of3 SECTION 00 4100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: 17p NORTHSTAR RANCH DEVELOPER, INC. 3045 LACKLAND ROAD FORT WORTH, TEXAS 76116 FOR: NORTHSTAR — SECTION 4 PHASE 3 WATER, SANITARY SEWER, STORM SEWER, PAVING AND STREET LIGHTS IMPROVEMENTS City Project 103495 No.: Units/Sections: STREET LIGHTS 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreei�ent with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individuaI or entity to refi�ain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anytliing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" rneans an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at CITY OF FORT WORTH STANDARD CONSTRUCTION BI D FORM — OEVELOPER AW ARDEp PROJ ECTS 00 41 00 Bid Form — DAP.docx Form Revised Aprif 2, 2014 0o a i o0 DAP BID FO[tM FOR PUBLICLY BiD PROJGCTS ONLY Page 2 of 3 artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means hanning or threatening to harm, directly or indirectly, persons or their property to influence their paiticipation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. STREET LIGHTS 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 60 working days after the date when the Contract Time commences to run as provided in tlie General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Sectian 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 £ Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCfION 810 FORM— DEVELOPER AWARDED PROJECiS 00 q100 Bid Form— DAP.docx Form Revised Apri1 2, 2014 00 41 00 DAP BID FORM FOR PUf3LICLY BID PROIECTS ONLY Page 3 of J 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid $ 207,966.15 Alternate Bid $0.00 Deductive Alternate $0.00 Additive Alternate $0.00 TOTAL BID $ 207,966.15 7. Bid Submittal This Bid is submitted .' JITLY 1S, 2021 Res ectfull submii�ed P Y , ,J �_ / By: � (Signature) by the entity named below CHIP BEAN (Printed Name) Title: President <Title or Office> Company: BEAN ELECTRICAL, INC. <Company Name> Address: 821 ENON AVENUE <Address > <Address if applicable, otherwise delete> FORT WORTH, TEXAS 76140 <City, State, Zip Code> State of Incorporation: TEXAS Email: cl��•,�n �n c�aurlrru i,iL�uni Phone: 817-561-7400 Receipt is acknowledged of the following Addenda: Initial Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION BI D FORM — OEVELOPER AWARDED PROI ECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 00 42 43 BID PROPOSAL FORM 0042J3 DAP - BID PR(11'()CAL Pagc I of _' secnoN oo a2 as Developer Awarded Projects - PROPOSAL FORM NORTHSTAR - SECTION 4, PHASE 3(EAST TRACT) UNIT PRICE BID Final Contract C.P. No.: Bidder's Ai 2/10/2022 103495 ication �J.00SU Fumishllnstall - Holophane - Columbia Aluminum 5-1 Pole, Washington - 14.5' Luminaire WFCL2 - 070H0-30K-AS-BK- 34 41 20 LS-RFD-AO-H-PCS 5-2 34413303 Fumish/Install Rdwy Illum Foundation 'CY 7 34 41 20 5-3 26053015 Furnish/Install 2-Inch Conduit PVC SCH 80 (7� 26 OS 33 5� 3441.3401 Fumish/lnstall #]0 Copper Electric Conductor 34 41 10 5-5 3441.1501 Furnis6/Install Ground Box Type B 34 41 10 ` Note: Co-Serve is the electric provider and on this project theY "will not" provide the street liaht oole. GA 34 53,720.00 $126,4R0. EA 34 $1,125.00 $38,250. LF 2089 $16.50 $34,468. CLF 20A9 �3.85 $8,042. EA I $725.00 $725! NPROVEMENTS $207,966.1 CITY OF FORT WORTH STANDARD CONS7RUCIfON SPECffICATION DOCI.�MEENf'S - DEVELOPER AWARDED PROJECTS Form Version April 2, 2014 f10 42 43 - Final Bid Quantities - NORTHSTAR - SECTION 4, PHASE 3- 02-21-22.x1s O(i4243 DA7' - BID PROP0.SAL P�c 2 of2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM NORTHSTAR - SECTION 4, PHASE 3(EAST TRAC'1� Final Contract 2l10/2022 C.P. No.: 103495 UNIT PRICE BID Bidder's Application UNIT V: STREET LIGHTfNG IMPROVEMENTS __ Totat Construction Contractor agrees to complete WORK for FINAL ACCEPTANCE within 60 days working days after the date when the CONTRACT commences to run as provided io the General Conditions. END OF SECTION CITV OF FORT WORTH STANDARD CONS7RUCTION SPECiF7CAT10�1 M)Ct�1EN'f5 - DEVELOPER AWARDED PRO7EC1'S Farm Version Aprit 2, 2(i I4 (10 42 43 - Firtal Bid Quanlitie.e - NORTHSTAR - SECTION 4, PHASE 3- tl2d t-22.x1s 0o as iz DAP PREQUALIFICATION STATEMENT Pagc 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Tvpe" box nrovide the comnlete major work tvpe and actual description as provided bv the Water Denartment for water and sewer and TPW for pavin� Major Work Type Contractor/Subcontractor Company Name Prequalification Ex iration Date STREET LIGHTS BEAN ELECTRICAL, INC. March 9, 2023 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: BEAN ELECTRICAL, INC. Company 821 East Enon Address Fort Worth, Texas 76140 City/State/Zip /� By: Ro E Bean II / � {Please�i t _�.�=' Signature: % i � Title: President (Please Print) Date: March 17 2022 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCfION PREQUALIFICATION STATEMENT— DEVEIOPER AWARDED PROlECTS 00 45 12 Prequalification Statement 2015 DAP - BEAN Form Version September 1, 2015 00 45 26 - I CONTRACTOR COMPLIANCE WITH WORKER'S COMPGNSATION LAW Page f of 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 103495. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: BEAN ELECTRICAL, INC. Company 821 East Enon Address Fort Worth, Texas 76140 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § � Sigr Title: President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared � � 7� Z�� �� 1�-- , known to me to be the person whose name is subscribe to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of �� c=�; �,(= i<<-�,� �, �( "1� I-, c for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this + �� day of 1�'1c�v�h ,2oJ�-- _ , _ , ... _:: ; - � r; : � ;:�' . .. ..,: � ,�;� Notary Pu " in and fe� the Stat of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS Revised April 2, 20 t4 NORTHSTAR — SECTION 4, PHASE 3 CITY PROJECT No.: 103495 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on �- �1 � ZZ is made by and between the Developer, 4 170 NORTHSTAR RANCH DEVELOPER, INC., authorized to do business in Texas 5 ("Developer"), and BEAN ELECTRICAL, INC., authorized to do business in Texas, acting by 6 and through its duly authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete al] Work as specified or indicated in the Contract Documents for the I 1 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 NORTHSTAR — SECTION 4, PHASE 3— STREET LIGHTS 16 CITY PROJECT NO.: 103495 17 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 2l Documents are of the essence to this Contract. 22 32 Final Acceptance. 23 The Work will be �complete for Final Acceptance within 6� working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 25 City Conditions of the Construction Contract for Developer Awarded Projects. 26 3.3 Liyuidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer ONE THOUSAND DOLLARS, ($1,000) for each day that expires after the 36 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 37 of Acceptance. CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 4 38 Articte 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with tl�e Contract 40 Documents an amount in current funds of: TWO HiJNDRED SEVEN THOUSAND NINE 41 HUNDRED SIXTY SIX DOLLARS AND FIFTEEN CENTS, ($207,966.15) 42 Article 5. CONTRACT DOCIJMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 2. Attachments to this Agreement: 48 a. Bid Fonn (As provided by Developer) 49 1) Proposal Form {DAP Version) 50 2) Prequalifcation Statement 51 3) State and Federal documents (pf•oject specifrc) 52 b. Insurance ACORD Form(s) 53 c. Payment Bond (DAP Version) 54 d. Performance Bond (DAP Version) 55 e. Maintenance Bond (DAP Version) 56 f. Power of Attorney for the Bonds 57 g. Worker's Compensation Affidavit 58 h. MBE and/or SBE Commitment Fonn (If required) 59 3. Standard City General Conditions of the Construction Contract for Developer 60 Awarded Projects. 61 4. Supplementary Conditions. 62 5. Specifications specifically inade a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OP FORT WORTH NORTE-ISTAR — SECT[�N 4, PHASE 3 STANDARD CONSTRUCTION SPECIPICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised June l6, 2016 00 52 43 - 3 Developer Awarded Project A;reement Page 3 oP4 76 77 78 79 8Q 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its offcers, 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 nrovision is specificallv intended to onerate and he effective even if �t is allesed or nroven that all or some of the dama�es bein� sou�ht were caused, in whole or in part, by anv act omission or ne�ligence of the city. This indemn�ty 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. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and a11 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 suecificativ intended to oaerate and be effective even if it is alle�ed or proven that all or some of the damages bein� sought were caused in whole or in part, bv any act, om�ssion or ne�li�ence of the citv Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are de�ned in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 72 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by tlie 103 Contractor without tl�e advanced express written consent of the Developer. ] 04 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. ] 09 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all ll l remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STAIVDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDGD PROJECTS CITY PROJECT NO.: 103495 Revised June 16, 2016 005243-4 Developer Awarded Project Agreement Page 4 of 4 117 118 7.6 Authority to Sign. 119 120 121 122 123 124 125 126 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractor: BEAN ELECTRICAL, INC. � .. ; B !%� � (Signa — ! c,-� C �'�L,; ��� � (Printed Name) Title: (��'C � ► i_��l�' �- Company Name: BEAN ELECTRICAL, INC. Address: 2619 CAUSBIE ROAD City/State/Zip: FORT WORTH, TEXAS 76140 3-i�-Z2 Date 127 Developer: 170 NORTHSTAR RANCH DEVELOPER, INC. B -- (Signature) /l %IYI �-//�C. (Printed Name) Title: �C'� %�//'J�7�J�"'" Company name: 170 NORTHSTAR RANCH DEVELOPER, INC. Address: 3045 LACKLAND ROAD City/State/Zip: FORT WORTH, TEXAS 76116 tit/�i2cl� ZZ, ZoZ2 Date CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOAGR AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised June I6, 20 t 6 00 61 25 - 1 CERTIFICATE OF INSURANCE Page 1 of 1 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 00 6125 CERTIFICATE OF 1NSURANCE INSERT CERTIFICATE OF INSURANCE DOCUMENTS END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 NORTHSTAR - SECTION 4, PHASE 3 CITY PROJECT NO: 103495 SureTec Insurance Company THIS BOND RIDER CONTAINS 1MPORTANT COVERAGE INFORMATION FORCE MAJEURE RIDER The obligations of the Surety and Principal under the Band or Bonds ta which this Rider is annexed are subject to the following limitatians and conditions, to wit: that, it is a condition precedent to their liability hereunder that the contractual obligation (the contract or subcontract, as the case may be, being referred to in this Rider as the "Contract") between the Principal and the Obligee underlying this Bond includes (or shall be considered amended to include) a Force Majeure exclusion holding that the Principal and its Sureties shall not be held liabfe under this Bond or under the Contract for any impacts, delays, defaults, or damages related to Principal's work arising from, or related to epidemics, pandemics, medical emergencies, supply line interruptions, or natural disasters impacting the work required by the Contract, regardless of where such events occur, acts of God, terrorism, war, acts of government or administrative suspension, limitation, or shut-down, or the direct or indirect consequences or aftermath of any of the foregoing, and the Contract further provides that the Principal shall be entitled to an extension of the Contract Time and an equitable adjustment of the Contract Price, as a result of any of the exclusions heretofore cited. In the event the provisions for force majeure, time extensions, or equitable adjustment for time and money are more favorable to Principal in the Contract, than in this Rider, the more favorable shall apply. Revised 3-2009 SureTec Insurance Company lMPORTANT NOTICE Sta#utory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Traii, Suite 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-490-1007 Web: http://www.tdi.texas.qov Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispu#e concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Texas Ridet8/2019 POLICY NUMBER: TB2-Z91-471905-021 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE P4LICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Location s Of Covered O erations Blankef as required by written contract or agreement All Locations Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but anly with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the foflowing additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the pro}ect (other than service, maintenance or repairs) to be performed by or on behalf of the additionaf insured(sj at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in perForming operations for a principal as a part of the same project. CG 20 i01219 O Insurance Services Office, Inc., 2018 Page 1 of 2 C. Wi#h respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section 111— Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable iimits of insurance. wiil pay on behalf of the additional insured is the amount ofi insurance: 1. Required by the contract or agreement; or Page 2 of 2 OO Insurance Services Office, Inc., 2018 CG 2010 1219 POLICY NUMBER: TB2-Z91-471905-021 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIQNAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the folfowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract ar agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ilt — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 3712 19 �O Insurance Services Office, Inc., 2018 Page 1 af 1 Policy Number TB2-Z91-479905-021 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided undar the foilowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART index of modified items: Item 1. Bianket Additional insured Where Required By Written Agreement Lessors of Leased Equipment Manage�s or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 2. Blanket Additional tnsured — Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section II — Who Is An Insured is ame�ded to add the folfowing: Additionaf Insured By Written Agreement The following are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy: 1. Lessors of Leased Equipment: The person(s) or organization(s} from whom you lease equipment, but only with respect to liabili#y for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 2. Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 5811 18 O 2018 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s). 4. Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, orfailing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services. 5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In connection with your premises; or b. In the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by or for you, including: LC 20 5811 18 O 2018 Liberty Mutual Insurance Page 2 of 4 Inc►udes copyrighted material of Insurance Services Office, Inc., with its permission. a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or for you. 6. Any Person or Organization Other Than a Joint Venture: Any person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with premises owned by or rented to you. This insurance does not apply to: a. Any person(s) or organization(s) more specifically covered in Paragraphs 1. through 5. above; b. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; or c. Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organization(s) as an insured under this Item 1.: 1. Applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy; 3. Does not apply to any person(s) or organization(s) for any "bodily injury", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this Policy applies to such person(s) or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury"; 4. Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5. Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. LC 20 5811 18 O 2018 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services O�ce, Inc., with its permission. Item 2. Blanket Additional Insured — Grantor Of Permits Paragraph 2. of Section 11— Who Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connecfion with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or polifical subdivision as a condition of receiving and maintaining the permit. Such state, municipality or poli#ical subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respecf to the state, municipality or political subdivision: 1. Coverage will be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this Policy. This insurance does not appfy to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury" or "property damage" included within the "products-completed operations hazard", except when required by written agreement initiated prior to loss; or 3. "Bodily injury", "property damage" or "personal and advertising injury", unless negligenfly caused, in whole or in part, by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this Poticy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liabifity insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Commercial General �iability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit". LC 20 58 11 18 O 2018 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of fnsurance Services O�ce, Inc., with its permission. Policy Number TB2-Z91-471905-021 lssued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 17 CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: item 1. item 2. Item 3. Item 4. Item 5. Item 6. Item 7. Item $. Item 9. Item 10. Item 11. Item 12. Item 13. Item 14. Reasonable Force Non-Owned Watercraft Extension Damage To Premises Rented To You — Expanded Coverage Bodily Injury To Co-Employees Health Care Professionals As Insureds Knowledge Of Occurrence Or Offense Notice Of Occurrence Or Offense Unintentional Failure To Disclose Bodily Injury Redefined Supplementary Payments — Increased Limiis Property In Your Care, Custody Or Control Mobile Equipment Redefined Newly Formed Or Acquired Entities Waiver Of Right Of Recovery By Written Contract Or Agreement Item 1. Reasonable Force Exclusion a. of Section I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from fhe use of reasonable force to protect persons or property. Item 2. Non-Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I— Coverage A— Bodily Injury And Property Damage Liabitity is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You — Expanded Coverage A. The final paragraph of 2. Exclusions of Section 1— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted materiai of Insurance Services Office, Inc., with its permission. Exclusions c. through n. do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. B. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of "insured contracY' in Section V— Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; D. The paragraph immediately following Paragraph (6) of Exclusion j. of Section I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits of Insurance. Item 4. Bodily Injury To Co-Employees A. Paragraph 2. of Section II — Who Is An Insured is amended to include: Each of the following is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) or "volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); (3) To your members (if you are a limited liability company); or (4) To a co='employee" or "volunteer worker" while that co-"employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Paragraph 2.a.(1)(a) of Section II — Who Is An Insured does not apply to "bodily injury" for which insurance is provided by this paragraph. LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. The insurance provided by this item 4. for "bodily injury" to a co='employee" or "volunteer worker" will not apply if the injured co-"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers' compsnsation law or any similar law. C. Otherinsurance The insurance provided by this Item 4. is excess over any other valid and coliectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Health Care Prafessionals As Insureds A. Paragraph 2.a.(1)(d) of Section II — Who Is An lnsured is replaced by the following: (d) Arising out of his or her providing or failure to provide professional health care services. However, any "employee" or "volunteer worker" of the Named Insured who is acting as a Good Samaritan in response to a public or medical emergency or who is a"designated health care provider" is an insured with respect to "bodily injury" and "personal and advertising injury" that: (i) Arises out of the providing of or failure to provide professional health care services; and (ii) Occurs in the course of and within the scope of such "employee's" or "volunteer worker's" employment by the Named insured. B. With respect to "employees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I— Coverage A— Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I— Coverage B— Personal And Advertising Injury Liability: This insurance does not apply to: (9 ) Liability assumed under an "insured contracY' or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or (5) Punitive or exemplary damages, fines or penalties. C. The fol{owing definition is added to Section V— Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional heafth care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 6. Knowledge Of Occurrence Or Offense Knowledge of an "occurrence" or offense by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the "occurrence" or offense. LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 3 of 5 Includes copyrighted materiaf of Insurance Services O�ce, Inc., with its permission. item 7. Notice Of Occurrence Or Offense For purposes of Paragraph 2.a. of Section IV — Commercial General Liability Conditions, you refers to your "executive officer" or "employee" that you have designated to give us notice. ltem 8. Unintentional Faiiure To Disctose Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this Policy shall not be a basis for denial of any coverage afforded by this Policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. Item 9. Bodily Injury Redefined The definition of "bodily injury" in Section V— De�nitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of inental or emotional iliness or distress. Item 10. Supplementary Payments — Increased Limits Paragraphs 1.b. and 1.d. of Section l— Supplementary Payments — Coverages A And B are replaced by the following: b. Up to $3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily fnjury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or "suiY', including actual loss of earnings up to $500 a day because of time off from work. Item 11. Property In Your Care, Custody Or Control A. Paragraphs (3) and (4) of Exclusion j, of Section I— Coverage A— Bodily Injury And Property Damage Liability are deleted. B. Additional Exclusion Coverage provided by this endorsement does not apply to "property damage" to property while in transit. C. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by Paragraph A, above is: $10,000 Each Occurrence Limit $75,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence". The Aggregate Limit is the most we wilE pay for the sum of all damages under this Item 11. LC 32 199 11 18 Q 2018 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. Other Insurance This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this Policy. Item 12. Mobile Equipment Redefined The definition of "mobile equipment" in Section V— Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". Item 13. Newly Formed Or Acquired Entities A. Paragraph 3. of Section II — Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2} Separate coverage is purchased for the organization; or (3) The end of the policy period whichever is earlier; b. Section I— Coverage A— Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Section I— Coverage B— Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. B. The insurance afforded to any organization as a Named Insured under this Item 13. does not apply if a Broad Form Named Insured endorsement attached to this Policy applies to that organization. Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this Policy for injury or damage arising out of your ongoing operations or "your work" included in the "products-completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS2-Z91-471905-031 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. If. