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Home My WebLink AboutContract 57525-PM1CSC No. 57525-PM1 00 00 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised September 2015 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions 00 11 13 Invitation to Bidders 00 21 13 Instructions to Bidders 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 45 11 Bidders Prequalification’s 00 45 12 Prequalification Statement 00 45 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 00 61 25 Certificate of Insurance 00 62 13 Performance Bond 00 62 14 Payment Bond 00 62 19 Maintenance Bond 00 72 00 General Conditions 00 73 00 Supplementary Conditions 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects Division 01 - General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 32 33 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 55 26 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents 00 00 10- 2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised September 2015 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City’s Buzzsaw site at: htps://projectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%20Documents/Specifications Division 02 - Existing Conditions 02 41 13 Selective Site Demolition 02 41 14 Utility Removal/Abandonment 02 41 15 Paving Removal Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 26 - Electrical 26 05 00 Common Work Results for Electrical 26 05 10 Demolition for Electrical Systems 26 05 33 Raceway and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31 - Earthwork 31 10 00 Site Clearing 31 23 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 31 36 00 Gabions 31 37 00 Riprap Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 32 01 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 32 12 16 Asphalt Paving 32 12 73 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 14 16 Brick Unit Paving 32 16 13 Concrete Curb and Gutters and Valley Gutters 00 00 10- 3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised September 2015 32 17 23 Pavement Markings 32 31 13 Chain Link Fences and Gates 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates 32 32 13 Cast-in-Place Concrete Retaining Walls 32 91 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching, Seeding and Sodding 32 93 43 Trees and Shrubs Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 33 03 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 33 04 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 05 10 Utility Trench Excavation, Embedment, and Backfill 33 05 12 Water Line Lowering 33 05 13 Frame, Cover and Grade Rings 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 05 16 Concrete Water Vaults 33 05 17 Concrete Collars 33 05 20 Auger Boring 33 05 21 Tunnel Liner Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Exploratory Excavation for Existing Utilities 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 11 15 Pre-stressed Concrete Cylinder Pipe 33 12 10 Water Services 1-inch to 2-inch 33 12 11 Large Water Meters 33 12 20 Resilient Seated Gate Valve 33 12 21 AWWA Rubber-Seated Butterfly Valves 33 12 25 Connection to Existing Water Mains 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 33 12 40 Dry-Barrel Fire Hydrants 33 12 50 Water Sample Stations 33 12 60 Blow-off Valves 33 31 12 Cured in Place Pipe (CIPP) 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains) 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised September 2015 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 33 31 22 Sanitary Sewer Slip Lining 33 31 23 Sanitary Sewer Pipe Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 33 39 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 39 40 Wastewater Access Chamber (WAC) 33 39 60 Epoxy Liners for Sanitary Sewer Structures 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 41 11 HDPE Storm Sewer Pipe 33 46 00 Sub drainage 33 46 01 Slotted Storm Drains 33 46 02 Trench Drains 33 49 10 Cast-in-Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 34 41 10 Traffic Signals 34 41 13 Removing Traffic Signals 34 41 20 Roadway Illumination Assemblies 34 41 30 Aluminum Signs 34 71 13 Traffic Control Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements GeoTech Report END OF SECTION DIVISION 00 GENERAL CONDITIONS UTILITIES Water Facilities 1 0241.1118 4"-12" Pressure Plug 02 41 14 EA 3 $610.00 $1,830.00 2 3305.0109 Trench Safety 33 05 10 LF 3,544 $1.00 $3,544.00 3 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 0.3 $138,900.00 $41,670.00 4 3311.0241 8" PVC Water Pipe 33 11 10, 33 11 12 LF 3,392 $52.00 $176,384.00 5 3311.0241 8" PVC Water Pipe, CSS Backfill 33 11 10, 33 11 12 LF 40 $77.00 $3,080.00 6 3311.0461 12" PVC Water Pipe 33 11 12 LF 112 $106.00 $11,872.00 7 3312.0001 Std. Fire Hydrant Assembly w/ 6" Gate Valve & Valve Box 33 12 40 EA 2 $9,100.00 $18,200.00 8 3312.0117 Connect to Existing 8" W.L. Stub-out 33 12 25 EA 3 $2,320.00 $6,960.00 9 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 1 $3,070.00 $3,070.00 10 3312.2003 1" Domestic Water Services 33 12 10 EA 154 $1,300.00 $200,200.00 11 3312.3003 8" Gate Valve & Valve Box 33 12 20 EA 8 $2,120.00 $16,960.00 Water Subtotal $483,770.00 Sanitary Sewer Facilities 12 3301.0002 Post-CCTV Inspection 33 01 31 LF 5,121 $3.00 $15,363.00 13 3301.0101 Vacuum Test Manholes 33 01 30 EA 17 $200.00 $3,400.00 14 3305.0109 Trench Safety 33 05 10 LF 5,121 $1.00 $5,121.00 15 3305.0113 Trench Water Stops 33 05 15 EA 10 $2,350.00 $23,500.00 16 3331.3101 SDR-26 4" Sewer Services 33 31 50 EA 153 $1,430.00 $218,790.00 17 3331.4115 8" SDR-26 PVC Sewer Pipe 33 11 10, 33 31 12, LF 4,831 $54.00 $260,874.00 18 3331.4116 8" PVC Sanitary Sewer Pipe w/ CSS Backfill 33 11 10, 33 31 12, 33 31 20 LF 290 $99.50 $28,855.00 19 3339.0001 Epoxy Manhole Liner 33 39 60 VF 20 $370.00 $7,400.00 20 3339.1001 4' Std. Dia. Manhole 33 39 10, 33 39 20 EA 17 $6,300.00 $107,100.00 21 3339.1003 4' Extra Depth Manhole 33 39 10, 33 39 20 VF 78 $390.00 $30,420.00 22 9999.0003 Connect to Existing 8" sewer 00 00 00 EA 1 $3,070.00 $3,070.00 Sanitary Sewer Subtotal $703,893.00 Bidlist Item Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Developer Awarded Projects - PROPOSAL FORM Hulen Trails, Phase 4, City Project #103489 UNIT PRICE BID Project Item Information MOSS CITY OF FORT WORTH STANDARD CONSTRUCTION BID PROPOSAL-DEVELOPER AWARDED PROJECTS Form Revised January 29, 2020 Hulen Trails, Phase 4 City Project #103489 00 42 43_Bid Proposal Storm Drain Facilities 23 3137.0104 Medium Riprap, dry 31 37 00 SY 359 $189.50 $68,030.50 24 3305.0109 Trench Safety 33 05 10 LF 3,325 $1.00 $3,325.00 25 3305.0112 Concrete Collar 33 05 17 EA 3 $400.00 $1,200.00 26 3341.0201 21" RCP, Class III 33 41 10 LF 394 $71.00 $27,974.00 27 3341.0205 24" RCP, Class III 33 41 10 LF 943 $82.00 $77,326.00 28 3341.0309 36" RCP, Class III 33 41 10 LF 1,050 $138.50 $145,425.00 29 3341.0402 42" RCP, Class III 35 41 10 LF 169 $188.00 $31,772.00 30 3349.0001 4' Storm Junction Box 33 49 10 EA 5 $6,900.00 $34,500.00 31 3349.0102 5' Storm Junction Box 33 49 10 EA 1 $8,100.00 $8,100.00 32 3349.4104 21" SET, 1 pipe 33 49 40 EA 1 $2,310.00 $2,310.00 33 3349.4105 24" SET, 1 pipe 33 49 40 EA 4 $2,680.00 $10,720.00 34 3349.4107 30" SET, 1 pipe 33 49 40 EA 1 $4,740.00 $4,740.00 35 3349.4111 42" SET, 1 pipe 33 49 40 EA 1 $5,500.00 $5,500.00 36 3349.5001 10' Curb Inlet 33 49 20 EA 13 $6,500.00 $84,500.00 37 3349.5002 15' Curb Inlet 33 49 20 EA 6 $8,100.00 $48,600.00 38 9999.0001 (4) 5' x 3' & (1) 8' x 3' Concrete Hwadwall With Straight and Flared Wingwalls 00 00 00 EA 1 $22,000.00 $22,000.00 39 9999.0002 (4) 5' x 3' Concrete Headwall with Straight and Flared Wingwalls 00 00 00 EA 1 $20,900.00 $20,900.00 40 9999.0003 (2) 6' x 3' Sloped-End Headwall 00 00 00 EA 2 $16,400.00 $32,800.00 41 9999.0004 8' x 3' Sloped-End Headwall 00 00 00 EA 2 $12,700.00 $25,400.00 42 9999.0005 3' Drop Inlet 00 00 00 EA 1 $6,300.00 $6,300.00 43 9999.0006 Access Riser 00 00 00 EA 4 $3,320.00 $13,280.00 44 9999.0007 Connect to 36" RCP 00 00 00 EA 3 $2,060.00 $6,180.00 45 9999.0008 5' x 3' R.C.B., Class III 00 00 00 LF 290 $320.00 $92,800.00 46 9999.0009 8' x 3' R.C.B., Cass III 00 00 00 LF 359 $520.00 $186,680.00 47 9999.0010 (2) 6' x 3' R.C.B.C.00 00 00 LF 120 $800.00 $96,000.00 48 9999.0011 8' x 3' R.C.B.C 00 00 00 LF 415 $540.00 $224,100.00 49 9999.0012 (4) 5' x 3' R.C.B.C.00 00 00 LF 77 $1,710.00 $131,670.00 50 9999.0013 Concrete Apron 00 00 00 SY 221 $152.50 $33,702.50 Storm Drain Subtotal $1,445,835.00 Water/Sanitary Sewer/Storm Drain Facilities Subtotal $2,633,498.00 Bid Summary MOSS Water/Sanitary Sewer/Storm Drain Facilities Subtotal $2,633,498.00 Total Bid $2,633,498.00 ***Performance/Payment and 2-year Maintenance Bonds***$38,641.00 Grand Total $2,672,139.00 ***BONDS ARE NOT A BID ITEM*** This bid is submitted by the entity listed below: Moss Utilities, LLC By: 3300 Rock Island Rd. Irving, TX 75060 214-265-6569 Signature Title: Date: Contractor agrees to complete WORK for FINAL ACCEPTANCE within 129 working days after the date CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION BID PROPOSAL-DEVELOPER AWARDED PROJECTS Form Revised January 29, 2020 Hulen Trails, Phase 4 City Project #103489 00 42 43_Bid Proposal Project Manager 3-16-2022 00 45 11 - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project #103489 Revised April 2, 2014 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary. All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven (7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder’s Prequalification Application, the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm’s organizational documents (Corporate Charter, Articles of Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm’s Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermit/ and fill out the application to apply for your Texas tax ID. (2) The firm’s e-mail address and fax number. (3) The firm’s DUNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Federal Aid projects. The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. 00 45 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project #103489 Revised April 2, 2014 (2) To be satisfactory, the financial statements must be audited or reviewed by an independent, certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual, corporation, or limited liability company. (4) Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact, independent. (6) The accountant’s opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America. This must be stated in the accounting firm’s opinion. It should: (1) express an unqualified opinion, or (2) express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor’s bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital = current assets – current liabilities) by a factor of 10. Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time a new financial statement is being prepared, the previous statement shall be updated with proper verification. b. Bidder Prequalification Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report, the notation of “None” or “N/A” should be inserted. (2) A minimum of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid a. The City shall be the sole judge as to a contractor’s prequalification. b. The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. 00 45 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project #103489 Revised April 2, 2014 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION SECTION 00 45 12 DAP-PREQUALIFICATION STATEMENT 00 4 5 12 DAP PREQUALIFICATION STATEMENT Page 1 of! Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Type" box provide the complete major work type and actual descripti on as provided by the Water Department for water and sewer and TPW for paving. Contractor/Subcontractor Company Name Prequalification Exoiration Date Wastewater New Development Open Cut 36" and under; Water Moss Utilities, LLC 04/30/2022 New Development Open Cut (16" and under); The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Moss Utilities, LLC 3300 Rock Island Rd. Irving, TX 75060 214-265-6569 BY:~ TITLE: 'J/V\ (Signature) DATE: 'f -t:f · 22. END OF SECTION CITY OF FORT W ORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT -DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 Hulen Trails Phase 4 City Project #103489 00 45 26-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I 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. 103489 . 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: Moss Utilities, LLC Company 3300 Rock Island Rd. Signature:~-------------- Address Irving, TX 75060 City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT § § Title: BEFORE ME, the undersigned authority, on this day personally appeared ¼.Mt fu -N\oa,c:L , 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 'N\f'i:)~ \.W \~ H11 :;. 1 / LL for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _]_.__ __ day of 'f'-.§>s-\\ , 2022. ,,1111,,,, JESSICA DEi\NN DAVIS ,'co.V P1., ,, f-., io"';-'······~~ Notary Public, State o ,exas -~•"..J;;;•eo -2026 ~;J.~)fE Comm. Expires 12-09- ~;>iioi,'~$ Notary ID 133482603 "11,nn\'\ CITY OF FORT WORTH END OF SECTION ST AND ARD CONSTRUCTION SPECIFlCA TION DOCUMENTS Revised April 2 , 2014 Hulen Trails Phase 4 City Project# I 03489 April 8, 2022 005243-2 Developer Awarded Project Agreement Fage 2 of 4 L�t'tiCie 4. �:�6I�I'�'AL4.CT � CE Developer agrees ta pay Contractoz' for performance ofthe Work in accardanee with the Contraet Docum�nis an ainautYt in cunent funds of T�vo Miilion Six �I�ndred Seve�lv Two Thoasand i�ne ginndred'Thirtv I�ine �c 00/i0Q Dollars (�z,d72,139.00) ��-rzc(e 5. C�1��' �T DO�UMENT� 5.1 CUNTENTS: A. The Contxact Llocuments vvhich coinprise the entire agreetnent between Developer and Contractc�r concerning the Work consist of ihe following: 1. This Agreenient. ?. l�ttachnlents to this Agreement: a. Bid Forin (As provided by beveloper) 1) �'roposal Farm (D.AP Version} 2} Pre�uati�cation Statement 3) State and Fedet•a1 documents {project spec�c} b. Insurance AC�RD Form(s) c, Payment Bond (DAP Version} d. PerforXnat�ce I3ond {DAP Version) e. Ntaintenance Bond (DAP Versian} � Poti�er of t�ttomey for the Bontts g. Worlcer's Compensation Affidavit h. MBE and/or SBE Couaznit�nent Fortn (If required) 3. Standard Cxty General Condi#ians oi tk�e Constructian Contract £or Developer Awaxded Projects. 4. Supplementary Conditions. 5. Specifications speciiical]y made a part of the Contraci Docum�nts by attachment or, if not attached, as incor�aorated by reference and described in the Table of Contents of the ProjecYs Co�tract L)ocumez�ts. 6. Drawings. 7. Addenda. 8. Documentatian submitted by Contractar prior to Notice of A�vaxd. �. The %llowing whicl� may be delivered or issued af�er the Effective Date of the Agreement and, if issued, beconxe an incorporated p�rt of tlie Conhact Dacu�x�ents; a. Notice to Proceed. b. Field Clyders. a Ckange 4rders. d. Letter af �ina1 Acceptance. CT'i'Y QF PORT WORTH Hulen Trails Phase 4 STANDAItD CaNSTRUCTIQN SPECIFICATInN DOCUMENTS DAP City Project # I03484 Rev7sed 7une 16, 2016 00 52 43 - 3 Developer Awazded Project Agreement Page 3 of 4 ATtia;le 6. IPd'liEI��TIF`��Ai'IQ1�T 6.1 �ontractar eo�venants and agrees to inde�nnify, ho�d k�artr�fl�s� and defendg at ifs own e��ense, t&e citgy, its off��:ers, servants az�d epnployeea, frma�t and against an;y and all �I�ams ar�siug o�at �f, or aliegec� fo aris� out of, the e�rark and sea•t�ices to be �erfarmed 1�y �l�e contractv�, its officers, agen�s, �mplo�ees, subcon�r�ctc�rs, 1"zcenses or invitees under this caaa@racf. 'd'his indemni�catian prmvisio�i is spec6�callv ie�te�ded to onerate and be effective even if it is alle�ed ar nroven that all or same of the dania�es bein� sau�ht weg•e saused, in whole or in nart bv anv act. onnissin� or ne�li�ence of the citv. �'his iaYdemnit�y provision is xutended to imclud+�, withaut limitation, indeannity #'or costs, e�penses ancl �egal fees incurrecd by the city in defencli�g against such claims and �a�ses of actaons. 6.2 �Umiractor cove�ants and agr�es io indetnt�iiy and hoflc� harraakess, at its own e�cpense, the city, rts co�cet•�, servants and en�ployaes, fron' ae�d against any antd al! Cass, damage or desteea�trom �f prop��ty of the ciiy, arising out of, ar a��g�d �a arase out oi, the w�rk a�d services t� fse per%r�ned by the coaat�aetar, its afiice�s, ageats, empioyees, subeontrac�ors, �ice�sees or invitees �ander this contr°act. T6is indemna�icateon n�oviszon is sneci�callv intended io onee•ate and be effective e�ven if it is alleged ar pt�oveaa that �11 or sot�ee of the dama�es t�ein� sou�i�t were ��used, in tivhole_or i'a t�art, bv any act, omission e�r �negli�ence of the cit�v. �.rtici� 7. �CEI.�.A�,TEi3175 7.1 Terms. Terms used in ttais Agreement are defined in Article 1 af the Staudard City Conditians of the Constructian Contract for Develaper Awarded 1'rojects. 7.2 Assignment of Contract. This Agreernent, including all o� the Contract Documents rnay not be assigned by tt�e Cont�actor withaut the advanced express written cansent of the Develaper. 7.3 Successors and Assigns. Devetoper and Contractor each binds itself, its partners, successors, assigns and legal representatives to the othar party hereto, in respect to all covenants, agreements and obligatians contained in the Contract Uocuments. 7.4 Severability. Any provision or part of the Contraci Dacuments hetd to be unconstitutional, void or unenforceable by a caurt of competent jurisdiction sha11 be deemed stricken, and all remaining pravisiozas shall continue ta be valid and binding upon D�,VELOPER and CONTRACTOTt. 7.5 Gaverning Law and Venue. This Agreement, including all of the Contract I?ocuments is performabte in the State of Texas. Venue shall be Tan�ani County, Texas, or the United States District Court for the Northern D'zstrict of Texas, Foi� Worth Division. CITY OF FQRT WQRTH Hulen TXails Phase 4 STANUARD CONSTRUCTTON SPECCFTCATION DOCUMENTS —DAP City Project #103484 Revised 7une 16, 2016 04/08/2022 04/08/2022 THIS ENDQRSEMENT CHANGES TH� POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDiT14NAL INSURED ENDORSEMENT — FORM A This endorsement madifies insurance pravicied under the foflowing: COMMERCIAL G�NERAL LIABILITY COVERAGE PART Policy Number Agency Number Policy Effecti�e Date I CPP2117851 6 21 21 Policy Expiration Da1e Date Account Num�er 6/21/z2 Named Insured Agency [ssuing Company � IBTX - LAS COLINAS AMERISURE INSURANCE Moss Utilities, LLC CONIPANY 1. a. SEC710N II - WHO 15 AN INSURED is amended to add as an additional insured any persan or organization whom you are required ta add as an additionaf ins�red on this policy under a written contract or writ#er� agreement relating to your business. b. The written coniract ar written agreement must: (1) Require additional insured statUs for atim� period during the term of this palicy; and (2) B� executed prior to the "bodily injury", "praperty damage", or "personal a�d advertising injury" leading ta a claim under this palicy. c. If, however: (1) "Your work" began under a let#er af intent or work order; and (2} ThE letter of intent or work order led to a written contract or written agreement within 3a days of beginning such work; and (3} Your custamer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance pra�ided under this endorsement is limited as follows: a. That person or arganization is an additionaE insured only with res�ect to liability caused, in whole ar in part, by: (1) Premises yau: Ca) ��; (b} Rent; (c) �ease; or (d} Occupy; {2) Ongoing operations perfarmed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or "property damage" accurring after: {�) All work to be performed by yau or on your behalf for the additional insured(s) at the site of the covered operatians is camplete, 9ncluding related materials, parts ar equipment (ather than service, maintenance or repairs); or {b) That portion af "your work" out af which #he injury or damage arises is put to its intended use by any person or arganiza#ion other ihan anoiher contractor working for a principal as a part of the same project. Includes copyrighted material of Insurance Senrices Office, Inc. CG 70 851015 Pages 1 of 3 {3) Completed operations co�erage, but only if: {a) The written contract or written agreement requires completed operaiions co�erage or "your work" coverage;and (b) This coverage part provides coverage for "badily injury" or "property damagc�" included within the "products-completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permiited by law. b. If the written contraci or written agreement: (1) Requires "arising out of" language; or {2) Requires you ta provide additiona[ insur�d coverage #o ihat person or arganization by the use of either or both of ihe #ollawing: (a) Additional Insured —Owners, Lessees or Caniractors—Scheduled Person Or Organiza#ion endorsement CG 20 10 10 01; or (b) Additional Insured —Owners, Lessees or Con#ractars— Campleted Operations endorsement CG 20 371DQ1; then the phrasa "caused, in whole or in part, by" i� paragraph 2.8. above is replaced by "arising aut of". C. If the written contract or written agreement requires you to provide additional insured coverage to that person or organization by the use of: (1) Addifiional lnsured -� Owners, Lessees or Cantractars — Scheduleci Persan Or Organizarion endorsemen# CG 20 10 a7 04 or CG 20 10 0� 13; or (2) Additional Insured — Owners, Lessees or Contractors -- Completed O�erations endorsernent CG 2Q 37 07 04 or CG 2a 37 0413; ar (3) Both those �ndarsements with either of those edition dates; ar (4} Eitheror both af the fallnwing: (a} Additianal ins�red --Owners, l.essees or Contractors — Sc�eduled Person Or Organization endorsement CG 20 70 wi#hout an edition date specified; or (b) Additional Insured —Owners, Lessees ar Contrac#ors —Completed �perations endorsement CG 20 37 withaut an edition date specified; then paragraph 2.a. above applies. d. Pr�mises, as res�ects paragraph 2.a.(1) above, include cammon or public areas about such premises if so required in the written contract or written agreerr�ent. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1 }(c) above does not exter�d beyand the end of a premises lease or rental agreement. #. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; ar (3) Declarations of this policy. The limi#s of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. g. The insurance pro�ided ta the additional insured does nat apply to "bodily injury", "property damage", or "personal and adver�ising injury" arising out of an architect's, engineer's, or surveyor's rendering of, ar failure to render, any professional services, including but not limited to: {1) The preparing, approving, or fai�ing to prepare ar appro�e: {�) Maps; {b) Drawings; (C) Opinions; Includes capyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 85 � 015 (d) Reports; (e} Surveys; (f) Change orders; (g) Design spe:cifications; and (2} Supervisory, inspection, or engineering services. h. SECTION IV — COMMERCIAL GENERAL I.IAB1LiTY CONDITIONS, paragraph 4, Other lnsurance is deleted and replaced with the following: 4. Otherinsurance. Coverage provided by this endorsement is excess over any ather valid and collectible insurance availabls to the additional insured whether: a. Primary; b. �ccess; C. Cantingent; or d. On any other basis; but if the written contract or written agre�ment requires primary and nan-contributory coverage, this insurance wi[! be primary and non-contributory relati�e to other insurance a�ailable to the addiiional insured which covers that persan or organization as a Named Insured, and we will not share with that other insurance. i. If the written contract or written agreement as outlined above requires additianal insured status by use of CG 20 10 � 1 85, then the co�erage provided under this CG 70 85 endorsemeni does not apply except for paragraph 2.h. Other Insurance, Additional insured status is [imited to #hat pro�ided by CG 20 10 11 85 shown below and paragraph 2.h. Other InSuranCe shown abo�e. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endors�ment madifies insurance pra�ided under the following: COMM�RCIAL GEN�RAL LIABIL[iYCOVERAGE PART. SCHEDiJLE Name of Person or Organi�at�on: Blanket where required by written contract or written agreement that the terms of CG 241 D i 1 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endarsement.) WHO IS AN WSURED (Section I�) is amended to include as an insured the person or o�ganization shqwn in the Schedule, but only with respect to liability arising ovt of "your work" for that insured by or far you. CG 20'1011 $S Co�yright, Insurance Services Office, Inc., i984 j. 7he insurance provided by this endorsement daes not apply to any premises or work for which the persan ar organization is specifically listed as an additianal insured on another endorsemen# a#tached to ihis �olicy. �ncludes copyrighted material of lnsu�ance Services Office, Enc. CG 70 851 Q 15 Pages 3 of 3 � Insured: Mpss Utilities, LLC Policy #CA2117850 TH1S ENDQRS�MENT CHANG�S THE POLIGY. PiEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMN1ERClAL AUT�MOBILE BROAD FORM END4RSEMENT This endorsement modifies insurance provid�d underihe BUSIN�SSAUTO COVERAGEFORM With respect ta co�erage pro�ided bythis endorsement, the pro�isions of the Coverage Form appfy unless modified bythe endorsement. The premium for this endorsement is $ BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, A.1. Who Is An Insured is amended by the adcEition of the folfowing: d. Any organization you newly acquire ar form, ather than a partnership, joint �enture or limited liability company, and a�er which you maintain ownership or a majority interest, will qualify as a Named Insured. Howe�er, (1) Co�erage underthis provision is afforded only until the end of the policy period; (2) Coverage cEoes not apply to "accidents" or "loss" that occurred before yau acquired or formed the organization; and (S) Coverage does not apply to an organization that is an "insured" under any o#her policy or would b� an "insured" bui for its termination or the exhausting of its limit of in5urance. e, Any "employee" of yours using: (1) A covered "auto" you do not own, hire or barrow, or a covered "auto" not owned by the "employ�e" or a member of his ar her household, while performing duties related to the conduct of your business or your personal affairs; or (2) An "auto" hired or rented under a contract or agreement in that "empEoyee's" name, wi#h your permission, while perforrning dutiss related to th� conduct of your business. However, yaur "employee" does nat qualify as an insured under this paragraph (2) while using a covered "auto" rented from you ar from any member of the "employee's" household. f. Your members, i# you are a limited liabilitycompany, while using a cavered "auto" you do not own, hire or borrow and while performing duties related to the conduct af your business or your personai affairs. g. Any person or orga�ization with whom you agree in a wriiten contract, written agreement or permit, to provide insurance such as is afforded under this policy, but anly wi#h respect to your cavered "autos". This pro�ision does not apply: (1) Unless the written contract ar agreement is executed or the permit is issu�d prior to the "bodily injury" or "proper�y damage"; (2) To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any lessor of "autos" unless: (a) ihe lease agreement requires you to provide direct prirnary insurance for the lessor; (b) The "auio° is leased without a cEri�er; and Includes copyrighted material of Insurance Services Office, Inc. CA 71 1811 09 Pag� 1 of 5 (c) Th� lease had not expired. Leased "autos" covered under this provision will E�e cansidered covered "autas° you own and not cavered "autos" you hir�, h. Any legapy incorporated organization or subsidiary in which you awn more than 50% v# the voting stock on the eifecti�e da#e of this endorsement. T#�is pro�ision does not apply to "bodily injury" or "property damage" for which an "insured" is also an insured under any other automabile policy or would be an instared under such a policy, but for �ts termination or the exhaustion of iis limits o# insurance, unless such policy was written to apply specifically in excess af this policy. 2. COV�RAGE EXTENSIONS-SUPPLEM�NTARY PAYMENTS LJnder Seciion II- LIABILITY COVERAGE, A.2.a. Supplementary Payments, paragraphs (2) and (4) are deleted and replac�d as #oilaws: (2) U� to $2,500 far the cost vf bail bonds (including bonds for related traffic law �ialations) required because vf an "accident" we cover. We da not have to furnish these bonds. (4) All reasonable expenses incurred bythe "insured" at our request, includi�g actual loss of earnings up io $500 a day because af time off fram work. 3. AMENDED FELLOW EMP�QYEE EXCI�US�ON Ur�der S�C710N 11- LIABI�.ITY COVERAGE, B. EXCLUSIONS, paragraph 5. Fellow Employee is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out pf and i� the course of the fellow "employee's" employrrrent or while performing duties related to the conduct of your business. Haw�ver, this exclusion does not apply to your "emplayees" that are officers, managers, supervisors or above. Coverage is excess over any other collectible insurance. i7. The spouse, chilcl, parent, brother or sister of thai fellow "employee" as a consequ�nce of paragraph a. above. 4. HIRED AUTO PHYSfCAL DAMAGE COV�RAGE AND LOSS O� U5E EXPENSE A. Under S�CTION IIl - PHYSICAl. DAMAGE COVERAGE, A. COVERAGE, the following is added: If any of your owned covered "autos" are co�ered for Physical Damage, we will pro�ide Physical Damage coverage to "autos" #hat yau or your "employ�e�s" hire or borrow, under your name or the "employee's" narr�e, for the purpose of doing your work. We will provide coverage equal to the broadest physical damage cov�rage appl�cable to any covered "auto" shown in the beclarations, Item Three, Sched�le of Covered Autos You Own, or on any endorsements amending this schedule. B. Elnder SECTION III - PIiYSICAL DAMAGE COV�RAGE, A.4. Coverage Extensions. paragrapn b. Loss Of E1se Expenses is de[eted and replaced with the following: b. Loss 4f Use Expenses For Hired Auto Physica] Damage, we will pay �xp�nses for which an "insured" becomes legafly responsible to payfor loss of use oi a vehicle rented or hired without a driver, under a written rental contract or agreerrtent. We wili pay for loss of use expenses if caused by: (1 } Other than collision, only if the Declarations indicate that Comprehensi�e Coverage is pravided for any co�ered "auto"; Incfudes copyrighted mat�rial of Insurance Services Office, Inc. Page 2 oi 5 CA 71 �811 09 (2) Specified Causes of Loss, anly if th� Declarations indicate that Specified Causes Of Loss Coverage is provided for any co�ered "auto"; or (3) Collision, only if the Declarations indicat� that Collisian Coverage is pra�ided for any covered "auto". Fiawe�er, the most we will pay for any expenses for lass of use is $30 per day, to a maximum of $2,0�0. C. Under S�CTION 1V— BUSiNE55AUT0 CONDITIONS, B, General Conditions, 5. Other insurance, paragraph b. is re�laced bythe following: b. Far Hired Auto Physical Damage, the foliowing are deemed to b� co�ered "autas" you own: Any covered "auto" you lease, hire, rent or borrow; and 2. Any co�ered "auto" hired or rented by your "emplayees" under a contract in that ir�dividual "employee's" name, with your permission, while performing duti�s re[ated to the canduct of your business. However, any "auto" that is leased, hired, rented or borrawed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "err�ployees", partners (if you are a partnership), members (if you are a�imit�d liability company}, or members of their househalds_ 5. I.DAN OR LEASE GAP COVERAGE Under SECi14N [[I — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the follflwing is added: If a co�ered "auto" is owned or leased and if we pro�ide Physical Damage Coverage on it, we wil[ pay, in the event af a cfl�ered iotal "loss", any unpaid amount due on the lease ar loan for a covered "auto", less: (a) The amaunt paid under the Physical Damage Section of the policy; and: (b) Any: (1) Overdue lease or laan payments including penalties, interest or other charges resulting from overdue payments at the time of the "lass"; (2} Financial penalties imposed u�der a lease for excessive use, abnormal wear and tear or high mileage; (3} Costs for extended warranii�s, Credit Life Insurance, Health, Accident ar Disability Insurance purchased with the loan or lease; (4} Security deposits not refunded by a lessor; and (5) Carry-over balances from pre�ious loans ar leases. 6. RENTAL R�IMBURSEMENT Under SEC710N III - PHYSICAL DAMAGE COVERAGE, AA. Co�erage Extensions, paragraph a. 7rans�ortation Expenses is deleted and replaced bythe faqowing: a. iransportation Expenses (1} We will pay up to $75 per day to a maximum ofi $2,000 for transpor�ation expense incurred by you because of covered "loss". We will pay only for thosa covered "autos" for which you carry Coffision Coverage or either Comprehensi�e Co�erage or 5pecifed Causes af Loss Coverage. We wii! pay for transportaiion expenses incurred during the �eriad beginning 24 hours after the co�sred "loss" and ending, regardless of the policy's expiratian, when ihe cavered "auta" is returned tfl use or we pay for its "loss". This coverage is in addition to the otherwise appGcable coverage you ha�e on a covered "auta". No deductibles apply to this coverage. Includes copyrighted rnateria� of fnsurance Ser�ices Office, Inc. CA 71 18 71 09 Page 3 of 5 (2) This coverage does not apply while there is a spare or reserve "auto° available to you for your operation. 7. AIRBAG COVERAG� Under SECTIQN III - PHYS[CAL DAMAGE, B. EXCLUSIONS, paragraph 3, is deleted and replaced bythe following: 3. We will not pay for "loss" caused by ar resulting from any of the following unless caused byother "loss" that is covered bytF�is insurance: {1) Wear and tear, freezing, mechanical or efectrical breakdown. Howe�er, this exclusion does nat include the discharge of an airbag. (2) Biowouts, punctures or other road damage to tires. 8. GLASS REPAIR—WAIVEROF p�DUCTIBL� Se�tion IIE — PHY5ICAL DAMAGE COVERAGE, D. Deductible is arr�ended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 9. COLLIS[ON COV�RAGE— WAIVER OF DEDUCTIBLE Under 5ection III - PHYSiCAL DAMAGE COVERAG�, i7. DeduCtibl� is amended to add the fol�awing: Whan there is a loss to your co�ered "a�to" insured for Callision Coverage, no d�ductible wilf apply if fhe foss was caused by a coflision with anoth�r "auto" insured by us. 10. KNOWLE�GE OF ACCIDENT Under SECTION 1V - BUSINESS AUTO CONpITIONS, A. Loss Conditions, 2. Duties In The Event Of AcCident, Claim, Suit Or Loss, paragraph �. is deleted and replaced bythe following: a. You must see ta it thatwe are notified as saon as practicable of an "accident", claim, "suit" or "loss". Knowledge of an "accident", claim, "suit" or'"ioss" by yaur "employees" shall not, in itself, constiiute knowledge ta you unless one of your par�ners, executive officers, directors, managers, or memhers (if you are a limit�d liability company) has knowledge of the "accider�t", claim, "suit" or "foss". Notice should inclucle: [1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address, and (3) Ta the extent possible, the names and addresses of any injured persons and witr�esses. 11. TRANS�ER O� RIGHTS (BLANKET WANER OF SUBROGATION) Under SECTION IV - BUSINESS AUTO CONpITIONS, A. Lass Conditions paragraph 5. Tr�nsfer Qf Rights Qf Recovery Against Others To Us is de]eted and replaced by the following: 5. Transfer Of Rights Of Reco�ery Against Others Tp Us Ifi any persan or organization to or for w�om we� make payment under this Coverage Form has rights to reco�er damages �rom another, those rights are transferred ta us. i'hat person ar arganization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, if the "insured" has waived rig�ts to recover through a written contract, or if your work was commenced under a let#er af intent or work ord�r, subject to a subsequent reduction in writing with customers whase customary cantrac#s require a waiver, we waive any right of reco�ery we may ha�e under this Co�erage Form. Includes copyrighted material of Insurance Services Office, ]nc. Page 4 of 5 CA 71 1811 09 12. UNINTENiiONAI. FAElURE TO DISCLOSE HAZAR�S Llnder SECT[ON IV - BUSINESS AlJTO CONOITIONS , B. General Conditions , paragra�h 2. Concealment, MisrepreSentation Or Fraud is amended by the addition of the fiollowing: We will not deny coverage under this Caverage �orm if you uninten#ionally fail to disclose all hazards existing as a� the inception date of this policy. You must repor� to us any knowledge of an error or omission in yaur representations as soan as practicab[e after its discovery. This pra�isian daes not affec# our right to collect add9tional prem9um or exercise our rigY�t of cancellation or non-renewal. �3. BLANKEi' CQVERAGE FOR CERTAIN O�ERATiONS IN CONN�CTION WITH RAILROADS When required �y written contract or written agreement, the definitian of "insured contract" is amended as foElows: — The exception contained in paragraph H.3. relating to construction or demolition operations on or within 50 feet of a railroad; and — Paragraph H.a, are deleted with respect to the use of a cavered "auto" in operations for, or affecting, a railraad. Includes copyrighted mat�rial of Insurance 5ervices Ofifice, Inc. CA 71 1811 09 Page 5 of 5 Insured: Moss Utilities, LLC Policy # PPK2357042 PIC-�VCP-001 (7117) contamination on, a#, under or migrating beyond the legal boundaries of your insured location, pro�ided that: 1. Such contamination first comrnences during the policy period; 2. Such contaminafion ceases fully within ten (10} days of its camrr�encement; and 3, The loss ar remediation expense is the result ofi: (i) a claim for badily injury, property damage ar environmental damage that is first made against fihe insured and repprted to us during the policy periad, or as expressly pro�ided for in the extend�d r�porting period, if ap�licable; or (ii) contamination that caused the insured to incur emergency expense during the policy periad. E. fmage Restoration Coverage We will reirr�burse you for ima�e reskora#ion expenses incurred because of contamination or an actual or alleged negligent act, error or omission in the perfarmance of your professional services reported to us during the policy period or as expressly provided far in the ex#e�ded reporting period, if applicable, and that results in bodily injury, proper�y damage, or environmental damage cavered under Insuring Agreements I, A., B., C. or D., as applicable. Reimbursement is limited to the costs of restoring your reputation and consumer canfidence through image consulfing, is subject to the self-insured retention for the applicable coverage part, and will in na e�ent exceed the amo�ant shown in ITEM 5.- E. in the Declarafions. II. DEFINITIONS A. Additional insured means: 9. Any individual, organization or entity scheduled to this policy as an additional insured by an endorsement, but sole[y for their liabifity specified in such endorsement; or 2. Solely with regarcE to Co�erage B. — Contracting Operations Environmental Liability, any enfity required to be an additional insured under this policy in a written contract or agreement for your contracting operations, provided that such contract or agreement was fully executed prior to the date that yaur contracting operations first comrrienced. Howe�er such entiti�s are included as an additior�al insured under this policy solely to the extent: a. That the enti#y is liable for loss or remediation expense to wf�ich this insurance applies as a result of your contracting operations performed 6y or on behalf of an insured other than the entity; and b. Up to and nat exceeding any specified limits of insurance as required by the writien contract with you or subject to the applicable Coverage B. Cantracting Operations Environmental Liability Co�erage Limit of Insurance, whichever is less. The entity is not pra�ided any co�erage under this policy for any portion of its own negligence or legal liability. B. Bodify injury means: 1. Physical injury, sickness or disease including associated medical or en�ironmental manitoring; and 2. Mental anguEsh, emotional distress or shock sustained by any person; Page 3 of 27 �O 2017 PhiladeIphia Consolidated Holding Corp. Insured: Moss Utilities, LLC Policy # CPP2117851 THIS ENDORSEMENT C�iANGES THE POLICY. PLEASE READ IT CARE�'Ui.LY. TEXAS CONTRACTQR'S GENERAL LIABILITY EXTENSION ENDQRSEMENT �'ABLE OF CONTENTS Pa e 1. Adciitional Definitions 9 2. A re ate Limits Per Location 7 3. A re at� Limits Per Pro'Ect 6 4. Bfanke# Contractual Liabilit — Railroads 3 5. Broadened Bodil In�u Co�era e 10 6. Broadened Knowled e Of Occurrence $ 7. Broadened Le al Liabilit Covera e For Landlord's Business Personal Pro ert 7 8. Broadened Liabilit Covera e For Dama e To Your Product And Your Wprk 1 � 9. Broadened Who Is An Insured 3 10. Ca-Empfoyee Bodily lnjury Caverage for Managers, Supervisors, Directors or Officers 4 see rovision 9, Braadened Who Is An Insured, ara ra h 2.a. � 11. Cantractual Liabilit — Personal And Advertisin In�ur 3 � 2. Dama e To Premises Rented To You -- S ecific Perils and Increased Limit 7 13. Desi nated Com feted Pro'ects — Amended Limits of Insurance 11 14. Extended Notice Of Cancellatian And Nonrenewal 8 15. Incidental Mal ractice Lia�ilit 6 16. Increased Medical Payments Limit 7 17. Mobile E ui ment Redefined 9 18. Nonowned Watercraft 3 19. Product Recal[ Ex ense 2 20. Pro ert Dama e Liabilit — Alienated Premises 2 21. Pro er� Dama e Lfaf�ilit — Elevators And Sidetrack A reements 2 22. Pr��erty Damage Liability — Property Loaned To The InSured Or Personal Prpperty In The Care, 2 Custod And Control Of The Insured 23. Reasonable Force — Bodil In"ur ar Pro ert Dama e 10 24. Su [ementa Pa menis 3 25. Transfer Of Ri hts Blanket Waiver Of Subro ation 8 26. Unintentional Failure To Disclose Hazards 8 Includes copyrighted materiaf of Insurance Services Office, Inc. CG 70 63 0417 Page 1 of 11 This endorsement modifies insurance provided under the following: COMMERCIAL G�N�RA� LIABILI7Y COVERAGE FORM Under SECTION I— COVERAGE A. BO�ILY INJURY AND PROPE�RTY DAMAGE� LIABILITY, paragra�h 2. EXCLUSIONS, provisions i. through 6. of this endorsement are excess over any �alid ancf callectible insurance (including any deductible) a�ailable to the insured, whether primary, excess or contingent (SECTION 1V — COMM�RCIAL GENERAL. LIABIL.ITY CONDITIONS, paragraph 4. Qt�er InSuranCe is changed accord3ngly). Provisions '!. tnrough 6. of this endorsement amend the policy as follows: 1. PR4PERTY DAMAGE LIABILITY - ALIENATED PREMISES A. Exclusion j. Damag� to Prope�'ty, subparagraph (2) is delet�d. B. The following paragraph is dele�ted from Exclusion �. Damage ta Property; Paragraph (2) af this exclusion daes no# apply if ti�e premis�s are "your wor�c" and were never occ�pied, rented or helc! for rental by you. 2. PROPER7Y DAMAGE LIABILITY - ELEVATORS AND SIDETRACK AGREEMENTS A. �xclusion j. Damage to Property, paragraphs (3}, (4), and (fi) do not apply to the use of elevators. B. Exclusion k. Damag� to Your Product da�s nat apply to: The €�se of e[e�ators; ar 2. Liability assumed under a sidetrack agreeme�t. 3. PROPERTY QAMAGE LIABILITY - RROPERTY LOANED 70 7HE INSURED OR PERSONAI. PROPERTY IN THE CARE, CUSTODY ANI3 CONTRO� OF THE INSUR�D A. �xclusion j. Dam�ge to Property, paragraphs (3) and {4) are deleted.. B. Coverage under this pravision 3. does not appiy to "pro�erty damage" ihat exceeds $25,000 per occurrence or $25,000 annual aggregate. 4. PRODUCT R�CALL EXP�NSE A. Exclusion n. Recall of Products, Work ar Impaired Property does not apply to "product recall expenses" thai you incur for the "cavered recall" af "your product". This exception to the exclusion does not apply to "product recall expenses" resulting from: 1, Failure of any producis to accomp[ish their intended purpase; 2. Breach of warranties of fitn�ss, quafity, durabilEty ar performance; 3. Lass o# customer approval or any cost incurred to r�gain c�stomer appro�al; 4. Redistribu#ion or repiacement of "your product", which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely io cause fass, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting fram asb�stos or as�estos containing mat�rials; 8. Recall o# "your product(s)" that ha�e no known or sus�ected defect solely because a known ar suspected defect in another of "your product(5)" ha5 bean fqund. B. Under SECTION III — LlMITS OF INSURANCE, paragraph 3, is replaced in its entirety as follows and paragraph 8. is added: 3. The Praducts-Completed Operations Aggregate Limit is the most we will pay for the sum of: ]ncludes copyrighied material of Insurance Services Office, 1nc. �age 2 ofi 11 CG 70 63 0417 a. Damages under COVERAGE A BQDILY INJURY AND PROPERTY DAMAGE LIABILITY because of "bodily injury" and "property damage" includ�d in the "products-completed operations hazard" and b, "Product recall expenses". S. Subject to paragraph 5. abo�e [of ihe CGL Coverage Form], $25,OOQ is the most we will pay for all "produci recall expenses" arising aut of the sarne cEefect or deficiency. 5. NONOWNED WATERCRAFT Exclusion g. Aircraft, Auto nr Watercraft, paragraph {2) is deleted and replaced with the following: [This exclusion does not apply to:] (2) A watercrait you da not own that is: (a) Less than 75 feet long; and (b) Not being used io carry any person or property for a charge; 6. BLANKET CONTRACTUAL LIABILITY — RA�LROA[lS Under SECTION V— DEFINITIONS, paragraph c. af "Insured Contract" is deleted and replaced by the followir�g: C. Any easement ar license agreement; lJnder S�CTION V— DEFINITIONS, paragraph fi.(1 j of "Insured ContracY' is deleted. 7. CONTRACTUAL LIA8ILITY — P�RSONAL AND AdVERT15lNG INJURY l�nder SECTION I— COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 8. SUPPLEMENTARY PAYMENTS Uncler SECTiQN I— SUPPLEMENTARY PAYM�N7S — COVERAGES A AND B, paragraph i.b. is deleted and replaced with the following: 1. b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law �iolations arising out of the use of any vehicle ta whic� the Bodily lnjury Liabili#y Coverage applies. We do nat have to furnish these bor�ds. 9. BROADENED WHO IS AN INSURED SECTION II — WHO IS AN INSURED is deleted and replaced with the followir�g: 1. [f yau are designated in the Declaraiions as: a. An indi�idual, you and your spouse are insureds, bui only with respect to the canduct of a business a� which you are the sole owner. b. A partnership or joint venture, yau are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A f[rnited liability company, you are an insured. Yaur members are also insureds, but only with respect to ihe conduct of your business. Your managers are insureds, but only with respect to their duties as your rnanagers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "�xecutive officers" and directors are insurecEs, bui only with resp�ct to their dutias as ya�r officers ar directors. Your stockholders are also insureds, bui only with r�spect to their liability as stockholders. Includes copyrighted material of Insurance Services Office, Inc. CG 7U 63 0417 Page 3 0# 11 2. Each of the following is also an insured: a, Your "�olunteer workers" anly while performing duties related to the conduci of your business, or your "employees," other than either your "executive officers," (if you are an arganization o#her than a partnership, joint venture ar limited liabi{ity company) or your managers {i� you are a�imited liabifity company}, but only far ac#s within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "�olunteer workers" are insured for: (1) "Bvdi�y injury" or "personal and ad�ertising injury": (a) To you, to yo�r partners or members (if yau are a partnership or join# �enture), to yaur members (if you are a limited liability company), to a co-"empEoyee" whil� in the course of his or her employment or performing duties relatec[ ta the conduci of your business, or to yaur other "volunteer workers" while per�orming duties related ta the conduct of yaur business; (b) io the spouse, child, parer�t, brother or sister of that co-"employee" or �olunteer worker as a consequence of paragraph ('�)(a) above; (C} For which there is any obligation to share damages with or repay someone else who must pay damages because af the injury described in paragraphs (1)(a) or {f�) abo�e; or (d) Arising out of h9s or her pro�iding or failing to provide professional health care services except as provided in Provision 10. af this endorsement. Paragraphs (1)(a), {i}(b) and {i)(c) above do nat apply to your "employees° who are: (i) Managers; {ii) Supervisors; (111) birectors; or (1V) Offiicers; with respect to "bodily injury" to a co-"ernployee". (2) "Property damage" to property: (a} Ownad, occupied or used by; (b) Rented to, in ihe care, custody ar control of, or over which physical cantrol is being exercised for any purpose by you, any af your "employees," "valunteer workers", any partner or member (if you are a partnership or joint �enture), or any member (if you are a lir�ited liability company). b. Any person (other than your "employee" or "volunteer worker"}, or any organization while acting as your rea[ estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only; (1 } With respect to liability arising out of the maintenance or u5e of that property; and (2) Until your legal representative has f�een appointed. d. Your [egal representative if you die, but anly with respect to duties as such. Yhat representative will have all yaur rights and du#ies �nder this Caverage Form. e. Your subsidiaries if: {1) They are legally incorporated entities; and (2) You own more than 5D% o# the voting stock in such subsidiaries as of the effective date of this policy. If sUch subsidiaries are not shown in the Declara#ions, you must repart them to us wi#hin 180 days of the inception of your original policy. Includ�s capyrighted material of Insurance Services Office, Inc. Page 4 of 11 CG 70 63 0417 f. Any persan ar organization, including any manager, awner, lessor, mortgagee, assignee or recei�er of premises, to whorn you are obligated under a written contract to provide insurance such as is afforded by this poficy, but only with respect ta liability arising out af the ownership, maintenance or use of that part of any premises ar land leased to you, including camman or public areas abo�t such premises or land if so required in the contract. Wowe�er, no such per5on or organization is an insured with respect to: (1) Any "accurrence" that takes place after you cease #o occupy or lease that premises or land; or (2) Structural alterations, new construction or demolition o�erations performed by or on behalf of such person or arganization. g. Any state or political subdi�ision but only as respects legal liability incurred by ihe state or political subdivision sole[y because it has issued a permit with respect to operations performed by you or on your behalf. Hawe�er, no state or political subdivision is an insured with respect to: (1) "Bodi[y injury", "properiy damage", "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bad91y injury" or "proper�y damage" included within the "products-completed o�e�aiions hazard." fi. Any person or organization who is the lessar of equipment leased fio yo�, to whom you are obligated under a written contraci to provide insurance such as is afforded by this policy, but only with respect ta ti�eir liability arising out of the maintenance, operation or use af such equipment by you or a subcontrac#or an your behalf with your permission and under yaur supervision. However, if you have enterecE into a cons#ruction contract subject to 5ubchapter C of Chapter 151 of Sub#itle C of Title 2 of the Texas Insurance Code with the aciditional insured, the insurance afforded to such person(s} or organization(s} only applies to the extent permitted by Subcnapter C af Chapier 151 of 5ubtitle C af Title 2 of the 7exas Insurance Code. No such persor� or arganization, how�ver, is an insured with respect to any "occurrence" that takes place aftar the equipment lease expires. i. Any architect, engineer, or surveyor er�gaged by yau �nder a written contract bu# only with respect to [iability arising aut of your premises ar "your work." Howe�er, if yota ha�e �ntered into a construction contract subject to Subchapter C of Chapter 151 of 5ubtitle C of Title 2 of the Texas InsUrance Code with the additiona! insured, the insurance afforded ta such person only applies to the exten# permitted by Subchapter C of the Chapter 151 of Subtitle C of Title 2 of �he Texas Insurance Code. No architeci, engir�eer, or surveyor, however, is an insured with respeci to "bodily injury," "properCy damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for yau, including: (1} The preparing, a�pro�ing, ar failing to prepare or appra�e maps, drawings, apinions, reparts, sur�eys, change orders, designs or specifications; or (2} Supervisory, inspection, or engineering services. This paragraph i. does not apply if a separate Additiona! Insured endorsement providing liability coverage for architects, engineers, or surveyors engaged by you is attachecE to the policy. Ifi the written contract ar writt�:n agreement requires primary and non-contributory ca�erage, the insurance �ro�ided by paragraphs #. througY� i. above will be primary and non-contributory refati�e to other insurance available to the additional insured which covers that person or organ9zatian as a Named [nsured, and we will not share with that other insurance. 3. Any arganizatian you newly acquire or form, ather than a parknership, joint venture or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named Insurec� if there is no otF�er similar insurance availabl� ta that organization. Howe�er: a. Caverage under this pro�ision is afforded only unti{ #he end of the policy p�riod; b. Co�erage A does not ap�ly to "bvdily injury" or "property damage" #hat occurred before you acquired or formed the organization; Includes copyrighted material of Insurance Ser�ices Office, Inc. CG 70 63 04 � 7 Page 5 of 11 C. Coverage B does not apply ta "persanal and ad�ertising injury" arising out of an offense committed before yau acquired or formed the organization. d. Co�erage A does not appfy to "product recall expense" arising out of any withdrawal or recall that occurred before yau acquired or formed the organization. 4. Any person or organization (referred to belvw as �endor) with whom you agreed under a written contract ta provide insurance is an insured, but anly with respect to "bodily injury" or "property damage" arisEng out ofi "your products" that are distributed or sold in the regular course af the �endar's business. However, na such person or organization is an insured with respect to: �. "Bodily injury" or "property damage" for which the �endor is obligated �o pay damages by reason of the assumptinn of liability in a contract or agreeme�t. This exclusion does not apply to liability for darnages that the �endor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; C. Any physica! or chemical change in "ypur product" made intentipnally hy #he vendor; d. Repackaging, except when unpacked solely far the purpose of inspection, demonstratian, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests ar servicing as the vendor has agreed to make or normalfy undertakes to make in the usual course af business, in connection with the distributian or sale of "your products"; f. R�monstration, instalEation, servicing or repair operatians> except such operatians performed at the �endor's premises in connection with the sale af the "your product"; g. "Your products" which, after distribution or sale by you, have i��en labeled or relab�led or used as a container, part or ingredient of any other thing or substance by or far the v�ndor. h. "Bodily injury° or "pro�erty damage" arising out af #he sole negligence of the vendor for its own acts ar omissions or those af its employees or anyone else acting on its behalf. Hawever, this exciusion does not apply to: (i) The exceptions contain�d in subparagraphs d. or f.; or (2) SucF� inspectians, adjustments, t�sts or servicing as the vendor has agreed to make or narmally underiakes to make in the u5ual course of business, in connection with the distribution or sale of the produc#s. This paragraph A�. does not apply #o any insured person or arganizatian from which you have acquired "your praducts", or any ingredient, part, ar container, entering into, accompanying or con#aining "yaur products". 7his �aragra�h 4. also does not apply if a separate Additional Insured endorsement, pro�iding liability coverage for "badily injury" or "property damage" arising out of "your product" that is distri�uted or so�d in the regular course of a vendar's business, is attached to the policy. iVo person or organization is an insured with respect to the canduct of any current or past partnership, jaint �enfure or ]imited liability company that is r�ot shawn as a Named Insured in the Declarations. 10. INCIDENTAL MALPRACTICE LIABILI7Y As respects pro�ision 9., SECTION II — WHO IS AN INSUR�D, paragraph 2,a,(1)(d} does nat apply ta any nurse, emergency medical technician or paramedic emp[oyed by you �o provide� m�dica] or param�dical ser�ices, pro�ided that yau are not engaged in the business or occupation of praviding suc� services, and your "employee" does not ha�e ar�y ather insurance that would also co�er claims arising under this provision, whether the other insurance is �rimary, excess, contingent or on any other basis. LJnder SECTION III — LIMITS OF INSURANCE„ provisians 11. through 14. of this endorsement am�nd the policy as follows: 11. AGGREGATE LIMITS P�R PROJ�C'� The General Aggregate Limit applies separately to each of yaur construction projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Ser�ices O�fice, Inc. Page 6 of 11 CG 70 63 a417 12. AGGREGATE LIMiTS PER LOCA'TION The General Aggregate L.imit applies se�arately ta each of your locations, but only when required by written contract or written agreement. As respects this provision 12., your locatians are premises you own, rent or use involving the same or connecting lots ar premises whose connectian is interrupted only by a str�et, roadway, waterway or right-of-way of a railroad. However, your locafians do not include any premises where you, or others acting on yaur behalf, are performing constructian operations. 13. INCREASED M�DICAL PAYMENTS LIMITS A. SECTION III — LIMITS �F INSURANCE, �aragraph 7., the Medical Expense Limit, is subject to all the terms of SECTIQN III — LIMITS OF fNSURANCE and is the greater of: 7. $1 D,ODD; or 2. The amount shown in the Declaratians far Medical Ex}�ense Limit. B. This provisian 13. daes not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Co�erage Form or by endorsement. 74. DAMAG� TO PREMISES RENTED TO YOU — SPECIFIC PERILS AND 1NCR�ASED LIMI7 A. The word fire is changed ta "specific perils" where it appears in: i. 7he las# paragraph of S�CTION I— COVERAGE A, paragraph 2. ExcluSions; 2. SECTION IV, parag�aph 4.h. ExC�55 1�1Sura1lCe. B. 7he L9mits of lnsurance shown in the Declarations will apply to all damage proximately caused by the sarne e�ent, whether such damage results fram a"specific peril" or any combination of "specific perils." C. The Damage To Premises Rented To You Limit cEescribed in SECTION I!I — LlMITS OF INSURANCE, paragraph 6., is replaced by a n�w limit, which is ihe greater of: 1. $1,0�O,OQ�; or 2. Th� amaunt shown in t�e Declaratians for Damage To Premises Rer�ted To You Limit. D. This provision 14. does not apply if the Damage To Premises Rent�d To You Limit of SECTION I— COVERAGE A is excluded either by the provisions of the Coverage Forrn or by entEorsement. E. "Specific Periis° means fire; lightning; explosion; wi�dstorm ar hail; smake; aircraft or v�hicles; riot or ci�il cammotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". "Water damage" means accidental discharge or leakage of water or stearn as #he direct result of the breaking ar cracking of any part of a system or appliance containing water ar s#eam. 15. �ROADENED LEGAL LIABILITY COVERAGE FOR LANDLORD'S BL1SIN�SS P�RS�NAL PR4PERTY l�nder SECTION I— COVERAGE A BODILY INJURY AND PROPERTY DAMAG� LIABILITY, 2. ExClusions, j. Darnage to Property, the first paragraph following paragraph (6} is deleted and replaced with the following: Paragraphs (1), (3) and (4) ofi this exclusion do not apply to "property damage° {other than damage by fire) to a landlord's business personal pro�aerty that is subject to, or part of, a premises lease or rental agreement with that landlord. The most we will pay far damages under this provision 15. is $10,000. A$250 deductible applies. Under SECTION IV — C4MMERCIAL G�N�RAL lIABILlTY CONDITIONS, provisians 16. thraugh 18. af this endorsem�r�t amend the policy as follaws: Includes copyrighted material of Insurance S�rvices Office, Inc. CG 70 63 fl417 Page 7 of f 1 16. BROADENED KNOWLEDGE OF OCCURRENC� Under 2. Quti�s In The E�ent Of Occur�'enCe, Offense, Claim, Or Suif, paragraph a. is defeted and replaced and paragraphs e. and f. are added a5 follaws: a. You rnust see to it that we are notified as saon as practicable of an "accurrence" or an offense, regardless of the amount, which may result in a claim. Knowledge af an "occurrence" or an offense by your "empEoyee(s)" sha!! not, in itself, constitute knowledge to you unless one of your partners, members, °executive officers," directors, or managers has knowledge of the 'bccurrence" ar affense. To the �xtent passible, natic� should include: {i) Haw, when and where the "occurrence" or offense toak place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. e. If you repnrt an "accurrence" ta your war€cers compensation carrier that de�elaps into a liability claim for which co�erage is provided by th[s Coverage Farm, failure ia report such an `bccurrence" io us at the time nf the `bccurrence° shall not be cfeemed a violation of paragraphs a., b., and c. abo�e. However, you shall gi�e written notice of this "occurrence" to us as soon you become aware that #his `bccurrence" may be a liabiiity claim rather than a workers carnpensat9on claim. f. You must see to it that the following are done in the event af an actual or anticipat�d "covered recall" that may result in "product recall expense°: ('[) Gi�e us prompt not�ce of any disco�ery or notificafiion that °your product" must be withdrawn or reca[[ed. lnclude a descripiion of "your product" and t�e reason for the withdrawal or recall; (2) Cease any further release, shipment, consignmeni ar any other method of distrifaution of like or similar products until it has been determined that all such products are free from defects ihat could be a cause of lass under the insurance. 