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XII1. XIV. XV. XVI. XVII. XVIII XIX. XX. XXI. XXII. XXIII Newly Acquired or Formed Organizations Employees as Insureds Lessor - Additional insured and Loss Payee Supplementary Payments - fncreased Limits Fellow Employee Coverage Personal Property of Others Additional Transportation Expense and Cost to Recover Stolen Auto Airbag Coverage Tapes, Records and Discs Coverage Physical Damage Deductible - Single Deductible Physical Damage Deductible - Glass Physical Damage Deductible - Vehicle Tracking System Duties in Event of Accident, Claim, Suit or Loss Unintentional Failure to Disclose Hazards Worldwide Liability Coverage - Hired and Nonowned Autos Hired Auto Physical Damage Auto Medical Payments Coverage Increased Limits Drive Other Car Coverage - Broadened Coverage for Designated Individuals Rental Reimbursement Coverage Notice af Cancellation or Nonrenewal Loan/Lease Payoff Coverage Limited Mexico Coverage Waiver of Subrogation 1. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only unfil; 1. The 90th day after you acquire or form the organization; or 2. The end of the policy period, whichever is earlier; and C. The caverage does not apply to an "accident" which occurred before you acquired or formed the organization. AC 84 07 11 17 OO 2017 Liberty Mutual Insurance Page 1 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. II. EMPLOYEES AS INSUREDS Paragraph A.1. Who Is An Insured of SECTtON il - COVERED AUTOS LtABILITY COVERAGE is amended to add the following: Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personai affairs. III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A. Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The caverages provided under this section apply to any "leased auto" until the expirafion date of this policy or untii the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. B. For any "leased auto" that is a covered "auto" under SECTION Il - COVERED AUTOS LfABILITY COVERAGE, Paragraph A.1. Who !s An Insured provision is changed to include as an "insured" the lessor of the "leased auto". However, the iessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You. 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operafing a"leased auto" with the permission of any of the above. C. Loss Payee Ctause 1. We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered "leased auto". 2. The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor of a"leased auto", we will obtain his or her rights against any other party. D. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to fhe lessor. 3. Cancellation ends this agreement. E. The fessor is not liable for payment of your premiums. F. For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such "leased auto". "Temporary substitute" means an "auto" fhat is furnished as a substitute for a covered "auto" when the covered "auto" is out of service because of its breakdown, repair, servicing, "loss" or destruction. AC 84 07 11 17 �O 2017 Liberty Mutual Insurance Page 2 of 10 Includes copyrighted material of Insurance Services Office, Inc., with ifs permission. IV. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS Subparagraphs A.2.a.(2) and A.2.a.(4) of SECTION II - COVERED AUTOS LIABILITY COVERAGE are deleted and replaced by the foliowing: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. V. FELLOW EMPLOYEE COVERAGE A. Exclusion B.S. of SECTION II - COVERED AUTOS LIABILITY COVERAGE does not apply. B. For the purpose of Fellow Employee Coverage only, Paragraph B.5. of SECTION IV - BUSINESS AUTO CONDITIONS is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. VI. PERSONAL PROPERTY OF OTHERS Exclusion 6. in SECTION II - COVERED AUTOS LIABILITY COVERAGE for a covered "auto" is amended to add the following: This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal property" of your "employees" or others while such property is carried by the covered "auto". The Limit of Insurance for this coverage is $5,000 per "accidenY'. Payment under this coverage does not increase the Limit of Insurance. For the purpose of this section of this endorsement, "personal property" is defined as any property that is not used in the individual's trade or business or held for the production or collection of income. VII. ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we will pay is increased to $50 per day and to a maximum limit of $1,000. B. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: If your business is shown in the Declarations as something other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the place where it is recovered to its usual garaging location. VIII. AIRBAG COVERAGE Exclusion 6.3.a. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. IX. TAPES, RECORDS AND DISCS COVERAGE Exclusion 6.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or data electronic devices: AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 3 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. {1) Are your property or that of a family member; and {2) Are in a covered "auto" at the time of "loss". The mos# we will pay for "loss" is $200. No Physical Damage Coverage deductible applies to this coverage. X. PHYSICAL DAMAGE DEDUCTIBLE - SINGLE DEDUCTIBLE Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: D. Deduciible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not appiy to "loss" caused by fire or lightning. When two or more covered "autos" sustain "loss" in the same collision, the total of all the "loss" for all the involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibies applying to all such covered "autos". XI. PHYSICAL DAMAGE DEDUCTiBLE — GLASS Paragraph D. in SECTIUN III - PHYSICAL DAMAGE COVERAGE is amended to add the following: No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it. XII. PHYSICAL. DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM Paragraph D. in SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended to add: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. XIII. DUTIES 1N EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to: a. In the event of "accident", claim, "suiY' or "loss", your insurance manager or any other person you designate must notify us as soon as reasonably possible of such "accidenY', claim, "suiY' or "loss". Such notice must include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Knowledge of an "accidenY', claim, "suiY' or "loss" by your agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "accident", claim, "suit" or "loss" from your agent, servant or "employee". b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 4 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. XV. WORLDWIDE LIABILITY COVERAGE - HIRED AND NONOWNED AUTOS Condition 6.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory means all parts of the world subject to the following provisions: a. If claim is made or "suiY' is brought against an "insured" outside of the United States ofAmerica, its territories and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate, negotiate, and settle or defend such claim or "suiY'. If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or defend the claim or "suiY' and we will reimburse the "insured" for the expenses reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The "insured" shall provide us with such information we shall reasonably request regarding such claim or "suiY' and its investigation, negotiation, and settlement or defense. The "insured" shall not agree to any settlement of the claim or "suiY' without our consent. We shall not unreasonably withhold consent. b. We are not licensed to write insurance outside of the United States of America, its territories or possessions, Puerto Rico and Canada. We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto insurance. Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This insurance does not apply to such fines or penalties. XVI. HIRED AUTO PHYSICAL DAMAGE If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A. We will pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private passenger type hired without an operator for use in your business: AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 5 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. The most we will pay for coverage afforded by this endorsement is the lesser of: The actual cost to repair or replace such covered "auto" with other property of like kind and quality; or b. The actual cash value of such covered "auto" at the time of the "loss". 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. B. For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you own. If no applicable deductible is shown in the Declarations, the deductible will be $250. If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsement does not apply. C. Paragraph A.4.b. of SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a private passenger vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900. XVII. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS For any covered "loss", the Limit of Insurance for Auto Medical Payments will be double the limit shown in the Declarations if the "insured" was wearing a seat belt at the time of the "accidenY'. This is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds", premiums paid, claims made, or vehicles involved in the "accidenY'. If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of this endorsement does not apply. XVIII. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS A. This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the Schedule to this endorsement. B. SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or her spouse while a resident of the same household except: AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 6 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. Any "auto" owned by that individuai or by any member of his or her household; or b. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2. The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her spouse, while a resident of the same household, are "insureds" while using any covered "auto" described in Paragraph B.1. of this endorsement. C. Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as follows: The foliowing is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her "family members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't own except: Any "au#o" owned by that individual or by any "family member". D. SECTION II! - PHYSICAL DAMAGE COVERAGE is changed as follows: Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in the Drive Other Car section of the Schedule to this endorsement or his or her spouse while a resident of the same household except: 1. Any "auto" owned by that individual or by any member of his or her household; or 2. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E. For purposes of this endorsement, SECTION V- DEFINITIONS is amended to add the following: "Family member" means a person related to the individual named in the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adop#ion who is a resident of the individual's household, including a ward or foster child. XIX. RENTAL REIMBURSEMENT COVERAGE A. For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to an owned covered "auio". Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage limit. C. Our payment is limited to the lesser of the foflowing amounts: 1. Necessary and actual expenses incurred; or 2. $30 per day with a maximum of $900 in any one period. AC 84 07 71 17 O 2017 Liberty Mutual Insurance Page 7 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. This coverage does not apply: 1. While there are spare or reserve "autos" availabie to you for your operations; or 2. If coverage is provided by another endorsement attached to this policy. E. If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section VII of this endorsement. XX. NOTICE OF CANCELLATION OR NONRENEWAL A. Paragraph A.2. of the COMMON POLICY CONDITIONS is changed to: 2. We may cancel or non-renew this policy by mailing written notice of cancellation or non-renewal to the Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non-renewal Schedule: a. For reasons of non-payment, the greater of: (1) 10 days; or (2) The number of days specified in any other Cancellation Condition attached to this policy; or b. For reasons other than non-payment, the greater of: (1) 60 days; (2) The number of days shown in the Cancellation and Non-renewal Schedule; or (3) The number of days specified in any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non-renewal. B. All other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto, remain in full force and effect. XXI. LOAN/LEASE PAYOFF COVERAGE The following is added to Paragraph C. Limits Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and AC 84 0711 17 O 2017 Liberty Mutual Insurance Page S of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of $1,500 for each covered "auto". XXIi.LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENTA CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a"loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXIII. WAIVER OF SUBROGATION Paragraph A.S. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 9 of 10 Includes copyrighted material of Insurance Seivices Office, Inc., with its permission. Schedule Premium Liability Physical Damage Total Premium XVIII. Drive Other Car LIAB MP Name of Individual UM UIM COMP COLL XX. Notice of Cancellation or Nonrenewal Name and Address Number of Days AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 10 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: AS2-Z91-471905-031 lssued by: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGtUATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the foflowing: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedute Name of Person(s) or Organizations(s): Regarding Designated Contract or Project: Each person or organization shown in the Schedufe of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section It of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 �O 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number AS2-Z91-471905-031 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the foliowing: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s) / Email Address or mailing address: Number Days Notice: Or anization s : A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification wiil not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 OO 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. X ° e �� utu WORKERS' COMPENSATION lNSURANCE WORKERS' C4MPENSATION AND EMPLOYERS LIABILITY POLICY WC420304B Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liabfe for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the ScMedule. Schedule 1. ( ) Specific Waiver Name of person or organization {X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work perFormed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 6/15/21 at 12:01 a.m. standard time, forms a part of: Policy no. 0002063431 of Texas Mutual Insurance Company effective on 6l15/21 Issued to: BEAN ELECTRICAL INC NCCI Carrier Code: 29939 1of1 This is not a bill PO Box 12058, Austin, TX 78711-2058 texasmutual.com �(800) 859-5995 � Fax (600) 359-0650 ��iti/l.� Authorized representative sist2 � WC 42 03 04 B 006213-1 PERFORMANCEBOND Page i of 3 1 2 3 4 5 6 7 8 .� THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 13 PERFORMANCE BOND # 4454433 § § KNOW ALL BY THESE PRESENTS: § That we, BEAN ELECRICAL, INC. , known as "Principal" herein and SURETEC INSURANCE, a corporate surety(sureties, if more than one) duly authorized to do business in 10 the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound I 1 unto the Developer, 170 NORTHSTAR RANCH DEVELOPER INC., authorized to do 12 business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 13 ("City"), in the penal sum of, TWO HUNDRED SEVEN THOUSAND NINE HUNDRED 14 SIXTY SIX DOLLARS AND FIFTEEN CENTS, ($207,966.15), lawful money of the United IS 16 17 18 States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number 22- �3 � and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 23 the � day of f'i/��'Ff" , 20�,which Contract is hereby referred to and made a 24 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 25 and other accessories defined by law, in the prosecution of the Work, including any Change 26 Orders, as provided for in said Contract designated as NORTHSTAR - SECTION 4, PHASE 3. 27 NOW, THEREFORE, the condition of this obligation is such that if the said PrincipaI 28 shall faithfully perform it obligations under the Contract and shall in all respects duly and 29 faithfuliy perform the Work, including Change Orders, under the Contract, according to the plans, 30 specifications, and contract documents therein referred to, and as well during any period of 31 extension of the Contract that may be granted on the part of the Developer and/or City, then this 32 obligation shall be and become null and void, otherwise to remain in full force and effect. 4 . � �� ;� , �,,� l "i CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103495 Revised January 31, 2012 0062 ]3-2 PERFORMANCE BOND Page 2 of 3 1 2 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the /� �� day of f9��{ 9 , 20 Z�t! 10 il 12 13 14 15 16 17 �8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 �ATTEST: �/ /�-'`�' rincipal) Secretary i� �/ , ,�; .� /� r L.' � y / (i' �� � Wimess as to Principal ��� �� � � __ __ Muni Rabah, Bond Account Manager PRINCIPAL: BEAN ELEC CAL, . BY: � _� Signature Name and Title Address: 821 EAST ENON FORT WORTH, TEXAS 76]4G SURETY: %'7 SureTec Tnsurance C�omuanv /J BY: Address: �v �--- 2255 Ridge Road. Ste 333 Rockwall�'TX 75087 Telephone Number: 972-772-7220 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. �; � � ",'. (��' � ,�.(-�'; C �, ,�,- CITY OF PORT WORTI i NORTHSTAR — SECT[ON 4, PHASE 3 STANDARD CITY CONDITIONS — DLV&LOPER AWARDED PROJECTS CITY PROJECT NO. 103495 Revised January 31, 2012 006213•3 PERFORMANCE BOND Page 3 of 3 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTES NORTHSTAR—SECTION 4, PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJLCT N0. 103495 Revised January 31, 2012 00 62 14 - 1 PAYMENT BOND Page 1 of 3 1 2 3 4 5 6 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 14 PAYMENT BOND # 4454433 § § KNOW ALL BY THESE PRESENTS: § 7 That we, BEAN ELECTRICAL, INC. , known as "Principal" herein and SURETEC 8 INSURANCE a corporate surety ( or sureties if more than one), duly authorized to do business 9 in the State of Texas, known as"Surety" herein (whether one or more), are held and firmly bound 10 unto the Developer, 170 NORTHSTAR RANCH DEVELOPER, INC., authorized to do i l business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the penal sum of TWO HUNDRED SEVEN THOUSAND NINE HUNDRED 13 SIXTY SIX DOLLARS AND FIFTEEN CENTS, ($207,966.15) , lawful money of the United 14 States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and 15 truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our 16 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents: 18 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, CFA Number 22- (�3 ;and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the �� day of F-j�C{k , 20�2 , which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as NORTHSTAR - SECTION 4, PHASE 26 3. 27 28 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 29 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 30 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 32 force and effect. �� , , � ., _ ,; '_;i" -r , � �.�, ,_.;, CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 3 1 2 �7 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the (� � day of 6 �.�tf�'Y�U� , 2o ZZ � ATTEST: �' ' , � / -, � �� � '�/ (Principal)�Secretary � ; �; i � / �� ,. ,,, C� JL, . i nes5 as to Principal ATTEST: tJIR (Surety) ecretary � � _-- Muni Rabah, Bond Account Manager 8 9 10 11 PRINCIPAL: BEAN ELE( � ROY R. BEAN, PRESIDENT Name and Title Address: 821 EAST ENON FORT WORTH, TEXAS, 76140 SURETY: Address: 2255 Ridge Road, Ste 333 Rockwall, TX 75087 Telephone Number: 972-772-7220 Note: If signed by an o�cer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. , - � -. CITY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised January 31, 2012 Johnny Moss, Attorney-in-Fact 00 62 l4 - 3 PAYMENT BOND Page 3 of 3 2 The date of the bond shall nat be prior to the date the Contract is awarded. 3 END O�' SECTION CITY OF FORT WORTH NORTEfSTAR — SECTION 4, PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised January 3l, 2012 006219-1 MA[NTENANCE BOND Page 1 of 3 1 2 3 4 5 6 7 8 7 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 19 MAINTENANCE BOND #4454433 § § KNOW ALL BY THESE PRESENTS: § That we BEAN ELECTRICAL, INC., known as "Principal" herein and SURETEC INSURANCE, a corporate surety (sureties, if more than one) duly authorized to do business in 10 the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound 11 unto the Developer, 170 NORTHSTAR RANCH DEVELOPER, INC. 12 authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal 13 corporation ("City"), in the sum of TWO HUNDRED SEVEN THOUSAND NINE 14 HUNDRED SIXTY SIX DOLLARS AND FIFTEEN CENTS, ($207,966.15) , lawful money 15 of the United States, to be paid in Fort Worth, Tanant County, Texas, for payment of which sum 16 well and truly be made jointly unto the Developer and the City as dual obligees and their 17 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 18 and severally, firmly by these presents. 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Worth by and through a Community Facilities - 22 Agreement, CFA Number 22- �03 �;and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the ���ay of i-�l �'iLCl�r , 20�, which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 28 the "Work") as provided for in said Contract and designated as NORTHSTAR - SECTION 4, 29 30 31 32 33 34 PHASE 3 and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and , 'J�r ��/ CITY OF FORT WORTH NORTHSTAR — SECT[ON 4, PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS C[TY PROJECT NO.: 103495 Revised January 31, 2012 0062 19-? MAINTENANCE BOND Page 2 of 3 1 � 3 4 5 6 7 8 9 10 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. I i PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 12 noticed defective Work, it is agreed that the Deveioper or City may cause any and all such 13 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 14 by the Principal and the Surety under this Maintenance Bond; and 15 16 17 18 19 20 21 22 23 24 PROViDED FURTHER, that if any legal action be filed on this Bond, venue shal] lie in Tarrant County, Texas or the United States District Court for the Northem District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH NORTHSTAR — SECTION 4, AHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PRO]ECTS C1TY PROJECT NO.: 103495 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 af 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the �� day of M�-! k 3 , 20� 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ATTEST: , ' i�� `•/l�' � i (Principal) ecretary , , ; � /��i i i� �w � - L �- -�—T—c . . WEt�ness as to Principai ROY R. BEAN/PRESIDENT Name and Title Address: 821 EAST ENON FORT WORTH, TEXAS 76140 SURETY: SureTec Insuranee Co any � ," ,-� � , BY: �•' -� Signature / Jolumy Moss, Attorney-in-Fact ATTEST: Iv � �l " (Surety) Secr�tary �, ,i� /��" .. Muni Ra , Bond Account Manager Address: : .•� :�.� ..;�l. �. Telephone Number: 972-772-7220 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. .: .; -r ". C1TY OF FORT WORTH NORTHSTAR — SECTION 4, PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROIECT NO.: 103495 Revised January 31, 2012 POA# 4221941 101(VT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatSureTec Insurance Company, a Corporation duty organized and existing under the laws of the State of Texas and having its principal office fn the Gounty oF Harris, Texas and Markel Insurance Company (the "Company"), a corporation duiy organized and existing under the laws of ihe state of Illinofs, and having its principal administrative offEce In Glen Allen, Virginia, does by these prese�ts make, constitute and appoint: Tony Fierro, Jay Jordan, Johnny Moss, Steven W. Searcey, Robert J. Shuya, Mistie Beck, Jeremy Bamett, Robert G. Kanuth, Jade Porter, Jennifer Cisneros, Jarreit Willson, Jack Nottingham Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on [heir own behalf, (ndlviduaily as a surety or jointly, as co-sureties, and as their att and deed any and all honds and other undertaking in suretyship provided, however, that the penal sum of any ane such instrument executed hereunder shall not exceed the sum of: Twenty Million and QO/100 Dollars ($20,000,000.00) This Power af Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Diredors of SureTec Insurance Company and Markel Insurance Company: "RESOIVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, ASsistant 5ecretary, Treasurer or Assistant 7reasurer and each af them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, quafifying the attorney or attorneys named in the glven power of attorney, to execute in behalf of, and acknowledge as the ac[ and deedof the SureTec Insurance Campany and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to a�x the corporate seal thereto." IN WITNE55 WHEREOF, Markel Insurance Company andSureTet insurance Company have caused thetr official sealto be hereunto affixed and these presenu to be signed by their duly authorized o�cers on the 15th day of Fe6ruary , pp� . SureTecinsurance Company By: �i�1�%�f�►�f Michael C Keimig, Preside State of Texas Counry of Harris: 6U�c `````U���C��'', Marke! surance pany �V�Xµ,9 �O ��������0� . ���J ro =�� SEAL :�,` Bv � w. W y y, Y� i= ,p ••� 1 T �•.,g��;; t,` indey Jen �gs; vice res�dent ` ....*...• ����pptiin�t���`` On this �5th day of February , Zo22 A, D„ before me, a Notary Pu61ic of the State of Texas, in and for the County of Harris, duly commissioned and quaiified, came THE ABOVE OFFICEItS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who execute d the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, dispased and said that they are the officers of the said companies aforesaid, and that the seais affixed to the proceeding instrument are the Carporate Seals of sald Companies, and the said Corporate Seals and their signatures as officers were duly affixed and su6scribed to the said Instrumen� by the authority and direction of the sa(d companies, and that Resolutfons adopted 6y the eoard of �iredors of said �ompanies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affrxed my Officfal Sea� atthe County of Harris, the day and year tirst above written. ,,•.��A„�e,, XENIA RIVAS • ;;°(? �`�` Notary Pubiic Staie of Texas ey; � `���� � � Commission # 129117659 x • � a5, r,o �y v�ni�� ,.,_ ti�� oF ti�,,: '" Commission Expires 9/10/24 My co mission expires 9/10/2024 We, the undersigned Officers of Sure7ec Insurance Company and Marke! Insurance Company do herby certify that the original PO WER OF ATTORNEY of which the foregoi�g (s a full, true and corred copy Is still In full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the day of S re7ec Insu nce Comp y By: M. Br t Beaty, As stan[ Secre ry By: Ma elln anceCompany A drew arquis, Assistan ecretar Any Instrument Issued inexaessof the perelry stated above is tota�ly void and without anyvalidiry. 4221941 For verification of the authority d this Power you may call (713�12-0800on any b�siress day between S:30AM and 5:00 PM 6T. ,� ry.�r� ' � �� r--, �',s� 007300-1 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 1 of 24 Section 00 73 00 Supplemental Conditions to the Standard General Conditions of the Construction Contract Table of Contents ARTICLE 1-DEFINITIONS AND TERMINOLOGY ................................................................................................... 3 SC1.01 Defined Terms ................................................................................................................................ 3 SC1.02 Terminology ................................................................................................................................... 3 ARTICLE 2-PRELIMINARY MA7TERS ..................................................................................................................4 SC2.02 Copies of Documents .......................................................................................................................4 SC 2.03 Before Starting Construction .............................................................................................................4 ARTICLE 4— COMMENCEMENT AND PROGRESS OF THE WORK .........................................................................4 SC 4.01 Commencement of Contract Times; Notice to Proceed ........................................................................4 SC4.02 Starting the Work ............................................................................................................................4 SC4.03 Reference Points ............................................................................................................................. 5 ARTICLE 5— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTALCONDITIONS ...................................................................................................................... 6 SC 5.03 Subsurface and Physical Conditions .................................................................................................. 6 SC 5.06 Hazardous Environmental Conditions ............................................................................................... 6 ARTICLE 6-BONDS AND INSURANCE ................................................................................................................ 7 SC 6.01 Performance, Payment, and Other Bonds ......................................................................................... 7 SC 6.02 Insurance-General Provisions ..................................................................................................... 8 SC 6.03 Contractor's Insurance .................................................................................................................... 8 ARTICLE 7— CONTRACTOR'S RESPONSIBILITIES ............................................................................................13 SC 7.01 Supervision and Superintendence ...................................................................................................13 SC7.02 Labor; Working Hours ....................................................................................................................14 SC 7.06 Concerning Subcontractors, Suppliers, and Others ............................................................................16 SC7.09 Taxes ...........................................................................................................................................16 SC7.12 Safety and Protection ....................................................................................................................17 SC 7.16 Shop Drawing, Samples, and Other Submittals .........................................18 SC 7.17 Contractor's General Warranty and Guarantee .................................................................................18 NORTHSTAR - SECTION 4. PHASE 3 Project No. 103495 007300-2 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 2 of 24 SC7.18 Indemnification .............................................................................................................................. 18 SC 7.19 Delegation of Professional Design Services ....................................................................................... 21 ARTICLE 13-COST OF WORK; ALLOWANCES; UNIT PRICE WORK ....................................................................... 22 SC13.01 Cost of Work ................................................................................................................................ 22 LIST OF TABLES Table 1: Additional Insureds .................................................................................................................... 11 Table2: Prevailing Wage Rates .................................................................................................................14 Table 3: Additional Indemnified Parties ....................................................................................................20 NORTHSTAR - SECTION 4, PHASE 3 Project No. 103495 007300-3 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 3 of 24 Section 00 73 00 Supplemental Conditions to the Standard General Conditions of the Construction Contract These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, E7CDC0 C-700 (2013 Edition). All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1 - .DEFINITIONS AND TERMINOLOGY SC 1.01 Defined Terms SC 1.O1.A Add the following new paragraphs immediately after Paragraph 1.O1.A.48: 49. "Construction Manager" shall mean the person designated by Owner, who shall be the Owner's agent for making decisions or giving approvals at the Project Site which may be necessary or prudent for the smooth flow of the Work. All notices required to be given by Contractor to Owner in this Contract shall be deemed properly delivered to Owner when delivered to Construction Manager and Contractor shall be entitled to rely on Construction Manager's instruction and approvals. Owner shall have the right to change the Construction Manager at any time. 50. "Developer" shall mean An individual or entity that desires to make certain improvements within the City of Fort Worth. 51. "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. SC 1.02 Terminology SC 1.02.C. Delete Paragraph 1.02.C. in its entirety and insert the following in its place: NORTHSTAR — SECTION 4, PHASE 3 Project No. 103495 007300-4 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 4 of 24 C. Day; The word "Day" means "Calendar Day." Calendar Day is defined as any day indicated on the calendar, for any given year, including Saturdays and Sundays. A"Calendar Day" is further defined as every day of the year, excluding the following recognized legal Holidays; New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday following, Christmas Eve and Christmas Day. ARTICLE 2-PRELIMIIVARY MATTERS .SC 2. 02 Copies of Documents SC-2.02.A Amend the first sentence of Paragraph 2.02.A. to read as follows: Owner shall furnish to Contractor two (2) copies of the Contract Documents (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). SC 2. 03 Before Starting Construction SC 2.03.A.1 Delete Paragraph 2.03.A.1. in its entirety and insert the following in its place: 1. A preliminary progress schedule shall detail all phases of construction, including project clean up, and allow the contractor to complete the work in the allotted time. Contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. ARTICLE 4_COMMENCEMENT AND PROGRESS OF THE WORK SC 4.01 Commencement of Contract Times; Notice to Proceed SC 4.O1.A Delete Paragraph 4.O1.A. in its entirety and insert the following in its place: A. Upon execution of contract documents by the owner, a written Notice to Proceed will be issued by Engineer. No work will be authorized to be done by the Contractor until the Notice to Proceed is received and any work done will be the sole responsibility of the Contractor. SC 4. 02 Starting the Work SC 4.02.A Delete Paragraph 4.02.A. in its entirety and insert the following in its place: NORTHSTAR - SECTION 4. PHASE 3 Project No 103495 007300-5 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 5 of 24 A. The Contractor shall commence work within ten (10) calendar days after the date of written notice. SC 4.03 Reference Points SC 4.03.A Delete Paragraph 4.03.A. in its entirety and insert the following in its place: A. A one-time survey staking shall be provided by the Engineer, which will include the following: 1. Set initial construction control. 2. Stake and grade both sides of right-of-way of roadways at 100' stations or at lot corners for excavation/fill operations. 3. Stake and grade building pad areas (front & rear). 4. Perform verification of street, alley, and pad grades prior to utility work. 5. Stake with offsets storm drains, inlets and headwalls. Set hubs for construction of tops/inverts 6. Stake sanitary sewer alignment with flowline elevations at 50'intervals. Set hubs for construction of manhole tops. 7. Stake lot corners of street right-of-ways for sanitary sewer laterals and water services. 8. Stake lot corners right-of-way for water mains with fire hydrant locations and grades. Where water main is non-concentric to right-of-way, stake centerline of water mains at 50' intervals. 9. Perform verification of utility contractors re- grading of streets after utility installation. 10. Stake and grade with an offset back of curb/edge of pavement at 50' intervals. 11. Stake lot corners for franchise utility construction. 12. Stake and grade retaining walls. 13. Final set all lot corners after final construction as required by final plat. NORTHSTAR - SECTION 4, PHASE 3 Project No. 103495 007300-6 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 6 of 24 14. Verify completed final graded building pad elevations. SC 4.03 Add the following paragraph after 4.03.A: B. The Contractor shall notify the Engineer seven (7) days prior to start-up so as to allow the Engineer to set his control and provide stakes for construction. The Contractor shall notify the Engineer, in writing, at least SEVENTY-TWO (72) hours in advance of the date when specific staking services are desired, giving the specific location and/or limiting stations. The Engineer shall be notified of any change of sequence of schedule which is established in the pre-construction meeting. ARTICLE 5— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL COIVDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC S. 06 Hazardous Environmental Conditions SC 5.06 Delete Paragraphs 5.06.A and 5.06.B in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 6-BONDS AND INSURANCE SC 6.OIPerformance, Payment, and Other Bonds SC 6.O1.A Delete paragraph 6.O1.A in its entirety and insert the following in its place: 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 for the bid proposal form as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. SC 6.O1.D Delete paragraph 6.O1.D in its entirety and insert the following in its place: 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 6.O1.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 6.O1.0 and SC 6.O1.I. NORTHSTAR - SECTION 4, PHASE 3 Project No. 103495 007300-7 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 7 of 24 SC 6.01 Add the following paragraphs after 6.O1.F: G. Contractor shall furnish maintenance bonds in the name of the 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. H. 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 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects and Supplemental Conditions. SC 6.02 Insurance-General P�ovisions SC 6.02.A Add the following language at the end of Paragraph 6.02.A: and Article 4 in the Standard City Conditions of The Construction Contract For Developer Awarded Projects (Section 00 73 10). SC 6.02.B Delete the following paragraph and insert the following in its place: B. All 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 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects (Section 00 73 10) and Supplemental Conditions. SC 6.02.D Delete the following paragraph and insert the following in its place: D. Not Used SC 6.02.F pelete the following paragraph and insert the following in its place: F. Not Used SC 6.03 Contractor's Insurance NORTHSTAR — SECTION 4, PHASE 3 Project No. 703495 007300-8 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 8 of 24 SC 6.03.A Delete paragraph 6.03.A in its entirety and insert the following in its place: 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 pertormance 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 pertorm 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 i. $100,000 each accident/occurrence ii. $100,000 Disease - each employee iii. $500,000 Disease - policy limit SC 6.03.6 Delete paragraph 6.03.B in its entirety and insert the following in its place: B. Commercial Genera/ 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 primaty 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 NORTHSTAR — SECTION 4, PHASE 3 Project No. 103495 007300-9 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 9 of 24 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. SC 6.03.0 Delete paragraph 6.03.0 in its entirety and insert the following in its place: C. Not Used SC 6.03.D Delete paragraph 6.03.D in its entirety and insert the following in its place: D. 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. i. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: ii. $250,000 Bodily Injury per person iii. $500,000 Bodily Injury per accident iv. $100,000 Property Damage SC 6.03.E Delete paragraph 6.03.E in its entirety and insert the following in its place: E. Not Used NORTHSTAR - SECTION 4, PHASE 3 Project No. 103495 00 73 00-10 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 10 of 24 SC 6.03.F Delete paragraph 6.03.F in its entirety and insert the following in its place: F. Not Used SC 6.03.G Add the following language at the end of Paragraph 6.03.G. The entities listed in Table 1: Additional Insureds are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. Table 1: Additional Insureds 1. City 2. FG Aledo Development, LLC 3. Morningstar Ranch Municipal Utility District Nos. 1 and 2 SC 6.03.1 Delete paragraph 6.03.1 in its entirety and insert the following in its place: I. 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. 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. 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. NORTHSTAR — SECTION 4, PHASE 3 Project No. 103495 00 73 00-11 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 11 of 24 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 ar 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 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. NORTHSTAR — SECTION 4, PHASE 3 Project No. 103495 00 �3 00 - sz Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 12 of 24 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 modi�cations 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. ARTICLE 7— CONTRACTOR'S RESPONSIBILITIES SC 7.01 Supervision and Superintendence SC 7.01.B Delete paragraph 7.O1.B in its entirety and insert the following in its place: 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 Citv, Owner, and Enqineer 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. SC 7.01 Add the following paragraphs after 7.01.B: C. Contractor shall notify the Citv, Owner, and Enaineer 24 hours prior to moving areas during the sequence of construction. D. The Contractor shall notify the Enqineer seven (7) days prior to start-up so as to allow the Engineer to set his control and provide stakes for construction. The Contractor shall notify the Engineer, in writing, at least SEVENTY-TWO (72) hours in advance of the date when specific staking services are desired, giving the specific location and/or limiting stations. The Engineer shall be notified of any change of sequence of schedule which is established in the pre-construction meeting. NORTHSTAR — SECTlO/V 4, PHASE 3 Project No. 103495 00 73 00-13 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 13 of 24 SC 7.02 Add the foliowing new paragraphs after 7.02.B: C. Wage Rates: The contractor is required to pay prevailing wage rates as defined in 5.08.A- H of the Standard City Conditions of the Construction Contract for Developer Awarded Contracts. i. The Prevailing Wage Rates for Heavy and Highway Construction Projects as provided by the City in Table 2: Prevailing Wage Rates are as follows: Table 2: Prevailing Wage Rates CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 NORTHSTAR — SECTION 4, PHASE 3 Project No. 103495 00 73 00-14 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 14 of 24 I Asphalt Raker Broom or Sweeper Operator Concrete Finisher, Paving and Structures Concrete Pavement Finishing Machine Operator Concrete Saw Operator Crane Operator, Hydraulic 80 tons or less Crane Operator, Lattice Boom 80 Tons or Less Crane Operator, Lattice Boom Over 80 Tons Crawler Tractor Operator Electrician Excavator Operator, 50,000 pounds or less Excavator Operator, Over 50,000 pounds Flagger Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator, 3 CY or Less Front End Loader Operator, Over 3 CY Laborer, Common Laborer, Utility Loader/Backhoe Operator Mechanic Milling Machine Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Off Road Hauler Pavement Marking Machine Operator Pipelayer Reclaimer/Pulverizer Operator Reinforcing Steel Worker Roller Operator, Asphalt Roller Operator, Other Scraper Operator Servicer Small Slipform Machine Operator Spreader Box Operator Truck Driver Lowboy-Float Truck Driver Transit-Mix Truck Driver, Single Axle Truck Driver, Single or 7andem Axle Dump Truck Truck Driver, Tandem Axle Tractor with Semi Trailer Welder Work Zone Barricade Servicer $ 12.69 $ 11.74 $ 14.12 $ 16.05 $ 14.48 $ 18.12 $ 17.27 $ 20.52 $ 14.07 $ 19.80 � $17.19 $16.99 $10.06 $ 13.84 $13.16 $17.99 $21.07 $ 13.69 $ 14.72 $ 10.72 $ 12.32 $ 15.1$ $ 17.68 $ 14.32 $ 17.19 $ 16.02 $ 12.25 $ 13.63 $ 13.24 $ 11.01 $ 16.18 $ 13.08 $ 11.51 $ 12.96 $ 14.58 $ 15.96 $ 14.73 $ 16.24 $ 14.14 $ 12.31 $ 12.62 $ 12.86 $ 14.84 $ 11.68 NORTHSTAR - SECTION 4, PHASE 3 AroJect No. 103495 00 73 00-15 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 15 of 24 The Davis-Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas' Standard Job Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas. SC 7. 06 Concerning Subcontractors, Suppliers, and Others SC 7.06.A Add the following paragraph immediately following 7.06.A: A. Pre-Qua/ification of Bidders (Contractors and Subcontractors): All Work on Water, Sewer, Drainage, Paving, and Street Light Improvements shall be performed by pre-qualified contractors as determined by the City of Fort wortn. SC 7.06 Add the following paragraph immediately following 7.06.0: P. All work performed by a Subcontractor must comply with prevailing wage rates as defined in Table 2: Prevailing Wage Rates on Page 14. SC 7. 09 Taxes SC 7.09.A Delete Paragraph 7.09.A in its entirety and insert the following in its place: A. On a contract awarded by the Municipal Utility District, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. SC 7.09 Add the following new paragraph immediately after Paragraph 7.09.A: B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division NORTHSTAR - SECTION 4, PHASE 3 Project No. 103495 00 73 00-16 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 16 of 24 Capitol Station Austin, TX 78711; or 2. h#tn://www window state tx us/taxinfo/taxforms/93 forms.html SC 7.12 Safety and P�otection SC 7.12.A Add the following new paragraphs immediately after Paragraph 7.12.A.3. 4. All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. 5. By ordinance, the contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at (817) 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. 6. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 7. Fences: The Contractor will be required to replace or repair all fences (hog wire, barbed wire, cyclone, wood, etc.) damaged or moved in connection with operations under this contract, using new material where necessary. The Contractor will be allowed to replace the original fence or relocate the fence, whichever is required, using the materials from the original fence, providing this material is usable in the opinion of the Engineer. When new material is necessary, such material will be a replacement of the original fence as regards to type of fencing, posts, and construction. The cost of NORTHSTAR - SECTION 4, PHASE 3 Project No. 103495 00 73 00-17 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 17 of 24 this fence replacement will be considered incidental and included in the unit bid price for the respective item affected. SC-7.12.E. Amend the 15t sentence of paragraph 7.12.E. by adding the following paragraph references after 7.12.A.3: "7.12.A.5" and "7.12.A.7" SC 7.16 Shop Drawing, Samples, and Other Subfnittals SC 7.16.A Amend paragraph 7.16.A by inserting the following sentence before the first sentence of paragraph A: Atl Work on Water, Sewer, Drainage, Paving, and Street Light Improvements shall comply with 5.16 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects (Section 00 73 10). SC 7.17 Contractor's General WarYanty and Guarantee SC 7.17.A Amend paragraph 7.17.A by inserting the following sentence before the first sentence of paragraph A: All Work on Water, Sewer, Drainage, Paving, and Street Light Improvements shall comply with 5.17 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects (Section 00 73 10). SC 7.18 Indemnification SC 7.18.A Delete Paragraph 7.18.A in its entirety and insert the following in its place: P. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, OWNER, DEVELOPER ITS BOARD, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, ENGINEER AND ITS CONSULTANTS, DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES AND DEVELOPER AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE "INDEMNITEES"), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, LIENS OR CLAIMS OF LIEN, SETTLEMENTS, LIABILITIES, COSTS, EXPENSES, FINES, AND JUDGMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE AND NECESSARY COURT COSTS, EXPERTS' FEES AND ATTORNEY'S FEES) (COLLECTIVELY, "LOSSES"), WHETHER ARISING IN EQUITY, AT COMMON LAW, OR BY STATUTE, INCLUDING WITHOUT LIMITATION THE TEXAS DECEPTIVE TRADE NORTHSTAR - SECTION 4, PHASE 3 Project No. f 03495 00 73 00-18 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 18 of 24 PRACTICES ACT (AS AMENDED) OR SIMILAR STATUTE OF OTHER JURISDICTIONS, OR UNDER THE LAW OF CONTRACTS, TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY WITHOUT REGARD TO FAULT) OR PROPERTY, OF EVERY KIND OR CHARACTER INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PROPERTY DAMA6E, PERSONAL INJURY, EMOTIONAL DISTRESS AND ECONOMIC LOSS, ARISING IN FAVOR OF OR BROUGHT BY ANY OF THE CONTRACTOR'S EMPLOYEES, AGENTS, SUBCONTRACTORS, SUPPLIERS OR REPRESENTATNES, OR BY ANY GOVERNMENTAL AGENCY OR ANY PERSON OR PARTY, BASED UPON, IN CONNECTION WITH, RELATING TO OR ARISING OUT OF THE WORK, THE CONTRACTOR'S FAILURE TO COMPLY WITH THE CONTRACT DOCUMENTS, OR THE CONTRACTOR'S ACTIONS OR INACTIONS UNDER THE CONTRACT DOCUMENTS, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PAY TAXES OR FAILURE TO COMPLY WITH ANY APPLICABLE LAW, AND EVEN IF ANY SUCH LOSSES ARE DUE IN PART TO ANY INDEMNITEES' CONCURRENT, ]OINT OR CONTRIBUTORY NEGLIGENCE OR OTHER FAULT, BREACH OF CONTRACT OR WARRANTY, VIOLATION OF STATUTE, OR STRICT LIABILITY WITHOUT REGARD TO FAULT. 