17. UNINT�NTIONAL FAILURE TO D15CLOSE HAZARDS Paragraph fi. Representations is deleted and replaced with the following: 6. Representations By acc��ting this policy, you agree: a. The stat�ments in the Declarations are accurate and campl�t�; b. Those statements are based upon representations yau made ta us; and c. We ha�e issued this policy in reliance upon your representations. We will not d�ny coverage under this Coverage Form if you unintentionally fail to disclose all i�azards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be co�ered by this Coverage Form as saon as practicabl� after its disco�ery. However, this pro�isian does not affect our right to collect additional pr�rr�ium or exercise aur right af cancellation or nonrenewal. 18. TRANSF�R OF RIGHTS (BLANKET WAIV�R OF 5UBR4GAT'ION) Paragraph 8. Transf�r af Rigf�ts Of RecOvery Against Others To Us is defeted and replaced with the foElowing: 8. If the insured has rights ta recover a]] or part of any payment we have made u�cier this Caverage Forrn, those rights are transferred to us. ihe insured mus# do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer thase rights to us and help us enforce them. Nowever, i# the insured has wai�ed rights to recover through a written contract, ar if "your work" was commenced under a letter af intent or work order, subject to a subsequent reductian to writing with custort�ers whose customary contrac#s require a wai�er, we waive any right of reco�ery we may ha�e under this Coverage Form. 79. EXT�N�ED NOTlC� OF CANCELLATION ANQ NONRENEWAL Includes copyrighted material of lnsurance Ser�ices Office, Inc. Page 8 0# 11 CG 70 63 Q4 � 7 Paragraph 2.b. of A. Cancellation of the COMMON P0�lCY CONDIiIONS is deleted and replaced with the following: b. 6Q days before the effective date of the cancellation if we canceE far any ather reason. Under SECTEON IV — COMMERCIAL GENERAL LIABIL.ITY C�NDITIQNS, Paragraph 9. When We Do Not Renew is deleted and replaced with the foffowing: 9. When We Do Not Renew a. We may elect not to renew this policy except, that under the pro�isions of the iexas Insurance Code, w� may not refuse to renew this policy solsly because ihe policyhofder is an elected official. b. If we elect not to renew this policy, we may do sa by mailing ar delivering to the first Named lnsured, at the ]ast mailing address k�awn ta us, wriiten notice of nonrenewal, stating the reason for nonrenewal, at least 60 days before the expiration date. If notice is mailed or deli�ered less than 60 days t�efore the expiration date, this policy will remain in effect until the 61 st day afCer the date on which the notice is mailed or deli�ered. Earned premium for any p�riod of co�erage #hat extends beyond the expiration date will be computed pro rata based on the pre�iaus year's premium. c. If notice is mailed, proof of maifing will be sufificient proaf of notice. d. The transfer of a policyhoider between admitted compar�ies within the same insurance group is not considered a refusal to renew. 20. M�BII.E EQUIPMENT REDEFINED Under SECTION V-- DEFINITIONS, paragraph 12. "Mobila equipmer�t", paragraph f. (1) does not apply to se[f-propelled �ehicles af less than i,000 pounds grass vehicle weight #hat are not designed for highway use. 21. ADDI710NAL DEFINITIONS 1. SECTION V— DEFINITiONS, paragraph 4, "Coverage territory" is repfaced by the fo!]owing definitian: "Coverage territory" means anywhere in th� wor{d with respect to IiabiEity arising ou# of "bodily injury," "property damage," or "personal and ad�ertising injury," includi�g "persanal and advertising injury" offenses that take place through the Internet or simi[ar electronic means af communication pro�9ded the insured's responsibility to pay darnages is determjned in a settiement to which we agree or in a"suit" on the merits, in tha United States of America (including its territories and possessions), Puerto Rico and Canada. 2. S�CTION V— �EFIMTIQN$ i5 amended by the addition of the following definitions: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous cflndition in "your product" has result�d or will result in "bodily injury" or "property damage". "Product Recall expenses" mean only reasanab[e and nec�ssary extra costs, which result fram or are related to the recall or w�thdrawal of "your product" for: a. Telephone and telegraphic communication, radia ar te�evision announcements, computer time and newspaper advertising; b. Stationery, en�elopes, productian of announcements and postage or facsi�niles; C. Remuneration paid to regufar employees far necessary overtime ar authorized travel expense; d. Temporary hiring by you or by agents de5ignated by you of perspns, other than your regular emplayees, to perform necessary tasks; e. l�ental of necessary additional warehause or storage space; f. Packaging of or trans�ortation or shipping of defective products to the location you designate; and g. Disposal of "your products" that cannot be reused. Dispasal expenses do not include: (1) Expenses that exceed the original cast of the materials incurred to manufactur� or process such praduct; and Includes copyrighted material af Insurance Ser►rices Office, Inc. CG 7fl 63 0417 Page 9 of 11 (2) Expenses that exceed the cost of normal trash discarding or dis�osal, except as are necessary to a�oid "bndily injury" or "property damage°. 22. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE Under SECi"ION I— COVERAGE A., paragraph 2. Exclusians, subparagraph a. Expected Or �ntended lnjury is deleted and replaced with the following: [This insurance daes not apply to:] a. �xpected Or Intended Injury "Badily injury" ar "praperty damage" expected ar intended from the standpoint of the insured. This exclusion does no# apply to "bodi[y injury" or "property damage" resulting from the use of reasonable force to protect persans ar praperiy. 23. BRQADENED LIABILITY COVERAGE �OR DAMAGE TQ YOUR PRODUCT AND YOUR WORK A. Under SECTION I— COVERAGE A., paragraph 2. �xclusions, exclusion k. Damage to Yaur Product and exclusion I. Damage to Your Work are defeted and replaced with the following: [This insurance does not apply to:] k. Darr�age to Your Praduct "Property damage" to "your product" arising ou# of it or any part of it, except when caused by or resufting frorn: (1) Fire; (2) Smoke; (3} "Collapse"; or (4) Expfosion. For purpases of exdusion k. abo�e, "collapse" means an abrupi falling dawn or caving in of a building or any part of a building with the result that the building ar pari of the buiiding cannot be occupied for its intended purpose. f. Darr�age to Yaur Work "Property damage" to "yaur work" arising out of it or any part of it and included in the °praducts-completed operations hazard". This exclusian does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcantractor; or (2} If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) "ColEaps�"; or (d) Explosion. For purposes of exclusion I. abave, "collapse" means an abrupi falling down or caving in of a building or any part of a building with the result that the building ar part of the building cannot be occupied for its inte�nded purpose. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: ]ncludes copyrighted material of Insurance Services Offiice, Inc. Page10of11 CG7Q63U477 Subject ta 5. above jaf the CGL Co�erage Form], $100,000 is the most we will pay under Caverage A far the sum of damages arising out of any one 'bccurrence" f�ecause of "pro�erty damage" to "yaur praduct° and "your wark" that is caused l�y fire, smoke, collapse or explosion and is included within the "product-cam�leted operations hazard". This sublirrtit does not apply to "property damage" to "your work" if the damaged wor�, or the wor� out of which the damag� arises, was performed an your behalf f�y a sUbcontractor. 24. BF�OADENED BODILY INJURY COV�RAGE Under SECTION V— DEFINfTIONS, the definition of "badily injury" is d�let�d and replaced with the fallowing: 3. "Bodily injury" a. Means physical: {1) Injury; (2) Disability; {3) 8ickness; or {4) �isease; sustained by a person, including death resulting from any of these at any time. b. Includes men#al: (5} Anguish; (fi} Injury; (7) Humi[iation; ($} Fright; or (9) Shock; directly resulting from any "bodily injury" described in paragraph 3.a. c. All "bodily injury" described in paragrapi� 3.b. shall be deemed to have occurred at the time the "bodily injury" described in �aragraph 3.a. occurred. 25. DESIGNATED COMPLETEQ PROJECTS — AMEND�D LIMITS OF INSURANCE When a written contract or written agreement between yau and another party requires project-5pecific limits of insurance exceeding the limits afi this policy; A. for "bodily injury" or "property damage" that occ�rs w9thin any policy period for which we provided co�erage; and B. for "your work" performed within the "products-completed operation hazard"; and C. for which we previousfy issued Amendment Of Limits Of Insurance (Designated Project Or Premises) CG 71 94 either during this policy term or a prior policy term; and D. that designated project is now complete; the limits of insurance shown in the CG i1 94 5chedul� wil] re�lace the limits of insurance of this policy for t�e designated project and wil] continue to apply for the amount of time #he wriiten contract ar written agreement requires, subject ta the state statute of repose of the project location. These limits are inclusive of and not in addition to the replaced limits. Includes copyrighted material of Insurance Ser�ices Office, lnc. CG 74 63 0417 Page i 1 of 11 Tnsured: Moss utilities, LLC ��,� �� FA2I17850 �� d:�A 71 �65►'�q� �l� T'l�� F,�+MD��E�N4�T �H�l�E� i�� '��'�a'�'�� [��i #T ��RF.�F#.lL��', ��r��r �� rr��►�� t��r�T��i�� s� +�rt�la��rn�� r��1�F�� in�ur•,n�+� �x��i �nda�r it� ��1�1E�,�� dl �4��. I #��A irwe+,�rc�ii�v� c� e�ia+�r�� 'car� �� ,flM�� I��e�t! Iryr Ihnss�n�l�rr�e�ul. �t�r� �tl�m{�1t iiic�I��s ImrS�n[�3 a�r' �s��,e�E�ni�d �til�a �t� `�r;�ur�cl «nder kFr� wf,o rs ,�t I��ut�d �r�,a��l� � lPr� �rnii�r�-r�r„� � �r�ln. d"��5 ��cfr�mir� �la�,ge� ine pc�� n air� 9��rrn �i[� � �is��y �mlcss �na�l��+�� f� �h� �w i�ti�r� 1! r I.��it�1�t� ��ucr�r�. ,�. �L�r�i�. 1,'�F�� ,�i Pr��.�1 i� �ra�rPr� ��; 1�'i,� ��aia � �rrg,�l�a�u� �IFa �tr�i y�+�u f�v� �n '�ns�rer� �an1r��' �inh rt+tfu��: � C�� pl��n rar Urs�rx��an t;� i� :'u�d�tl �+� �ir� "iu'�s7.�r1' u�l�r�� 1��' �r �nn a� ��r�t� �r ��es�.�rM�nr�. �►r�! i�. i��s �� t� 1`� �u�nuu� �ar,� n�ir��tr�l�t,�r� �� I�� i�s�+rri+��a :�v��1��t,F� ��,� p�►��+ �r dCi'%�.'�ni��inn, � �r� $�n ��n � ��r�r�i�i�+ � �n Ri�� r l.iabiti�y �a��,��, Tl��r �r� �n '�ris�ur�' ��r L� ht�r �n �r �r�,�:'3rrr:��aaw, i� �n �resir�` �me� � 45��T�;ii�i ,I� dl ��a �o�uc��r� F��et "6i� �antr� i�l�x+een �� hl:�rr�.� In�Sc�v. d �naci tttic� ��rx� or �n�x�wr.�r i� ��i �n�re�d s�r�cx". a�. s�enon �V -- �u�i��s �lut� �+�cl��st C�; �rn�� nnrtidi�iQns, �. �in�r Ir�sura�e� ��ar�r$p�a �i. rs �'��ileef �,r� ��i �y r� ��►t� r� ir� �+� � �i� aE►��r�cr�e�,v �1�. �!. �.rM ��rv��r. ��nle�! exad�er t��S ��w�� x`r� �s af5�o �r�� r ��r ��r�p� �'e�lml �I` ��7►, �r aw�� r� a�r� � ��r��. �n ��yr+bu�ory f��. I�Irad�S �.�ri��l rNt.`��i.'ki �P I�tr�n[t �c�rvowc� �3[t�ca, lnc_ w�R� rEs �t�i��ion. ��+� �cr�r ma�r ��r �i�: !1 � i��n R� ��rx� �� rs��cnt i�. in th� I��r�nsJ x`� . :� ._. ,�:, •... • ,. � f�-: ,,., �_�'_=��'��'+� ��d+�rnn�� t��i�� Iri�� EXCESS LIABILITY XS 233 (0221) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Wai�er of Subrogation Endorsement Policy Number: Effec#ive �ate: June 2�, 2021 at 12:01 A.M. Named Insured: MOSS UTILlTIES, L�LC This endorsement modifiies the insurance coverage form(s) listed i�elaw that ha�e been purchased by you and e�idenced as such on the dec[arations page. Please read the endorsement and respecti�e policy(ies) carefully. EXCESS I,IABILITY POLICY lt is hereby agreed that SECTION IV. CONDITIOfVS, K. Transfer of R'tghts of Reco�ery Against Others to Us is amended to include the following: SCHEDULE Name Of Persan(sj Or Organization(sj: All as required by written contract. Information required to complete this Schedule, ifi not shown abo�e, will be shown in ihe Daclarations. We wai�e any right of recpvery against the person(s) or organization(s) shown in the Schedule abo�e because of payments we rr�ake under this Palicy. Such wai�er by us applies only to the extent that the insured has wai�ed its right of reca�ery against such person(s} or organization(s} prior ta loss. This endorsement applies only to the person(s) or organization(s) shown in thE Schedule aba�e. Alf other terms and conditions of this Palicy remain unchanged. XS 233 (0221} Page 1 of 1 CapyrigM � Starr Indemnlry & Lfabllity Company. All rlghts reserved. Includes copyrightetl material of Insurance Services O(Fice, Inc., with ks permission. (1) The total amount thak all such other ins�rance would pay for the ]oss in khe absence af the insurance provided under tnis Co�rerage Part; and {2) �he total of all deductible and self-insured amounts under a!I that other insurance, CXE 03 01 10 97 Copyright, American Alternative Insurance Corporation, 2017 Page 2 of 2 Includes copyrighted material of tE�e Insurance Ser�ices OfFice. Inc., with its permission. Insured: Moss Utilities, U�C Policy # PPK2357042 Pic-�vc�-ao� t7i�� 2. The supplemental extended reporting period described herein shal� commence upon the day that the automatic exter�ded rE�orting period terminates. 3. For the purpose of any extended reporting period, any change in premium, self-insured retention, Limits of InsUrance or other terms or conditions at renewal is not a refusal ta renew. 4. L9mits of Insurance available dur�ng any extended reparting period sha11 not exceed th� balance af the Limits of Insurance in effect at the time the policy terminated. 5. In the event sirnilar insurance is in faree co�ering any claims first made dtaring the automatic extended reporting period, there is na co�erage under this policy. fi. �n the event similar insurance is in force covering any claims first made during the supplemental eactended reporting period, co�erage provided by this policy shall be excess over any such other insurance, including any applicalale deductible or self�insured retenfion amounts of such other insurance. For purposes of this provision, other insurance inc�udes al� types of self-instaranc�, indemnification or oiher funding arrangement �r program tha# is available ta compensate an insured for liability. 7. Any extended reporiing period does not extend the policy period. Any claim first rr�ade against you during an extended reporting period will be deerned to E�ave been firsi made during the last day af the palicy period. X. GENERAL CONDITIONS A. Subrogation If we pay any arrtouni und�r this policy, we shafl be subrogatec! to the insured's rights flf recovery against any person, firm or organization. The insured shail execute and deliver instruments and papers and do whatever is necessary to secure such rights. The insured shalf not waive or prejudice such rights subsequent ta when a claim is first made or when the insured discavers contamination. Any recovery as a result of a subrogaEion proc��ding arising out of payment of a professional loss, loss or remediation expense covered under this insurance shall accrue first to you to the exkent of any payments in excess of the Limits of Insurance; then to us to the extent of our payment under the policy; and then to you to the extent of your deductible. �xpenses incurred in such subrogakian praceedings will be apporEioned among t�e interested parties in the recovery, in the prapor�ion that each inkerested party's share in the recovery �ears to the total reco�ery. Notwithstanding the foregoing, we hereby wai�e o�r right of subrogation againsfi your client and any entity where required by written con#ract pro�ided that such contract is fully executed prior to #he first commencement af contarr�ination or prior to the rendering or failure to render your professiona� services, as applicable to which this insurance applies. B. Charoges Notwikhstanding anything to the contrary, no provisian of this policy may be amended, wai�ed or otherwise changed except by endorsement issued by us to form part of this policy. C. Action Agains� 11s No person or arganization has a right under this insurance: Page 23 of 27 � 2017 Philadelpk�ia Cansolidated Hoiding Corp. Insured: Moss Utilities, LLC Policy #PPK2357042 PIC-�.VCP-009 (7117) 1. The statements in the Declaratians, your application, and any other supplemental information thereta are cornplete and accurate; 2. The statements in yaur application and any other supplementary inFormation ther�to are yaur representations and warran�ies and that thvse representatians and warrankies are mat�rial; 3. This policy is issued in reliance upon #he truth and accuracy of such representations and warranties; 4. The statements in your application and any other supplemental information thereto are incorporated into this policy. This policy embodies all existing agreements between you and us relating to th�s insurance; 5. Breac� of those representatians �r warranfies wiil result, at aur election, forFeiture of coverage for any claim reported to us �ander the policy, or �oiding of the policy from inception. N. �ther Insurance If other �alid and collectibie insuranc� is available to the insured for co�erage granted under this policy, our abligations are limited as follows: 1. This insurar�ce is primary, and our obligations are not affected uniess any other insurance is also primary. In that cas�, we will share with all such other insurance by the method described in Paragraph 2. below, or this insurance will �e primary and non-contributory when Paragraph 3. below applies; and 2. IF all of the other insurance permits contribution by equal shares, we will also follow this method, ln this appraach each insurer contributes equal amounts until it has paid iis app[icable limit of insurance or none of the loss remains, whiche�er comes first. If any of the �ther insurance does not permii cantribution by equal shares, we wi[I contribute by limits. ln contribution by limi�s, each insurer's share is based upon the rafiio its applicable [imit of insurance bears to the tokal applicable limits af insurance of all insurers. 3. ihis insurance is primary and nan-cantributary wi�h othervalid and collectible insurance, but anly if: {i) the named insured has a written contract ar agreement requiring this insuranc� to !ae primary and non-contributory; and (ii) such contract or agreement was executed prior to the daEe that your contracting o�eratians or your professional s�rvices, as applicable first commenced. For �urposes of this provision, othar insurance includes all types af self-insurance, indemnification or other funding arTangement or program thaf is available ta compensate an insured for liability. I, Headings The descriptions in the headings of this palicy and any endorsements attached hereto are solely for canvenience, and form no part of the terms and conditions of co�erage. J. Consent Where consent by �s or an insured is required under this policy, such consent shall not be unreasonably withheld, delayed, conditioned or denied. Page 25 of 27 0 2017 �'hiladelphia Cansolidated Holding Corp. Insured: Mass Utilities, LLC Palicy # SB-A7-XL-Q002016-00 COMMERCIAL EXC�SS LEABILITY CX� 03 25 90 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TD US This endorsement madifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COV�RAGE PARl" SCHEDULE Name 4f Person[sj �r Organization(s): Any person or organizatian when you and such person or organization have agreed in writing in a contract or agreement that you will waive any righf af reco�ery against such person o� organization. (if no entry appears abo�e, information required to camplete this endorsement wil! be shown in the becNarations as applicable to this endorsement.) The folEowing is added ta SecEion III — Conditions: Transfer Of Rights Of Recovery Agai�nst Others Ta Us a. If the insured has rights ta reco�er all or part of any payment we ha�e made under this Co�erage Part, those rights are transferred to us. The insured must do nothing after loss ta impair them. At our request, the insured will bring suit or tra�sfer fihose rights to us and help us enfarce them, 6, However, we wai�e any right of reca�ery we may have against the person{s) or organization(s) shown in the Schedule abo�e because of payments we make for "injury or darrtage" tha# the insured is legally obligated to pay as damages, only if and to the extent: (1) The insured agreed to waive such rights under a written contract with the person(s) or organization(s) shown in the Schedule abo�e prior to the "e�ent", and only for the liabifify specified within such contract; and (2) The valid and applicable "controlling underlying insurance" pro�iding co�erage for the same "injury or damage" exists or would ha�e existed but for the exhaustion of the limits of "controlling underlying insurance", has also waived their such rights of recovery against the person(s) or organization(s) shown in the Schedule above prior to the "e�ent". CXE 03 25 10 17 Copyright, American Alternafive Insc�rance Corporation, 2017 Page 1 of 1 ]ncludes copyrighted material af the Insurance Servic�s Qffice, Inc., with its p�rmissian, �` .�,�.. + � �:�==::�_-�;� ��rr� ��w�d��i� � �i�rlit� ��+. Qther Insurance — Primary and Noncontributory for Additional Insured Amendatory Endorsement PoliCy Numbel': 1000587163211 EffeCtive Date: 6/zi/zi Nam�d Insured: moss Uti1iti�$, LLc This endorsement modifi�s insurance pra�ided under the follawing: EXCES9 LIABILITY POLICY It is hereby agreed tha# SECTiON N. CONQIiIONS, I.Other Insurance is deleted in its entirety and replaced by the following: 1. Other Insurance If other insurance applies to "Ultimate Net Loss" that is also co�ered by ihis Policy, this Policy will apply excess of, and will not contribute to, the other insurance. Nothing herein will be construed to make this Poficy su6ject to the terms, conditions and limitatians of such other insuranc�. Howe�er, other insurance daes not include: 1. "Underlying Insurance"; 2. Insurance that is specifically written as excess o�er this Pfllicy; or 3. Insurance held by a person(s} or organization(s) qua�ifying as an additional insured in "Underlying Insurance," b�t only when the written contract or agreernent that mandates such additional insured status: a. Requires a s�ecific limit of insurance that is in excess of the UntEerlying L�imits ofi Ensurance; b. Requires that yaur insurance be primary and not contribute with that of the addi#ional insured; and c. Is executed prior to the loss. In such case as described in subparagraph 3. above, we shall not seek cantribution from the additional insured's primary or excess insurance for which they are a named insured for amounts payable under ihis insurance. The Lirr�its of Insurance affarded the addifional insured pursuant to subparagraph 3. abo�e shalf be the lesser of the following: a. ihe minimum limits of insurance required in the contract or agreement; or b. 7he Limits Qf Insurance shown in the Dec[arations of this Policy. Other insurance includes any type of self-insurance or other mechanism by which an lnsured arranges for the funding of legal liabilities. AII other terms and conditions of this Policy remain unchanged. XS 373 (0219} Page 1 ofi 1 Copyright � Starr InHemnity & Liahility Company. All rights reservetl. lncludes copyrigMed materiai of Insuranre Services Office, Inc., w3th its perm3ssion. Insured: Moss Utilities, LLC Policy �SE-A7-XL-0002Q16-00 COMMERCIAL EXCESS LlABILITY CXE 03 01 10 'i 7 TH15 ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. PRIMARY AND NONCONTRIBUTORY ENDORSEMENT This endorsement �-nodifies insurance pro�ided under the follawing: COMMERCIAL EXCESS LIABILl7Y COV�RAG� PART SCHEDULE IVame of Designated Additianal Insured Person(s) Or Organizations: Any person or organization for whom you are perfarming operations when yau and such person or organization have agreed in writing in a contract or agreement thafi such person or organization be added as an additional insured on your policy. Informatian reQuired ta complete this Schedule, if not shawn abo�e, will be shown in the Declarations. Paragraph 8. Dth�r Insurance af 5ect9on Ill — Canditfons is deleted and replaced by the following: 8. O�her Ins�rance a. ihis insurance is excess o�er, and shall not contribute with any of the ather insurance, whether primary, excess, contingent or on any other basis. NowEver: (1) This conditian will not apply to other insurance specifically written as excess o�er #his Co�erage Part. (2) 7he insurance pro�ided under this Coverage �'art will be on a primary basis and will nat seek contribution frorn any other insurance a�ailable to an additiona! insured, pro�ided that: (a) 7he additianal insured is a Named Insured under such other insurance; (#�) The additional insured is specifically listed in the Schedule abave and for wham caverage is provided in this policy under Paragraph 1.d. Insuring Agreement of Section I— Co��rages; (cj You ha�e agreed in writing in a contract or agreement with such designated additional insured listed in the Schedule to �ro�ide additianal insured co�erage on a primary and nonconkributory basis; and (d) Only if the appEicable "controlling underlying insurance" also pro�ides such co�erage and on a primary and noncontributory l�asis specifically for such designated addiiiflnaf insured listed in the Schedule, and ortly once the applicable limEts of "controlling underlying insurance" ha�e been exhaust�d in the paymenk of judgments, settlements and other expenses as ap�licable. Subject to Sectian I! — Limits Of Insurance, th� most we will pay on behalf of such additional insured is the amount oi insurance required by the contract or agreement for the coverage affarded under this policy, or the a�ailable l�imits of Insurance afforded u�der this palicy that are applicable, whichever is less. When this insurance is excess, we will ha�e no duty ta defend the insured or designated additional insured against ar�y suifi if any other insurer has a duty to defend the insured or designated additiortal insured against that suit. If no okher insurer def�nds, we may undertake to do so, but we will be entitled to the insured's or designated additional insured's rights against all those other insurers. �. When this insurance is excess o�er the other iRsurance, we wifl pay only our share of the "ultimate net loss" that exceeds the sum of: CXE 03 01 10 17 Copyright, American Alternati�e Insurance Corporation, 2a17 Page 1 of 2 Includes capyrighted material of the Insurance Services Office, Inc., with its permission. (9) The total amount that all such other insurance would pay far the loss in #he absence of the insurance provided u�der this Coverage Part; and (2) The total of all deductible and self-insured amaunts under all that other insurance. CXE 03 01 10 17 Copyright, American Altemative Insurance Corporation, 2017 Page 2 of 2 Includes co�yrighted material of the Insurance Services Office, Inc., with its perrrEission. 4 �= � � -- ---..: �� . � WORKERS COMPENSATIQN AND EMPLOY�RS I�IABILI�'Y INSUF2A�110E PO�ICY WG 42 03 Q4 B (Ed, 6-14} TEXAS WAIV�R OF OUR RIGHi TQ R�GOVER F'ROM OTHERS ENDORS�MEMT This endarsement applies anly to the insUrance pro�ided by the policy becaUse Texas is shown in ]tem 3.A. of the Information Page. We ha�e the right to reco�er aur payments from anyone liable for an injury covered by this palicy. We will not enforce our right against the person or orgar�ization narned in the Schedule, but ihis waiver applies anly witFt respect to bodily injury arising out of the operations described in the Schedul� where you are required by a writEen contract to obtain this wai�er from us. This endorsement sl�all not aperate directEy ar indirectly to benefit anyone not named in the Schedule. The premium €or this endarsement is shown in the Schedule. Schedule 1. Specific Wai�er iVame of person ar organization S X Blanket Wai�er Any person or organization for whom the Named Insured has agreed by written cantract ta furnish this waiver. 2. Operations: All Texas Opera�ions 3. Premium The premium charge for this endarsement shall be 2 pe�cent of ihe �remium developed on payroll in connection with work perFarmed for the above person(s) or organization(s) arising out of the operations described. 4. Ad�ance Premium WC42U3046 (Ed, 6-14) 1 of 2 �' Gopyright 2a14 National Council on Compensation lnsurance, Inc. All Rights Reser�ed. WC 42 03 U4 B WORKERS COMPEII{SATION AND EMPLOYERS LIABI�IiY IiUSURANCE POLICY (Ed. 6-14) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The inforrnation below is required only when this endorsement is issued subsequent to preparation of � th� policy.} � EndprsemenC Effecti�e Endorsement No. � Policy Effecti�e 6�2��2� Premium State Policy No, wca�i�ssa �nSUf2d Moss U�ilities, LLC Insurance Company Amerisure Insurance Co. WC 42 03 04 B Counters�gned by (Ed. 6-14} 2 nf 2 � Copyrigf�t 2014 iVational Council on Compensation Insurance, Inc. All Rights Reser+�ed. Insured: Moss Utilities, LLC Policy # WC2117852 THIS ENDORSEM�NT CHANGES THE P�LICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE 4F CANCELLATION PROVIDED BY US Number of Days Notice 3° For any statutor�ly permitted reason ather than nonpayment of premium, the nurr�ber of days required for notice of cancellation is increased to the number of days shown in the 5chedule abave. If this policy is cancelled by us we will send the [Vamed Insured and any party listed in the following schedule notice of cancellation based an the number of days notice shown above. sc��u�� Name of Person or Organization Mailing Address Blanket When Required By Written Contract IL70450507 Tnsured: Moss Utilities, LLC Po1iCy #CBP2��7$51 & CA2117$50 TH[S ENDORSEMENT CHANGES THE POLICY. PLEAS� READ IT CAREFULLY. NOTlCE OF GANCELLATION, NONRENEWAL OR MATERIAL GHANGE - TH�RD PARTY 7his endarsement modifies insurance prnvided underthe fallawing; AUT� DEALERS COVERAGE F�RM BU51NE55AUT0 COV�RAGE FORM BUSINES5ALJ70 P1-IY5ICAL DAMAGE COVERAGE FORM COMMERGIALGENERAL LIABILITYCOV�RAGF FQRM COMMERCIAL UMBRELLA LIABILITY GOVERAGE FORM GARAGEGOVERAGE�ORM MOTOR CARRIER C�VEF2AGE FORM PRODUC751COMPLETED OPERATIC}NS LIABILITY COVERAGE FORM iRUCKERS COVERAGE FORM Subject to the cancellaiEon provisions of the Coverage Form to which this endors�ment is attached, we will not: 'I. Gancel; 2. Nonrenew; or, 3. Materially change (reduce or restrict) this Coverag� Form, except for nonpayment of premium, until we provide at least 6a days +nrritten notice of such cancellation, nonrenewal or material change. Written notice will be ta the person or organization named in the Sehedule. 5uch notice will be by certified mail with return receip# requas#�d, This nnt�ficat�on af cancellation, nonrenewal or material change ta the person or organization named in the SCh�dulE 1S Intended as a courtesy only. Ourfailure to provide such notifcation will not: 1. �xtend any Coverage Form cancellation date; 2. Negate� the cancellation as to any ins�red or any certificate holder; 3. Provide any addifional insurance #hai wauld not have been pro��ded i n the absence of this endorsement; or 4. Irnpose liab9lity of any kind upon us. This endorsement cEoes not entitfe the person or organization named in t�e Schedule to any ben�Fts, rights or protection underthisCo�erage Form. SCMEDI�LE Name Of F'ersun Or Organization Mailing Address Any persan ar arganization hnlding a aertificate of insurance issued 7he address shown for that person ar organization in far you, provided 1he ce�tificate; that certifi�cate of insuranc� � . Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewai; or a, Material change reducing or restricting caverage; will be pra�ided to that person or organization; 3. Is in effect at the time of the: a. CanceElaticsn; b, Nonrenewal; or c, Material change reducing or resfricfiing coverage; and 4. Is on file at your agent or braker's office for this poficy Il, 70 6G �7 'I 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number Agency Number Policy Effective Date c CPP2117851 6 21 21 Policv Expiration Date Date Account Number 6/ai/aa Named Insured Agency Issuing Company . IBTX — LAS COLINAS AMERISURE INSURANCE Moss Utilities, LLC COMPANY 1. a. SECTION II - WHO IS AN INSURED is amended to add as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. b. The written contract or written agreement must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" leading to a claim under this policy. C. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; (b) Rent; (C) Lease; or (d) Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or "property damage" occurring after: (a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (other than service, maintenance or repairs); or (b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. Includes copyrighted material of Insurance Services Office, Inc. CG 70 851015 Pages 1 of 3 (3) Completed operations coverage, but only if: (a) The written contract or written agreement requires completed operations coverage or "your work" coverage; and (b) This coverage part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement: (1) Requires "arising out of" language; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 371001; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of". C. If the written contract or written agreement requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(C) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architecYs, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (C) Opinions; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 851015 (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications; and (2) Supervisory, inspection, or engineering services. h. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; C. Contingent; or d. On any other basis; but if the written contract or written agreement requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that otherinsurance. If the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 85 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 10 1 1 85 shown below and paragraph 2.h. Other InsuranCe shown above. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket where required by written contract or written agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 j. The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. CG 70 851015 Pages 3 of 3 Insured: Moss Utilities, LLC PoliCy #CA2117850 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESSAUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is $ 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, A.1. Who Is An Insured is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or a majority interest, will qualify as a Named Insured. H oweve r, (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not apply to "accidents" or "loss" that occurred before you acquired or formed the organization; and (3) Coverage does not apply to an organization that is an "insured" under any other policy or would be an "insured" but for its termination or the exhausting of its limit of insurance. e. Any "employee" of yours using: (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) An "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow and while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract, written agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your covered "autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is issued prior to the "bodily injury" or "property damage"; (2) To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any lessor of "autos" unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auto" is leased without a driver; and Includes copyrighted material of Insurance Services Office, Inc. CA 71 1811 09 Page 1 of 5 (C) The lease had not expired. Leased "autos" covered under this provision will be considered covered "autos" you own and not covered "autos" you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50% of the voting stock on the effective date of this endorsement. This provision does not apply to "bodily injury" or "property damage" for which an "insured" is also an insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of insurance, unless such policywas written to apply specifically in excess of this policy. 2. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS Under Section II - LIABILITY COVERAGE, A2.a. Supplementary Payments, paragraphs (2) and (4) are deleted and replaced as follows: (2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 3. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION II - LIABILITY COVERAGE, B. EXCLUSIONS, paragraph 5. Fellow Employee is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers, managers, supervisors or above. Coverage is excess over any other collectible insurance. b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of paragraph a. above. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If any of your owned covered "autos" are covered for Physical Damage, we will provide Physical Damage coverage to "autos" that you or your "employees" hire or borrow, under your name or the "employee's" name, for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the Declarations, Item Three, Schedule of Covered Autos You Own, or on any endorsements amending this schedule. B. Under SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions. paragraph b. Loss Of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 CA 71 1811 09 (2) Specified Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision, only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $30 per day, to a maximum of $2,000. C. Under SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, paragraph b. is replaced bythe following: b. For Hired Auto Physical Damage, the following are deemed to be covered "autos" you own: Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employees" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. LOAN OR LEASE GAP COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If a covered "auto" is owned or leased and if we provide Physical Damage Coverage on it, we will pay, in the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered "auto", less: (a) The amount paid under the Physical Damage Section of the policy; and: (b) Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor; and (5) Carry-over balances from previous loans or leases. 6. RENTAL REIMBURSEMENT Under SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced bythe following: a. Transportation Expenses (1) We will pay up to $75 per day to a maximum of $2,000 for transportation expense incurred by you because of covered "loss". We will pay only for those covered "autos" for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered "loss" and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". This coverage is in addition to the otherwise applicable coverage you have on a covered "auto". No deductibles apply to this coverage. Includes copyrighted material of Insurance Services Office, Inc. CA 71 1811 09 Page 3 of 5 (2) This coverage does not apply while there is a spare or reserve "auto" available to you for your operation. 7. AIRBAG COVERAGE Under SECTION III - PHYSICAL DAMAGE, B. EXCLUSIONS, paragraph 3. is deleted and replaced by the following: 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: (1) Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tires. 8. GLASS REPAIR— WAIVER OF DEDUCTIBLE Section III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 9. COLLISION COVERAGE— WAIVER OF DEDUCTIBLE Under Section III - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: When there is a loss to your covered "auto" insured for Collision Coverage, no deductible will apply if the loss was caused by a collision with another "auto" insured by us. 10. KNOWLEDGE OF ACCIDENT Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of ACCident, Claim, Suit Or Loss, paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "accident", claim, "suiY' or "loss". Knowledge of an "accident", claim, "suiY' or "loss" by your "employees" shall not, in itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (if you are a limited liabilitycompany) has knowledge of the "accident", claim, "suit" or "loss". Notice should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 11. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions paragraph 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accidenY' or "loss" to impair them. However, if the "insured" has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 CA 71 1811 09 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS , B. General Conditions , paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 13. BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS When required by written contract or written agreement, the definition of "insured contract" is amended as follows: The exception contained in paragraph H.3. relating to construction or demolition operations on or within 50 feet of a railroad; and Paragraph H.a. are deleted with respect to the use of a covered "auto" in operations for, or affecting, a railroad. Includes copyrighted material of Insurance Services Office, Inc. CA 71 1811 09 Page 5 of 5 Insured: Moss Utilities, LLC Policy # PPK2357042 PIC-EVCP-001 (7/17) contamination on, at, under or migrating beyond the legal boundaries of your insured location, provided that: 1. Such contamination first commences during the policy period; 2. Such contamination ceases fully within ten (10) days of its commencement; and 3. The loss or remediation expense is the result of: (i) a claim for bodily injury, property damage or environmental damage that is first made against the insured and reported to us during the policy period, or as expressly provided for in the extended reporting period, if applicable; or (ii) contamination that caused the insured to incur emergency expense during the policy period. E. Image Restoration Coverage We will reimburse you for image restoration expenses incurred because of contamination or an actual or alleged negligent act, error or omission in the performance of your professional services reported to us during the policy period or as expressly provided for in the extended reporting period, if applicable, and that results in bodily injury, property damage, or environmental damage covered under Insuring Agreements I. A., B., C. or D., as applicable. Reimbursement is limited to the costs of restoring your reputation and consumer confidence through image consulting, is subject to the self-insured retention for the applicable coverage part, and will in no event exceed the amount shown in ITEM 5.- E. in the Declarations. II. DEFINITIONS A. Additional insured means: 1. Any individual, organization or entity scheduled to this policy as an additional insured by an endorsement, but solely for their liability specified in such endorsement; or 2. Solely with regard to Coverage B. — Contracting Operations Environmental Liability, any entity required to be an additional insured under this policy in a written contract or agreement for your contracting operations, provided that such contract or agreement was fully executed prior to the date that your contracting operations first commenced. However such entities are included as an additional insured under this policy solely to the extent: a. That the entity is liable for loss or remediation expense to which this insurance applies as a result of your contracting operations performed by or on behalf of an insured other than the entity; and b. Up to and not exceeding any specified limits of insurance as required by the written contract with you or subject to the applicable Coverage B. Contracting Operations Environmental Liability Coverage Limit of Insurance, whichever is less. The entity is not provided any coverage under this policy for any portion of its own negligence or legal liability. B. Bodily injury means: 1. Physical injury, sickness or disease including associated medical or environmental monitoring; and 2. Mental anguish, emotional distress or shock sustained by any person; Page 3 of 27 c0 2017 Philadelphia Consolidated Holding Corp. Insured: Moss Utilities, LLC PoliCy # CPP2117851 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S GENERAL LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS Pa e 1. Additional Definitions 9 2. A re ate Limits Per Location 7 3. A re ate Limits Per Pro'ect 6 4. Blanket Contractual Liabilit — Railroads 3 5. Broadened Bodil In'ur Covera e 10 6. Broadened Knowled e Of Occurrence 8 7. Broadened Le al Liabilit Covera e For Landlord's Business Personal Pro ert 7 8. Broadened Liabilit Covera e For Dama e To Your Product And Your Work 10 9. Broadened Who Is An Insured 3 10. Co-Employee Bodily Injury Coverage for Managers, Supervisors, Directors or Officers 4 see rovision 9, Broadened Who Is An Insured, ara ra h 2.a. 1 11. Contractual Liabilit — Personal And Advertisin In'ur 3 12. Dama e To Premises Rented To You — S ecific Perils and Increased Limit 7 13. Desi nated Com leted Pro'ects — Amended Limits of Insurance 1 1 14. Extended Notice Of Cancellation And Nonrenewal 8 15. Incidental Mal ractice Liabilit 6 16. Increased Medical Payments Limit 7 17. Mobile E ui ment Redefined 9 18. Nonowned Watercraft 3 19. Product Recall Ex ense 2 20. Pro ert Dama e Liabilit — Alienated Premises 2 21. Pro ert Dama e Liabilit — Elevators And Sidetrack A reements 2 22. Property Damage Liability — Property Loaned To The Insured Or Personal Property In The Care, 2 Custod And Control Of The Insured 23. Reasonable Force — Bodil In'ur or Pro ert Dama e 10 24. Su lementar Pa ments 3 25. Transfer Of Ri hts Blanket Waiver Of Subro ation 8 26. Unintentional Failure To Disclose Hazards 8 Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 1 of 11 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I— COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1. through 6. of this endorsement are excess over any valid and collectible insurance (including any deductible) available to the insured, whether primary, excess or contingent (SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is changed accordingly). Provisions 1. through 6. of this endorsement amend the policy as follows: 1. PROPERTY DAMAGE LIABILITY — ALIENATED PREMISES A. Exclusion j. Damage to Property, subparagraph (2) is deleted. B. The following paragraph is deleted from Exclusion j. Damage to Property; Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. 2. PROPERTY DAMAGE LIABILITY — ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators. B. Exclusion k. Damage to Your ProduCt does not apply to: 1. The use of elevators; or 2. Liability assumed under a sidetrack agreement. 3. PROPERTY DAMAGE LIABILITY — PROPERTY LOANED TO THE INSURED OR PERSONAL PROPERTY IN THE CARE, CUSTODY AND CONTROL OF THE INSURED A. Exclusion j. Damage to Property, paragraphs (3) and (4) are deleted.. B. Coverage under this provision 3. does not apply to "property damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate. 4. PRODUCT RECALL EXPENSE A. Exclusion n. Recall of Products, Work or Impaired Property does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". This exception to the exclusion does not apply to "product recall expenses" resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of "your producY', which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of "your product(s)" that have no known or suspected defect solely because a known or suspected defect in another of "your product(s)" has been found. B. Under SECTION III — LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8. is added: 3. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of: Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 11 CG 70 63 04 17 a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and b. "Product recall expenses". 8. Subject to paragraph 5. above [of the CGL Coverage Form], $25,000 is the most we will pay for all "product recall expenses" arising out of the same defect or deficiency. 5. NONOWNED WATERCRAFT Exclusion g. AirCraft, Auto or WaterCraft, paragraph (2) is deleted and replaced with the following: [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; 6. BLANKET CONTRACTUAL LIABILITY — RAILROADS Under SECTION V— DEFINITIONS, paragraph c. of "Insured ContracY' is deleted and replaced by the following: C. Any easement or license agreement; Under SECTION V— DEFINITIONS, paragraph f.(1) of "Insured ContracY' is deleted. 7. CONTRACTUAL LIABILITY — PERSONAL AND ADVERTISING INJURY Under SECTION I— COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 8. SUPPLEMENTARY PAYMENTS Under SECTION I— SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, paragraph 1.b. is deleted and replaced with the following: 1. b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 9. BROADENED WHO IS AN INSURED SECTION II — WHO IS AN INSURED is deleted and replaced with the following: If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. C. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 3 of 11 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees," other than either your "executive officers," (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insured for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or volunteer worker as a consequence of paragraph (1)(a) above; (C) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in Provision 10. of this endorsement. Paragraphs (1)(a), (1)(b) and (1)(C) above do not apply to your "employees" who are: (i) Managers; (ii) Supervisors; (iii) Directors; or (iv) Officers; with respect to "bodily injury" to a co-"employee". (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. C. Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 11 CG 70 63 04 17 f. Any person or organization, including any manager, owner, lessor, mortgagee, assignee or receiver of premises, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises or land leased to you, including common or public areas about such premises or land if so required in the contract. However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy or lease that premises or land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. g. Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard." h. Any person or organization who is the lessor of equipment leased to you, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person(s) or organization(s) only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No such person or organization, however, is an insured with respect to any "occurrence" that takes place after the equipment lease expires. i. Any architect, engineer, or surveyor engaged by you under a written contract but only with respect to liability arising out of your premises or "your work." However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person only applies to the extent permitted by Subchapter C of the Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No architect, engineer, or surveyor, however, is an insured with respect to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection, or engineering services. This paragraph i. does not apply if a separate Additional Insured endorsement providing liability coverage for architects, engineers, or surveyors engaged by you is attached to the policy. If the written contract or written agreement requires primary and non-contributory coverage, the insurance provided by paragraphs f. through i. above will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 5 of 11 c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Coverage A does not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4. Any person or organization (referred to below as vendor) with whom you agreed under a written contract to provide insurance is an insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; C. Any physical or chemical change in "your producY' made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the "your producY'; g. "Your products" which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This paragraph 4. does not apply to any insured person or organization from which you have acquired "your products", or any ingredient, part, or container, entering into, accompanying or containing "your products". This paragraph 4. also does not apply if a separate Additional Insured endorsement, providing liability coverage for "bodily injury" or "property damage" arising out of "your producY' that is distributed or sold in the regular course of a vendor's business, is attached to the policy. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 10. INCIDENTAL MALPRACTICE LIABILITY As respects provision 9., SECTION II — WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your "employee" does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III — LIMITS OF INSURANCE, provisions 11. through 14. of this endorsement amend the policy as follows: 11. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 11 CG 70 63 04 17 12. AGGREGATE LIMITS PER LOCATION The General Aggregate Limit applies separately to each of your locations, but only when required by written contract or written agreement. As respects this provision 12., your locations are premises you own, rent or use involving the same or connecting lots or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. However, your locations do not include any premises where you, or others acting on your behalf, are performing construction operations. 13. INCREASED MEDICAL PAYMENTS LIMITS A. SECTION III — LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all the terms of SECTION III — LIMITS OF INSURANCE and is the greater of: 1. $10,000; or 2. The amount shown in the Declarations for Medical Expense Limit. B. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14. DAMAGE TO PREMISES RENTED TO YOU — SPECIFIC PERILS AND INCREASED LIMIT A. The word fire is changed to "specific perils" where it appears in: 1. The last paragraph of SECTION I— COVERAGE A, paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a"specific peril" or any combination of "specific perils." C. The Damage To Premises Rented To You Limit described in SECTION III — LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit, which is the greater of: 1. $1,000,000; or 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14. does not apply if the Damage To Premises Rented To You Limit of SECTION I— COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. E. "Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 15. BROADENED LEGAL LIABILITY COVERAGE FOR LANDLORD'S BUSINESS PERSONAL PROPERTY Under SECTION I— COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. ExClusions, j. Damage to Property, the first paragraph following paragraph (6) is deleted and replaced with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to a landlord's business personal property that is subject to, or part of, a premises lease or rental agreement with that landlord. The most we will pay for damages under this provision 15. is $10,000. A$250 deductible applies. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 16. through 18. of this endorsement amend the policy as follows: Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 7 of 11 16. BROADENED KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced and paragraphs e. and f. are added as follows: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by your "employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members, "executive officers," directors, or managers has knowledge of the "occurrence" or offense. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by this Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your producY' must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and C. We have issued this policy in reliance upon your representations. We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by this Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 18. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suiY' or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 19. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 11 CG 70 63 04 17 Paragraph 2.b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew a. We may elect not to renew this policy except, that under the provisions of the Texas Insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected official. b. If we elect not to renew this policy, we may do so by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policy will remain in effect until the 61 st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium. C. If notice is mailed, proof of mailing will be sufficient proof of notice. d. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. 20. MOBILE EQUIPMENT REDEFINED Under SECTION V— DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight that are not designed for highway use. 21. ADDITIONAL DEFINITIONS 1. SECTION V— DEFINITIONS, paragraph 4. "Coverage territory" is replaced by the following definition: "Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury," "property damage," or °personal and advertising injury," including "personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a"suit" on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2. SECTION V— DEFINITIONS is amended by the addition of the following definitions: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your producY' has resulted or will result in "bodily injury" or "property damage". "Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of "your product" for: a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; C. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by agents designated by you of persons, other than your regular employees, to perform necessary tasks; e. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate; and g. Disposal of "your products" that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 9 of 11 (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid "bodily injury" or "property damage". 22. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE Under SECTION I— COVERAGE A., paragraph 2. Exclusions, subparagraph a. Expected Or Intended Injury is deleted and replaced with the following: [This insurance does not apply to:] a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 23. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under SECTION I— COVERAGE A., paragraph 2. Exclusions, exclusion k. Damage to Your Product and exclusion I. Damage to Your Work are deleted and replaced with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage" to "your product" arising out of it or any part of it, except when caused by or resulting from: (1) Fire; (2) Smoke; (3) "Collapse"; or (4) Explosion. For purposes of exclusion k. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard". This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) "Collapse"; or (d) Explosion. For purposes of exclusion I. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 11 CG 70 63 04 17 Subject to 5. above [of the CGL Coverage Form], $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage" to "your product" and "your work" that is caused by fire, smoke, collapse or explosion and is included within the "product-completed operations hazard". This sublimit does not apply to "property damage" to "your work" if the damaged work, or the work out of which the damage arises, was performed on your behalf by a subcontractor. 24. BROADENED BODILY INJURY COVERAGE Under SECTION V— DEFINITIONS, the definition of "bodily injury" is deleted and replaced with the following: 3. "Bodily injury" a. Means physical: (1) Injury; (2) Disability; (3) Sickness; or (4) Disease; sustained by a person, including death resulting from any of these at any time. b. Includes mental: (5) Anguish; (6) Injury; (7) Humiliation; (8) Fright; or (9) Shock; directly resulting from any "bodily injury" described in paragraph 3.a. C. All "bodily injury" described in paragraph 3.b. shall be deemed to have occurred at the time the "bodily injury" described in paragraph 3.a. occurred. 25. DESIGNATED COMPLETED PROJECTS — AMENDED LIMITS OF INSURANCE When a written contract or written agreement between you and another party requires project-specific limits of insurance exceeding the limits of this policy; A. for "bodily injury" or "property damage" that occurs within any policy period for which we provided coverage;and B. for "your work" performed within the "products-completed operation hazard"; and C. for which we previously issued Amendment Of Limits Of Insurance (Designated Project Or Premises) CG 71 94 either during this policy term or a prior policy term; and D. that designated project is now complete; the limits of insurance shown in the CG 71 94 schedule will replace the limits of insurance of this policy for the designated project and will continue to apply for the amount of time the written contract or written agreement requires, subject to the state statute of repose of the project location. 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IrMc. wKF� �[51�rr�ws�n EXCESS LIABILITY XS 233 (0221) XS 233 (0221)Page 1 of 1 Copyright © Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Waiver of Subrogation Endorsement Policy Number: Effective Date: June 21, 2021 at 12:01 A.M. Named Insured: MOSS UTILITIES, LLC This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the declarations page. Please read the endorsement and respective policy(ies) carefully. EXCESS LIABILITY POLICY It is hereby agreed that SECTION IV. CONDITIONS, K. Transfer of Rights of Recovery Against Others to Us is amended to include the following: SCHEDULE Name Of Person(s) Or Organization(s): All as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Policy. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. CXE 03 01 10 17 Copyright, American Alternative Insurance Corporation, 2017 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 2 (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (2) The total of all deductible and self-insured amounts under all that other insurance. Insured: Moss Utilities, LLC Policy # PPK2357042 PIC-EVCP-001 (7/17) 2. The supplemental extended reporting period described herein shall commence upon the day that the automatic extended reporting period terminates. 3. For the purpose of any extended reporting period, any change in premium, self-insured retention, Limits of Insurance or other terms or conditions at renewal is not a refusal to renew. 4. Limits of Insurance available during any extended reporting period shall not exceed the balance of the Limits of Insurance in effect at the time the policy terminated. 5. In the event similar insurance is in force covering any claims first made during the automatic extended reporting period, there is no coverage under this policy. 