1. IT IS THE EXPRESS INTENTION OF THE CONTRACTOR TO INDEMNIFY THE INDEMNITEES FROM THE CONSEQUENCES OF THEIR RESPECTIVE JOINT, PARTIAL OR CONTRIBUTORY NEGLIGENCE. THE INDEMNIFICATION OBLIGATION UNDER THIS PARAGRAPH SHALL SURVIVE COMPLETION OF THE PROJECT, TERMINATION OF THE CONTRACT, FINAL PAYMENT AND/OR ABANDONMENT OF THE PROJECT. THIS INDEMNITY IS CUMMULATIVE OF OTHER INDEMNITEES IN THE CONTRACT DOCUMENTS INCLUDING BUT NOT LIMITED TO 7.18. SC 7.18.B Amend the first sentence of paragraph 7.18.B to read as the follows: In any and all daims against DEVELOPER, OWNER OR ENGINEER or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontrector, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform NORTNSTAR — SECTION 4, PHASE 3 Project No. 103495 00 73 00-19 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 19 of 24 any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.i8.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. SC 7.18 Add the following new paragraphs immediately after Paragraph 7.18.C: D. Contractor covenants and agrees to indemnify Developer's engineer and its personnel at the project site for contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Developer and the City, their officers, "additional indemnified parties", servants and employees, from and against any and all claims or suits for property loss including third party's loss of use, property damage, personal injury including emotional distress, including death, arising out of, or alleged to arise out of, the work and services to be pertormed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of the Developer or the City, their officers„ "additional indemnified parties", servants or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Developer, "additional indemnified parties", and the City from and against any and all injuries to Developer or City's officers, "additional indemnified parties", servants and employees and any damage, loss or destruction to property of the Developer, "additional indemnified parties", or the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of the Developer or the City, their officers, "additional indemnified parties", servants or employees. E. The "additional indemnified parties" are listed below in Table 3: Additional Indemnified Parties. Table 3: Additional Indemnified Parties 1. City 2. Consultant: Welch Engineering, Inc. NORTHSTAR - SECTION 4, PHASE 3 Project No. 103495 00 73 00 - 20 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 20 of 24 3. F6 Aledo Development, LLC 4. Morningstar Ranch Municipal Utility District Nos. 1 and 2 F. IT IS THE EXPRESS INTENTION OF THE CONTRACTOR TO INDEMNIFY THE INDEMNITEES FROM THE CONSEQUENCES OF THEIR RESPECTIVE ]OINT, PARTIAL OR CONTRIBUTORY NEGLIGENCE. THE INDEMNIFICATION OBLIGATION UNDER THIS PARAGRAPH SHALL SURVIVE COMPLETION OF THE PRO]ECT, TERMINATION OF THE CONTRACT, FINAL PAYMENT AND/OR ABANDONMENT OF THE PROJECT. THIS INDEMNITY IS CUMULATNE OF OTHER INDEMNITEES IN THE CONTRACT DOCUMENTS INCLUDING BUT NOT LIMITED TO 7.18. G. The obligation of the CONTRACTOR under Paragraph 6.20 shall not extend to the liability of the ENGINEER, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, change orders, designs or specifications, or the giving of or the failure to give directions or instructions by the ENGINEER, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. It is understood and agreed that Section 7.18 is subject to, and expressly limited by, the terms and conditions OF TEXAS CIV. PRAC. & REM. CODE ANN. § 130.001 -.005 as amended. NORTNSTAR — SECTION 4, PNASE 3 Project No. 903495 00 73 00-21 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 21 of 24 ARTICLE 13-COST OF WORK; ALLOWANCES; UNIT PRICE WORK SC 13.01 Cost of Work SC 13.01.B.5 Add the following new paragraphs immediately after Paragraph 13.O1.B.5.i: j. Excavation of Material/Trench Spoils: Any and all rock material encountered during trenching and excavation shall be incidental to construction and not to be considered as a pay item. Excess spoil material including those generated from all retaining walls built on site, shall be wasted on property in areas determined by the construction manager. Contractor will not disburse any spoils until Construction Manager issues written instructions as to where spoils shall be placed. Spoils shall contain no rocks larger than 4" in diameter unless approved by the Construction Manager. Each Contractor is responsible for their spoils. Any and all rock spoils generated from utility (water, sanitary, and/or storm) excavation shall be considered incidental to construction and not to be considered as a pay item. k. Adjustment of Utilities: It shall be the responsibility of the Contractor to perform any necessary final grade adjustments to all appurtenances (valve stacks, manhole rims, fire hydrants, etc.) and for pouring any block outs required by the governing public authority. The Utility Contractor shall be responsible for providing false manhole bottoms and inlet protection during paving operations. The cost to pertorm this work shall be incidental to the pay items. I. Water for Construction: All water required shall be furnished by the Contractor at his expense and shall be from a clean, potable water source. m. Dewatering: Dewatering, if required, is not included as a separate pay item and shall be included subsidiary to the bid items. Contractor shall make determination of extent of dewatering necessary to complete the project in accordance with the plans and specifications. n. Obstructions: Relocation of utility poles, underground utilities, and similar items will be perFormed by developer, except where otherwise indicated on the drawings. The Contractor shall coordinate and plan his work around such relocation or removal. o. STORMWATER POLLUTION PREVENTION PLAN: The Contractor will be responsible for any and all monetary fines or damages assessed by any NORTHSTAR - SECTION 4, PHASE 3 Project No. 103495 00 73 00-22 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 22 of 24 governing agency resulting from the negligence to comply with the requirements of the project Storm Water Pollution Prevention Plan. The Owner will not be responsible for any such monetary fines or damages for non-compliance of the project Storm Water Pollution Prevention Plan by the Contractor. p. SITE DRAINAGE,• The Contractor, prior to submitting a contractual bid, shall observe and inspect the project site conditions, including surtace and subsurface conditions and observing the current drainage pattern of the entire property, as well as that of adjacent properties. The subject site should be examined extensively for the presence of standing water, saturated or boggy ground, a high water table, and dry or wet creeks or other seasonal drainage ways, swales and channels all of which may affect surFace drainage. The Contractor, at his expense, shall monitor and examine site drainage and take appropriate measures to carry storm water runoff, without erosion of on-site soils, so as to not subject the construction site to flooding at any time. The Contractor shall be responsible for maintaining and managing the construction site drainage at all times during construction at no additional expense to the Owner. q. TREE DISPOSAL: Contractor is responsible for the disposal of all removed trees at Contractor's sole expense. Contractor may be allowed to use the following methods of disposal: i. Burn on-site, if allowed by governing municipality, in area designated by the Owner's Representative, in accordance with municipality's regulations. All permitting will be at the expense of the Contractor. Onsite burning may only occur on Property that falls within Morningstar Ranch Municipal Utility District Nos. 1 or 2. ii. Chip removed trees and spread in area designated by the Owner's Representative, at Contractor's expense. iii. Haul offsite at Contractor's Expense NORTHSTAR - SECTION 4, PHASE 3 Project No. 103495 STANDARD CITY CONDITIUNS 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 Terminolo ���������������� gy .................................................................................................................................. 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 Article4— 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 S.OS 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 Article6- 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 Article9- 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.Ob Correction or Removal of Defective Work ................................................................................30 11.07 Conection Period ........................................................................................................................30 11.08 City May Correct Defective Work ............................................................................................. 31 Article12 - Completion .................................................................................................................................. 32 12.01 Contractor's Wananty of Title ................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ...........................................................................................................................32 12.04 Final Acceptance .........................................................................................................................33 Article13 - Suspension of Work ....................................................................................................................33 13.01 City May Suspend Work ............................................................................................................ 33 Article14 - 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10-1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page I of 35 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 genera.11y 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-�ule municipal corporation, acting by, its gove�ning 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 foZlowing public facilities within the City public right-of- way oY 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 enti�e 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 constr uction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 �3 ta z Standard City Conditions Of The Construction ConYract For Developer Awarded Projects Page 2 of 35 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 Fortn( 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 Agf-eement. 11. Day or day — A day, unless othenvise defined, shall mean a Calendar Day. 12. Developer — An individual or entity that desires to make certain imp�ovements within the City ofFort 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 grven by the City to the Developer and/or Contractor that the Wo�k specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection — Inspection carried out by the City to ver� that the Contractor has completed the Work, and each and every pa�t 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 o,f 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 �eviewed 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 Agr�eement. 22. Participatzng Change Order A document, which is prepared foN 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 ContYact 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: danuary 10, 2013 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals A schedule, prepared and maintained by Contractor, of required submittals and the time requiNements ta support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the ContYact 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 administr-ative 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 paYt 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 SubcontYactor for the pe�formance of a part of the Work at the Site. 35. Submittals All dYawings, 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 repYesentative 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 tra�c 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work—The entire construction oY the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of perf'orming or providing all lahor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Partzcipating 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 contr�ol of the Contractor will permit the perfoYmance of the przncipal unit of work underway foY a continuous period of not less than 7 hou�s 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: 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: l. 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 Contxact Documents in accordance with such recognized meaning. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROIECTS Revised: January 10, 2013 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 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 l. 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; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 8 Standard City Conditions Of 7he Construction Contract For Developer Awarded Projects Page 8 of 35 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 Sta.te 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 fmancial 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. 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 deternuned 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 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 adjustrnents 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 poiicies 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 ContractoY'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: claims under workers' compensation, disability benefits, and other similar ernployee 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10-10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accidentloccurrence 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 properiy 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 Comtnercial 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 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of35 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: \�'ritc thc nan�c of Ihc r;iilru�id compan}�. (If nunc, thcn �critc nuncl 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: b. Each Occurrence: : L�:ntcr limit, pru��idcd by Railroad �'ompany (If nonc, write nonc) I'ntcr limits procided h�� Railruad ('ompam� Ut�nonc. ���ritc nonc) 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- CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10-12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12of35 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 Supey-vision and SupeYintendent 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10-13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely respansible 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, Superi.ntendent 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: l. 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, Mate�ials, 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, sanita.ry facilities, temporary facilities, and all other facilities and incidenta.ls 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10-14 5tandard City Conditions Of The Construction Contract For Deveioper Awarded Projects Page 14 of 35 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 Dacuments. 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. l. 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. Adjushnents 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 narne 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. "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 S.OS.A.2, 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised:January 10,2013 00 �s ia is Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 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 S.OS.A.I, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to deternune 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 Q1 2S QO 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 replacernent services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10-16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Pa�e 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including casts 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 S.OS.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 S.OS.A and S.OS.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 indemn� and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, Zosses 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 S.OS.A.2 and S.OS.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) ariributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Cantractors 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: CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PRO7ECTS Revised: January 10, 2013 00 73 10-17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. (('hrck this bus if thcrc iti am Cit�� Participatiun) � 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 perfornung or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10-18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 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 Govemment 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 2258A23. 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 deternunation. 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. AYbitration 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 deternunation pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the l lth 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10-19 Standard City Conditions Of The Construction Contract Fo� Developer Awarded Projects Page 19 of 35 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 Complzance. 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 indemn� and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineeYs, architects, attorneys, and other pro,f'essionals 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 Contr.actar'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 CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROIECTS Revised: January 10, 2013 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 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. 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, Cont�actor 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 o, f 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 conect the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cast 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 properiy 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 i0- 21 Standard City Conditions O# The Construction Contract For Developer Awarded Projects Page 21 of 35 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 safery 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 rnaterials and equipment to be incorporated therein, whether in storage on or off the Site; and 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 sha11 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 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 shoum 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January I Q 2013 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 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 Ol 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorpora.ted 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 Gene�al WaY�anty 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: l. 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; 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 3 0, 2013 00 73 10- 24 Standard City Conditions bf The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any daznage to other work or properly 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 specifed 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 CITI'. This indemnity provision is intended to include, without limitation, indemnity far 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 destnzction 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 SEING 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 partion 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, certifcations, 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. CITY OF FORT WORTH STANDAR.D CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 25 Standard City Conditions Of The ConsYruction Contract For Developer Awarded Projects Page 25 of 35 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 Prograrns 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 26 Standard City Conditions O# The Construction Contract For Developer Awarded Projects Page 2b of 35 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 perfornung 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 RESPC�NSISILITIES 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 27 Standard City Conditions Of The ConstrucUon ConVact For Developer Awarded Projects Page 27 of 35 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 conshuction 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, Ciiy'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 Representa.tive believes to be defective, ar 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 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. 10A2 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 ar anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 29 Standard City Conditions Of The Construction Contract For Deveioper Awarded Projects Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMQVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.0 l 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, ar 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 thereo fl 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 �3 ia 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 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.OS City May Stop the T�ork 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 WoYk 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 31 Standard City CondiBons Of The Construction Contract For Developer Awarded Projects Page 31 of 35 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 S.lO.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, ar 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 11.0�, 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 af, 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 rnay, 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 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 attributa.ble 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 Payrnent 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 pernut 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: l. 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.OS.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 Finallnspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 14- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 l, 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 mutuai consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly ariributable 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 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 natice. B. Business address changes rnust 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 confirxnation of receipt by the receiving pariy. 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 Gontract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10. 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 Sur-vival of Ohligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Docuxnents, 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 Confiract or ternunation 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 012500-1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 SECTION Ol 25 00 SUBSTITUTION PROCEDURES PART1- GENERAL 1.1 SUMMARY A. Section Includes: The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specifed by descriptive or performance criteria or defined by reference to i 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 Specifcation 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Sidding Requirements, Contract Forms and Conditions of the Cantract 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 deternuned 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, CITY OF FORT WORTH NORTHSTAR - SECTfON 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CfTYPROTECTN0.:103495 Revised August 30, 2013 oi 2s oo - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Fonm (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. CITY OF FORT WORTH NORTHSTAR - SECTTON 4, STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS P�+SE; Revised August 3Q Z� � 3 CITY PROJECT N0.:103495 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 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 jNOT 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 110 DELIVERY, STORA.GE, AND HANDLING [NOT USED] Lll FIELD (SITE] CONDITIONS jNOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS �NOT USED] PART 3 - EXECUTION (NOT USED] END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR-SECTION 4, Revised August 30, 2013 PHASE 3 C1TY PROJECT N0.:103495 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: 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 compiete 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 as noted Firm Address Date Telephone For Use by City: Approved City _ Recommended _ Not recommended By Date Remarks Date Rej ected Recommended _Received late CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS �027HSTAR-SECTlON 4, PHASE 3 Revised August 30, 2013 CiTY PROJECT NO.;103495 01 31 19 - t DAP PRECONSTRUCTION MEETING Page 1 of 3 SECTION Ol 31 19 PRECONSTRUCTION MEETING PART1- GENERAL 1.1 SUMMARY A. Section Includes: l. 