6. In the event similar insurance is in force covering any claims first made during the supplemental extended reporting period, coverage provided by this policy shall be excess over any such other insurance, including any applicable deductible or self-insured retention amounts of such other insurance. For purposes of this provision, other insurance includes all types of self-insurance, indemnification or other funding arrangement or program that is available to compensate an insured for liability. 7. Any extended reporting period does not extend the policy period. Any claim first made against you during an extended reporting period will be deemed to have been first made during the last day of the policy period. X. GENERAL CONDITIONS A. Subrogation If we pay any amount under this policy, we shall be subrogated to the insured's rights of recovery against any person, firm or organization. The insured shall execute and deliver instruments and papers and do whatever is necessary to secure such rights. The insured shall not waive or prejudice such rights subsequent to when a claim is first made or when the insured discovers contamination. Any recovery as a result of a subrogation proceeding arising out of payment of a professional loss, loss or remediation expense covered under this insurance shall accrue first to you to the extent of any payments in excess of the Limits of Insurance; then to us to the extent of our payment under the policy; and then to you to the extent of your deductible. Expenses incurred in such subrogation proceedings will be apportioned among the interested parties in the recovery, in the proportion that each interested party's share in the recovery bears to the total recovery. Notwithstanding the foregoing, we hereby waive our right of subrogation against your client and any entity where required by written contract provided that such contract is fully executed prior to the first commencement of contamination or prior to the rendering or failure to render your professional services, as applicable to which this insurance applies. B. Changes Notwithstanding anything to the contrary, no provision of this policy may be amended, waived or otherwise changed except by endorsement issued by us to form part of this policy. C. Action Against Us No person or organization has a right under this insurance: Page 23 of 27 c0 2017 Philadelphia Consolidated Holding Corp. Insured: Moss Utilities, LLC PoliCy #PPK2357042 PIC-EVCP-001 (7/17) 1. The statements in the Declarations, your application, and any other supplemental information thereto are complete and accurate; 2. The statements in your application and any other supplementary information thereto are your representations and warranties and that those representations and warranties are material; 3. This policy is issued in reliance upon the truth and accuracy of such representations and warranties; 4. The statements in your application and any other supplemental information thereto are incorporated into this policy. This policy embodies all existing agreements between you and us relating to this insurance; 5. Breach of those representations or warranties will result, at our election, forfeiture of coverage for any claim reported to us under the policy, or voiding of the policy from inception. H. Otherinsurance If other valid and collectible insurance is available to the insured for coverage granted under this policy, our obligations are limited as follows: 1. This insurance is primary, and our obligations are not affected unless any other insurance is also primary. In that case, we will share with all such other insurance by the method described in Paragraph 2. below, or this insurance will be primary and non-contributory when Paragraph 3. below applies; and 2. If all of the other insurance permits contribution by equal shares, we will also follow this method. In this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. In contribution by limits, each insurer's share is based upon the ratio its applicable limit of insurance bears to the total applicable limits of insurance of all insurers. 3. This insurance is primary and non-contributory with other valid and collectible insurance, but only if: (i) the named insured has a written contract or agreement requiring this insurance to be primary and non-contributory; and (ii) such contract or agreement was executed prior to the date that your contracting operations or your professional services, as applicable first commenced. For purposes of this provision, other insurance includes all types of self-insurance, indemnification or other funding arrangement or program that is available to compensate an insured for liability. I. Headings The descriptions in the headings of this policy and any endorsements attached hereto are solely for convenience, and form no part of the terms and conditions of coverage. J. Consent Where consent by us or an insured is required under this policy, such consent shall not be unreasonably withheld, delayed, conditioned or denied. Page 25 of 27 c0 2017 Philadelphia Consolidated Holding Corp. Insured: Moss Utilities, LLC PoliCy # 8E-A7-XL-0002016-00 COMMERCIAL EXCESS LIABILITY CXE 03 25 10 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE Name Of Person�s) Or Organization�s): Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to Section III — Conditions: Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. However, we waive any right of recovery we may have against the person(s) or organization(s) shown in the Schedule above because of payments we make for "injury or damage" that the insured is legally obligated to pay as damages, only if and to the extent: (1) The insured agreed to waive such rights under a written contract with the person(s) or organization(s) shown in the Schedule above prior to the "event", and only for the liability specified within such contract; and (2) The valid and applicable "controlling underlying insurance" providing coverage for the same "injury or damage" exists or would have existed but for the exhaustion of the limits of "controlling underlying insurance", has also waived their such rights of recovery against the person(s) or organization(s) shown in the Schedule above prior to the "event". CXE 03 25 10 17 Copyright, American Alternative Insurance Corporation, 2017 Page 1 of 1 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. XS 373 (0219)Page 1 of 1 Copyright © Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Other Insurance Primary and Noncontributory for Additional Insured Amendatory Endorsement Policy Number: Effective Date: Named Insured: This endorsement modifies insurance provided under the following: EXCESS LIABILITY POLICY It is hereby agreed that SECTION IV. CONDITIONS,I. Other Insurance is deleted in its entirety and replaced by the following: I. Other Insurance If other insurance applies to Ultimate Net Loss that is also covered by this Policy, this Policy will apply excess of, and will not contribute to, the other insurance. Nothing herein will be construed to make this Policy subject to the terms, conditions and limitations of such other insurance. However, other insurance does not include: 1. Underlying Insurance; 2. Insurance that is specifically written as excess over this Policy; or 3. Insurance held by a person(s) or organization(s) qualifying as an additional insured in Underlying Insurance, but only when the written contract or agreement that mandates such additional insured status: a.Requires a specific limit of insurance that is in excess of the Underlying Limits of Insurance; b.Requires that your insurance be primary and not contribute with that of the additional insured; and c.Is executed prior to the loss. In such case as described in subparagraph 3.above, we shall not seek contribution from the additional insureds primary or excess insurance for which they are a named insured for amounts payable under this insurance. The Limits of Insurance afforded the additional insured pursuant to subparagraph 3.above shall be the lesser of the following: a.The minimum limits of insurance required in the contract or agreement; or b.The Limits of Insurance shown in the Declarations of this Policy. Other insurance includes any type of self-insurance or other mechanism by which an Insured arranges for the funding of legal liabilities. All other terms and conditions of this Policy remain unchanged. COMMERCIAL EXCESS LIABILITY CXE 03 01 10 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CXE 03 01 10 17 Copyright, American Alternative Insurance Corporation, 2017 Page 1 of 2 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. PRIMARY AND NONCONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE Name of Designated Additional Insured Person(s) Or Organizations: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Paragraph 8. Other Insurance of Section III – Conditions is deleted and replaced by the following: 8. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. However: (1) This condition will not apply to other insurance specifically written as excess over this Coverage Part. (2) The insurance provided under this Coverage Part will be on a primary basis and will not seek contribution from any other insurance available to an additional insured, provided that: (a) The additional insured is a Named Insured under such other insurance; (b) The additional insured is specifically listed in the Schedule above and for whom coverage is provided in this policy under Paragraph 1.d. Insuring Agreement of Section I – Coverages; (c) You have agreed in writing in a contract or agreement with such designated additional insured listed in the Schedule to provide additional insured coverage on a primary and noncontributory basis; and (d) Only if the applicable "controlling underlying insurance" also provides such coverage and on a primary and noncontributory basis specifically for such designated additional insured listed in the Schedule, and only once the applicable limits of "controlling underlying insurance" have been exhausted in the payment of judgments, settlements and other expenses as applicable. Subject to Section II – Limits Of Insurance, the most we will pay on behalf of such additional insured is the amount of insurance required by the contract or agreement for the coverage afforded under this policy, or the available Limits of Insurance afforded under this policy that are applicable, whichever is less. When this insurance is excess, we will have no duty to defend the insured or designated additional insured against any suit if any other insurer has a duty to defend the insured or designated additional insured against that suit. If no other insurer defends, we may undertake to do so, but we will be entitled to the insured's or designated additional insured’s rights against all those other insurers. b. When this insurance is excess over the other insurance, we will pay only our share of the "ultimate net loss" that exceeds the sum of: Insured: Moss Utilities, LLC Policy #8E-A7-XL-0002016-00 CXE 03 01 10 17 Copyright, American Alternative Insurance Corporation, 2017 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 2 (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (2) The total of all deductible and self-insured amounts under all that other insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. L This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. � The premium for this endorsement is shown in the Schedule. Schedule 1. Specific Waiver Name of person or organization x Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. � � 2. Operations: Al1 Texas Operations 3. Premium The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium WC 42 03 04 B (Ed. 6-14) 1of2 �' Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. WC 42 03 04 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed. 6-14) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy Effective 6/21/21 State Policy No. wcaii�ssz Insured Moss utiiities, LLC Insurance Company Amerisure Insurance Co. WC 42 03 04 B (Ed. 6-14) Endorsement No. Premium Countersigned by 2 of 2 � Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US Number of Days Notice For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name of Person or Organization Mailing Address IL 70 45 05 07 Insured: Moss Utilities, LLC PoliCy #CPP2117851 & CA2117850 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - THIRD PARTY This endorsement modifies insurance provided underthe following: AUTO DEALERS COVERAGE FORM BU51NE55AUT0 COVERAGE FORM BU51NE55AUT0 PHY5ICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGECOVERAGEFORM MOTOR CARRIER COVERAGE FORM PRODUCT5ICOMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM 5ubject to the cancellation provisions of the Coverage Form to which this endorsement is attached, we will not: 1. Cancel; 2. Nonrenew; or, 3. Materially change (reduce or restrict) this Coverage Form, except for nonpayment of premium, until we provide at least 6 o days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. 5uch notice will be by certified mail with return receipt requested. This notification of cancellation, nanrenewal or material change to the person or organiaation named in the Schedule is intended as a courtesy only. Our failure to provide such notification will not: 1. Extend any Coverage Form cancellation date; 2. Negate the cancellation as to any insured or any certificate holder; 3. Provide any additional insurance that would not have been provided in the absence of this endorsement; or 4. Impose liability of any kind upon us. This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or protection underthis Coverage Form. SCHEDULE Name Of Persan Or Organization Mailing Address Any person or organization holding a certificate of insurance issued The address shown for that person or organization in for you, provided the certificate: that certificate of insurance 1. Refers to this policy; 2. 5tates that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in efFect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy IL70660714 Bond GSB5900055 00 62 13 -1 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 13 PERFORMANCE BOND § § § KNOW ALL BY THESE PRESENTS: That we, Moss Utilities, LLC • known as "Principal" herein and, Page 1 of2 The Gray lnsu ranee 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, Bloomfield Homes, LP , authorized to do business in Texas ("Developer") and the City ofFort Worth, a Texas municipal corporation ("City"), in the penal sum of, Two Million Six Hundred Seventy Two Thousand One Hundred Thirty Nine & 00/100 Dollars ($2.672.139.00) , lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, finnly 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 CFA22-0034 ;and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the __ day of ______ ~ 2022, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Hulen Trails Phase 4. 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. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS RevisedJanuruy 31, 2012 Hulen Trails Phase 4 City Project #103489 8th April 006213-2 PERFORMANCE BOND Page 2 of2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the ____ day of ______ __, 2022. ATTEST: (Principal) Secretary ,,,~~~z,,, JESSICA DEANN DAVIS ~"" ••••• 19<,:. ~f:':.A..,>:~1 Notary Public, State of Texas ';.~\'P{/,l~ Comm. Expires 12~2025 ",t~f;f.-,~" Notary ID t 33482603 ~ p ~ Witness as to Surety PRINCIPAL: Moss Utilities LLC Name and Title Address: 3300 Rock Island Rd. Irving, TX 75060 SURETY: The Gray Insura nce Company BY Z~ S1gnatur Patrick Coyle, Attorney-in-Fact Name and Title Address: P.O. Box 6202 Metairie, LA 70009-6202 Telephone Number: 1-504-754-6711 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS Revised January 31 , 2012 Hulen Trails Phase 4 City Project # 103489 8th April Bond No. GSB5900055 SECTION 00 62 14 PAYMENT BOND 00 62 14-I PAYMENT BOND Page I of2 THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: That we, __ ....:..:M.=.:o...,s<e:sc..::U~t:::ail~iti="::es~,-=La:a:L::.;C:a:.... ____________ _, known as "Principal" herein, and The Gray 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, Bloomfield Homes, LP , authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of Two Million Six Hundred Seventy Two Thousand One Hundred Thirty Nine & 00/100 Dollars ($2,672,139.00) , lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, CFA Number CFA22-0034 ; and WHEREAS, Principal has entered into a certain written Contract with Developer, awarded the ____ day of _______ ...,, 2022, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Hulen Trails Phase 4. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. ClTY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROIBCTS Revised Januaiy 31, 2012 Hulen Trails Phase 4 City Project# 103489 8th April 006214-2 PAYMENT BOND Page 2 of2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the ----day of ---------2022. PRINCIPAL: Moss Utilities, LLC ATTEST: BY b Signature (Principal) Secretary ~(/{lit /JI, Name and Title Address: 3300 Rock Island Rd . r./Jn ~~l· -= 1 Wifuess as to Pnnci(ai Irving, TX 75060 SURETY: The Gray Insurance Company ATTEST: BY~ ~ture g~fLU '.2£_,..c..\C. Coyf~ A:'T±,QI~.,,~ •""-~t....+- Name and Title ' ' Address: P.O. Box 6202 Metairie, LA 70009-6202 Witness as to Surety Telephone Number: 1-504-754-671 1 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS Revised January 31 , 2012 Hulen Trails Phase 4 City Project # I 03489 8th April Bond No. GS85900055 SECTION 00 62 19 MAINTENANCE BOND 00 62 19-I MAINTENANCE BOND Page I of3 THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: That we, Moss Utilities, LLC , known as "Principal" herein and ____ _ _ T_h_e_G_r_a_y_l_n_s_ura_n_c_e_C_o_m_p_a_n_y __ _, 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, Bloomfield Homes, LP , authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of Two Million Six Hundred Seventy Two Thousand One Hundred Thirty Nine & 00/100 Dollars ($2,672,139.00) , 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. 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 CFA22-0034 ; and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the ____ day of _____ _, 2022, which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said Contract and designated as Hulen Trails Phase 4, and; WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH STANDARD CITY CONDlTIONS -DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Hulen Trails Phase 4 City Project # I 03489 8th April 00 6219-2 MAINTENANCE BOND Page 2 of3 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. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS Revised January 31 , 2012 Hulen Trails Phase 4 City Project# I 03489 00 62 19-3 MAINTENANCE BOND Page 3 of3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the ___ day of ____ ~ 2022. ATTEST: (Principal) Secretary ~nu urety) i Witness as to Surety PRINCIPAL: ' Signature Address: 3300 Rock Island Rd. Metairie. LA 70009-6202 SURETY: The Gray Insurance Company BY,~?..c Patrick Coyle, Attorney-in--Fact Name and Title Address: P 0. Box 6202 Metairie. LA 70009-6202 Telephone Number: 1-504-754-6711 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH ST ANDA.RD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Hulen Trails Phase 4 City Project# 103489 8th April THE GRAY INSURANCE COMPANY THE GRAY CASUAL TY & SURETY COMPANY IBTX Risk Services 03/16/2022 17:38 5936280>63 7 GENERAL POWER OF ATTORNEY Bond Number:GSB5900055 Project: Hulen Trails Phase 4 Principal: Moss Utilities, LLC KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Patricia Ann Lyttle, Michael D. Hendrickson, Byran K. Moore, Betty J. Reeh, Elizabeth Ortiz, Ana Tomes, Andrew Addison, and Patrick Coyle of San Antonio, Texas jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in- Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $15,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority o f the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26th day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, unde rtaking or contract of surety to which it is attache d. IN WITNESS WHE REOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 2gth day of October, 2021. By: State ofLouisiana ss: Parish of Jefferson ~;?~ Michael T . Gray President T he Gray I nsurance Company Cullen S. Piske President The Gray Casualty & Surety Company On this 28th day of October, 2021 , before me, a Notary Public, personally appeared Michael T . Gray, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. • Leig h Anne Henican · Notary Public Notary ID No. 92653 Orleans Pari sh, Louisiana Leigh Anne Henican Notary Public, Parish of Orleans State of Louisiana M y Commission is for Life I, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correc t copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this day of , 2022 I, Leigh Anne Henican, Secretary of The Gr ay Casualty & Surety C ompany , do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and a ffixed the seals of the Company this day of , 2022 8th April -t:!-IRAY SURETY The Gray Insurance Company The Gray Casualty & Surety Company Statutory Complaint Notice To obtain information orto make a complaint: You may contact the Surety via telephone for information or to make a complaint at: 1-504- 754-6711. You may also write to the Surety at: Gray Surety P.O. Box 6202 Metairie, LA 70009-6202 You may also contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write to the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute 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, ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become part of condition of the attached document This notice is written under a complete reservation of rights. Nothing herein shall be deemed to be an estoppel, waiver or modification of any of Gray's rights or defenses, and Gray hereby reserves all of its rights and defenses under any general agreement of indemnity, contracts, agreements, bonds, or applicable law. PAVING 03/02/2022 00 45 11 - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project #103489 Revised April 2, 2014 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary. All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven (7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder’s Prequalification Application, the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm’s organizational documents (Corporate Charter, Articles of Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm’s Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermit/ and fill out the application to apply for your Texas tax ID. (2) The firm’s e-mail address and fax number. (3) The firm’s DUNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Federal Aid projects. The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. 00 45 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project #103489 Revised April 2, 2014 (2)To be satisfactory, the financial statements must be audited or reviewed by an independent, certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3)The accounting firm should state in the audit report or review whether the contractor is an individual, corporation, or limited liability company. (4)Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5)The City will not recognize any certified public accountant as independent who is not, in fact, independent. (6)The accountant’s opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America. This must be stated in the accounting firm’s opinion. It should: (1) express an unqualified opinion, or (2) express a qualified opinion on the statements taken as a whole. (7)The City reserves the right to require a new statement at any time. (8)The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9)The City will determine a contractor’s bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital = current assets – current liabilities) by a factor of 10. Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. (10)In the case that a bidding date falls within the time a new financial statement is being prepared, the previous statement shall be updated with proper verification. b.Bidder Prequalification Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1)In those schedules where there is nothing to report, the notation of “None” or “N/A” should be inserted. (2)A minimum of five (5) references of related work must be provided. (3)Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 3.Eligibility to Bid a.The City shall be the sole judge as to a contractor’s prequalification. b.The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c.The City will issue a letter as to the status of the prequalification approval. 00 45 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project #103489 Revised April 2, 2014 d.If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION 04/08/2022 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 SECTION 00 45 26 CONTRACTOR COMPLiANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 103489 . 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: Gilco Contracting, inc. Company 6331 Southwest Blvd. Address Benbrook, TS 76132 City/State/Zip By: Leia McQuien U G -y�- -_ Signature: Title: Vice President. Operations THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Leia McOuien , 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 Gilco Contractin,�, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GiVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of March , 2�22. � � '� ,pti'pY PVB.' HEATHER PAIGE WILLIAMS � � , =e°;:• �•':`�°: Notary Public, State of Texae � � �' :.? '!�`_ �i� 4� MyCommiasion Expires N ary Public in and i the State of exas`� '�^` :'"' /iugusf 11, 2025 '.� 1jE..o'. � �i� j NOTARY ID 12430520 � END OF SECTION CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS City Project #103489 Revised April 2, 2014 April 8, 2022 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS –DAP City Project #103489 Revised June 16, 2016 Article 4. CONTRACT PRICE Developer agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount in current funds of Two Million Five Hundred Twenty Four Thousand Six Hundred Ninety Six & 65/100 Dollars ($2,524,696.65) . Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: 1.This Agreement. 2.Attachments to this Agreement: a.Bid Form (As provided by Developer) 1)Proposal Form (DAP Version) 2)Prequalification Statement 3)State and Federal documents (project specific) b.Insurance ACORD Form(s) c.Payment Bond (DAP Version) d.Performance Bond (DAP Version) e.Maintenance Bond (DAP Version) f.Power of Attorney for the Bonds g.Worker’s Compensation Affidavit h.MBE and/or SBE Commitment Form (If required) 3.Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4.Supplementary Conditions. 5.Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents. 6.Drawings. 7.Addenda. 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. 005243-3 Developer Awarded Project Agreement Page 3 of 4 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 ofiicers, agents, employees, subcontractors, licenses or invitees under this contract. This indemni�cation 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�ligence 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 officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is snecifcallv intended to operate and be effective even if it is alle�ed or proven that all or some of the damages being sought were caused, in whole or in part, by anv act, omission or ne�liEence of the citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the Developer. 7.3 Successors and Assigns. Developer and Contt•actot• each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon DEVELOPER and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern Distt•ict of Texas, Fort Worth Division. CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DAP Ciry Project #103489 Revised June 16, 2016 04/08/2022 04/08/2022 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: Gilco Contracting, Inc. 6331 southwest Blvd Benbrook, TX 76132 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC2-Z91-473015-031 Endorsement No. Insured: Gilco Contracting, Inc.. Premium Insurance Company Liberty Mutual Fire Insurance Company Countersigned by ____________________________________ WC 42 06 01 (Ed. 7-84) LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number AS2-Z91-473015-011 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY – UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Organization(s): Email Address or mailing address: Number Days Notice: Per schedule on file with company Per schedule on file with company 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number TB7-Z91-473015-021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY – UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Organization(s): Email Address or mailing address: Number Days Notice: Per schedule on file with company Per schedule on file with company 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: Gilco Contracting, Inc. 6331 southwest Blvd Benbrook, TX 76132 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC2-Z91-473015-031 Endorsement No. Insured: Gilco Contracting, Inc.. Premium Insurance Company Liberty Mutual Fire Insurance Company Countersigned by ____________________________________ WC 42 06 01 (Ed. 7-84) LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number AS2-Z91-473015-011 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY – UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Organization(s): Email Address or mailing address: Number Days Notice: Per schedule on file with company Per schedule on file with company 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number TB7-Z91-473015-021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY – UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Organization(s): Email Address or mailing address: Number Days Notice: Per schedule on file with company Per schedule on file with company 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. 