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 Standaxd 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 disiribute 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 CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR- SECiION 4, PHASE 3 Revised August 30, 2013 CITYPROJECTN0.:103495 01 31 19-2 DAP PRECONSTRUCTION MEETING Page 2 of 3 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 1. 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 CITY OF FORT WORTH STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS NOR7HSTAR-SECTION4,PHASE3 Revised August 30, 2� 13 C1TY PROJECT NO.: �03495 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USEDJ 1.8 MAINTENANCE MATERIAL SUSMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USEDj 1.10 DELIVERY, STORAGE, AND HANDLING (NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 112 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHS7AR- SECTION 4, PHASE 3 Revised August 30, 2013 CiTY PROJECT NO.:103495 013216-I DAP CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 SECTION 0132 16 CONSTRUCTION PROGRESS SCHEDULE PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. General requirements for the preparation, submittal, updating, status reporting and management of the Construction Progress Schedule 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance Document B. Deviations from this Ciry 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 i.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Definitions 1. Schedule Tiers a. Tier 1- No schedule submittal required by contract. Small, brief duration projects b. Tier 2- No schedule submittal required by contract, but will require some milestone dates. Small, brief duration projects c. Tier 3- Schedule submittal required by contract as described in the Specification and herein. Majority of City projects, including all bond program proj ects d. Tier 4- Schedule submittal required by contract as described in the Specification and herein. Large and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governmental entiry e. Tier 5- Schedule submittal required by contract as described in the Specification and herein. Large and/or very complex projects with long durations, high public visibility 1) Examples might include a water or wastewater treatment plant 2. Baseline Schedule - Initial schedule submitted before work begins that will serve as the baseline for measuring progress and departures from the schedule. 3. Progress Schedule - Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHS7AR-SECTION4,PHASE3 Revised July 1, 2011 crry rRo�cr No.: ioss9s O1 32 16-2 DAP CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 4. Schedule Narrative - Concise narrative of the schedule including schedule changes, expected delays, key schedule issues, critical path items, etc B. Reference Standards 1. City of Fort Worth Schedule Guidance Document 1.4 ADMINISTRATIVE REQUIREMENTS A. Baseline Schedule General a. Prepare a cost-loaded baseline Schedule using approved software and the Critical Path Method (CPM) as required in the City of Fort Worth Schedule Guidance Document. b. Review the draft cost-loaded baseline Schedule with the City to demonstrate understanding of the work to be performed and known issues and constraints related to the schedule. c. Designate an authorized representative (Project Scheduler) responsible for developing and updating the schedule and preparing reports. B. Progress Schedule 1. Update the progress Schedule monthly as required in the City of Fort Worth Schedule Guidance Document. 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 3. Change Orders a. Incorporate approved change orders, resulting in a change of contract time, in the baseline Schedule in accordance with City of Fort Worth Schedule Guidance Document. C. Responsibility for Schedule Compliance 1. Whenever it becomes apparent from the current progress Schedule and CPM Status Report that delays to the critical path have resulted and the Contract completion date will not be met, or when so directed by the City, make some or all of the following actions at no additional cost to the City a. Submit a Recovery Plan to the Cily for approval revised baseline Schedule outlining: 1) A written statement of the steps intended to take to remove or arrest the delay to the critical path in the approved schedule 2) Increase construction manpower in such quantities and crafts as will substantially eliminate the backlog of work and return current Schedule to meet projected baseline completion dates 3) Increase the number of working hours per shift, shifts per day, working days per week, the amount of construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate the backlog of work 4) Reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and comply with the revised schedule ?. If no written statement of the steps intended to take is submitted when so requested by the City, the City may direct the Contractor to increase the level of effort in manpower (trades), equipment and work schedule (overtime, weekend and holiday work, etc.) to be employed by the Coniractor in order to remove or arrest the delay to the critical path in the approved schedule. a. No additional cost for such work will be considered. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTTiSTAR-SECTTON4, PHASE J Revised July 1, 2011 C1TY PROJECT NO.:Io34�5 O1 32 16 - 3 DAP CONSTRUCTION PROGRESS SCHEDULE Page 3 of S D. The Contract completion time will be adjusted only for causes specified in this Contract. a. Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deem necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of such justification and supporting evidence, make findings of fact and will advise the Contractor, in writing thereof. 2) If the City finds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the extension. a) Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the network will not be the basis for a change therein. 2. Submit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this Contract. a. No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time, it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the work or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a) No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. b) Available float time in the Baseline schedule may be used by the City as well as by the Contractor. 3. Float or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. a. Float or slack time is not for the exclusive use or benefit of either the Contractar or the City. b. Proceed with work according to early start dates, and the City shall have the right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NOR7HS7AR-SECIION 4, PHASE 3 Revised 3uly 1, 2011 Ci'CY PROJECTNO.:I03495 01 32 16 - 4 DAP CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 c. Acknowledge and agree that actual delays, affecting paths of activities containing float time, will not have any effect upon contract completion times, providing that the actual delay does not exceed the float time associated with tbose activities. E. Coordinating Schedule with Other Contract Schedules l. Where work is to be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts, the Baseline Schedule shall be coordinated with the schedules of the other contracts. a. Obtain the schedules of the other appropriate contracts from the City for the preparation and updating of Baseline schedule and make the required changes in his schedule when indicated by changes in corresponding schedules. 2. In case of interference between the operations of different contractors, the City will deternune the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire Project. a. In such cases, the decision of the City shall be accepted as final. b. The temporary delay of any work due to such circumstances shall not be considered as justification for claims for additional compensation. 1.5 SUBMITTALS A. Baseline Schedule l. Submit Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. a. Native file format includes: 1) Primavera (P6 or Primavera Contractor) 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and bring in hard copy to the meeting for review and discussion. B. Progress Schedule 1. Submit progress Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit progress Schedule monthly no later than the last day of the month. C. Schedule Narrative 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit schedule narrative monthly no later than the last day of the month. D. Submittal Process l. The City administers and manages schedules through Buzzsaw. 2. Contractor shall submit docuinents as required in the City of Fort Worth Schedule Guidance Document. 3. Once the project has been completed and Final Acceptance has been issued by the City, no further progress schedules are required. CI7'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR-SECTTON4.PHASE3 C1TY PROJECT N0.:103495 Revised July i, 2011 013216-5 DAP CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. The person preparing and revising the construction Progress Schedule shall be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. C. Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED) PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE C1TY OF FORT WORTH STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS NORTHSTAR-SECT70N4.PHASE3 Revised luly i, 2011 C1IY PROJECi N0.:103495 013233-1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 SECTION 0132 33 PRECONSTRUCTION VIDEO PART1- GENERAL 1.1 SUMMARY A. Section Includes: l. 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 l. 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 ADMINISTRA.TIVE REQUIREMENTS A. Preconshuction 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 USEDJ 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] CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 013300-1 DAP SUBMITTALS Page I of $ SECTION 0133 00 DAP SUBMITTALS PART1- 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 fram the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal suf�ciently in advance of perfornung 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. CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2�t3 013300-2 DAP SUBMITTALS Page 2 of 8 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 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 O1-99 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 subrnission, C=4th submission, etc.). A typical submittal number would be as follows: 1 1 11 1: : 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 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 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'/z inches x 11 inches to 8%z inches x 11 inches. 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 l. The date of submission and the dates of any previous submissions CITI' OF FORT WORTH [InseR Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 O13300-3 DAP SUBMITTALS Page 3 of 8 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 identifed as such 7. Relation to adjacent or critical features of the Work or materials $. 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 mstructions 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 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 013300-4 DAP SUBMITTALS Page 4 of 8 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) CTTI' OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insed Project Number] Revised August 30, 2013 013300-5 DAP SUBMITTALS Page 5 of 8 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. 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 af 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 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 013300-6 DAP SUBMITTALS Page 6 of 8 1) 'BXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each itein will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to consritute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [InseR Project Number] Revised August 30, 2013 013300-7 DAP SUBMITTALS Page 7 of 8 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to pernut 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] CITY OF FORT WORTH [InseR Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 013300-8 DAP SUBMITTALS Page 8 of 8 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] L��Z�7�.��C�7`►1 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days CI'fY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 3Q 2013 013513-1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 1 2 3 PARTl- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 SECTI�N 01 35 13 SPECIAL PROJECT PROCEDURES A. Section Includes: 1. The procedures for special project circuinstances that includes, but is not limited to: a. Coordination with the Texas Deparhnent of Transportation b. Work near High Voltage Lines c. Confined Space Entry Program d. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. f. Water Department Notification g. Public Notification Prior to Beginning Construction h. Coordination with United States Army Corps of Engineers i. Coordination within Railroad permits areas j. Dust Control k. Employee Parking B. Deviations from this City of Fort Worth Standard Specification 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1— General Requirements 23 3. Section 33 12 25 — Connection to Existing Water Mains 24 25 1.2 REFERENCES 26 27 28 29 30 31 32 33 34 1.3 35 36 37 38 39 A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction Specifcation ADMINISTRATIVE REQUIREMENTS A. Coordination with the Texas Department of Transportation 1. When work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (TxDOT): a. Notify the Texas Department of Transportation prior to commencing any work therein in accordance with the provisions of the perinit CITY OF FORT WORTH NORTHSTAR- SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUM�NTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised August, 30, 2013 O13513-2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage-type of guard about the boom or ann b. Insulator links on the lift hook connections for back hoes or dippers c. Equipnnent must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notifcation 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 01 31 13 E. Water Department Coordination During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. CITY OF FORT WORTH NORTHSTAR- SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised August, 30, 2013 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 ot'7 1 2. Coordinate any event that will require connecting to or the operation of an existing 2 City water line system with the City's representative. 3 a. Coordination shall be in accordance with Section 33 12 25. 4 b. If needed, obtain a hydrant water ineter from the Water Department for use 5 during the life of named project. 6 c. In the event that a water valve on an existing live systern be turned off and on 7 to accommodate the construction of the project is required, coordinate this 8 activity through the appropriate City representative. 9 1) Do not operate water line valves of existing water system. 10 a) Failure to comply will render the Contractor in violation of Texas Penal 11 Code Title 7, Chapter 28.03 (Criminal Mischie� and the Contractor 12 will be prosecuted to the full extent of the law. 13 b) In addition, the Contractor will assume all liabilities and 14 responsibilities as a result of these actions. 15 F. Public Notification Prior to Beginning Construction 16 1. Prior to beginning construction on any block in the project, on a block by block 17 basis, prepare and deliver a notice or flyer of the pending construction to the front 18 door of each residence or business that will be impacted by construction. The notice 19 shall be prepared as follows: 20 a. Post notice or flyer 7 days prior to beginning any construction activity on each 21 block in the project area. 22 1) Prepare flyer on the Contractor's letterhead and include the following 2� information: 24 a) Name of Project 25 b) City Project No (CPN) 26 c) Scope of Project (i.e. type of construction activity) 27 d) Actual construction duration within the block 28 e) Name of the contractor's foreman and phone number 29 � Name of the City's inspector and phone number 30 g) City's after-hours phone number 31 2) A sample of the `pre-construction notification' flyer is attached as Exhibit 32 A. 33 3) Submit schedule showing the construction start and finish time for each 34 block of the project to the inspector. 35 4) Deliver flyer to the City Inspector for review prior to distribution. 36 b. No construction will be allowed to begin on any block until the flyer is 37 delivered to all residents of the block. 38 G. Public Notification of Temporary Water Service Interruption during Construction 39 L In the event it becomes necessary to temporarily shut down water service to 40 residents or businesses during construction, prepare and deliver a notice or flyer of 41 the pending interruption to the front door of each affected resident. 42 2. Prepared notice as follows: 43 a. The notification or flyer shall be posted 24 hours prior to the temporary 44 interruption. 45 b. Prepare flyer on the contractor's letterhead and include the following 46 information: 47 1) Name of the project 48 2) City Project Number CITY OF FORT WORTH NORTHSTAR- SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised August, 30, 2013 013513-4 DAP SPECIAL PR0IECT PROCEDURES Page 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 c. d. e. f. 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phoile number 6) Name of the City's inspector and phone number A sample of the temporary water service interruption notification is attached as Exhibit B. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. 13 H. Coordination with United States Army Corps of Engineers (USACE) 14 1. At locations in the Project where construction activities occur in areas where 15 USACE permits are required, meet all requirements set forth in each designated 16 pennit. 17 I. Coordination within Railroad Pennit Areas 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not lirnited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. J. Dust Control Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. K. Employee Parking 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH NORTHSTAR- SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised August, 30, 2013 013513-5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 1 1.4 SUBMITTALS [NOT USED] 2 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.6 CLOSEOUT SUBMITTALS [NOT USED] 4 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.8 QUALITY ASSURANCE [NOT USED] 6 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.10 FIELD [SITEJ CONDITIONS [NOT USED] 8 1.11 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION (NOT USED] �il 12 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1.3.B — Added requirement of compliance with Health and Safety Code, Title 9. 8/31/2012 D. Johnson Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 CITY OF FORT WORTH NORTHSTAR- 5CCTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised August, 30, 2013 O1 35 13 - 6 DAP SPECIAL PROJ�CT PROCEDURES Page 6 of 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: ' THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR�S SUPERINTENDENT> AT <TELEPHONE NO.> � Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH NORTHSTAR- SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMGNTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: ] 03495 Revised AugusY, 30, 2013 Ol 35 ]3 -7 DAP SPECIAL PRQTECT PROCEDURES Page 7 of 7 0 2 EXHIBIT B FORT WORTH ��,.._' � �� no. � �,8« �: IyOTICE OF ?EMPORARY WA?El� SgRVICE II�I?ERRitPTI�I�i DUE TO [JTILITY IMPR�VEMENTS IN YOUR NEIGHBORHOOD, YOUR WA'TER SERVICE WILL BE INTEI2RUPTED ON BETWEEN TFIE YiOURS OF AND IF YOU HAVE QUESTIONS A,BOUT THIS 3HUT-OI7T, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENI? (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TEI,EPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SIiORT AS POSSIBLE. THANK YOU, COlv'['RACTOR 3 4 CITY OF FORT WORTH NORTHSTAR- SECTION 4, PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103495 Revised August, 30, 2013 O1 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION Ol 45 23 TESTING AND INSPECTION SERVICES PART1- 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 axe 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 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 Contractar 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, su�ciently 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. C]TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHS"IAA • SEC710N 4, PHASE 3 Revised March 20, 2020 Cil'Y AROTECT N0.:103495 Ol 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 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. Magana Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City's document management system. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMEN?S— DEVELOPER AWARDED PROJECTS NORTHSTAR-SECTION4,PHASE3 Revised March 20, 2020 CtCYPROIECTN0.:103495 oi so 00 - � DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 SECTION Ol 50 00 TEMPORARY FACILITIES AND CONTROLS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NOR7HSTAR- SECCION 4, PHASE 3 Revised JULY 1, 2011 CiTYPROJECTNO.:I03495 015000-2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 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. Bnclose 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROIECTS NORTHSTAR- SECT10N4,PHASE 3 Revised NLY l, ZOI 1 C'ITYPROIECTNO.:I03495 015000-3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 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 USEDj 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-TNSTALLATION 3.7 FIELD (oe] 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR-SECt10N 4,PHASE 3 Revised JULY I, 2011 CilYPR07ECTNO.:I03495 O1 5000-4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 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.i3 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROIECTS NORTHSIAR-SEC710N 4,Ptu�se s Revised NLY 1, 201 I CITYPROJEGTN0.:103495 Ol 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 SECTION Ol 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PARTl- 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 PROCEDLJRES 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 l. 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 Pernut 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Pernut, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR - SECTiON4, PHASE 3 Revised July I, 2011 C1TY PROJECT N0.:103495 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 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 deternuned 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 F1ELD (SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEV ELOPER AWARDED PROJECTS NORTHSTAR - SECTION4, PHASE 3 Revised July 1, 2�11 CITY PROJECE N0.:103495 015526-3 DAP STREET USE PERMTI' AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR - SECTION 4, PHASE 3 Revised July 1, 2�11 Ct7Y PROJECT N0.103495 015713-1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION Ol 5713 STORM WATER POLLUTION PREVENTION PARTl- 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 specifcally 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR-SECTION 4,PHASE 3 Revised July l, 2011 CiTYPROJECTN0.:103495 O1 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 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 Transportztion and Public Works, Environmental Division, (81?) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section O1 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTA2 • SEC710N 4, PHASE 3 Revised July I, 2011 CiTV PROIECTNO.:ID3495 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the Ciry in accordance with Section O1 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSI'AR- SEC710N 4, PHASE 3 Revised July 1, 201 I CTTYPROJECTN0.:103495 O1 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 SECTION O1 60 00 PRODUCT REQUIREMENTS PART1- 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: httns://anps.fortworthtexas.Lov/1'roiectResources/ 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 O1 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 USEDJ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEV ELOPER AWARDED PROJECTS NORTTiSTAR - SEC770N 4, PHASE 3 Revised March 20, 2020 CITY P20JEC7' N0.:103495 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 1.10 DELTVERY, 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. Magana Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City's website. CITY OF FORT WORTH STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS NORTHSTAR-SEC170N4,PHASE3 C1TY PROJECi N0.:103495 Revised March 20, 2020 O1 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 SECTIDN Ol 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART1- GENERAL l.l 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: l. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract Z. 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] L6 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 pernutted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS NORTHSTAR-SECT10N4,PHASE3 Revised April 7, 2014 CTTY PROJECT NO.:103495 016600-2 DAP PRODUCT STORAGE AND HANDLING REQtJIREMENTS Page 2 of 4 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 properly 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS NORTHSTAR-SECTION4,PHASE3 Revised Apri17, 2014 CiTY PROJECT N0.:103495 016600-3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1.11 FIELD [SITE) CONDITIONS [NOT USED] i.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 jNOT 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 a11 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PRO)ECTS NORTHSTAR- SECTION 4, PHASE 3 Revised Apri17, 2014 Cl'IYPROJECTN0.:103495 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUTREMENTS Page 4 of 4 CTTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR- SECTION 4, PHASE 3 Revised Apri17, 20 ] 4 CITY PROJECT NO.:103495 o� �o 00 - i DAP MOBILIZATION AND REMOBiLIZATION Page i of 4 SECTION Ol 70 00 MOBILIZATION AND REMOBILIZATION PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c} Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR-SECIlON 4,PHASE 3 Revised Apri17, 2014 CiTYPRO.IECTN0.:103495 o� �000-z DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specifcation Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Specified Remobilization" in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORIHSTAR- SECTfON 4, PHASE 3 Revised Apri17, 2014 CI7Y PROJECT NO.:103495 01 7000-3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or last profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [N�T USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NOATHSTAR- SECfION 4, PHASE 3 Revised April 7, 2014 CTTYPROJECTN0.:103495 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED) 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS (NOT USED] PART 3 - EXECUTION [NOT USEDj END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR-SECIION 4, PHASE 3 Revised Apri( 7, 2014 CITYPROJECTN0.:103495 017123-1 DAP CONSTRUCTION STAKING AND SURVEY Page 1 of 4 SECTION Ol 71 23 CONSTRUCTION STAKING AND SURVEY PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for construction staking and construction survey B. Deviations from this City of Fort Worth Standard Specification l. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Staking a. Measurement 1} This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Iterns bid and no other compensation will be allowed. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section O1 33 00. B. All submittals shall be approved by the City prior to delivery. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Certificates 1. Provide certificate certifying that elevations and locations of improvements are in conformance or non-conformance with requirements of the Contract Documents. a. Certificate must be sealed by a registered professional land surveyor in the State of Texas. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROIECTS NORTHSTAR-SECf'fON4,PHASE3 Revised Apri17, 2014 C1IY PROIECTN0.:103495 01 71 23 - 2 DAP CONSTRUCTION STAKING AND SURVEY Page 2 of 4 B. Field Quality Control Submittals 1. Documentation verifying accuracy of field engineering work. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED) 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the City. 2. Coordination a. Contact City's Project Representative at least 2 weeks in advance for scheduling of Construction Staking. b. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes furnished by City. b. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed or disturbed, by Contractor's neglect, such that the contracted Work cannot take place, then the Contractor will be required to pay the City for new staking with a 25 percent markup. The cost for staking wiIl be deducted from the payment due to the Contractor for the Project. B. Construction Survey l. Construction Survey will be perforxned by the City. 2. Coordination a. Contractor to verify that control data established in the design survey remains intact. b. Coordinate with the City prior to field investigation to deternune which horizontal and vertical control data will be required for construction survey. c. It is the Contractor's responsibility to coordinate Construction Survey such that construction activities are not delayed or negatively impacted. d. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. 1) City shall perform replacements and/or restorations. 3. General a. Construction survey will be performed in order to maintain complete and accurate logs of control and survey work as it progresses for Project Records. b. The Contractor will need to ensure coordination is maintained with the City to perform construction survey to obtain construction features, including but not limited to the following: 1) All Utility Lines a) Rim and flowline elevations and coordinates for each manhole or junction structure 2) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Every 250 linear feet CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTTiSTAR - SECTTON4, PHASE 3 Revised Apri17, 2014 CITY PROIECi N0.:103495 017123-3 DAP CONSTRUCTION STAKING AND SURVEY Page 3 of 4 � d. (2) Horizontal and vertical points of inflection, curvature, etc. (All Fittings) (3) Cathodic protection test stations (4) Sampling stations (5) Meter boxes/vaults (All sizes) (6) Fire lines (7) Fire hydrants (8) Gate valves (9) Plugs, stubouts, dead-end lines (10) Air Release valves (Manhole rim and vent pipe) (11} Blow off valves (Manhole rim and valve lid) (12) Pressure plane valves (13) Cleaning wyes (14) Casing pipe (each end) b) Storm Sewer (1) Top of pipe elevations and coordinates at the following locations: (a) Every 2501inear feet (b) Horizontal and vertical points of inflection, curvature, etc. c) Sanitary Sewer (1) Top of pipe elevations and coordinates for sanitary sewer lines at the following locations: (a) Every 2501inear feet (b) Horizontal and vertical points of inflection, curvature, etc. (c) Cleanouts Construction survey will be performed in order to maintain complete and accurate logs of control and survey work associated with meeting or exceeding the Iine and grade required by these Specifications. The Contractor will need to ensure coordination is maintained with the City to perform construction survey and to verify control data, including but not limited to the following: 1) Established benchmarks and control points provided for the Contractor's use are accurate 2) Benchmarks were used to furnish and maintain all reference lines and grades for tunneling 3) Lines and grades were used to establish the location of the pipe 4) Submit to the City copies of field notes used to establish all lines and grades and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City to verify the guidance system and the line and grade of the carrier pipe on a daily basis. 6) The Contractor remains fully responsible for the accuracy of the work and the correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to City. 9) If the installation does not meet the specifed tolerances, immediately notify the City and correct the installation in accordance with the Contract Documents. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED) CITY OF FORT WORTH STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS NORTHSTAR-SECTfON4.PHASE3 Revised Apri17, 2014 C1TY PROJECT N0.:103495 01 71 23 - 4 DAP CONSTRUCTION STAKING AND SURVEY Page 4 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 112 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 APPLICATION 3.5 REPAIR / RESTORATION {NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD (oe] SITE QUALITY CONTROL A. It is the Contractor's responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. B. Do not change or relocate stakes or control data without approval from the City. 3.$ 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 CITY OF FORT WORTH STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS NOR7NSTAR-SECTTON4.PHASE3 Revised Apri17, 2014 CITY PROJECT N0.:103495 017423-1 DAP CLEANING Page 1 of 4 SECTION 0174 23 CLEANING PARTl- 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 jNOT 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTfiSTAR-SECTfON4,PHASE3 Revised April 7, 2014 CITY PAOJECT N0.:303495 017423-2 DAP CLEANING Page 2 of 4 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 l. 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. CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR - SECTTON 4. PHASE 3 Revised Apri17, 2� l4 CITY PROJECT N0.:303495 01 74 23 - 3 DAP CLEANING Page 3 of 4 6. Handle materials in a controlled nnanner 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. Z. At maa�imum 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 traff'ic 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] CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR-SECTTON4,PHASE3 Revised April 7, 2014 C1TY PROJECT N0.:103495 O1 74 23 - 4 DAP CLEANING Page 4 of 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR - SECTTON 4, PHASE 3 Revised Apri17, 2��4 C17Y PAOlECTN0.:103445 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 SECTION 017719 CLOSEOUT REQUIREMENTS PART1- 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 payrnent will be allowed for this Item. 1.3 REFERENCES [NOT USEDj 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. CITY OF FORT WORTH STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS NORT1i5TAR-SECTlON4.PHASE3 Revised April 7, 2014 CTfYPROJECTN0.:103495 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 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 O1 78 39 2. Operation and Maintenance Data, if required, in accordance with Section O l 7$ 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section O1 74 23. C. FinalInspection 1. After iinal 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 CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR• SECIlON 4,PHASE3 Revised April 7, 2014 CITY PRO�CT NO.:I03495 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 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 [ox] 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR-SECIION 4,PHASE 3 Revised Apri17, 2014 CTR' PROJEC"t N0.:103495 01 78 23 - I DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 SECTION Ol 78 23 OPERATION AND MAINTENANCE DATA PART1- 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 fmal form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section O1 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'h inches x 11 inches b. Paper 1) 40 pound rninimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS NORTTiSTAR-SECTION4,PHASE3 Revised April 7, 2014 CITY PROJECI' N0.:103495 O1 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 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 1NSTRUCTIONS". 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 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. 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 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 Proj ect Record Drawings as maintenance drawings. 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. CITY OF FORT WORTH STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS NORTHSTAR-SEC7'ION4.PHASE3 Revised April 7, 2014 C11Y PROIECT NO.:I03495 017523-3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 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. 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 Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicabie 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 imal 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR-SECCION 4,PHASE 3 Revised Apri17, 2014 CiTYPROJECTN0.:103495 Ol 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 i. Charts of valve tag numbers, with location and ittnction 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 SUSMITTALS [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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NOATHSTAR- SECT10N4,PHASE3 Revised Apri17, 2014 Cf7'YPROJECTN0.:103445 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 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.S.A.1 — title of section removed 4/7(2014 M.Domenech Revised for DAP Application CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR-SECTlON4,PHASE 3 C1TY PROJECT N0.:103495 Revised April 7, 2014 �l 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 SECTION Ol "78 39 PROJECT RECORD DOCUMENTS PART1- 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 l. 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 l. 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 ASSURA,NCE 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 pocuments 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. CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Revised Apri17, 2014 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 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 USEDj PART2- 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 Recard Drawings in the Contract. 2.3 ACCESSORIES (NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USEDj 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 DOCIJMENTS - JOB SET". CITY OF FORT WORTH STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS NORTHSSAR-SECI[ON4,P1iASE3 CTiY PROIECT N0.:103495 Revised Apri17, 2014 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 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 sitnilar 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 ta 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS NORTHSTAR-SEC170N4,PHASEJ Revised Apri17, 2014 C17Y PROIECT N0.:103495 O1 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. Transfer of data to other pocuments 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 far reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [N�T USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [ox] 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 USEDJ 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application CITY OF FORT WORTH STANDARD CONSTRUCTTON SPECIFICATION DOCUMENTS — DEVfiLOPER AWARDED PROJECTS NORTHSTAR- SECIlON 4, PHASE 3 Revised Aprif 7, 2014 CITY PROJECT N0.:103495 • From Original5tandard Froductz List C1TY OF FORT WORTH FORT� WORTH WATERDEPARTMENT STANDARD PRODUCT L1ST Updated:ll/OB/2021 • From OriginalSWndard Products List C1TY OF FORT WORTH FORT WORTH WATERDEPARTMENT STANDARD PRODUCT LiST uPa,c�a: iiios�zozi • From OriginalSUndard Products List C1TY OF FORT WORTH FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST upaac�a: iiiosrxozi From Original5bndard Products List CITY OF FORT WORTH FORT WORTH WATERDEPARTMENT STANDARD PRODUCT L1ST Updated: 11/OS/2021 ' From Original SUndard Products List C1TY OF FORT WORTH FORT WORTH WATERDEPARTMENT STANDARD PRODUCT L1ST upa.ua:ivosizozi GEOTECHNICAL ENGINEERING REPORT GE�TECHNICAL ENGINEERING REPQRT N�RTHSTAR — SECTfON 4, PHASE 3 NORTHSTAR PARKWAY FORT WQRTH, TEXAS Prepared for: 170 NORTHSTAR RANGH DEVELOPER, INC. Fort Worth, Texas Ewl Report No. NS21s273 October 2021 Ellerbee-Walczak, Inc. GEOTECHNICAL ENGINEERING & CONSTRUCTION MATERIALS TESTING SERVICES 170 Northstar Ranch Developer, (nc. 3045 Lackiand Road Fort WartF�, Texas 76196 Attn: Kim Gill Re: Geotechnical Engineering Report Northstar - Section 4, Phase 3 Northstar Parkway Fort Worth, Texas EWI Report No. NS2�6273 October 26, 2021 Ellerbee-Waiczak, Inc, (EWI) has comp(eted the Geotechnical Engineering Report for the above referenced project. The results are presented in the attached report. Please do not hesitate to contact us if you have any questions regarding the information in this report or if we can be of any addiiional assistance. It has been a pleasure providing geotechnical services for this project. Sincerely, Elierbee-Walczak, Inc. TBPE Firm No. F-461fl Tdl4eiiTC�v�ence, Jr., P,E. Manager Engineering ��������0� d .�a�� �� r��'q-� °�� "� r ' *��� ...�o�,z�%�z( .- .::.................. . �". N. LAWRENCE, JR. °r, ................ ............... ..... .. ... . . � � �s'• 92Q�93 . ��c�,' �9 �C.� • . <i��NS��•'G��'�'e --�i'9�SS/nniis �E�.: 4501 Broadway Ave. • P.O. 8ox 14809 � Haltom City, Texas 76117 Offiae 817-759-9999 • fax 817-759-1888 TABLE OF CONTENTS Page 1.0 SITE 8� PROJECT INFORMATION ..................................................................................... 1 2_0 SCOPE OF SERVICES ....................................................................................................... 1 3.0 FIELD OPERATI�NS .......................................................................................................... 1 4.0 �AB�RATORY TESTING .......................................................................... 2 5.0 SITE SUBSURFACE CONDITIONS .................................................................................... 3 fi.0 GR�UNDWATER ................................................................................4 7.0 ANALYSIS AND RECOMMENDAI'IONS ............................................................................ 4 7.1 Foundation Recommendations ................................................................................4 7.1.1 Ground-Supported StifFened Slabs .................................................................. 5 7.2 Utilities ................................................................ ..............6 ....................................... 7.3 EarthworklSite Grading ............................................................................................ 6 7.4 Site Drainage ........................................................................................................... 7 8.0 PAVEMENT RECOMMENDATIONS ................................................................................... 7 8.1 Pavement Subgrade Preparation ............................................................................. 7 8.2 Pavement Designs ................................................................................................... 8 8.3 Pavement Movements ............................................................................................. 9 9.0 LEMITATI4NS .................................................................................................................... 10 APPENDIX Plan of Borings ................................. BoringLogs ...................................... Soil Cfassification Chart ................... Figure ............................................................................... 9 ....................................................................... 2 — 26 ............................................................................. 27 � GEOTECHNICAL ENGINEERING REPORT NORTHSTAR — S�CTION 4, PHASE 3 NORTHSTAR PARKWAY FORT W�RTH, TEXAS 1.0 SITE & PROJECT INFORMATION The 27.4476-acre residential subdivision designated as Sectian 4 of Phase 3 of the Northstar development is located on the northside of EVorthstar Parkway in the City of Fort Worth, Tarrant County, Texas. The site was cleared with on-going eartF�work at the time of drilling. We understand all the pads were within about t2-feet of finished pad grades at the time of drifling. The residential portions of Section 4, Phase 3 consist of: Block 62 — Lots 1 tF�rough 61, Block 63 — l.ots 1 through 22; Block 64 — Lots 1 through t4 and Block 62 — L.ots 1 tf�rough �6. Proposed construction consists of 114 new, one or two story, -wood-frame/brick-veneer single- family residences with relatively (ight foundation loads. Pavements will consist of residential sub- urban streets. 2.0 SCOPE OF SERVICES The purpose of our geotechnical services for this site were to: • Evaluate the subsurface conditions encountered in the borings. • Evaluate the pertinent engineering properties of the recovered samples. • Provide recommendations concerning suitable kypes of foundation and floor slab systems for the proposed residence. • Provide�recommendations for pavements, any additionai residentiai earthwork and site grading, 3.0 FIELD OPERATI�NS Ti�e subsurface conditions were evaluated by performing twenty five borings, which were drilled on August 10 and August 13 of 2021. The approximate boring locations are provided on the Plan of Borings (Figure 1) in the Appendix. The results of the field exploration program are presented on the Boring Logs (Figures 2 through 26) in the Appendix. A Soil Classification Chart containing the keys to symbols and the description of terms used on the boring iogs are presented on Figure 27. A truck-rriounted drilling rig with continuous flight augers were used to advance the borings. Soils were sampled using stee) tubes or during performance of Standard Penetration Tests (SPT}. The samples were extruded in the field, logged, sealed, and packaged to presenie their in-situ moisture content and reduce disturbance during transportation to the laboratory. The load carrying capacity of the harder limestone and shale encountered in most of tF�e borings was evaluated in the field by performance of Texas Cone Penetration Test. Dri(ling and sampling were pertormed in genera! accordance with applicable ASTM and TxDOT procedures. Fw� N S216273 4.0 LABORATORY TESTING The Boring Logs were reviewed by a geotechnicai engineer who assigned soil samples for testing. Tests were performed in the laboratory by technicians working under the direction of the engineer. Testing was performed in general accordance with applicable ASTM procedures. Liquid and Plastic Limit tests (ASTM D 4318) were performed on samples of the cohesive soils. These tests were used in conjunction with moisture content tests {ASTM D 2216) for classification and estimating their volume change potential. Absorption swell tests were performed on selected samples of the cohesive materials to quantitatively evaluate volume change potential at the in-situ moisture levels. Percent passing the No. 200 Sieve tests were perFormed on samples of the cohesive soil to determine the percentage finer than 0.075 mm to aid in classification. Hand penetrometer and unconfined compression tests were performed on the soils to evaluate consistency and strength. The resuits of the laboratory tests are presented on the Boring Logs in the Appendix. Results of the swell tests are presented below in Table 1. TABLE 1- SUMMARY OF SWELL TESTS Initfal Final Depth Surcharge Swell Boring {feet) LL PI Moisture Moisture �pgf (%) (%) 1 (°�I 1 4- 6 34 15 20.2 21.3 625 0 2 2- 4 29 11 12.6 19.5 375 0 3 8- 9 48 30 15.4 18.3 1125 0 4 2- 4 67 36 29.7 31.4 375 0.3 5 8- 10 44 26 15.1 18.0 1125 0 6 2- 4 37 22 13.0 17.1 375 0.2 7 2- 4 56 33 23.6 26.7 375 0 8 6- 8 37 17 19.9 23.6 875 0.7 9 0- 2 28 '11 15,0 23.6 125 0.6 10 4- 6 55 33 20.3 22.2 625 0.4 11 2- 4 37 21 16.7 19.9 375 0 12 6- 8 60 38 21.7 22.5 875 0 13 4- fi 47 26 22.4 41.6 625 0 14 8- 10 31 1� 15.5 17.9 1125 0.9 15 8- 10 52 29 21.9 23.9 1125 0.6 16 0- 1 42 26 15.1 18.7 125 0.8 19 6- 8 34 17 15.3 18.5 875 0.6 20 4- 6 71 45 29.1 30_5 625 0.1 21 2- 4 47 27 17.2 20_8 375 0.2 22 6- 8 37 23 13.4 18.0 125 0.7 23 8- 10 44 21 21.7 27.2 19 25 1.7 24 4- 6 34 17 14.8 18.5 625 0.9 25 6- 8 40 21 16.4 21.1 875 0.1 � 2 NS216273 5,0 SITE SUBSURFACE CONDITIONS The conditions encountered at each boring location are depicted on the Boring Logs in the Appendix. Descriptions of each strata with its approximafed depth and thickness are provided. The depths repor�ed on each log refer to the depth from the existing ground surface at the time the boring was performed. Controlled fills which were tested fvr compaction, during earthwork operations, consisting of dark brown, brown and tan sandy clay, silty clay and clay soils, some with fractured limesfone and calcareous particles, were encountered at the surtace of 8orings 1, 2, 3, 4, 5, 6, 10, 12, 13, 14, 15, 20 and 24; and extended to depths of about 9, 8, 2, 2, 6, 6, 2, 4, 6, 4, 6, 2 and 4 feet below existing grades, respectively. The fill soils had Liquid Limits (LL} of 29 to 67 percent, Plasticity Indices of 11 to 35, classified mostly as CL and to a lesser extent CH according to the Unified Soils Classification System (USCS} and were stiff to hard in consistency. During earEhwork and testing operations, the residential pads with differential fill thicknesses (across the pads} in excess of two feet were undercut (to reduce the differential fitl thickness to about Z feet, or less) with the intent to reduce the estimated differential fi{I settlements (across the filled pads} to on the order'/z inch, or iess. Dark brown, brown, gray, light tan and tan clays, silty clays and some sandy clays, some with limestone seams(layers, fractured limestone and calcareous particles, were encountered beneath #he fills in Borings 1, 3, 4, 5, 6, 10, 12, 13, 14, 15, 20 and 24 and were encountered at the surtace of Borings 7, 8, 9, 11, 16, 17, 18, 19, 21, 22, 23 and 25_ The non-fill soils extended to depths of about 16, 9, 11, 14, 16%2, 4, 9, 4, 12, 4, 9, 17, 17, 3, 4, 19, 14, 15, 13, 14, 13 and 15 feet below existing grades in Borings 1, 3 through 11, 13 through 17 and 19 through 25, respectively, and to a termination depths of abaut 20 feef below existing grades in 8orings 12 and 18. The cohesive native soils had LL's of 28 to 71 percent, PI's of 11 to 45, classified as CL and CH according to the USCS and were stiff to hard in consistency. Tan limestone with clay seams and layers was next encountered in Borings 1 through 11, 13 through 17, 19 through 22 and 25. The tan limestone extended to depths of abvut 19, 11, 8 and 18 feet below existing grades in Borings 10, 16, 17 and 21; and to termination depths of about 15 to 20 feet in Borings 1 through 9, 11, 13 through 15, 19, 20, 22 and 25. Gray limestone/shale was next encountered in Borings 10, 16, 17, 21, 23 and 24; and extended to termination depths of about 20 feet below existing grades. The native/fill soils encountered in the borings above the bedrock at this site are considered to be moderately active to highly active with respect to moisture-induced volume changes. The soils encountered in the borings will shrink and swel! with seasona! moisture changes within the active zone. The active zone is variable in depth due to differing depths to top of bedrock. � 3 NS216273 6.0 GRfJUNDWATER The borings were advanced using dry auger-driEling techniques. This process allows relativeiy accurate short-term observations of groundwater while driliing. Seepage was observed in Borings 12 and 16 while drilling at depths of about 15 and 7 feet below existing grades, respectively. A water level of about 17 feet below existing grade was measured in Boring 12 after drilling completion. Seepage was not observed in Borings 1 through 11, 13, 14, 15 and 17 through 2� while drilling and Borings 1 through 11 and 13 through 25 were observed to be dry after completion of drilling. Groundwater levels wili seasonally fluctuate due to variations in the amount of precipitation, evaporation and surface water runoff. Seepage can occur above and within the limestone particularly during wet annuaf/seasonal cycles. Sporadic surface seepage can occur where cuts and natural grades approach the top of limestone. I n addition, groundwater conditions may change due to excessive landscape irrigation, tree root demand and from leaking buried utilities. 7.4 ANALYSIS AND RECOMMENDATIONS If differential foundation movements can be tolerated, single-family residences such as these commonfy use ground-supported, stiffened slab foundation systems for this site. Recommendations for ground supported foundations are provided below. 7.1 Foundation Recor�mendations Lightly Ioaded ground supported foundation systems placed on sites subgrades wi�l be subject to some movement as a result of moisture-induced volume changes in the active soils. The more clayey soiis expand {heave} with increases in moisture and contract (shrink} with decreases in moisture. The movement typically occurs as post canstruction heave. The potential magnitude of the moisture-induced movements is rather indeterminate. It is influenced by the soil properties, overburden pressures, thickness of cfay strata and to a great extent by soil moisture levels at the time of construction. The greatest potential for post- construction movement occurs when the soils are in dry condition at the time of construction. Additiona! site grading can aft'ect the potential moverr►ents. For example, the use of clays as fill material will increase the potential movements by increasing the total clay thickness. Based on the soils encountered in the borings, we estimate the potential magnitude of post-construction heave for slabs-on-grade placed near finished grades grade for soils at dry conditions vary from on the order of about 1'/2 inches to about 3'/z inches. -�1- 4 NS216273 It is common to experience some distress to sfructures with slab-on-grade foundation systems due to ground movements. This can include cracks in brick walis, cracks in ground supported sEabs, adjustment to doors and windows that can stick, and interior cracks in sheetrock walls. Cracks in exterior brick walls can be less noticeable with the use of closely spaced vertical joints (12-foot on- center or less for the height of the waH). It should be realized that even slab movements of one-half inch can result in distress to floor coverings, interior partitions and finishes. Special provisions should be made to accommodate movement if ground supported slab-on-grade construction is used. The PVR estimates for the borings were estimated using the information from the testing program and are based on the Texas Highway Department's Method 124-E and our general knowledge of the area_ PVR calculations are one-dimensianal representations of the Potential Vertical Movements (PVM) {i.e. — swell is only considered). Shrinkage due to soil desiccation of near the same magnitude can akso occur. PVR calculations are estimates based on assumptions that the area around the structure wiil be well drained (ProperEy Graded}, landscape beds are not over-watered, and utility leaks are promptly repaired. Long term utility leaks beneath the foundations may exceed those estimated in this report. , Design parameters for a graund-supported, stiffened slab foundation system are presented below. 7.1.1 Graund-Supported Stiffened Slabs Post-tensioned, ground-supported stiffened sfab foundation systems must be designed to resist and/or tolerate potent'ial vert�cal movements due to volume changes in the site soils without inducing unacceptable distress in the foundation or structural elements. These movements will typically occur as differential movement between the periphery and interior of the slab-on-grade system. PVR calcukations are estimates based on assumptions that the area around the structures will be well drained (Properly Graded}, landscape beds are not over-watered, and utility leaks are promptly repaired. Long term utility leaks can result in soif movements in excess of those estimated above. The following parameters assume that the subgrade beneath the slab should meet the requirements discussed in the Earthwork/Site Gradinq section of this report. Adjacent flatwork such as sidewalks and pavements should be designed in such a way as to a{low for differential movements between flatwork and the exterior perimeter of the structure foundation. Design parameters were developed for differential swell (ym) using the Post-Tensioning Institute's (P7J} slabs-on-ground (3`d Edition) design method and the VC)L�LO '}.5 computer program. 7he PTI design criteria based upon dry condition soifs for pads near finished grades are presented in Table 2. Due to the variability of the soils we recommend foundations be designed with the higher PVR values. � 5 NS216273 TABLE 2— PTI DESIGN CRItERIA All Section 4— Phase 3 Lots Based on Dry Condition Soils (PTI 3'° Ed.) Center Lift Edge Lift Borings 1 th�ough 25 Edge Moisture Variation (em) 7.4 ft. 4.2 ft Differential Swell (Ym} 1.2 in. 1.7 in. Potential Vertical Rise (PVR} About 3'/z inches, or iess Site grading can greatly affect the movements discussed above. The grade beams of the slab-on-grade foundation system should exert a maximum bearing pressure of 1,800 PSF on undisturbed soils or properly compacted soils. These beams should extend a minimum of 12 inches below finished grade. A properly engineered and constructed vapor retarder should be provided beneath slab areas, which will be covered, carpeted, or sealed. 7.2 Utilities Limestone should be anticipated in some of the utility excavations. Care should be taken that utility cuts are not ieft open for extended periods, and that the cuts are properly backfilled. Backfilling should be accomplished with properly compacted on-site soils, rather than granufar materials. A positive cut-off at the building line is recommended to help prevent water from migrating in the utility trench backfill. 7.3 Earthwork/Site Gradinq Additional site grading should be less than 2 feet from the conditions encountered in the borings. Sites grading can greatly affect the potential vertical movements as discussed above. Fikls constructed using clay soils can increase the potential movements. The on-site soil may be used as fill. Processed limestone used as �Ils should be broken down to maximum diameters of 3 inches, or less. Limestone used as fill in excess diameter of 3 inches should be fuRher broken down or wasted. fmported fil( to achieve finished grade beneath a ground supported foundation should have a Liquid Limit less than 36 percent. The subgrade in areas to be filled andlor under the structure, slopes and pavements should be stripped of vegetation and any debris present. Any additional fill soils placed on a CH soil subgrade (LL of 50 percent, or more) beneath any fll should be scarified to a minimum depth of 6 inches and uniformly compacted to a minimum of 95 percent of ASTM D 698 at a minimum of +3 percent above the soil's optimum moisture determined by that test. The CL sail subgrade (LL less than 50 percent) should be scarified to a minimum depth of 6 inches and uniformly compacted to a minimum of 95 percent of ASTM D 698 at a � 6 NS216273 minimum af +2 percent above the soil's optimum moisture determined by that test. CH filis should then be spread in ioose lifts, less than 9 inches thick and uniformly compacted a minimum of 95 percent of ASTM D 698 at a minimum of +3 percent above tF�e soil's optimum moisture determined by that test. CL fills imported fills or processed limestone fills shoufd be spread in loose lifts, less than 9 inches thick and uniformly compacted to a minimum of 95 percent of ASTM Q 698 at a minimum of +� percent above the soi('s optimum moisture determined by that test. 7.4 Site Drainacte All grades should provide positive drainage away from the structures. Water ponding near or adjacent io the perimeter of the struciures can result in soil movements exceeding those discussed in this report. Open ground should ideally be sloped at a minimum of 4 percent grade for at least 10 feet beyond the perimeter of the foundations or to drainage swales. Flatwork will be subject to post-construction movement. Maximum grades practical should be used for flatwork to prevent areas where water can pond. In addifion, allowances in final grades shouJd take into consideration post-construction movement of flaiwork, particularly if such movement would be crifical. Where paving or flaiwork abuts the structures, care should be taken that the joint is properly sealed and maintained to prevent #he infiltration ofi surface water. Planters located adjacent to the structures should be designed to drain. Sprinkler mains should be iocated a minimum of five feet away from the building lines. If heads must be located adjacent to the structures, then service lines off the main shouid be pravided. It should be advised that it is important to maintain moist ground conditions during profanged periods of dry weather. If trees are planted or existing trees remain in proximity to a structure closer than 1 times the mature tree height, roat barrier systems placed by a certified arborist should be considered. Roof drains should be extended a minimum of 5 feet away from the structures for grades less than 4 percent. S.fl PAVEMENT RECOMMENDATIONS 8.1 Pavement Subqrade Preparation Existing subgrade soils materials at the site mainly consisf of silty c1ay, sandy cfay and some clay soils. These soiis are subject to some loss in support value with the moisture increases, which occur beneath pavement sections, We recommend that lime series be performed after fina! rough grades have been esfablished. This formation is not known to have soluble sulfaie concentrations in a sufficient amount to cause significant lime/sulfate heave. If soluble sulfate tests are required by the city, the soil should be sampled on 300 feet intervals in the raadways near finished grades and after the utilities have been placed. The soi! types and depth of seasonal moisture variations (Active Zones) at this site are estimated to be about 3 to 8 feet below current grades. The following recommendations are based upon our experience with the area soils. � 7 NS216273 The lime should be thoroughly rnixed and blended with the top 6 inches (FW Minimum) of the subgrade (TxDOT Item 260). Stabilization should extend a minimum of one foot beyond the edge of the pavernent. If competent limestone is encountered at the pavement subgrade interFace, we recommend a thin layers of compacted soil by placed between the rigid pavement and limestone as to not allow bonding of the concrete to the limestone. The modified soil subgrade should then be uniformly compacted fo a minimum of 95 percent of ASTM D698 near, -1 to +3 percent, the optimum moisture content determined by that test. It should then be protected and maintained in a moist condition until the pavement is placed. Project specifications should allow a curing period between initial and final mixing of the lime/soil mixture. We recommend a minimum curing period of three days for the lime modified soils. The availability of this curing period with lime is of considerable advantage in achieving proper pulverization of the soil. This pulverization is necessary to achieve uniform mixing of the soil with the lime. 8.2 Pavement Desipns Pavement designs using rigid type pavements have been developed. These designs were analyzed using the AASHTO procedures and were developed for average to worse case conditions (Aggregate of CBR = Unmodified clay soils beneath 6" Lime Modified Pavement Subgrade). For the purposes of this analysis we will assume the roadway will be classifled as a residential urban roadway. The design criterion includes a 25-year design life and 35,000 Annua! Equivalent Single Axle Loads for the residential pEus a 0.5 percent growth. The following design parameters were used in the pavement analysis: . 3600 PSI Concrete — Residential Roadway Concrete Section Thickness 6 inches Initial Serviceability, po 4.5 Terminaf Serviceability, p, 2.25 Reliability, R 85% Overal( Standard Deviation 0.39 Overall Drainage Coefficient, Cd 1.0 Load Transfer Coefficient 3.0 Modulus of Subgrade Reaction, k 240 psi/ in 28-day Concrete Modulus of Rupture 620 psi 28-day Elastic Mocfufus of Rupture 4,000,000 psi Design Life 25 years Based on the above parameters, the analysis yielded an annual 1$-kip Equivalent Single Axle Load (ESAL) of about 42,000 for a 6-inch section of 3,600 PSI concrete. The analysis assumed that the concrete pavement is placed on a minimum of 6 inches of lime modified subgrade as discussed in the subqrade preparation section. � 8 NS216273 The concrete sections should have a minimum 28-day compressive strength of 3,600 psi. A minimum of 6 t 1.5 percent entrained air is recommended. The pavements should be properly jointed and reinforced to the City of Fort Worth requirements. Concrete reinforcement required for a six-inch section by the manual is #3 bars on 18" centers. Concrete quality will be irnportant in order to produce the desired flexural strength and long-term durability. A mix design should be submitted by the contractor and correlations between flexural strengths and cornpressive strengths verified if concrete strengths will be controlled by compressive strengths. The pavement should be reinforced and jointed as described in Section 4 of the Pavement Design Manual. Contraction joints as described in Section 4 of the Pavement Design Manual should be sawed as soon as practical and preferably within 5 to 12 hours after placing concrete. Joints should also be properly cleaned and sealed as soon as possibie to avoid infiltration of water, small gravel, etc. Regular maintenance should be anticipated during the senrice life of the pavement. Cracks or failures that wii( develop should be properly seaEed or repaired. 8.3 Pavement Movements The soils encountered in the borings range from moderately active to highly active and are su�ject to some volume changes with fluctuations in their moisture content. The higher PI clays expand (heave) with increases in moisture and contract {shrink) with decreases in moisture. The movement at the center of the pavement typicaiiy occurs as post construction heave. At the edge of the pavement, both shrinkage and swell could occur due to seasonal moisture fluctuations in response to rainfall and evapotranspiration. The potential magnitude of the moisture-induced movements is rather indeterminate. It is influenced by the soil properties, surface drainage, and overburden pressures and to a great extent by soil moisture levels at the time of construction_ The greatest potential for post-construction movement occurs when the soils are in dry condition at the time of construction. Based on TxDOT Test Method 124-E, potential active soil movements, to the boring depths evaluated, along the alignment are estimated to be on the order 1'h to 3'h inches. Flat grades should be avoided with positive drainage provided away from the pavement edges. A minimum grade of 0.5% and preferably 1% is recommended for all pavements. � �� 1� 9 NS216273 9.0 LIMITATIONS The professiona! services performed for the preparation of this geotechnicai repart were accomplished in accordance with current and locally accepted geotechnical engineering principles and practices. The recommendations presented in this report are based upon the data abtained from the borings at the indicated locations and/or from other information discussed in this report. The subsurface conditions occurring between borings and across the site, ar due to seasonallannual climatic cycles rnay vary from those encountered in the borings. The nature of these variations may not become evident until during or after construction. 5hould subsurFace conditions varying significantly from those described herein, EWI shauld be immediately notified to evaluate the effects on these recommendations and so supplemental recommendations can be provided. EWI's services should alsa be retained for the final review of design planslspecifications so comments can be made regarding interpretation of the geotechnical recommendations provided in this report, or to provide additional borings if soil variation is encountered during foundation placement. The recommendations provided in this report were prepared for the exclusive use of our client. No warranties, expressed or implied, are intended or made. The information and recommendations provided in this report are applicab(e onEy for the design of the types of structure(s) described in the Site and Prolect Information section of this report and shouid not be used for any ather structures, locations or for any other purposes. We should not be held responsible for the conclusions, opinions or recommendations made by others based upon the information submitted in this report. If changes to the design and/or location of this project as outlined in this report are planned, the recommendations provided in this report shal! not be considered valid unless EWI reviews these changes and either verifies or amends this report in writing. Construction issues such as site safety suppart of excavations and dewatering procedures are the responsibility of others. The scope of services for this report does not include any environmental or biological assessments either specifically or implied. If the owner is concerned about the potential mofd, fungi, bacteria, identification of contaminants or hazardous materials and conditions, etc,, additionaf studies should be undertaken, EWI's capabilities include a ful! range of construction material testing and observation services. EWi shouid be retained to provide testing and observation during excavatian, grading, foundation and construction phases of this project. We wifl retain the samples recovered from the borings on this project for a period of 30 days subsequent to the submittal date printed on this report. After the 30-day period, the sarnples will be discarded unless otherwise notified by the owner in writing. « 10 NS216273 I ` \ � / � � / � / / / m � 1 � I � , -� m I - � i � r � ( ! m I k m 1 � 3/tI2IR 2•it/1S ;JN � I 1 Y � ` �`__ m O I o i � � I ' , �\ m � ,m � `D r i � w w LL M N W J U �-._�.- tn � M a i X � 0 Q -� �l a 4 a ti h ti O z � .. . , �. ; . � .. . .. . .:.i : � c � 0 .m °� J � � X � Q7 m Qm o I z �w { w � J � m a� z `� a,` � � co n' � X 0 � �� m � o�� � ��o O �n � � Z =�u � z U C Y N N U l>0 ? N N � d � M � N CL7 � N � � � Z u a� .� � � W Ellerbee-Waiczak, �nc. BORING NUMBER B-1 4501 Broadway Avenue PAGE 1 oF � Haltom C�ty, Texas 76117 Telephone: 817-759-9999 Fax: 817-759-1888 CUENT 170 Northstar Ranch Develoqer, Inc. .____ _. , PROJECT NAME Northstar Section 4 � PROJECT NUMBER .JNS2i6273 ____._ .__ _� PROJECT �OCATI�N Northstar Pkwv., Ft. Worth, 7X _�.�_ � m.,..�._... _ __..._�..... ... -- DA1'E S7ARTED 9110121,,..._ COMPLE7ED 91'l0/21 ... _ GROUND ELEVATi4N N/A GROUND WATER LEVEL3: DRILLlNG ME7HOD Continuous FliQht Auaer _____ AT T1ME OF DRILLING . Dry _� .y AT END OF DRiLLING _ Dry --_- �._ �...._ NOTES ...,_ ___. _.. .. _ _.__ AFTER DRILLING --- --,,�._ _� ..�..o..____.� ---...__ _. _.. .. __._ . ._ �-- --- W o o A7TERBERG � � v � m � w e _ _4.1d� � = F- o+i c F F- ` Z a� a O MATERIAI. DESCRtPTtON � ��� � N� z a � w o F. , F F V x O o � � a ;°N' �n c°; e. a �`� F- � g in g� 0 U..r � � m� �� X 0 � � O � J � J � Z W t- a z o `" z�a�o� � � a � Light tan sandy clay (FILL) � - ST P= 4.5+ 18 44 20 24 8'I 1 - . .--- __ __. . _ . . ._ __ _... _ I i i ` ST j P=2.5 17 � 1 5 S7 I P= 4.5+ 20 34 19 15 s J� i � , ; ' � > _.. � _ _i�_-' � — � ��T, ; - ��l ' I. , .20.�Tt_ Dark brown silty clay Light tan ciay Tan limestone - with clay seams Bottom of hole at ST I P = 1.25 ST � P = 2.5 ST I P=4.5+ SS j N = 33 —1�-•----•- - --... -- 1 � 22 •� 60 I 23 37 FIGURE 2 Ellerbee-Walczak, �rzc. BORING NUMBER B- 2 4501 Broadway Avenue PAGE 1 oF � Haltom City, 7exas 76117 Tele{�horte: 817-759-9999 Fax: 817-759-1888 CLIENT 178 Northstar Ranch Deve�oper Inc. PROJECT NAME Northsta� Section 4 PROJECT NUMBER NS216273 PROJECT LOCATIQN Northstar Pkwy., Ft Worth. TX DATE STARTED 9110/21 COMPLETED 9110/21 GROUND ELEVATION N1A GROUND WATER LEVELS: DRiLLiNG METHOD Continuous Fliqht Auqer AT TIME OF DRILLING Dry AT END OF DRILIING � NpTES AFTER pRILLING - y ATTERBERG F' _ � a}' m_ . � Wo � W �� Z 1— �LL LL C F � H } ~ W � � � n11ATERIAL DESCRiPTION J +� � � `c � � � � y � d t_ � t_- U � � o d � � 3°' � i na � Oz �� �� F-p tn Q ���a??o � �O _,...i s� Nz w 0 � z (n � CJ C] C) n- ZNna�Ci� a u. Tan sandy ciay (FILLj - with limestone fragments - ST P = 4.5+ - ST P= 4.5+ 13 29 18 11 5 5T Qu = 3.9 104 17 4 ST P= 4.25 14 33 14 19 Tan limestone _ -with clay layers Au 10 THD T = 8.5"/t00 � AU N O - � ,� 5 THD T= 0.75"!1 QO � Bottom af hole at 15 feet. Z c� 0. � � � N � 2 Z i J � U S m z U w f- O w C7 FIGURE 3 Eilerbee-WaRczak, �nc. BORING NUMBER B- 3 4501 Broadway Avenue PAGE 1 OF 1 Haltom City, Texas 76117 Te le p hone: 817-7 59-9999 Fax: 817-759-1888 CLI�NT 170 Northstar Ranch Developer, Inc. __. ._ ____ PROJECT NAME Northstar Section 4 PROJECT NUMBER NS216273 PROJECT LOCATION Northstar PkwY„ Ft. Worth�, TX ' DATE STARTED 9110121 COMPLETED 9/10/2'i GROUND EL.EVATION N/A GROUND WATER LEVELS: DRILLlNG METHOD Gontinuous Flipht Auqer A7 TIME OF DRtLLING Dry AT END OF DRILLING Dry NOTES AFTER DRILLING --- � ; " ATTERBERG �- v a m � Wo � IMT w Q x � O MATERIAL DESCRIPTION � ��� � H� ; a� F o F F� v�x � o � � � o� �� o.a � o z rJ� g� �� cn �¢ m�Fa=� o �o ,�.�� aJ g? z a> 0 ztia�ci� a u. Brown sandy ciay (FI�L) �� �� �T - ST qu = 7.5 110 19 Tan silty cfay ---- -�--��. .�.�� _ � - with limestone seams & calcareous particles , ST i P = 4.5+ - �f� ' ' - a _ , ..-- , -----. 5 � r•� _ �,,,, ST � P= 4.5+ 13 33 13 20 f// r f f/ - %f% ST P=45+ �� - � � __..._._.