8th April CFA22-0034 8th April CFA22-0034 8th April 8th April CFA22-0034 8th April 006219-2 MAINTENANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project #103489 Revised January 31, 2012 8th April 8th April 2022 .s- r�r s � ��t�I� � . . �. /� t * TEXAS IMPORTANT NOTICE To obtain 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 Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas. o�v E-mail: ConsumerProtection cni,tdi.texas. o�v PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. '�ExAs AVISO IMPORTANTE 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 comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, 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. o�v E-mail: ConsumerProtection ,tdi.iexas. o�v DISPUTAS 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 departamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. NP70680901 LMS-1529210/15 LIGHTING SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Hulen Trails, Phase 4, City Project #103489 UNIT PRICE DID Projec[ Item Infonnation IUC Bidlist Specification Unit of Bid Item Description Unit Price Bid Value Section No. Measure Quantit Street Lighting Facilities 2605.3011 2" CONDT PVC SCH 40 (T 3441.1408 NO 6 Insulated Elec Condr 3441.1633 Type 338 Arm 3441.3201 LED Lighting Fixture (R-2) 3441.3201 LED Lighting Fixture (R-4) 3441.3301 Rdwy Illum TY 1,2, and 4 3441.3341 Rdwv Illum TY 11 Pole Street Lighting Subtotal 26 OS 33 34 41 10 34 41 20 EA 34 41 20 EA 35 41 20 EA 34 41 20 EA ,403 $2.97 $42,776.91 35 $261.00 $9,135.00 33 $338.00 $11,154.00 2 $338.00 $676.00 35 $1,531.00 $53,585.00 35 $2,126.00 $74,410.00 Pertormance/Payment and 2-year Maintenance Bonds Included Grand Total E270,089.23 This bid is submitted by the entity listed below: Independent Utility Construction, Inc. 5109 Sun Valley Drive Fort Worth, TX 76119 817-478-4444 Conh-aclor agrees to cm» plete WORK for FINAL ACCEPTANCE within CONTRACT commences to �vn as provided in tl�e Cenernl Conditions. CI"1'Y OP �ORT WORTH STANDARll CONSTRUCTION BID PROPOSAGDEVELOPGR AWN2DGD PROIPCI'S �om� RzvixJ Janmry 29, 2020 . Ric rd Wolfe c G, Signature Title: President Date: �7 � } � _. v� L-�� 45 wm�king days END OF SECTION Hnlcn 7rails. Phasc 4 Ci(yProjtc( UI03G89 00 42 4.i_Bid Proposnl ooasi�-i BIDDERS PREQUALIFICATIONS Page 1 of 3 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary. All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven (7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31 st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's Prequalification Application, the following must accompany the submission. a. A complete set of audited ar reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm's organizational documents (Corporate Charter, Articles of Incarporation, Articles of Organization, Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer ldentification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas T�payer ldentification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/tax ep rmit/ and fill out the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DLJNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Federal Aid projects. The DLJNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project #103489 Revised April 2, 2014 00 45 l 1- 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 (2) To be satisfactory, the financial statements must be audited or reviewed by an independent, certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual, corporation, or limited liability company. (4) Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact, independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit ar review has been conducted in accordance with auditing standards generally accepted in the United States of America. This must be stated in the accounting firm's opinion. It should: (1) express an unqualified opinion, or (2) express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital = current assets — current liabilities) by a factor of 10. Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time a new fnancial statement is being prepared, the previous statement shall be updated with proper verification. b. Bidder Prequalification Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report, the notation of "None" or "N/A" should be inserted. (2) A minimum of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project #103489 Revised Apri12, 2014 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalified wark types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project #103489 Revised April 2, 2014 00 45 l2 DAP PREQUALIFICATION STATE�dENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractars whom they intend to utilize for the major work type(s) listed. In the "Major Work Type" box provide the com lep te major work type and actual description as provided by the Water Department for water and sewer and TPW for pavin� Contractor/Subcontractor Company Name Prequalification Ex iration Date Roadway and Pedestrian Independent Utility Construction, Inc. 03/O1/2023 Li htin The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Independent Utility Construction, Inc 5109 Sun Valley Drive Fort Worth, TX 76119 BY: �R'ichard Wolfe �� ignature) TITLE: President DATE: 03-01-2022 END OF SECTION CITV OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROlECTS City Project #103489 Form Version September 1, 2015 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 103489 . 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 warker's compensation coverage. CONTRACTOR: Independent Utilitv Construction, Inc. Company 5109 Sun Vallev Drive Address By: Richard olfe � �,/� ... � � Signature: Fort Worth, tX 76119 City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT Title: President BEFORE ME, the undersigned authority, on this day personally appeared Richard Wolfe , 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 Independent Utility Construction for the purposes and consideration therein expressed and in the capacity therein stated. G N LIND R MY HAND AND SEAL OF OFFICE this f�� day of �,� � �� , 2022. � � / �j . , 1 �, ��wuU,. CHRISTINA GARCIA ' �� `� _ 1.- i./U� ,,� �y,ic;�?;'� �`O�PPY P e;= ota Public in and for the State of Texas _2:•�{ ;n: Notary Public, State of Texas rY � 9: �^�,.•}e; Comm. Expires 12-20-2024 r...•�,. �'��;°; �r� Notary ID 130940785 D OF SECTION CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project #103489 Revised Apri12, 2014 April 8, 2022 oos2a3-z Developer Awarded Project Agreement Page 2 of 4 Article 4. CONTRACT PRICE Developer agrees to pay Contractor for performance of the Worlc in accordance with the Conri•act Documents an amount in current fiinds of Two Hundred Seventv Thousand Ei�hty Nine & 23/100 Dollars ($270,089.23) Article 5. CONTR4CT DOCUIViENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Worlc consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification 5tatement 3) State and Federal documents (pi^oject specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Botld (DAP Version) f. Power of Attorney for the Bonds g. Worker's Compensation Affdavit h. MBE and/or SBE Commitment Fotm (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 attaclunent 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 subznitted 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. CIT'Y OF FORT W ORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMEN'TS —DAP City Project #103489 Revised June 16, 2016 00 52 43 - 3 Developer Awarded Project Agreemen[ Page 3 of 4 Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hoid harmless and defend, at its own expense, the city, its of�cers, 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 of�cers, agents, employees, subcantractors, licenses or invitees under this contract. This indemni�cation provision is sneci�caltv intended fo onerate and be effective even if it is alle�ed or proven that all or some of the damaEes being sou�ht were caused, in whole or in aart, bv anv act omissiott or neEli�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 officers, servanis 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 of�cers, agents, employees, subcontractors, licensees or invitees under this contract. This indemni�cation provision is specificallv intended to operate and be effective even if it is alleged or proven that all or some of tlie damages bein� sou�ht were caused in whole or in part, by anv act, omissian or ne�li�ence of the eitv. Article 7. MISCELLANE4US 7.1 Terms. Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the Developer. 7.3 Successors and Assigns. Developer and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contraet Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon DEVELOPER and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Conri•act Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DAP City Project #I03489 Revised June 16, 2016 04/08/2022 CFA22-00348th April 22 8th April 22 CFA22-00348th April 22 8th April 22 CFA22-00348th April 22 ] 2 3 4 5 6 7 8 9 ]0 11 12 13 14 ]5 16 17 18 19 20 21 22 23 0062 19-2 MA1N"1 [NiWC£i I30ND Paec 2 ot3 Bond No. 204148H WHEREAS, Principal binds itself to repair or reconstruct the Worl< in whole or in part upon receiving notice from the Developer and/or City of the need thercof at any time within the Maintenance Period. NOW THER�FORE, the condition ofthis obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developee or City, to a completion satisfactory to the City, then this obligation shall become null and void; othei•�vise to remain in full force and effect. PROVID�D, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Worl< to be repaired and/or i•econsti•ucted with all associated costs thereof being borne by the Principal and the Surety undec• this Maintenance Bond; and PROVIDED FURT:H�R, that if any legal action be filed on this Bond, venue shall lie in Tari•ant County, Texas or the United States District Court for the Northet•n District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in natui•e and successive recoveries may be had hereon for successive breaches. CtTY OP POR'1' WORTH STANDARD CITY COND]T[ONS — DGVELOPF.R AWARDED PRO.IFCTS Revised .lanuary 31, 2012 Hulen Trails Phase 4 Cily Pro_ject No. 103489 8th April 22 IMPORTANT NOTICE To obtain information or make a complaint: You may call Westfield Insurance Company's and/or Ohio Farmers Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-368-3597 You may also write to Westfield Insurance Company and/or Ohio Farmers Insurance Company at: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(c�tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or Westfield Insurance Company and/or Ohio Farmers Insurance Comapny first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company's / Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-368-3597 Usted tambien puede escribir a Westfield Insurance Company / Ohio Farmers Insurance Company: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a�tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o Westfield Insurance Company / Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 8thApril 2022 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ........................................................................................................ 6 2.02 Preconstruction Conference .......................................................................................................... 6 2.03 Public Meeting .............................................................................................................................. 6 Article 3 – Contract Documents and Amending ............................................................................................... 6 3.01 Reference Standards ..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents .................................................................. 6 Article 4 – Bonds and Insurance ....................................................................................................................... 7 4.01 Licensed Sureties and Insurers ..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7 4.03 Certificates of Insurance ............................................................................................................... 7 4.04 Contractor’s Insurance .................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12 Article 5 – Contractor’s Responsibilities ........................................................................................................ 12 5.01 Supervision and Superintendent ................................................................................................. 12 5.02 Labor; Working Hours ................................................................................................................ 13 5.03 Services, Materials, and Equipment ........................................................................................... 13 5.04 Project Schedule .......................................................................................................................... 14 5.05 Substitutes and “Or-Equals” ....................................................................................................... 14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16 5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16 5.08 Wage Rates.................................................................................................................................. 18 5.09 Patent Fees and Royalties ........................................................................................................... 19 5.10 Laws and Regulations ................................................................................................................. 19 5.11 Use of Site and Other Areas ....................................................................................................... 19 5.12 Record Documents ...................................................................................................................... 20 5.13 Safety and Protection .................................................................................................................. 21 5.14 Safety Representative ................................................................................................................. 21 5.15 Hazard Communication Programs ............................................................................................. 22 5.16 Submittals .................................................................................................................................... 22 5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24 5.19 Delegation of Professional Design Services .............................................................................. 24 5.20 Right to Audit: ............................................................................................................................ 25 5.21 Nondiscrimination....................................................................................................................... 25 Article 6 – Other Work at the Site ................................................................................................................... 26 6.01 Related Work at Site ................................................................................................................... 26 Article 7 – City’s Responsibilities................................................................................................................... 26 7.01 Inspections, Tests, and Approvals .............................................................................................. 26 7.02 Limitations on City’s Responsibilities ....................................................................................... 26 7.03 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ........................................................................... 27 8.01 City’s Project Representative ..................................................................................................... 27 8.02 Authorized Variations in Work .................................................................................................. 27 8.03 Rejecting Defective Work .......................................................................................................... 27 8.04 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.01 Authorized Changes in the Work ............................................................................................... 28 9.02 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28 10.01 Change of Contract Price ............................................................................................................ 28 10.02 Change of Contract Time............................................................................................................ 28 10.03 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29 11.01 Notice of Defects ........................................................................................................................ 29 11.02 Access to Work ........................................................................................................................... 29 11.03 Tests and Inspections .................................................................................................................. 29 11.04 Uncovering Work ....................................................................................................................... 30 11.05 City May Stop the Work ............................................................................................................. 30 11.06 Correction or Removal of Defective Work ................................................................................ 30 11.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct Defective Work ............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.01 Contractor’s Warranty of Title ................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ........................................................................................................................... 32 12.04 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work .................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................ 33 Article 14 – Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice .............................................................................................................................. 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ............................................................................................................... 35 14.05 Headings ...................................................................................................................................... 35 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- None None None 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract x 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and x 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. DIVISION 01 GENERAL REQUIREMENTS 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project #103489 Revised December 20, 2012 SECTION 01 11 00 SUMMARY OF WORK PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project #103489 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project #103489 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or-equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 4. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer’s opinion, acceptance will require substantial revision of the original design d. In the City’s or Developer’s opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor’s work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material l. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City’s representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 SECTION 01 33 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) “By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City’s Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City’s Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor’s risk if not marked b. Submittals for each item will be reviewed no more than twice at the City’s expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative’s then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City’s discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August, 30, 2013 SECTION 01 35 13 SPECIAL PROJECT PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedures for special project circumstances that includes, but is not limited to: a. Coordination with the Texas Department of Transportation b. Work near High Voltage Lines c. Confined Space Entry Program d. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. f. Water Department Notification g. Public Notification Prior to Beginning Construction h. Coordination with United States Army Corps of Engineers i. Coordination within Railroad permits areas j. Dust Control k. Employee Parking B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 33 12 25 – Connection to Existing Water Mains 1.2 REFERENCES A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction Specification 1.3 ADMINISTRATIVE REQUIREMENTS A. Coordination with the Texas Department of Transportation 1. When work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (TxDOT): a. Notify the Texas Department of Transportation prior to commencing any work therein in accordance with the provisions of the permit 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage-type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA’s Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 01 31 13 E. Water Department Coordination 1. During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing City water line system with the City’s representative. a. Coordination shall be in accordance with Section 33 12 25. b. If needed, obtain a hydrant water meter from the Water Department for use during the life of named project. c. In the event that a water valve on an existing live system be turned off and on to accommodate the construction of the project is required, coordinate this activity through the appropriate City representative. 1) Do not operate water line valves of existing water system. a) Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law. b) In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. F. Public Notification Prior to Beginning Construction 1. Prior to beginning construction on any block in the project, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: a. Post notice or flyer 7 days prior to beginning any construction activity on each block in the project area. 1) Prepare flyer on the Contractor’s letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project (i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor’s foreman and phone number f) Name of the City’s inspector and phone number g) City’s after-hours phone number 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit A. 3) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 4) Deliver flyer to the City Inspector for review prior to distribution. b. No construction will be allowed to begin on any block until the flyer is delivered to all residents of the block. G. Public Notification of Temporary Water Service Interruption during Construction 1. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor’s letterhead and include the following information: 1) Name of the project 2) City Project Number 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August, 30, 2013 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor’s foreman and phone number 6) Name of the City’s inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. H. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. I. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad’s requirements. J. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. K. Employee Parking 1. Provide parking for employees at locations approved by the City. 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.6 CLOSEOUT SUBMITTALS [NOT USED] 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.8 QUALITY ASSURANCE [NOT USED] 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.10 FIELD [SITE] CONDITIONS [NOT USED] 1.11 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August, 30, 2013 EXHIBIT A (To be printed on Contractor’s Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August, 30, 2013 EXHIBIT B 01 45 23 - 1 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another form of distribution approved by the City. 01 45 23 - 2 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised August 30, 2013 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised JULY 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised July 1, 2011 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 34 71 13 – Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 2) Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised July 1, 2011 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised July 1, 2011 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised July 1, 2011 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 60 00 - 1 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is located on Buzzsaw as follows: 1. Resources\02 - Construction Documents\Standard Products List B. Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. D. Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. E. See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 01 60 00 - 2 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 SECTION 01 70 00 MOBILIZATION AND REMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor’s operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor’s personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor’s operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor’s operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor’s operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Specified Remobilization” in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 3. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Emergency Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 SECTION 01 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City’s Project Representative. 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor’s Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer’s printed data, or neatly typewritten 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH Hulen Trails Phase 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #103489 Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application GEOTECHNICAL REPORT GEOTECHNICAL ENGINEERING REPORT HULEN TRAILS PHASE 4 FINAL WEST CLEBURNE CROWLEY ROAD, SOUTH HULEN STREET FORT WORTH, TEXAS Prepared For: Bloomfield Homes, LP 1050 East State Highway 114, Suite 210 Southlake, Texas 76092 Attn: Mr. Clint Vincent, P.E. September 2021 PROJECT NO. 21-25390 www.roneengineers.com GEOTECHNICAL ENGINEERING EARTHWORKS CONTROL ENVIRONMENTAL CONSULTING CONSTRUCTION M ATERIAL TESTING DALLAS | FORT WORTH | AUSTIN | HOUSTON 3201 NE LOOP 820, SUITE 180 | FORT W ORTH, TEXAS 76137 | TEL: 817.717.1040 September 17, 2021 Mr. Clint Vincent, P.E. Bloomfield Homes, LP 1050 East State Highway 114, Suite 210 Southlake, Texas 76092 Re: Geotechnical Engineering Report Hulen Trails Phase 4 Final Fort Worth, Texas Rone Report No. 21-24967 Dear Mr. Vincent: Rone Engineering Services, Ltd. (Rone) is pleased to submit the Final Geotechnical Engineering Report for the referenced project. The geotechnical engineering services performed for this study were carried out in general accordance with Rone Proposal No. P-28727-20, dated February 28, 2020. Engineering analyses and recommendations for site grading and pavements are contained in the narrative section of the report. Results of our field exploration program are submitted in detail in the Appendix section of the report. We appreciate the continued opportunity to be of service to you on this project and would appreciate the opportunity to provide the materials engineering testing and geotechnical observation services during the construction phase of this project. Please contact us if you have any questions or need any additional services. Respectfully submitted, Kim Macy Mark D. Gray, P.E. Managing Director - Geotechnical Division Partner Texas Engineering Firm License No. F-1572 This is an unsecured version of the geotechnical engineering report. The original secured copy of this report contains the licensed engineer’s signature and seal. The signature and seal have been removed from this unsecured document to comply with the Texas state licensing board’s requirement to secure sealed documents. TABLE OF CONTENTS Page 1.0 INTRODUCTION ................................................................................................................. 1 2.0 PURPOSES AND SCOPE OF STUDY ............................................................................... 1 3.0 FIELD OPERATIONS AND LABORATORY TESTING ....................................................... 1 4.0 GENERAL SITE CONDITIONS ........................................................................................... 2 4.1 Site Geology ................................................................................................................ 2 4.2 Subsurface Soil Conditions .......................................................................................... 3 4.3 Groundwater ................................................................................................................ 3 5.0 ANALYSIS AND RECOMMENDATIONS ........................................................................... 4 5.1 Seismicity Site Class ................................................................................................... 4 5.2 Potential Vertical Rise .................................................................................................. 4 5.3 Foundation Recommendations .................................................................................... 5 6.0 SITE PREPARATION AND FILL PLACEMENT ................................................................. 6 6.1 Site Preparation ........................................................................................................... 6 6.2 Building Pad Subgrade ................................................................................................ 7 6.3 Fill Placement .............................................................................................................. 7 6.4 Moisture and Density Testing ...................................................................................... 8 6.5 Site Grading ................................................................................................................ 8 6.6 Construction Observations........................................................................................... 9 7.0 STUDY CLOSURE .............................................................................................................. 9 8.0 COPYRIGHT 2021 RONE ENGINEERING SERVICES, LTD. .......................................... 10 APPENDIX A Plate VICINITY MAP ........................................................................................................................................... A.1 GEOLOGY MAP ........................................................................................................................................ A.2 BORING LOCATION DIAGRAM ................................................................................................................ A.3 LOGS OF BORING ........................................................................................................................ A.4 – A.43 ATTERBERG PLOT ................................................................................................................................. A.44 KEY TO CLASSIFICATION AND SYMBOLS .......................................................................................... A.45 UNIFIED SOIL CLASSIFICATION SYSTEM ........................................................................................... A.46 SWELL TEST RESULTS ......................................................................................................................... A.47 APPENDIX B Page FIELD OPERATIONS ................................................................................................................................ B.1 LABORATORY TESTING .......................................................................................................................... B.2 APPENDIX C Page IMPORTANT INFORMATION ABOUT THIS GEOTECHNICAL ENGINEERING REPORT .....................C.1 Project No. 21-25390 1 | P a g e GEOTECHNICAL ENGINEERING REPORT HULEN TRAILS PHASE 4 FORT WORTH, TEXAS 1.0 INTRODUCTION This report presents our geotechnical study for Phase 4 of the Hulen Trails residential development to be located at the southeast corner of West Cleburne Crowley Road and South Hulen Street in Fort Worth, Texas. Phase 4 will consist of developing approximately 37-acres of vacant land into 153 single-family residential lots with associated utilities and paved streets. Rone conducted a geotechnical engineering study for Hulen Trails Phase 1 in 2019 and Hulen Trails Phase 2 in 2020. The results and recommendations are provided in Report No 19-23950 and 20- 24837, respectively. A site vicinity map and geology map are attached as Plates A.1 and A.2, respectively. The general location and orientation of the site are shown on the Boring Location Diagram, Plate A.3, in Appendix A of this study. 