__ ..... �� ST P= 4.5+ 15 48 18 30 _ _._---__------------ - Tan limestone '� �o - with clay seams THD T= 10.5"/90 _ r. � + �'� AU 15 � THD T= 6 0"l140 T Bottom of hole at 15 feet. � � ; t FIGURE 4 Ellerbee-Walczak, �nc. BORING NUMBER B- 4 4501 Broadway Avenue PAGE 1 OF 1 Haltom City, Texas 76117 i'elephone: 817-759-99A9 Fax: 89 7-759-1888 CLIENT 170 No�thstar Ranch Develo er Inc, PROJECT NAME Northstar Sectlon 4 PROJECT NUMBER NS216273 PROJECT LOCAi'ION Nortbstar Pkwv., Ft. Worth, TX DATE STARTED 9/10I21 COMPLETED 9110/21 GROUND ELEVA?ION N!A GROUND WATER LEVELS: DRILLING METHOD Continuous Fiiaht Auqer AT TIMe OF ORILLING Dr�r AT END OF DRILLING . D�f I NOTES AFTER DRILLING --- W a o ATTERBERG � U� m . • � W `.�.- W a� �' O MATERIAL DESCRlPTION W �� o-- S,T Y3 z u ?'` � U � O� W v � J J 'v� N[� �� m �� (n W I- f- H- (� � V o � � 3L��na E' �� �� �� � u��i m ��°�- �a p �p d� a� Z Z � z�a�(7� d^ �- Tan sandy cfay (FIL.La _ - with limestone fragments ST P = 4.5+ Dark brawn clay - ST P= 1.75 29 67 31 36 Tan and gray clay 5 ST P = 3.25 Tan silty clay - with calcareous particles - ST P= 4.25 15 38 18 20 - ST P = 4.5+ 10 Tan limestone - with cfay seams � AU � 15 THD T = 1.25"(100 � z � _ a � . h N - � N z ti - z � au o - v = 20 THD T = 1.0"/100 V � Bottom of hole at 20 feet. 0 w c� Ficuae s Ellerbee-Walczak, �nc. BORING NUMBER B- 5 4501 8roadway Avenue PAGE 1 oF � Haltom City, Texas 76117 Te le p h one: 817-759-9999 �ax: 817-759-1888 CLIENT 170 Northstar Ranch Developer, Inc. __.,_ PROJECT NAME Northstar Section 4 ... ._._ __ , ... ......_ PROJECT NUMBER N5216273 PROJECT LOCATION Northstar Pkwv., Ft. Worth, TX ...___._. �_:�:.::. ,_�� .__ _. DATE STAR7ED 9/1012i COMPLETED 9/10/2'!__ .. .,,.. GROUND ELEVATION N/A GROUNQ WATER LEVELS: DRILLING METHOD Continuous �light Auqer AT TIME OF DRILLING Dr �__=,,.z_ , AT END aF QRILLING DrY NOTES _ _ ._ _ _ AFTER DRILLING -- ____ �.......... _ _.__._._ " ATTERBERG �-' �„ �c� � g� "� � �F' F z W'� a O MATERIAL DESCRIPTION W ���� N� z� � w a F � F v x O o O 0- 3°"� � a d ��� t- Q U.� �s a� � .. f- � - � Q m � oaYo � �o �� g=, �z w � _. _.v � z�art�a � U a a` LL Tan and brown sandy clay (FILL} ' ST P= 4.5+ 17 40 17 23 72 - ST P = 3.0 Dark brown silty clay —�-•---_ _ . _ _ ..._.__._.._ Light tan silty clay an Iimestone - with clay seams ST P=1.5 24 ST P=2.5 ST P = 4.5+ � Z v _ a t� n � N - f4 N N 2 y 2 � � J Q - U z �... m U W H O w � Botfom of hole at ST P = 4.25 15 I 44 I 18 I 26 18 � 38 I 19 � 19 SS I iJ = 5014.0" FIGURE 6 Ellerbee-walczak, �nc. B�RING NUMBER B- 6 4501 Broadway Avenue PAGE i oF f Haltom City, Texas 76117 Telephone: 817-i59-S999 Fax: 817-759-1888 CUENT 178 Northstar Ranch Develover, Inc. �R�JECT NAME Northstar Section 4 PROJECT NUMBER N5216273 PROJECT LOCATION Northstar Pkw�r., Ft Worth TX DATE STARTEO 9/1QJ21 COMPLETED 9/10/21 GROUND ELEVATION NtA GROUND WATER LEVELS: DRILLING METHOd Continuous Flight Auqer AT TIME OP DRILLING Dry AT END OF DRILLING DtY NOTES AFTEF2 DRILLING -- � ATTERBERG � W o � z F=-� =U' � p�- � � H jF � Z Q� � O MATERIAL DESCRIPTION a y�� �� m j�� j� ? F- �� �„� � � o w � .� �' " � m��aYo � �o �'� g� �Z W 0 � zi-�a�c7� � U a a LL Light tan sandy clay (FILL) - with limestone fragments - ST Qu = 5.3 109 14 - ST P= 4.5+ 13 37 15 22 5 ST Qu = 4.3 194 16 FraCtured limestone THD T = 2.25"l100 Tan limestane SS tJ = 15 �o Dark brown clay Tan and reddish brown sifty clay � � - ST P= 3.0 13 33 13 20 � � 15 y }�... 2 � tJ _ � a ^ Tan limestone � - N - with clay seams z y � � � - SS N = 5415.0" x = Boitom of hole at 20 feet. U W r O w � FIGURE 7 FIGURE 8 E3lerbee-Walczak, �nc. BORING NUMBER B- 8 4501 Broadway Avenue PAGE 1 OF 1 Haltom City Texas 76117 Telephone: �817-759-9999 Fax: 817-759-1888 CLtENT 970 Northstar Ranch Develoqer, Inc. PROJEC7' NAME Northsta� Sectlon 4 PROJECT NUMBER NS216273 PROJECT LOCATION Nortfistar Pkwv., Ft. Worth, TX DATE STARTED Sh3129 COMPLETED 9J73l21 GROUND ELEVATION NrA GROIiND WATER LEVELS: DRILLING METHpp Continuous Fiiqht Auqer AT 71ME OF DRILLING Dr AT END OF ORiLLING Dry N07ES AFTER DRILLING -- �' ATTERBERG �- c? n}' m. • � w° w �� = U• 1- O Ll. LL C 1- � H � Z �� � O MATERIAL DESCRIPTtON W ���-- N Z v \ Q" �� a ��� c� � = a t% ��� F=�- U� �U�`' C7 g octiaa`�i'�aca >' oz CJ� g� t�nz w v�i m �►-a ��q�' �p �O .� a. o g � z�n:�cr� a � Tan silty clay - ST P= 4.5+ 12 29 15 14 87 Tan fimestone - with clay seams THD r= s.o°��oo 5 SS N = 50l4.0" Tan silty clay - ST P= 4.5+ 20 37 20 17 AU Tan limestone �o - with clay seams THD T= S.O�v�oo � o - � � 5 THD T= 5.0"(100 � Bot�om of hole af 15 feet. z c� a' � � w N z N z � � 0 V z m x U W F 0 W (7 FlGURE 8 ��►erbee-wa►czak, mc. BORING NUMBER B- 9 4501 Broadway Avenue PAGE 9 OF f Haltom City, Texas 76117 Telephone: $17-759-9999 fax: 817-759-1888 CLIENT 17D Northstar Ranch Developer, lnc. PRdJECT NAME Northstar Section 4 PROJECT NUMBER NS216273 PROJECT LOCATION Northstar Pkwv., Ft. Worth, TX DATE STARTED 9/1Q/21 COMPLETED 9/1012'I GROUND ELEVATION N!R ;� GROUND WATER LEVELS: DRILLING METHOD Continuous Ftiqht Au9er AT TIME OF DRlLLING Dry AT �ND OF DRILLING Dry NOTES AFTER DRILLING --- ___�_. .. . . -- - -- --- -m._ .�.. ,,..v._�.. _. -- ------ " ATTERBERG �' v °}' m. . � W o IT w = 1- o ti c F °~- � a O AAATERIAL dE5CRIPTIOtJ w �r ��- P°� z� ? z o V � O o u i-- J J a y� c� n v_� w �-- N� c�'u5 c� .°�'.. � � Q m � oaYa r V �Z �� g� �z w � o rY � O � � _ � z�aoCC7� � � a a LL Tan silty ciay T - with calcareous particles Tan limestone - vvith clay seams ST � P= 4.5+ � � 15 � 28 � 17 � 11 ST I P=4.5+ TND I T = 3.75"/100 AU THD T = 2.0"/100 � AU �a - � ,i5 THD T=2.25"l100 � Bottom of hole at 15 feet. ����� � a' � � n N t0 N W Z FIGURE 10 Ellerbee-Walczak, �nc. BQRING NUMBER B-1� 4501 Broadway Avenue PAGE 1 oF i Haltom City, Texas 76117 Te! epho ne: 817-759-9999 Fax: 817-759-1888 CLIENT 170 Northstar Ranch Develoaer Inc. PROJECT NAME Northstar Section 4 PROJECT NUMBER NS2i6273 PROJECT LOCATION Northstar Pkwsr., Ft. Worth, TX � � DaTE STARTED 9110121 _. COMPLETED 9110t29 ______ GROUND ELEVATION NrA GROUND WATER �EVELS: DRILUNG METHOD Continuous Fliqht Auper AT TIME OF DRILLING Dry AT END OF DRILLING Dry __.._. ._ NOTES � _ AFTER DRILLING --- _._.__ _._.. ..�._..._.__._._ , ... .. �_.. _.�___r._._ y ATTERBERG �- V a m. . W� W _ �� �� � a'F F- D� Q p MATERIAL DESCRIPTION � y�� c N� � Q, � W � SM- � H U W � o Q � � 30-� c �.o-a } OZ �.� � �p y �¢ m��a�� o �o J-� aJ �� z � �� zFaiacl� � u. Dark brown ciay (FILL) - ST Qu = 2.2 83 � � - � c��. �5 v, - � � z c� a c� � N '� � N y z � - z E � n - _ W 0 w t� Brown clay Tan silty clay - with cafcareous particles Tan limestone - with clay iayers ,i { � Gray limestone � � Bottom of hole at 2�0 feet. ST ( P = 4.0 ST � P=4.5+ 20 � 55 � 22 j 33 ST j P=4.5+ ST � P = 2.5 15 39 19 2� Au THD T = 5.25"J100 AU THD T = 1.5"/50 FIGURE 1'1 Ellerbee-Walczak, �nc. BORING NUMBER B-17 4501 Broadway Avenue PAGE i oF 1 Haitom City, Texas 76117 Telephone: 817-759-9999 Fax:817-759-1888 GLIENT 17d Northstar Ranch Developer Inc. _�_^ PROJEC7 NAME Northstar Sectton 4 PROJECT NUMBER NS216273 PROJECT LOCATlON Northstar Pkwv., Ft. Worth, 7X DATE STARTED 9/10/2'1 C�MPLETED 9l10121 v�� � GROUND E�EVATiON N/A GROUND WATER LEVELS: DRILLING METfiOD Continuous FliAht Auger __ �_M ��� � AT TIME OF DRILLING Ory ,e,,:����,�„_ AT END OF DRILLING p�r r_� g�! NQTES ,_. �_ AFTER DRILUNG - � __._._ I . . _ .__.,, . _ , _.�_. _. .-_,----- w o � ATTERBERG Z F=., ^ � S (.' � � O LL LL � � � F- �. ��W Z o- � a O MATERIAL DESCRIPTION ; � s� a=,� � z � F- � d F U F V x �� u'� �q-' i a N d� v� m � Q �F �- �- w c��. � C� � ac��o.a } Oz Ct� �� aiz w � m ��a?� Q �O JJ a �- z o_ _ z�a�a� a � - �—'--�r a-�-� _ � �. . _ � . � 10 � _ � � c o - ti 0 � �n - � Z c� � Z � � J O U S ro 2 V w � O w � Tan siity clay - wiih limestone seams Tan limestone - with clay layers AU THD T = 7 0"li00 17 ► 37 I 16 I 27 5T I P=4.5+ ' ST P = 2.5 THD T = 8.5"/75 ---.._.._.�....___.__._.__ _.__...� . .. .. .._ Bottom o# hole at 15 feet. AU THD T = 3J5"/50 FIGURE 12 Eilerhee-Walczak, �nc. � BQRING NUMBER B-12 4501 Broadway Avenue PAGE 1 OF 1 Haitom City, Texas 76117 Telephone: 817-759-9999 Fax: 817-759-1888 CLIENT 170 Northstar Ranch Developer, Inc. PROJECT NAME Northstar Sectian 4 PROJECT NUMBER NS21G2T3 PROJECT LOCAifON Norihstar Pkwv., Ft. WoRh, TX DATE STARTED 9110J21 COMPLETED 9110/21 GROUND ELEVATION N/A GROUND WATER LEYELS: DRILLING METHOD Corltinuous Fliqht Au er � AT TIME qF DRILLING 15.0 k ZAT END OF DRILLING 17.0 it NOTES AFTER DRILLING -- � AT'fERBEFtG F- U � to . � W ' W w� � O MATERIAL DESCRIPTION J �� � u�, � z Q�� o F � �... V x 0 0 Q Q- � m� $� a� �.. t- �- c� w U... � d a'�o°'xp � �O �� g� �Z u�i m_r-a •. z � � Z!-0.�d� � U d o-� �- Tan and brown cEay (FILL) - with calcareous particles and limestone � fragments sr a = z.s - sr P = z.o z5 Dark brown clay 5 ST P = 1,75 Brown clay - ST P= 2.5 22 60 22 36 ' ST P = 1.75 10 � ian and gray ciay � _ - with calcareous particles ST Qu = 3.2 99 25 � � 15 v, - � � z � _ a' c� M N - - � N N Z N 2 � 7 J � ' ST P= 1.5 22 65 25 40 x m = 20 v � Bottom of hole at 20 feet. 0 W c� �L�1�L»ik: Ellerbee-Walczak, Inc. BpRING NUMBER B-13 4501 Broadway Avenue PAGE '1 oF � Haltom City, Texas 76117 Telephone: 817-759-9999 Fax: 817-759-1$88 CLIENT '!70 Northstar Ranch Developer, Inc. PROJECT NAME Northstar Section 4 PROJECT NUMBER NS216273 PROJECT LOCATION Northstar Picwv., Ft. Worth, TX DATE STARTED 9190121 COMPLETEd 9NO121 GROtiND ELEVATION Nra GROUND WATER LEVELS: DRILLING NlETHOD Contit�uous Fliqht Aucler AT TIME OF DRILUNG Dry Ai END OF DRILLING D_ry {VOTES AFTER DRILLING -- `� _. .c6...� qTfERBERG �- c� °' m . � W ' � W f' .--. = U� � O LL � C = �~ f- Z i-. W� � O MATERIAL DESCRIPTION j y N� ��? Z�� w � �- f.-v.. �-- U W � o a � N N � � .,., ►- � - v� n � ¢ ° � ° �Xo � �o �� g� �°z w m 00 ��- a� ct o c� a g- z 0 zr�n:�C�oC a LL Tan and brown sandy clay (FIL�) -- Si P= 2.0 16 32 19 13 - ST Qu = 2.9 108 20 $ ST P= a.5+ 22 47 21 26 Dark brown ciay - ST P=4.5+ � Tan Sllry Ciay ST P= 4.s+ Tan lirnestone THD T=1 75°��00 �p - with clay seams ��. L: - 7an silty clay - ��,,/`' ' _.._.__.,a _ _. N f � � - -� 5T P=4.5+ � � 15 � � � f z � c� _ a Tan limestone ti - with clay seams M - � N b Z h ' Z � 7 J Q ' = SS N = 50/3.0" ro = 20 o-.__ _ . —... � Bottom of hole at 20 feet. 0 W � FIGURE 14 Ellerbee-Walczak, mc. BORING NUMBER B-�4 4501 Broadway Avenue PAGE t OF 1 Maliom City Texas 76117 Telephone: �8i 7-759-9999 Fax_ 817-759-1888 CLIENT 'f70 Northstar Ranch Developer, Inc. PROJECT NAME Northstar Section 4 PROJECT NUMBER NS216273 PROJECT LflCATION fVorthstar Pkvux.. Ft. Worth, TX DATE STARTED 9110J21 COMPLETED 9110121 GROUNp Et,EVA710N N1A GROUNp WATER LEVELS: DRILLING METHOD Continuous Fliqht Auqer AT TlME OF DRI�LING Dry AT END OF DRILLING Dry NOTES AFTER DRILLING -- W o o ATTERBERG Z c? a m. • �y w 4 w } LL� �� � � a� a J MATERIAL DESCRIPTION � ��� � y� z�� w o� F F. v W O� � � p- oLc�na y�," p� �� �� F-� t/> � m��a=� o �o JJ g� S? z � zF:aac7� a �- Brown clay (FILL} - with limestone fragments - ST P = 4.5+ ` ST P= 4.5+ 99 67 32 35 Brown silty clay 5 ST P= 4.5+ 14 38 18 20 Light tan silty clay ' ST P = 4.5+ - ST P=4.5+ 15 31 16 45 10 Tan and gray silty clay _ � c � - ST P= 4.5+ 17 47 20 27 � � 15 � � � z t� _ � a c7 M n m n Tan limestone z - with clay seams �, - z � AU o - U = 20 T1iD T = 0.75"l100 U � Bottom of hole at 20 feet. 0 � c� FIGURE 95 Ellerbee-Walczak, �nc. BORING NUMBER B-15 4501 Broadway Avenue PAGE 1 OF 1 Haitom City, Texas 76117 Telephone: 817-759-9999 Fax: 817-759-1888 CLtENT 170 Northstar Ranch Develoaer, Inc. PROJECT NAME Northstar Section 4 PROJECT NUMBER NS276273 PROJECT i.00ATION Northstar Picvw., Ft Wo�th. TX DATE STARTED 9l10l21 COMPLETED 9110121 GROUND ElEVA710N NIA GROUND WATER LEVELS: DRILUNG METHOD Continuous Fliqht Auqer AT TIME OF DRILLING Dry AT END OF pRILLING Dry NOTES AFTER DRlLLtNG — N AT7ERBERG �- = c� � m. . w o w ►- ., = c� � � `L = � � � � z W� a� O MATERIAL DESCRIPTIOIV � ��� ��' �3 Z Q� W O�. �� � j x � o Q C�7 � at � �aa y�." pZ �� �� �Q �_, � ms �°' �c�s o �� JJ g� gz w F- a z 0 z�da�t1� a u- Brown and tan sandy clay (FILL} - 5T P=4.5+ - ST Qu = 4.6 105 2D 5 ST P = 3.75 Tan fractured lirnestone _ - with clay ss N= 36 Tan clay ' ST P= 3.5 22 52 23 29 10 _ Gray clay � ' ST A= 4.5 22 62 27 35 r � 15 � � � 2 U' _ -� a � M � Tan limestone N _ - with clay seams � - � 3 o - = SS N = 45 s 20 U o Bottom of hole at 20 feet. W � FIGURE 16 Ellerbee-Walczak, �nc. BORING NUMBER B-16 4501 Broadway Avenue PAGE � oF i Haltam City, Texas 76117 Telephone: 817-759-9999 Fax: 817-759-18$8 CLIENT 170 Northstar Ranch Developer, Inc. PROJECT NAME Northstar Section 4 PROJECT NUMBER NS216273 PROJECT LOCATION Northstar PkwY., Ft. Wotth. TX DATE STARTED 9113/21 COMPLETED 9/13/21 GROUND ELEVATION NIA GROUND WATER LEVELS: DR1l.LING METHQD Continuous Fliqht Auqer � AT TIME OF DRILLING �.0 (t AT END OP DRILUNG _ Dry NOTES AFTER DRILLING -- �" ATTER6ERG � v 0.} m � wo w z I- o ti �+- � �� } 1- �� � O MATERIAI DESCRIPTION J N N(� c y� �� � j� �� F� c,.) �� o � � � oL � �aa } OZ (7� �� �j � (n � 0° = F- a� c�s o �� _� .a a.� z ut _ Z � z�a�cs� a u. Tan Silty Clay ST P= a.5 15 42 16 26 � - with limesfone fragments - �,, ___. _. _.... 'f SS N = 50/4.0" _ � Tan lirnestone � � - with clay seams Au Y �' THD T = 2.5"/100 5 . AU THD T = 3.5"/100 10 Gray limestone - with shale seams � AU o - � �� THD T=4.0"/300 � Bottam of hole at 15 feei. �� z � a' � � � N z z � J � U S a� z V w r 0 w C9 FlGURE 17 Ellerbee-Walcrak, �nc. BORING NUMBER B-17 4501 Broadway Avenue PAGE '1 OF 1 Haltom City, 7exas 76117 7e lephone: 817-759-9999 Fax: 817-759-1888 GLIENT 170 Northstar Ranch Develoaer, Inc. PROJECT NAME Northstar Section 4 PROJECT NUMBER NS216273 PROJECT LOCATION Northstar Pkwv., F� Worth. TX DATE STARTED 9/13121 __ __ COMPLETED 9/13/21 GROUND ELEVATION NJA GROUND WATER LEVELS: DRILLING METHOD Continuous Fliqht Auqer AT TIME OF DRILLING Dry AT END OF DRILLING Dr,r NOTES AFTER DRILLING — a o G,.T � \ ATTERBERG Z U } � r . w a -- u-' a� � O MATERIAL DESCRIPTION W c� a'-- �' � z � ? W � i... V F ~ x o 0 �v J J N N� �� N � fl" � F- �- �- �W C��. � � ¢ � V p GlX � (� �� �� �� � Z tl.l GD_I-4 •• Z � _...._______�._ N z� a d C3 � � � a a �+- /% Tan silty clay - with limestone seams ss N= 50/4.0�� � � - � _._. .._ � _ � SS N= 50l6.0" i 7 42 21 21 Tan limestone � �� � "� 5 - with clay seams THD T= 3.O�v�oo Gray limestone Au � Q THD T= 2.0"1100 � %►U a - � 15 THD T= 1.25"/100 �, __ ._�.,..��..,_.m. .._. .. _ � Bottom af hole at 15 feet. z � a � � � � z i � 0 U _ m _ Uy� F O w � FIGURE 18 Eilerbee-Walczak, inc. BORINC.y NUMBER B-18 4501 Broadway Avenue PAGE 1 OF 1 Haitom City, Texas 76117 7elephone: 817-759-9999 Fax: 817-759-1888 CLIENT 170 Northstar Ranch Deveioper, Inc. PROJECT NAME Northstar Section 4 PROJECT �tUMSER NS216273 PROJECT LOCATION Northstar Pkwv., Ft. Worth. TX DATESTARTED 9/13/29 COMALETED 9!l3/29 GROUNDELEVATION NIA ����� GROUND WATER LEVELS: DRiLLING METHOD Continuous Fiiqht Auger .. ._,_��� � ATTIME OF DRILUNG Ory AT END OF RRILLING DrV NOTES _,___`._ _ _ AFTER DRILLING -- W o o ATfERBERG Z v �}{..'. m. � w a T w �"' .-. _ {,7 " p LL; LL C F � ~ � � �� Q p MATERIA� DESCRIPTION � ��� � y � z�� w a F �� v Q o a a C a v N � a� �.� ��— � F u� c.� ... N �� � Q °� o �Yo � �o �� �� �z w m.,. r a.. a z ..� � zF-adC1� � v a �- .._. _. �. �, Tan silty clay _ - with limestone seams and layers SS N= 2s i5 as 2� 28 SS N = 50t3.D" THD T = 6.0"l100 5 Tan limestone - with clay seams AU THD T = 3.0"/100 10 8rown clay � � � � - ST P= 4.5+ 22 55 22 33 � 0 c� 15 y F Z (� � O. C7 n r` r. - m N � z y - . z � � � " ST C2u = 4.8 99 24 U T m s 20 c, - ._.._._._.__._.____._,.._ _____. �_. ._ . .__. � Bo�tom of ho�e at 20 feet. 0 w � F{GURE 79 Ellerbee-Walczak, �nc. B�RING NUMBER B-19 4501 Broadway Avenue PAGE � oF � Haliom City, Texas 76117 Te le p h o n e: 817-759-9999 Fax: 817-759-188$ CLIENT 170 Northstar Ranch Develooer Inc. PROJECT NAME Northstar Section 4 PROJECT NUMBER NS216273 PROJECT LOCATION _Northstar Pkwv., Ft. Worth TX dATE STARTED 9M3/2� _ COhAPLETED 9113121 GROUND EI.EVATION N!A GROUND WATER LEVEIS: DRlLLING METHOD Continuous Fliqht Auqer AT TIME OF DR1Lt,ING _ Dry AT END OF DRILLfN6 �rY N07ES .________ AFTER DRILLING --- `" ATTERBERG �- c� � °- W. . � w� __� M w � �y ... Q. .... _ . � 1- I- ,..� = Ur C IL � � � F" Z W� � O MATERIAL DESCRIPTION J ���� N Y3 z� � w 4 E... F F U K O o � � Q ��o�Y� �~ �o �� g� NZ Wv W_ra z � � z�naac�a � c� n- a— LL Dark brown sandy clay � � � ST P= 4,5+ 20 46 24 22 76 Srown ciay _._.�_.. ____ _ _ _ _... - ST P= d.5+ 21 65 25 44 _ _. _..._._ . _ ___.__ ---••-- ----,-,__ 1'an and brown sandy clay 5 ST P = 4.0 ' ' �i''� y- - j� ST P= 4.5+ 15 34 17 17 _ � - � j ST P = 4,0 10 %i _.^... .. ` � _ � Tan and gray clay c � � - ST P= d 0 15 57 23 34 � � 15 w � � z c� _ � a co n n N ' � N N Z � Z � AU � o - " Tan limestone � �= Tt10 T = 7.0"l10� zQ - with clay seams � Bottom of hole at 20 feet. 0 W � FicuR� zo Ellerbee-Walczak, �nc. BORING NUMBER B-2Q 4501 Broadway Avenue PAGE � oF i Maikorn City, Texas 76117 Telephone: 8'17-759-9999 Fax: 817-759-1888 C�IENT 17� Northstar Ranch Developer, lnc. PROJECT NAME Northstar Section 4 PROJECT NUMBER NS216273 PROJECT LOCATION Nnrthstar Pkwv., Ft. Worth, TX DATE STARTED 9/13121 u__ COMPLETED 9113121 GROUND ELEVATION NJA . �w�� GROUND WATER I.EvELS: DRILLING METHGID Continuous Fiiaht Auaer AT TIME OF DRILLiNG ory A7 END OF DRILLING Dry NOTES __,. „�_ AF7ER DRiLLING --- �...� .,__.._._.__ W � '-- � o A7i'ERSERG z U a m . �' -- W F=-^, =(i � au, L' c �-� j�" � F W� Q O MATERIAL DESCRIPTION � N N�� N� j Q N� � F. F F V �x � o � Cj � or.°'�� � aa �. Oz �� g� �� <n Q m C�aYO Q` '�-LO J J a J �C Z Z Q � ZI-�a�Cs� � U 4— ii Tan cfay (FILL) - with limestone fragments ' ST P=0.5 30 N � F z c� _ � a c� M A N � � N 2 � - z E � J � - � x U _2O'_ � a w � brown clay Brown Tan limestone - with cfay seams f Bottom af hole at 5T I P=2.0 ST ( P = 2.0 29 I 71 I 26 I 45 ST I P = 2.0 ST I P = 2.0 251 56124132 AU TH4� T = 5.5"/100 THD T = 3.75"/100 FIGURE 21 Ellerbee-Walczak, �nc. BORING NUi1ABER B-2� 4501 Broadway Avenue PAGE 1 OF 1 Haltom City, Texas 76117 Telephone: 817-759-9999 Fax: 817-759-1888 CLIENT 170 Northstar Ranch Developer, Inc. ___!__.__..__� PROJECT NAME Northstar Section 4 _`___�_. PROJECT NUMBER NS216273 PROJECT LOCATION Northstar Pkwy., Ft. Worth, TX i�ATE STARTED 9/13121 COMPLETED 9193l21 GROUND ELEVATfON N1A Y GROUND WATER LEVELS: DRILL.ING METHOD Continuous Fliqht Auqer AT TIME OF DRILUNG Dnr AT END OF DRILLING DrY NOTES AFTER DRILLING - --.____ ,,...�. .. _.,._..�,.m. _,�....��. �. �, =_.�...�._, =u q7TERBERG F.._ V � ro � W � W _ � � � � " � F- a� °� O MATERIAL DESCRIPTION W ��-- 3' � z� � W � F v x �� pv �� a �a�s�na �a r�� _� �� Fp U�. C� g o r� c�•- �- O Z U' — tq � � m ��a �� o �o JJ a� g? Z 0 z� adc7� a �+- Dark brown clay - ST P= 4.5+ 21 53 22 39 90 � � N a - � 0 � ai - � z c� _ a � M � N" � N N z � - � J n - Brown silty clay ,. _ _. _ _ _ _ _ _ _ _ Brown clay - with tan lirnestone fragments ST P = 4.5+ SS N=22 17I 47120127 an limestone - with clay seams ray limestone Bottom of hofe at 20 feet. ST ( P = 4.0 SS I N = 26 AU THfJ T = 3.75"J100 AU THD T = 1.5"l1Q0 '141 491 22127 FIGURE 22 Ellerbee-Walczak, Inc. BORING NUMBER B-22 4501 Broadway Avenue Haitom City, Texas 76117 PAGE 1 pF 1 Tel ephone: 817-7 59-9999 Fax: 817-759-1888 CLIENT 170 Nortltstar Ranch Developer Inc. PROJECT NAME Northstar Section 4 PROJECT NUMBER NS216273 � Y^� PRQJECT LOCATION Northstar Pkwv., Ft. Worth. TX ' DATE STARTED 9110l21 C�MPL,ETED 9110121 GROUND ELEVATION Nra GROUND WATER LEVELS: DRILLING METHOD Continuous FiiQht Auaer AT TIME OF DRILL{NG _ Dry AT END OF DRIILING Dry ^� ' NOTES AFTER DRILLING --- .^ __.__._ .. _..---. _._.�.._._.. w y ATTERBERG E- c� a m � . � w = _ _ ._ w F ^ � � � o LL LL C � j � . . . �.5.� . 2 W� � O MATERIAL DESCRIPTION J N�� ��' � j a N� o F F� V w O o � � � o°'� �s3.a y. Oz �� �� hp cn � m��ajo o � O �� a-� N Z z 0 zHa�q� a LL. --._..—.__-,___.__ �_ f/'� 7an silty clay __ __ _._._._ ----- - with limestone layers - ,/r ST P = 4.5+ 5 10 � �a - � � 15 �n — � � z t9 _ a' c� M ti N � � N N Z N Z � � J 4 - v x x 20 V__... _. � 0 w � tan limestone - with clay seams _ ._ .— ...... _.__._ Tan silty ciay - with 1i�nestone layers Tan limestone - with clay seams . .. _.. . ... af hoie at 20 feei. ST I P = 4.5+ THD I T = 2.75"/100 _.. _ ST P = 4.5+ SS � N = 50l4.0" AU THD T = 1.25"f100 20I 36I 47I 19 13 � 37 � 14 � 23 FIGURE 23 Ellerbee-Walczak, �nc. BQRING NUMBER B-23 4501 Broadway Avenue Haltom City, 7exas 76117 PAGE 1 OF 9 Telephone: 817-759-9999 Fax: $17-759-1888 CLIENT 170 Northsta� Ranch Develon2r, lnc. PROJECT NAME Northstar Section 4 PROJECT NUMBER NS216273 PROJECT LOCATION Northstar Pkwv. Ft. Worth TX DATE STARTED 9/90l2'E COMPLETED 9/'EO/21 GROUND ELEVATION N!A GROUND WATEF2 LEVELS: DRILLiNG METHOD Continuous Fii ht Au er AT TIME OF ORILLING oro AT END OF DI2ILLING D NOTES AFTEF2 DRILLING — W o a ATTERBERG Z z v °' m. • � w` W a� a O MATERIAL DESCRIPTION � �� LL i3 Z�i � Z p V � O; oy �-' a N�'�� � d � a�� �~ E_~ U t� i U� m ,� � � � y m��a�� o �O �� a� �z w o g� z z F-: n: � c7 � a � 7an silty ciay ST P= 4.5+ 16 38 17 21 Tan limestone _ - with clay seams ss ry = az � 7HD 7 = 2.Q"/100 Tan si(ty clay ST P= 4.5+ 16 49 21 28 Tan and brown silty clay S7 P= 4.5+ 22 44 23 21 10 � _ AU w Gray limesione � �� THD T=1.75"/100 � z C9 _ a' c� n N - N N _ N � � � AU o - U i ; 20 THD T = 2.0"/10Q � 8ottom of hole at 20 feet. W � FlGURE 24 Ellerbee-Walczak, �nc. BORING NUMBER 8-24 4501 Broac3way Avenue PAGE 1 oF i Haltom City, Texas 76117 Telephone: 817-759-9999 Fax: 817-759-1888 CLIENT 170 Northstar Ranch Developer, Inc. PROJECT NAME Northstar Section 4 �'ROJECT NllMBER NS296273 PROJECT LOCATION Northstar Pkwv.. Ft. Warth, TX _ _ _._.�.___— ., �..q.>_._ _ _.m.n_. �_� �..._.�e,._,.. DATE STARTED 9110t21 COMIPLETED 9/70/21 GROUND ELEVATION NtA GROUND WATER LEVELS: DRlLLING METHOD ContinuoUs Fli9ht Auqer _ AT TIME OF DRILLING Dry AT END OF DRILLING Dry NOTES .,__��____ AFTER DRILLING - W o o A`f7ERBERG Z c� °' m . , � w' w � � " � I- Q� � O MATERIAI DESCRiPTION a r�' �� � y� � Q � F �� F� U W O o � `f m `5'�aYo � �O �� �� �z w Q � zt=adCp� � v a g— z . ._....... _. ,___... _ _.. __---•- a � Tan and brawn sifty clay (FILL} - ST P=4.5+ ST P=4.5+ 16 f Brownish tan silty clay 5 ST P= G.S+ 15 34 il 17 � _ � _ /r ST p = 4.5+ � , � ST P=4.5+ 10 % N Gray shale � Au � --- o- � 15 THD T = 6.0"l100 � z C9 _ - � a � � -- N - � N N �_ z - � _ _ oz...._ . _._._ _ _.__..______. _. _ Gray limestone Au ' U S U 20 THD T= 1.75"J100 � Bottom of hole at 20 feet. 0 W (7 FIGURE 25 - Ellerbee-Walczak, �nc. BQRING NUMBER B-25 4509 Broadway Avenue Haltom City, Texas 76117 PAGE 1 OF 1 Telephone: 817-759-9999 Fax: 817-759-1888 CLIENT 170 Northstar Ranch tieveloper Inc PROJECT NAME Northstar Section 4 PROJECT NUMSER t3S2�6273� PROJECT LpCATI�N Northstar Pkwy., Ft Wprth. TX DATE STAR7ED 9110l21 _ COMPLETEU 9N0t21 GRouNO ELEvqTION N1A ^ G120UND WATER LEVELS: DRfLLING M£THOD Caniinuous Fliqht Auqer �_ AT TtME OF DRILUNG D �L.._-- AT END OF ORILLING _DIy IJOTES __ _----- AFTER ORILLING — U a o \ AT7ERB�RG Z � wo w� a O MATERIAL DESCRIPTION � �� Q_. LL � ~� � z V � Z a � a H�y=�d �a c��nF �� t-� Uw �o � � o���aa � OZ �� �� �O cn o � m=�a �c°� o �� JJ aJ g� z -�- z f- a� C� � a u. ; Tan and brown silty ciay _ / - with limestone fragments ST P= 4.5+ 17 40 23 17 yo N N O � � 0 � 1� N -- � � Z � _ � 4 4'J M n N - f0 N N z rn - z � � J 0 U m _ U W H O w � Tan lirnestone - with clay seams Tan silty clay Tan limestone - with clay seams an clay Tan limestone - with clay layers Bottom of hole at 19 feet. SS I N=38 ST � P = 4.5+ ST � P = 3.75 16 � 40 � 19 � 21 ST P=45+ THD T = 1.25"/100 ST � P = 4.5 SS �... _.t.. ....._.... 19 I 59 24 � 35 FIGURE 26 SOIL CLASSIFICATION CHART MAJOR DIVISIONS SYMBOLS TYPICAL GRAPH LETTER DESCRiPTi4NS �; CLEAN t�� '"'�� '� WELL-GRADED GRAVELS, GRAVEL - �► ►�i !; GW SAND MIXTURES, LITTLE OR NO GRAVEL GRAV�LS � �.:�.�,^, "• FINES AND ��:` - GRAVELLY opb oa° POORLY-GRRDEDGRAVELS, SOILS (LITTLE OR NO FINES) o p0o 0 G P GRAVEL - SAND MIX7URES, LITfLE � ��Q OR NO FtNES COARSE ° GRAINED GRAVELS WITH ° � `° � SILTY GRAVELS, GRAVEL - SAND - SOILS MORE THAN 50% FINES o D GM SILT MfXTURES OF COAfiSE � o FRACTION RETAINED ON NO. 4 SIEVE (APPRECIABLE CIAYEY GRAVELS, GRAVEL - SAND - AMOUNT OF FINES) G�' CLAY MIXTUFtES CLEAN SANpS SW WELL-GRADED SANDS, GRAVELLY MORE THAN 500� SAND SANDS, L1TfLE OR NO FINES OF MATERIAL IS AND LAFiGEFt THAN SANDY POOfiLY-GRADED SANDS, NO. 200 SIEVE SOILS � `���'� � ' � � SIZE {LITfLE OR NO FINES) �: S P GRAVELLY SAND, LITTLE OR NO , . FINES SANpS WITH SM MIiX URESDS, SAIVD - SILT MORE 7HAN 50% FINES OF COARSE FRACTION PASSING ON NO. 4 SIEVE (APPRECIABLE CLAYEY SANDS, SAND - CLAY AMOUIYT OF FINES) : S'r' MfXTURES INOFtGANIC SILTS AND VERY FINE ML �NDS. ROCK FLOUR, SlLTY OR CLAYEY FINE SANDS OR CLAYEY SILTS WITH SLIGHT PLASTICITY SILTS INORGANIC CLAYS OF LOW TO FINE LIQUID LIMI7 MEDIUM PLASTIC{TY, GRAVELLY GRAINED AND LESS THAN 50 C'�- CLAYS, SANDY CLAYS, SILTY CLAYS CLAYS, LEAN CLAYS SOILS — — — -- -- OL �RGANIC 51LTS AND ORGANIC _ SILTY CLAYS OF LOW PLAS71CI7Y MORE THAN 50% INORGANIC SfLTS, MICACEOUS OR OF MATERIAL IS M H DtATOMAGEOUS FINE SAND OR SMALLER THAM SSL7Y SOILS NO. 200 SiEVE sizE SILTS LIG2UlD LIMIT INORGANIC CLAYS OF HIGH CLAY�S �REATER THAN 50 CH PLASTICITY OH �RGANIC CLAYS OF MEDIUM TO HIGH PLASTICiTY, ORGANIC SILTS ..,., HIGHLY ORGANIC SOILS �' ��� �� ��' pT PEAT, HUMUS, SWAMPSOILS WITH „ „ , r „ HIGH ORGANtC CON7EN7S NO7E: DUAL SYMBOLS ARE USED TO INDICRTE 80RDERLINE SOiL CLASSIFICATIONS Figure 27