2.0 PURPOSES AND SCOPE OF STUDY The principal purposes of this study are to evaluate the general subsurface conditions at the site and to develop earthwork recommendations and foundation design criteria. To accomplish its intended purposes, the study was conducted in the following phases: (1) Sample borings were drilled to evaluate the subsurface conditions at the boring locations and to obtain soil and rock samples; (2) Laboratory tests were conducted on selected samples recovered from the borings to estimate the pertinent engineering characteristics of the foundation materials; and (3) Engineering analyses were performed using field data to develop earthwork recommendations and foundation design criteria. 3.0 FIELD OPERATIONS AND LABORATORY TESTING A total of 40 borings were completed to depths of approximately 20 feet below existing grades using truck- and track-mounted drill rigs in July and August 2021. The approximate boring locations are shown on Plate A.3, Boring Location Diagram. Sample depth, description of soils, and classification (based on the Unified Soil Classification System) are presented in the Logs of Boring, Plates A.4 through A.43. Keys to terms and symbols used on the logs are also included in Appendix A. Project No. 21-25390 2 | P a g e Laboratory tests were performed on selected samples recovered from the borings to confirm visual classification, determine material strata, and estimate in-situ consolidation states and other engineering properties of the materials encountered. Soluble sulfate concentration tests and classification test results are presented in the Logs of Boring. In addition, one-dimensional swell tests were performed on selected samples recovered from various depths. Descriptions of the procedures used in the field and laboratory phases of this study are presented in Appendix B. 4.0 GENERAL SITE CONDITIONS At the time of the field exploration, the site generally consisted of an open grassy field with scattered scrub brush. Based on a review of available historical aerial photography, the property appears to have remained unchanged since 1995. Based on topographic information provided by the client, elevations at the site range from approximately 846 feet to 832 feet, generally sloping down to the northeast. 4.1 Site Geology Based on the subsurface conditions encountered at the boring locations and the Geologic Atlas of Texas, Dallas Sheet (published by the Bureau of Economic Geology), the site appears to be located within the Grayson Marl and Main Street Limestone undivided formation (mapped as Kgm). The USGS Mineral Resources On-Line Spatial Data reference contains the following description of the Grayson Marl and Main Street Limestone undivided formation. The Grayson Marl is typically composed mostly of marl and is greenish-gray to medium gray in color. Near the top of the formation, some thin interbeds of limestone may be present. The limestone is often nodular, silty, sandy, gray, and fossiliferous. It weathers to a grayish -yellow with a thickness of approximately 15 to 60 feet. The Main Street Limestone typically consists of thick limestone beds, is coarse grained, hard, and interbedded with thin marl beds. It may be yellow-gray, white, or brown in color, with thicknesses of approximately 10 to 20 feet. The geologic mapping was originally performed using aerial photography. Local variations and anomalies generally occur when using aerial imagery. Please note that the geologic mapping was originally performed using aerial photography. Local variations and anomalies do occur. Project No. 21-25390 3 | P a g e 4.2 Subsurface Soil Conditions The results of the field and laboratory testing have been used to develop generalized subsurface profiles of the project site. The strata identified in the borings at this site are described below:  Stratum I - The upper stratum is a 4 to 12 foot heterogeneous clayey layer consisting of predominantly very hard dark brown to light brown fat clays (CH), with lean clays (CL), and intermittent sand and gravel seams.  Stratum II - The second stratum generally consisted of tan weathered limestone and/or gray limestone extending to the termination depths of approximately 20 feet. Hand penetrometer readings ranged from 1.0 to more than 4.5 tons per square foot (tsf) in the cohesive soils. In-situ moisture levels ranged from approximately 7.5 percent above to 16 percent below their measured plastic limits, indicating wide range of soil conditions. A tabular summary of the properties of the upper clay strata considered for design is provided below. The Logs of Boring should be reviewed for specific information at individual boring locations. Stratification boundaries shown in the logs represent the approximate locations of changes in types of in-situ materials. The transition between material types may vary between borings, and be gradual and indistinct. Variations will occur and should be expected across the site. 4.3 Groundwater The borings were advanced using continuous flight augers to observe the potential for water seepage during and immediately after drilling. Free water was not observed in the borings during or immediately after drilling. The scope of work did not include long term observations of ground water or perched water conditions. In addition, it is difficult to accurately predict the magnitude of subsurface water fluctuations that might occur following periods of inclement weather. Groundwater can be encountered above any of the less permeable materials at this site, creating a temporary perched water condition, particularly during wet periods of the year. Groundwater levels should be expected to fluctuate throughout the year with variations in precipitation, runoff, irrigation, site topography, utilities and the water levels in nearby surface water features and other factors not evident at the time of the field services. These observations have been made during the course of the field exploration, as indicated on the Logs of Boring. A groundwater study has not been performed. Long-term observations would Project No. 21-25390 4 | P a g e be necessary to more accurately evaluate the groundwater levels and fluctuations. If these services are desired, Rone would be pleased to provide groundwater level monitoring as an additional scope of services. 5.0 ANALYSIS AND RECOMMENDATIONS Analyses and recommendations presented in this report are based on data collected during the field and laboratory phases of the study, as well as our experience and local knowledg e of the general site vicinity. The following paragraphs discuss the findings for the subject site, and present options for foundations and subgrade improvement. 5.1 Seismicity Site Class The site class for seismic design is based on several factors that include the subsurface profile (soil or rock), shear wave velocity, and strength, averaged over a depth of 100 feet. Since our borings did not extend to 100-foot depths, we based our determinations on the assumption that the subsurface materials below the bottom of the borings were similar to those encountered at the termination depths of the borings. Based on Table 1613.2.2 of the 2018 International Building Code and Table 20.3-1 of ASCE 7-16, we recommend using Site Class C (Stiff Soil / Soft Rock) for seismic design at this site. 5.2 Potential Vertical Rise At the time of our field exploration, the sampled soils at the site were in an overall slightly moist condition. Detailed results of free swell tests are tabulated in Appendix A, and range from approximately 0.0 to 6.9 percent. Using the swell test results and dry unit weights, the estimated PVR ranges from less than 1 inch to approximately 3 inches, limited by the shallow depth to limestone in some parts of the site. Potential Vertical Rise (PVR) was also estimated using calculations performed in general accordance with the Texas Department of Transportation (TxDOT) Method 124-E, Potential Vertical Rise. The TxDOT 124-E method is empirical and is based on the Atterberg limits and moisture content of the subsurface soils. Using the TxDOT method within a 12-foot deep active zone, limited by the depth to weathered limestone, in a dry moisture condition, the estimated PVR ranges from approximately 2 to 4 inches. Project No. 21-25390 5 | P a g e Based on the swell test results, dry unit weights, and estimated PVR using the TxDOT method, we recommend that a PVR of 4 inches be adopted for design. Proper performance of the pad requires that the lots are prepared according to the recommendations provided in Section 6.0 Site preparation and Fill Placement. 5.3 Foundation Recommendations It is our understanding that slab on grade foundations are desired for the proposed residences. A slab foundation may also be used to support the proposed amenity center. A ground-supported foundation can consist of a conventionally reinforced beam and slab system or a post-tensioned slab foundation system. The foundation should be designed with exterior and interior grade beams able to provide sufficient rigidity to the foundation system to tolerate the vertical soil movements expected at this site as described above. A net allowable soil bearing pressure of 1,500 psf may be used for design of all grade beams bearing in natural or fill soils. Grade beams should be founded a minimum of 12 inches below final grades. The bottom of the beam trenches should be free of any loose or soft material prior to the placement of the concrete. All grade beams and floor slabs should be adequately reinforced to limit cracking as normal movements occur in the foundation soils. Moist soil conditions should be maintained within at least 5 feet of the foundation during its service life. The Post Tensioning Institute (PTI) parameters are estimated based on the method described in the PTI manual (3rd Edition) for designing slab-on-grade foundation systems, the Uniform Building Code guidelines, and “Effective PI” calculations for slab foundations. The recommended PTI foundation design parameters at this site are presented in the following table. Table 1: PTI Foundation Design Criteria Parameter Condition 4½-inch PVR Edge Moisture Variation Distance, em (feet) Center Lift 7.5 Edge Lift 4.5 Differential Soil Movement, ym (inches) Center Lift 1.8 Edge Lift 2.2 Project No. 21-25390 6 | P a g e The PTI method incorporates numerous design assumptions associated with the derivation of variables needed to estimate the soil design criteria. The PTI method of predicting differential soil movement is applicable when site moisture conditions are controlled by the climate alone on well- graded lots (i.e. no improper drainage, percolation of water in unlined landscaped areas, utility water leaks or other free water sources). Under climate-controlled conditions, moisture variation within the subgrade soils is reduced, and the resulting differential foundation movements are much lower than movements that can occur due to post-construction movements caused by free water sources near or beneath the structures. Moist soil conditions should be maintained within 5 feet of the foundations during their service lives. A moisture barrier should be used beneath all slab foundations. 6.0 SITE PREPARATION AND FILL PLACEMENT The following recommendations for site preparation and fill placement may contain elements that do not appear to apply to the presently known conditions at the project site. These items have been included in this report since our experience has been that unforeseen obstacles are encountered on some project sites, and progress can be delayed while written guidance is prepared. While we cannot cover every possible circumstance, we have attempted to address the most frequently occurring issues in this report section. 6.1 Site Preparation Preparation of the site for any future construction should include the removal and proper disposal of all obstructions that would hinder construction. These obstructions should include all abandoned structures, foundations, debris, water wells, septic tanks and loose material. It is the intent of these recommendations to provide for the removal and disposal of all obstructions not specifically provided for elsewhere by the plans and specifications. All concrete, trees, stumps, brush, abandoned structures, roots, vegetation, rubbish and any other undesirable matter should be removed and disposed of properly. It is the intent of these recommendations to provide a level surface with no features that would tend to prevent uniform compaction by the equipment to be used. All abandoned utilities that are not removed represent a risk to future performance; if the lines are abandoned in place, they must be fully grouted and capped so that the pipes do not provide a ready conduit for water. Project No. 21-25390 7 | P a g e All areas to be filled should be disced or bladed until uniform and free from large clods. Soils should be brought to the proper moisture, and compacted as indicated in the table below. Following subgrade preparation, the subgrade should be proofrolled with a fully loaded, tandem- axle dump truck or similar pneumatic-tire equipment to locate areas of unsuitable subgrade. In areas to be cut, the proofroll should be performed after the final grade is established. In areas to be filled, the proofroll should be performed prior to placement of engineered fill and after subgrade construction is complete. Areas of loose or soft subgrade encountered in the proofroll should be removed and replaced with engineered fill, or moisture conditioned (dried or wetted, as needed) and compacted in place. Relatively shallow marl and weathered limestone was encountered in many of the borings performed at this site. Excavations are likely to extend into these materials, which may be difficult to excavate. Contractors should have experience working in these materials. 6.2 Building Pad Subgrade Based on the provided grading plans, we understand that up to approximately 3 feet of cut or fill may be required to achieve finished pad elevations. All grade-raised fill must be placed according to the guidelines provided below. If larger cuts or fills are planned, we should be contacted to review our recommendations, including moisture conditioning depths and the need for plastic sheeting above the completed pads. 6.3 Fill Placement Any deleterious materials or rock fragments greater than approximately 4 inches in diameter encountered within the soils should be removed or crushed. The subgrade to receive fill should be scarified to a depth of 6 inches, then compacted as indicated in Table 3 in section 6.1 Site Preparation. The clays to be used as fill can then be placed and compacted in a similar manner. Plastic sheeting is not required for the residential lots given that the PVR is less than 4½ inches. The building pad subgrade should be kept moist prior to slab construction. Controlled fill should extend at least 5 feet outside the foundation perimeter, or any other adjacent features sensitive to differential movement, such as entrances, patios, or other similar featu res. Fill placement should be monitored and tested on a full-time basis by Rone Engineers to confirm conditions are as anticipated and to confirm the fill is suitable and placed with the proper moisture content and degree of compaction. Density tests should be performed on each lift of fill placed. Project No. 21-25390 8 | P a g e Table 2: Fill Placement Criteria Item Description Plasticity Requirement Compaction Standard Density Requirement Moisture Requirement On-site soils General grading None ASTM D698 95% to 100% of maximum dry density Optimum moisture to 4% above optimum moisture Structural Fill House pads None ASTM D698 95% to 100% of maximum dry density At least 2% above optimum moisture Imported general fill General grading LL < 60 ASTM D698 95% to 100% of maximum dry density Optimum moisture to 4% above optimum moisture Utility backfill On-site soils 0-10’ below grade None ASTM D698 95% to 100% of maximum dry density At least 2% above optimum moisture >10’ below grade None ASTM D698 Minimum 100% of maximum dry density Minus 2% to plus 2% of optimum moisture 6.4 Moisture and Density Testing Field density and moisture content tests should be performed by the geotechnical engineer or his representative. Density tests should be taken in each layer of compacted fill below the disturbed surface. If the materials fail to meet the specified moisture and/or density, the lift should be reworked as necessary to obtain the specified moisture content and compaction. The recommended moisture content and density should be maintained until placement of the overlying lift, or construction of overlying flatwork. Failure to maintain the moisture content and compaction could result in excessive soil movement and can have a detrimental effect on overlying structures such as sidewalks and pavement. The contractor should provide some means of controlling the moisture content and compaction (such as water hoses, water trucks, etc.). Maintaining subgrade moisture and compaction is always critical, but will require extra effort during warm, windy and/or sunny conditions. Density and moisture testing is recommended to provide some indication that adequate earthwork is being provided; however, the quality of the fill is the sole responsibility of the contractor. Satisfactory test results is not a guarantee of the quality of the contractor’s earthwork operations. 6.5 Site Grading Site grading operations, where required, should be performed in accordance with the recommendations provided in this report. The site grading plans and construction should strive Project No. 21-25390 9 | P a g e to achieve positive drainage around all sides of the proposed pavement. Inadequate drainage around structures built on-grade will cause excessive vertical differential movements to occur. 6.6 Construction Observations In any geotechnical study, the design recommendations are based on a limited amount of information about the subsurface conditions. In the analysis, the geotechnical engineer must assume the subsurface conditions are similar to the conditions encountered in the borings; however, anomalies in the subsurface conditions are quite often revealed during construction. The potential for the presence of varied geologic formations and significantly different support conditions at this site, which could result in changes in our design recommendations, increases the risk of damaging soil movements at this site. It is recommended that Rone be retained to observe earthwork operations and foundation construction, and perform materials evaluation and testing during the construction phase of the project. This enables the geotechnical engineer to stay abreast of the project and to be readily available to evaluate unanticipated conditions, to conduct additional tests if required and, when necessary, to recommend alternative solutions to unanticipated conditions. We recommend that construction phase observation and materials testing commence by the project geotechnical engineer at the outset of the project. Experience has shown that the most suitable method for procuring these services is for the owner to contract directly with the project geotechnical engineer. This results in a clear, direct line of communication between the owner and the owner's design engineers, and the geotechnical engineer. 7.0 STUDY CLOSURE The analyses, conclusions, and recommendations contained in this report are based on site conditions as they existed at the time of the field exploration, and further on the assumption that the exploratory borings are representative of the subsurface conditions throughout the site; that is, the subsurface conditions everywhere are not significantly different from those disclosed by the borings at the time they were completed. If during construction, different subsurface conditions from those encountered in our borings are observed, or appear to be present in excavations, we must be advised promptly so that we can review these conditions and reconsider our recommendations where necessary. If there is a substantial lapse of time (longer than approximately 12 months) between submission of this report and the start of the work at the site, if conditions have changed due either to natural causes or to construction operations at or Project No. 21-25390 10 | P a g e adjacent to the site, or if structure locations, structural loads or finish grades are changed, we urge that we be promptly informed and retained to review our report to determine the applicability of the conclusions and recommendations, considering the changed conditions and/or time lapse. Further, it is urged that Rone Engineering Services, Ltd., be retained to review those portions of the plans and specifications for this particular project that pertain to earthwork and foundations as a means to determine whether the plans and specifications are consistent with the recommendations contained in this report. In addition, we are available to observe construction, particularly the compaction of structural fill, or backfill and the construction of foundations as recommended in the report and such other field observations as might be necessary. This report has been prepared for the exclusive use of the client and their designated agents for specific application to design of this project. We have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. No warranty, expressed or implied, is made or intended. 8.0 COPYRIGHT 2021 RONE ENGINEERING SERVICES, LTD. This document, including all text and graphics, are copyrighted materials that are the property of Rone Engineering Services, Ltd. except as otherwise noted. This document may not be used, in whole or in part, without the express written permission of Rone Engineering Services, Ltd. APPENDIX A APPROVED BY: REVISED BY: DRAWN BY: FILE NAME: PROJECT NO: DATE: DATE: DATE: CM REVISED BY:DATE: RR 21-25390 2125390.DWG 8-30-2021 8-30-2021 PLATE A.1 VICINITY MAP HULEN TRAILS PHASE 4 FINAL WEST CLEBURNE CROWLEY ROAD, SOUTH HULEN STREET FORT WORTH, TEXAS SCALE: NTS ENGINEERING SITE PLATE A.2 GEOLOGY MAP HULEN TRAILS PHASE 4 FINAL WEST CLEBURNE CROWLEY ROAD, SOUTH HULEN STREET FORT WORTH, TEXAS SCALE: NTS APPROVED BY: REVISED BY: DRAWN BY: FILE NAME: PROJECT NO: DATE: DATE: DATE: CM REVISED BY:DATE: RR 21-25390 2125390.DWG 8-30-2021 8-30-2021 ENGINEERING SITE 1110987654321123456789101112131428272625242322212019181716151234567891011121314282726252423222120191817161512345678910111213123456789101112131415123456789101112131415282726252423222120191817163029191817161514131211109212087654321424345474241444641HITCHING POST DRIVEWATER LILY LANEMEADOW VISTA LANEELK RIDGE DRIVE MALACHITE DRIVE BRADFORD GROVE TRAIL WEST CLEBURNE CROWLEY ROAD WEST CLEBURNE ROADSOUTH HULEN STREETB-1B-2B-3B-15B-13B-14B-16B-18B-17B-19B-31B-29B-30B-34B-36B-35B-37B-40B-38B-39B-33B-32B-4B-6B-5B-7B-12B-10B-11B-9B-20B-22B-21B-23B-24B-8B-28B-26B-27B-2512131415161718APPROVED BY:REVISED BY:DRAWN BY:FILE NAME:PROJECT NO:DATE:DATE:DATE:REVISED BY:DATE:CMPLATE A.3BORING LOCATION DIAGRAMHULEN TRAILS PHASE 4 FINALWEST CLEBURNE CROWLEY ROAD, SOUTH HULEN STREET FORT WORTH, TEXASRR21-253902125390.DWG8-30-20218-30-2021ENGINEERINGSCALE: NTS 14 25 25 104 832.0 824.0 820.0 FAT CLAY (CH) - dark brown with organics, calcareous nodules, and trace gravel WEATHERED LIMESTONE - tan with clay layers LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 841.0 Feet Approximate Grading = 1.0 Foot Fill 75-24-51 3.0 4.5+ 4.5+ 2.25 4.5+ 50/¾"50/¼" 50/½"50/¼" 50/½"50/¼" 93 Log B-1 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58665° N 97.40266° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 42, Lot 10 7-27-21 Approximate Surface Elevation = 840.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.4 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 21 20 17 92 104 836.0 832.0 827.0 820.0 FAT CLAY (CH) - dark brown with organics, calcareous nodules, and weathered limestone fragments WEATHERED LIMESTONE - tan severly weathered limestone fragments with tan clay and calcareous deposits LEAN CLAY (CL) - light gray to reddish brown with ferrous stains WEATHERED LIMESTONE - tan Boring Terminated at Approximately 20 Feet Proposed Elevation = 839.4 Feet Approximate Grading = 0.6 Feet Cut 63-21-42 46-16-30 4.3 0.3 4.5+ 4.5+ 50/¾"50/¼" 50/½"50/¼" 50/¼"50/¼" 82 92 Log B-2 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58667° N 97.40205° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 42, Lot 6 7-28-21 Approximate Surface Elevation = 840.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.5 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 17 21 20 98 104 836.0 832.0 828.0 823.0 820.0 FAT CLAY (CH) - dark brown with organics, calcareous nodules, and weathered limestone fragments WEATHERED LIMESTONE - tan severly weathered limestone fragments with tan clay and calcareous deposits FAT CLAY (CH) - light gray to reddish brown with ferrous stains and calcareous nodules WEATHERED LIMESTONE - tan with clay layers LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 837.8 Feet Approximate Grading = 2.2 Feet Cut 59-20-39 67-23-44 3.3 0.4 4.25 1.75 4.5+ 50/½"50/¼" 50/¼"50/¼" 50/¼"50/¼" 79 91 3,080 Log B-3 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58665° N 97.40144° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 42, Lot 2 7-27-21 Approximate Surface Elevation = 840.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.6 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 20 24 834.0 820.0 818.0 FAT CLAY (CH) - dark brown with organics, calcareous nodules, and weathered limestone fragments WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 835.7 Feet Approximate Grading = 2.3 Feet Cut 3.50 1.50 50/1"50/¼" 50/¾"50/¼" 50/¼"50/¼" 50/¼"50/¼" Log B-4 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58669° N 97.40063° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 41, Lot 20 7-27-21 Approximate Surface Elevation = 838.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.7 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 23 25 17 101 832.0 827.0 820.0 816.0 FAT CLAY (CH) - dark brown with organics and calcareous nodules CLAYEY GRAVEL (GC) - severly weathered limestone fragments with tan calcareous clay layers, calcareous deposits, and ferrous stains WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 833.6 Feet Approximate Grading = 2.4 Feet Cut 61-24-37 0.2 4.5+ 4.5+ 4.5+ 50/1"50/¼" 50/¼"50/¼" 50/¼"50/¼" 49 Log B-5 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58668° N 97.40014° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 41, Lot 16 7-27-21 Approximate Surface Elevation = 836.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.8 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 24 29 76 831.0 820.0 815.0 FAT CLAY (CH) - dark brown with organics, sand, and calcareous nodules WEATHERED LIMESTONE - severly weathered, with tan calcareous clay layers throughout LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 836.5 Feet Approximate Grading = 1.5 Feet Fill 66-25-41 1.0 4.5+ 4.5+ 50/¼"50/¼" 50/¼"50/¼" 50/¼"50/¼" 50/¼"50/14" 80 Log B-6 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58669° N 97.39945° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 41, Lot 12 7-27-21 Approximate Surface Elevation = 835.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.9 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 23 21 17 10 14 14 97 108 830.0 826.0 823.0 817.0 814.0 FAT CLAY (CH) - dark brown with organics and calcareous nodules SANDY LEAN CLAY (CL) - reddish brown to tan with gravel, calcareous nodules and ferrous stains LEAN CLAY (CL) - light gray to tan, with calcareous deposits, weathered limestone fragments, and ferrous stains WEATHERED LIMESTONE - tan, with clay layers LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 835.7 Feet Approximate Grading = 1.6 Feet Fill 44-17-27 38-16-22 0.0 0.8 2.75 4.5+ 2.00 4.5+ 4.5+ 50/1" 50/1" 51 85 29,540 Log B-7 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58669° N 97.39861° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 41, Lot 8 7-26-21 Approximate Surface Elevation = 834.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.10 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 21 11 11 13 14 91 834.0 828.0 823.0 816.0 FAT CLAY (CH) - dark brown with organics and calcareous nodules SANDY LEAN CLAY (CL) - tan to light tan with calcareous deposits, calcareous nodules, and ferrous stains WEATHERED LIMESTONE - tan, with clay layers LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 836.7 Feet Approximate Grading = 0.6 Feet Fill 38-18-20 0.0 3.50 4.5+ 4.5+ 4.5+ 50/1" 50/¼"50/¼" 50/¼"50/¼" 64 53 Log B-8 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58643° N 97.39797° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 41, Lot 5 7-27-21 Approximate Surface Elevation = 836.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.11 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 23 23 13 12 110 97 832.0 827.0 819.0 816.0 FAT CLAY (CH) - dark brown with organics, sand, and calcareous nodules SANDY LEAN CLAY (CL) - brown to light tan with calcareous nodules and ferrous stains - light tan with calcareous deposits, ferrous stains, and weathered limestone fragments WEATHERED LIMESTONE - severly weathered with tan calcareous clay layers, calcareous deposits, and ferrous stains - hard rock, little clay LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 836.6 Feet Approximate Grading = 0.5 Feet Fill 82-32-50 26-14-12 2.1 0.0 4.5+ 4.5+ 4.5+ 4.00 50/¼"50/¼" 50/½"50/¼" 50/¼"50/¼" 86 53 Log B-9 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58619° N 97.39890° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 44, Lot 13 7-28-21 Approximate Surface Elevation = 836.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.12 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 23 13 12 14 112 835.0 828.0 821.0 817.0 FAT CLAY (CH) - dark brown with organics and calcareous nodules SANDY LEAN CLAY (CL) - brown, with ferrous stains, weathered limestone fragments, and calcareous nodules - tan to reddish brown WEATHERED LIMESTONE - tan, with clay layers LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 837.8 Feet Approximate Grading = 0.8 Feet Fill 31-15-16 0.0 4.5+ 4.5+ 4.5+ 1.50 50/½"50/¼" 50/¼"50/¼" 50/¼"50/¼" 63 Log B-10 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58618° N 97.39963° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 44, Lot 9 7-28-21 Approximate Surface Elevation = 837.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.13 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 26 20 13 14 100 834.0 830.0 821.0 818.0 FAT CLAY (CH) - dark brown with organics, weathered limestone fragments, and calcareous nodules LEAN CLAY (CL) - tan to brown with weathered limestone fragments and ferrous stains WEATHERED LIMESTONE - severly weathered with tan calcareous clay layers, calcareous deposits, and ferrous stains - hard rock, little clay LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 839.0 Feet Approximate Grading = 1.0 Feet Fill 33-14-19 0.0 2.00 4.5+ 4.5+ 4.5+ 50/¼"50/¼" 50/¼"50/¼" 50/¼"50/¼" 75 Log B-11 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58617° N 97.40029° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 44, Lot 5 7-28-21 Approximate Surface Elevation = 838.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.14 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 21 20 17 95 90 834.0 829.0 821.0 818.0 FAT CLAY (CH) - dark brown with organics, weathered limestone fragments, and calcareous nodules SANDY FAT CLAY (CH) - tan, with weathered limestone fragements WEATHERED LIMESTONE - severly weathered with tan calcareous clay layers, calcareous deposits, and ferrous stains - hard rock, little clay LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 840.2 Feet Approximate Grading = 2.1 Feet Fill 59-21-38 58-11-47 3.4 0.0 4.5+ 4.5+ 3.75 50/¼"50/¼" 50/½"50/¼" 50/¼"50/¼" 80 65 Log B-12 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58615° N 97.40093° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 44, Lot 1 7-28-21 Approximate Surface Elevation = 838.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.15 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 23 19 101 836.0 823.0 820.0 FAT CLAY (CH) - dark brown with organics and calcareous nodules WEATHERED LIMESTONE - severly weathered with tan calcareous clay layers, calcareous deposits, and ferrous stains - hard rock, little clay LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 843.4 Feet Approximate Grading = 3.4 Feet Fill 57-19-38 1.6 4.5+ 4.5+ 50/¼"50/¼" 50/½"50/¼" 50/¼"50/¼" 50/¼"50/¼" 75 Log B-13 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58614° N 97.40173° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 43, Lot 11 7-28-21 Approximate Surface Elevation = 840.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.16 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 18 11 31 92 832.0 824.0 821.0 FAT CLAY (CH) - dark brown with organics and calcareous nodules - tan with weathered limestone fragments WEATHERED LIMESTONE - severly weathered with tan calcareous clay layers, calcareous deposits, and ferrous stains - hard rock, little clay Boring Terminated at Approximately 20 Feet Proposed Elevation = 844.4 Feet Approximate Grading = 3.4 Feet Fill 72-28-44 0.9 4.5+ 2.75 1.50 50/¾"50/¼" 50/½"50/¼" 50/¼"50/¼" 82 Log B-14 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58615° N 97.40236° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 43, Lot 7 7-28-21 Approximate Surface Elevation = 841.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.17 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 25 22 19 21 23 99 838.0 832.0 820.0 FAT CLAY (CH) - dark brown with organics, ferrous stains, and calcareous nodules SANDY FAT CLAY (CH) - dark brown to tan - tan with weathered limestone fragments, ferrous stains, and calcareous deposits - dark brown with calcareous nodules WEATHERED LIMESTONE - tan, severly weathered Boring Terminated at Approximately 20 Feet Proposed Elevation = 843.4 Feet Approximate Grading = 3.4 Feet Fill 59-19-40 0.4 3.25 4.5+ 1.00 1.25 50/1" 50/½"50/¼" 50/¼"50/¼" 66 25,160 Log B-15 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58614° N 97.40297° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 43, Lot 3 7-28-21 Approximate Surface Elevation = 840.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.18 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 22 22 19 104 838.0 833.0 826.0 822.0 FAT CLAY (CH) - dark brown with organics, ferrous stains, and calcareous nodules SANDY FAT CLAY (CH) - tan to brown with ferrous stains, calcareous nodules and weathered limestone fragments WEATHERED LIMESTONE - severly weathered with tan calcareous clay layers, calcareous deposits, and ferrous stains - hard rock, little clay LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 846.5 Feet Approximate Grading = 4.5 Feet Fill 70-26-44 1.1 4.5+ 4.5+ 4.5+ 50/¼"50/¼" 50/¼"50/¼" 50/¼"50/¼" 69 Log B-16 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58579° N 97.40327° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 43, Lot 28 7-29-21 Approximate Surface Elevation = 842.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.19 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 19 15 27 114 832.0 825.0 821.0 FAT CLAY (CH) - dark brown to tan with organics, ferrous stains, sand, and calcareous nodules - tan to brown with ferrous stains, calcareous nodules and weathered limestone fragments WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 843.4 Feet Approximate Grading = 2.4 Feet Fill 53-16-37 4.1 4.5+ 3.25 2.75 50/¼"50/¼" 50/¼"50/¼" 50/¼"50/¼" 75 Log B-17 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58580° N 97.40266° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 43, Lot 24 7-29-21 Approximate Surface Elevation = 841.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.20 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 28 18 12 98 837.0 832.0 824.0 821.0 FAT CLAY (CH) - dark brown with organics, ferrous stains, sand, and calcareous nodules SANDY LEAN CLAY (CL) - tan to brown with ferrous stains, calcareous nodules and weathered limestone fragments WEATHERED LIMESTONE - severly weathered with tan calcareous clay layers, calcareous deposits, and ferrous stains - hard rock, little clay LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 844.5 Feet Approximate Grading = 3.5 Feet Fill 63-19-44 1.3 4.5+ 4.5+ 9-5-9N=14 50/¼"50/¼" 50/½"50/¼" 50/¼"50/¼" 84 Log B-18 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58579° N 97.40203° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 43, Lot 20 7-29-21 Approximate Surface Elevation = 841.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.21 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 27 16 11 17 82 111 837.0 832.0 824.0 821.0 FAT CLAY (CH) - dark brown with organics, sand, ferrous stains, and calcareous nodules LEAN CLAY(CL) - tan to light gray with ferrous stains, calcareous nodules and weathered limestone fragments WEATHERED LIMESTONE - severly weathered with tan calcareous clay layers, calcareous deposits, and ferrous stains - hard rock, little clay LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 845.4 Feet Approximate Grading = 4.4 Feet Fill 74-29-45 32-15-17 3.3 0.0 4.00 4.5+ 4.5+ 4.5+ 50/¼"50/¼" 50/½"50/¼" 50/¼"50/¼" 87 87 Log B-19 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58581° N 97.40144° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 43, Lot 16 7-27-21 Approximate Surface Elevation = 841.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.22 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 24 18 12 19 107 836.0 832.0 824.0 820.0 FAT CLAY (CH) - dark brown with organics, ferrous stains, and calcareous nodules SANDY LEAN CLAY (CL) - tan to brown with calcareous deposits, ferrous stains, amd weathered limestone fragments WEATHERED LIMESTONE - severly weathered with tan calcareous clay layers, calcareous deposits, and ferrous stains - hard rock, little clay LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 841.5 Feet Approximate Grading = 1.5 Feet Fill 40-17-23 0.0 4.5+ 4.5+ 4.5+ 4.5+ 50/½"50/¼" 50/¼"50/¼" 50/¼"50/¼" 70 Log B-20 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58582° N 97.40063° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 44, Lot 28 7-29-21 Approximate Surface Elevation = 840.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.23 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 23 12 10 16 14 93 113 837.0 829.0 822.0 819.0 FAT CLAY (CH) - dark brown with organics and calcareous nodules SANDY LEAN CLAY (CL) - brown to tan with weathered limestone fragments, calcareous nodules, and ferrous stains - tan WEATHERED LIMESTONE - tan, hard rock LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 839.5 Feet Approximate Grading = 0.5 Feet Fill 49-22-27 44-15-29 0.2 0.0 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 50/¼"50/¼" 50/¼"50/¼" 73 57 Log B-21 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58584° N 97.39998° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 44, Lot 24 7-29-21 Approximate Surface Elevation = 839.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.24 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 25 20 22 89 91 831.0 821.0 818.0 FAT CLAY (CH) - dark brown to brown with organics, sand, and calcareous nodules - brown, with weathered limestone fragments WEATHERED LIMESTONE - severly weathered with tan calcareous clay layers, calcareous deposits, and ferrous stains - hard rock, little clay LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 838.3 Feet Approximate Grading = 0.3 Feet Fill 57-21-36 53-22-31 0.6 0.0 4.5+ 4.5+ 4.5+ 50/½"50/¼" 50/¼"50/¼" 50/¼"50/¼" 83 73 Log B-22 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58585° N 97.39926° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 44, Lot 20 7-29-21 Approximate Surface Elevation = 838.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.25 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 20 13 12 18 82 112 829.0 822.0 818.0 LEAN CLAY (CL) - dark brown to brown with organics, weathered limestone fragments, and calcareous nodules - tan to brown, with calcareous deposits, sand, and calcareous nodules WEATHERED LIMESTONE - severly weathered with tan calcareous clay layers, calcareous deposits, and ferrous stains - hard rock, little clay LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 840.2 Feet Approximate Grading = 2.1 Feet Fill 48-20-28 47-18-29 0.0 0.6 4.5+ 4.5+ 4.5+ 4.5+ 50/½"50/¼" 50/½"50/¼" 50/¼"50/¼" 71 90 Log B-23 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58584° N 97.39850° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 44, Lot 16 7-28-21 Approximate Surface Elevation = 838.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.26 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 18 15 13 9 13 87 828.0 818.0 SANDY LEAN CLAY (CL) - dark brown to reddish tan with organics and calcareous nodules - brown to tan with weathered limestone fragments and ferrous stains - ligh tan to reddish tan with calcareous deposits and weathered limestone fragments LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 839.3 Feet Approximate Grading = 1.3 Feet Fill 38-20-18 31-15-16 0.0 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 50/¼"50/¼" 50/¼"50/¼" 70 Log B-24 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58580° N 97.39799° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 41, Lot 1 7-28-21 Approximate Surface Elevation = 838.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.27 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 19 12 14 114 833.0 822.0 819.0 LEAN CLAY (CL) - dark brown to light brown with organics, sand, and calcareous nodules - light brown with sand and ferrous stains WEATHERED LIMESTONE - tan with clay layers LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 838.9 Feet Approximate Grading = 0.1 Feet Cut 27-15-12 0.2 4.5+ 4.50 3.75 50/¾"50/½" 50/½"50/¼" 50/¼"50/¼" 84 Log B-25 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58533° N 97.39888° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 46, Lot 13 8-2-21 Approximate Surface Elevation = 839.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.28 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 22 16 12 15 19 116 828.0 823.0 820.0 LEAN CLAY (CL) - dark brown to light brown with organics and calcareous nodules - light brown with ferrous stains WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 838.9 Feet Approximate Grading = 1.1 Feet Cut 32-14-18 0.0 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 50/½"50/¼" 50/½"50/¼" 94 Log B-26 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58533° N 97.39963° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 46, Lot 9 8-2-21 Approximate Surface Elevation = 840.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.29 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 20 12 15 12 17 119 831.0 826.0 821.0 LEAN CLAY (CL) - dark brown to light brown with organics and calcareous nodules - light brown with sand and ferrous stains WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 840.1 Feet Approximate Grading = 1.0 Feet Cut 27-14-13 0.0 4.5+ 4.5+ 3.75 4.5+ 4.5+ 50/¼"50/¼" 50/¼"50/¼" 72 Log B-27 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58530° N 97.40029° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 46, Lot 5 8-2-21 Approximate Surface Elevation = 841.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.30 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 24 18 15 16 96 106 839.0 835.0 827.0 823.0 FAT CLAY (CH) - dark brown with organics and trace gravel LEAN CLAY (CL) - light brown with ferrous stains and trace gravel WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 843.7 Feet Approximate Grading = 0.7 Feet Fill 69-29-40 30-13-17 3.5 0.0 4.5+ 4.5+ 4.5+ 4.5+ 50/1"50/½" 50/½"50/¼" 50/½"50/¼" 88 88 Log B-28 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58529° N 97.40090° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 46, Lot 1 8-2-21 Approximate Surface Elevation = 843.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.31 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 21 12 11 14 18 97 841.0 831.0 823.0 FAT CLAY (CH) - dark brown with organics and calcareous nodules LEAN CLAY (CL) - dark brown to light brown with sand and calcareous nodules - light brown with sand and ferrous stains LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 845.1 Feet Approximate Grading = 2.0 Feet Fill 45-19-26 0.4 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 50/½"50/¼" 50/½"50/¼" 77 Log B-29 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58528° N 97.40172° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 45, Lot 11 8-2-21 Approximate Surface Elevation = 843.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.32 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 20 24 16 19 118 838.0 831.0 825.0 822.0 FAT CLAY (CH) - dark brown with organics and calcareous nodules LEAN CLAY (CL) - light brown with sand and ferrous stains WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 843.9 Feet Approximate Grading = 1.9 Feet Fill 37-14-23 0.1 4.5+ 4.00 4.5+ 4.5+ 2.25 50/½"50/¼" 50/¼"50/¼" 86 Log B-30 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58528° N 97.40234° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 45, Lot 7 8-2-21 Approximate Surface Elevation = 842.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.33 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 18 12 13 15 117 839.0 835.0 825.0 823.0 LEAN CLAY (CL) - dark brown to light brown with organics, ferrous stains, and calcareous nodules CLAYEY GRAVEL (GC) - severly weathered limestone with tan calcareous clay layers, calcareous deposits, and ferrous stains WEATHERED LIMESTONE - hard rock, little clay LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 843.8 Feet Approximate Grading = 0.8 Feet Fill 43-17-26 0.0 4.5+ 4.5+ 4.50 3.75 50/1"50/½" 50/½"50/¼" 50/¼"50/¼" 49 Log B-31 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58526° N 97.40293° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 45, Lot 3 8-2-21 Approximate Surface Elevation = 843.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.34 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 25 16 13 105 839.0 828.0 825.0 FAT CLAY (CH) - dark brown to light brown with organics, sand, and calcareous nodules - light brown with sand and ferrous stains WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 845.9 Feet Approximate Grading = 0.9 Feet Fill 58-21-37 2.7 4.5+ 4.5+ 4.5+ 50/1"50/½" 50/½"50/¼" 50/¼"50/¼" 71 Log B-32 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58545° N 97.40372° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 42, Lot 14 8-2-21 Approximate Surface Elevation = 845.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.35 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 21 26 19 108 841.5 839.5 828.5 825.5 FAT CLAY (CH) - dark brown with organics and calcareous nodules SANDY LEAN CLAY (CL) - light brown with weathered limestone fragments and ferrous stains WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 846.2 Feet Approximate Grading = 0.6 Feet Fill 43-16-27 0.0 4.5+ 2.50 4.5+ 50/1"50/½" 50/½"50/¼" 50/¼"50/¼" 68 Log B-33 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58486° N 97.40372° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 42, Lot 18 8-2-21 Approximate Surface Elevation = 845.5 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.36 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 16 22 17 19 112 840.0 836.0 826.0 824.0 FAT CLAY (CH) - dark brown with organics and calcareous nodules SANDY LEAN CLAY (CL) - light brown with weathered limestone fragments and ferrous stains WEATHERED LIMESTONE - tan with clay layers LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 844.9 Feet Approximate Grading = 0.9 Feet Fill 37-15-22 0.0 4.5+ 4.5+ 4.50 4.5+ 50/1"50/¼" 50/½"50/¼" 50/¼"50/¼" 54 Log B-34 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58494° N 97.40326° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 45, Lot 28 8-3-21 Approximate Surface Elevation = 844.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.37 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 15 17 18 21 19 96 97 831.0 826.0 823.0 SANDY LEAN CLAY (CL) - dark brown to reddish tan with organics, ferrous stains, and calcareous nodules - reddish tan to light gray with weathered limestone fragments and ferrous stains WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 844.7 Feet Approximate Grading = 1.6 Feet Fill 49-19-30 41-14-27 5.9 0.0 4.5+ 4.5+ 4.5+ 3.00 4.5+ 50/¼"50/¼" 50/¼"50/¼" 67 72 29,140 Log B-35 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58494° N 97.40264° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 45, Lot 24 7-27-21 Approximate Surface Elevation = 843.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.38 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 23 19 21 16 19 92 104 838.0 833.0 827.0 824.0 FAT CLAY (CH) - dark brown with organics and calcareous nodules LEAN CLAY (CL) - light brown with weathered limestone fragments, sand, and ferrous stains WEATHERED LIMESTONE - tan with clay layers LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 845.9 Feet Approximate Grading = 1.9 Feet Fill 73-27-46 32-15-17 6.9 0.0 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 50/½"50/¼" 50/¼"50/¼" 89 83 Log B-36 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58493° N 97.40202° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 45, Lot 20 8-3-21 Approximate Surface Elevation = 844.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.39 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 23 14 11 15 18 111 842.0 834.0 829.0 824.0 FAT CLAY (CH) - dark brown with organics and calcareous nodules LEAN CLAY (CL) - dark brown to light brown with sand and calcareous nodules - light brown with sand and ferrous stains WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 847.1 Feet Approximate Grading = 3.1 Feet Fill 30-14-16 0.0 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 50/½"50/¼" 50/½"50/¼" 84 Log B-37 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58496° N 97.40142° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 45, Lot 16 8-3-21 Approximate Surface Elevation = 844.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.40 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 18 18 26 13 14 117 834.5 825.5 LEAN CLAY (CL) - dark brown to light brown with organics, gravel, and calcareous nodules - light brown with sand and ferrous stains WEATHERED LIMESTONE - tan Boring Terminated at Approximately 20 Feet Proposed Elevation = 846.7 Feet Approximate Grading = 1.2 Feet Fill 30-14-16 0.0 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 50/½"50/¼" 50/¼"50/¼" 81 Log B-38 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58444° N 97.40171° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 47, Lot 10 8-3-21 Approximate Surface Elevation = 845.5 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.41 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 16 19 17 13 105 840.0 836.0 826.0 825.0 FAT CLAY (CH) - dark brown with organics, sand, and calcareous nodules LEAN CLAY (CL) - light brown with sand and ferrous stains WEATHERED LIMESTONE - tan, with clay layers LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 845.5 Feet Approximate Grading = 0.5 Feet Fill 65-21-44 4.6 4.5+ 4.5+ 4.5+ 4.5+ 50/1"50/½" 50/½"50/¼" 50/¼"50/¼" 81 Log B-39 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58443° N 97.40232° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 47, Lot 6 8-3-21 Approximate Surface Elevation = 845.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.42 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. 9 20 22 11 11 93 122 833.0 827.0 824.0 LEAN CLAY (CL) - dark brown to light brown with organics, sand, and calcareous nodules - light brown with sand, weathered limestone fragments, and ferrous stains WEATHERED LIMESTONE - tan, with clay layers LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 844.3 Feet Approximate Grading = 0.3 Feet Fill 38-18-20 35-14-21 0.7 0.0 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 50/½"50/¼" 50/¼"50/¼" 76 71 Log B-40 SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58442° N 97.40293° W Driller: Scott- DAS Drilling Method: Continuous Flight Augers Date SPT or TCPBoring Location Block 47, Lot 2 8-3-21 Approximate Surface Elevation = 844.0 feet PenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Plate A.43 Stratum Description Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas This boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 21-25390 Dry Unit Weight, pcfWater Level Observations (feet) While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft. SOIL OR ROCK TYPES TERMS DESCRIBING CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL Fine Grained Soils (More than 50% Passing No. 200 Sieve) Consistency Very Soft Soft Firm Hard Very Hard Penetrometer Reading, (tsf) < 0.5 0.5 to 1.0 1.0 to 2.0 2.0 to 4.0 > 4.0 Unconfined Compression, (psf) < 1000 1000 to 2000 2000 to 4000 4000 to 8000 > 8000 Coarse Grained Soils (More than 50% Retained on No. 200 Sieve) Penetration Resistance (Blows / Foot) 0 to 4 4 to 10 10 to 30 30 to 50 Over 50 Descriptive Item Very Loose Loose Medium Dense Dense Very Dense Relative Density 0 to 20% 20 to 40% 40 to 70% 70 to 90% 90 to 100% Soil Structure Calcareous Slickensided Laminated Fissured Interbedded Contains appreciable deposits of calcium carbonate; generally nodular Having inclined planes of weakness that ate slick and glossy in appearance Composed of thin layers of varying color or texture Containing cracks, sometimes filled with fine sand or silt Composed of alternated layers of different soil types, usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Soft Moderately Hard Hard Very Hard Poorly Cemented or Friable Cemented Can be remolded in hand; corresponds in consistency up to hard in soils Can be scratched with fingernail Can be scratched easily with knife; cannot be scratched with fingernail Difficult to scratch with knife Cannot be scratched with knife Easily crumbled Bound together by chemically precipitated material; Quartz, calcite, dolomite, siderite, and iron oxide are common cementing materials. Degree of Weathering Unweathered Slightly Weathered Weathered Extremely Weathered Rock in its natural state before being exposed to atmospheric agents Noted predominantly by color change with no disintegrated zones Complete color change with zones of slightly decomposed rock Complete color change with consistency, texture, and general appearance approaching soil KEY TO CLASSIFICATION AND SYMBOLS PLATE A.44 Shelby Tube Split Spoon CFA Texas Cone Pen Rock Core DRILLING AND SAMPLING METHODS HSA Gravelly Lean Clay (CL) Undocumented Fill Lean Clay (CL) Fat Clay (CH) Gravelly Fat Clay (CH) Clayey Gravel (GC) Silt (ML) Poorly-Graded Sand (SP) Well-Graded Sand (SW) Clayey Sand (SC) Well-Graded Gravel (GW) Marl Weathered Shale Shale Weathered Limestone Limestone UNIFIED SOIL CLASSIFICATION SYSTEM PLATE A.45Coarse - Grained Soils(more than half of the material is larger than No. 200 Sieve size)Major Divisions Gravels(more than half of coarse fraction is largerthan No. 4 Sieve size)Sands(more than half of coarse fraction issmaller than No. 4 Sieve size)Sands with fines(Appreciableamount of fines)Clean sands(Little or no fines)Gravels with fines(Appreciableamount of fines)Clean gravels(Little or no fines)Grp. Sym. GW GP GM GC SW SP SM SC Typical Names Well graded gravels, gravel-sand mixtures, little or no fines Poorly graded gravels, gravel-sand mixtures, little or no fines Silty gravels, gravel - sand - silt mixtures Clayey gravels, gravel - sand - clay mixtures Well graded sands, gravelly sands, little or no fines Poorly graded sands, gravelly sands, little or no fines Silty sands, sand silt mixtures Clayey sands, sand clay mixtures Determine percentages of sand and gravel form grain size curve.Depending on percentage of fines (fraction smaller than No. 200 sieve size), coarse-grained soilsare classified as followsLess than 5 percent..............................GW,GP,SW,SPMore than 12 percent............................GM,GC,SM,SC5 to 12 percent......Borderline cases requiring dual symbolsLaboratory Classification Criteria C = ---- greater than 4:u D D60 10 C = ------ between 1 and 3cD x D (D )30 10 60 2 Not meeting all gradation requirements for GW Liquid and Plastic limits below "A" line or P.I. greater than 4 Liquid and Plastic limits above "A" line with P.I. greater than 7 Liquid and plastic limits plotting in hatched zone between 4 and 7 are borderline cases requiring use of dual symbols C = ---- greater than 6:u D D60 10 C = ------ between 1 and 3cD x D (D )30 10 60 2 Not meeting all gradation requirements for SW Liquid and Plastic limits below "A" line or P.I. less than 4 Liquid and Plastic limits above "A" line with P.I. greater than 7 Liquid and plastic limits plotting between 4 and 7 are borderline cases requiring use of dual symbols Fine - Grained Soils(more than half of the material is smaller than No. 200 Sieve)Silts and Clays(Liquid limit lessthan 50)Silts and Clays(Liquid limit greaterthan 50)HighlyOrganicsoilsML CL OL Inorganic silts and very fine sands, rock flour, silty or clayey fine sands, or clayey silts with slight plasticity Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, and lean clays Organic silts and organic silty clays of low plasticity MH CH OH Inorganic silts, micaceous or diatomaceous fine sandy or silty soils, elastic silts Inorganic clays of high plasticity, fat clays Organic clays of medium to high plasticity, organic silts Pt Peat and other highly organic soils CH OH and MH ML and OL"A" LineCL 10 20 30 40 50 60 10 20 30 40 50 60 70 80 90 1000 0 CL-MLPLASTICITY INDEXLIQUID LIMIT PLASTICITY CHART PLATE A.46 SWELL TEST RESULTS Hulen Trails Phase 4 Final West Cleburne Crowley Road, S. Hulen St Fort Worth, Texas Rone Project Number: 21-25390 Boring Depth (ft) Load (psf) Plasticity Index Percent Fines Moisture (%) Final Void Ratio Swell (%) Initial Final Increase Increase Potential B-1 2 375 51 93 25 34 9 9.2 0.91 3.0 B-2 0 125 41 82 22 31 9 9.3 0.83 4.3 B-2 8 1125 30 92 19 23 4 3.9 0.61 0.3 B-3 2 375 40 79 24 29 5 5.5 0.80 3.3 B-3 8 1125 43 91 25 27 2 2.7 0.74 0.4 B-5 4 625 37 49 15 22 7 7.0 0.60 0.2 B-6 2 375 41 80 27 32 5 5.3 0.86 1.0 B-7 4 625 27 51 17 17 1 1.0 0.47 0.0 B-7 8 1125 23 85 22 25 2 2.6 0.67 0.8 B-8 2 375 20 64 11 21 11 10.9 0.58 0.0 B-9 2 375 50 86 20 29 10 9.9 0.79 2.1 B-9 6 875 12 53 15 17 1 1.6 0.46 0.0 B-10 4 625 17 63 13 17 4 4.0 0.46 0.0 B-11 6 875 19 75 16 19 2 2.7 0.51 0.0 B-12 0 125 38 80 20 28 8 8.0 0.75 3.4 B-12 4 625 47 65 19 23 4 4.4 0.62 0.0 B-13 2 375 37 75 20 26 6 6.6 0.70 1.6 B-14 4 625 44 82 30 32 2 2.4 0.86 0.9 B-15 2 375 40 66 22 23 2 1.7 0.63 0.4 B-16 4 625 44 69 22 29 7 7.2 0.78 1.1 B-17 2 375 37 75 15 21 6 6.6 0.57 4.1 B-18 2 375 44 84 19 29 10 9.8 0.79 1.3 B-19 0 125 45 87 27 36 9 9.3 0.97 3.3 B-19 6 875 18 87 12 15 3 2.8 0.40 0.0 B-20 4 625 23 70 14 23 9 8.8 0.61 0.0 B-21 8 1125 29 57 18 20 1 1.5 0.53 0.0 PLATE A.46 Boring Depth (ft) Load (psf) Plasticity Index Percent Fines Moisture (%) Final Void Ratio Swell (%) Initial Final Increase Increase Potential B-22 2 375 36 83 19 35 15 15.7 0.94 0.6 B-22 4 625 31 73 13 27 14 14.3 0.74 0.0 B-23 4 625 28 71 14 21 7 7.6 0.57 0.0 B-23 6 875 30 90 17 20 3 3.0 0.55 0.6 B-24 4 625 18 70 12 22 11 10.9 0.61 0.0 B-25 2 375 12 84 12 18 6 6.4 0.49 0.2 B-26 4 625 19 94 12 16 4 4.1 0.43 0.0 B-27 6 875 13 72 13 15 1 1.6 0.40 0.0 B-28 0 125 40 88 23 35 12 12.3 0.95 3.5 B-28 4 625 17 88 16 18 2 1.8 0.47 0.0 B-29 2 375 27 77 13 24 11 11.4 0.65 0.4 B-30 4 625 24 86 16 18 2 2.4 0.50 0.1 B-31 6 875 25 49 19 20 1 1.0 0.53 0.0 B-32 2 375 37 71 16 23 8 7.8 0.63 2.7 B-33 4 625 27 68 17 18 1 1.6 0.50 0.0 B-34 6 875 22 54 16 18 3 2.7 0.50 0.0 B-35 0 125 30 67 18 29 12 12.0 0.80 5.9 B-35 6 875 27 72 21 22 1 1.0 0.59 0.0 B-36 0 125 46 89 23 34 10 10.7 0.91 6.9 B-36 8 1125 17 83 16 18 2 2.6 0.50 0.0 B-37 4 625 16 84 13 22 10 10.1 0.61 0.0 B-38 6 875 16 81 13 17 4 4.6 0.47 0.0 B-39 2 375 44 81 21 32 11 11.2 0.87 4.6 B-40 0 125 20 76 9 28 19 19.0 0.76 0.7 B-40 8 1125 21 71 12 19 7 7.1 0.52 0.0 PLATE A.47 SOLUBLE SULFATE TEST RESULTS Hulen Trails Phase 4 Final West Cleburne Crowley Road, South Hulen Street Fort Worth, Texas Rone Project Number: 21-25390 Boring Depth (feet) Sulfates (ppm) B-18 2-4 0 B-40 8-10 480 B-19 6-8 0 B-33 4-6 2,933 B-15 2-4 1,753 APPENDIX B B.1 FIELD OPERATIONS Subsurface conditions were defined by 40 borings located as shown on the Boring Location Diagram, Plate A.3. The borings were drilled at locations staked in the field by Rone. The borings were advanced between sample intervals using continuous-flight auger drilling procedures. The results of each boring, including sample depth, description, and soil classification based on the Unified Soil Classification System (USCS), are shown graphically on the boring logs, Plates A.4 through A.74. Keys to the symbols and terms used on the boring logs are also presented in Appendix A. Relatively undisturbed samples of cohesive soils were obtained with Shelby tube samplers in general accordance with ASTM D1587 at the locations and depths shown on the boring logs. The Shelby tube sampler consists of a steel tube with a sharp cutting edge connected to a head equipped with a ball valve threaded for rod connection. The tube is hydraulically pushed into the undisturbed soils by the drilling rig. The soil specimens were extruded from the tube in the field, logged, tested for consistency with a hand penetrometer, and sealed for transport to the laboratory. The consistency of cohesive soil samples was evaluated in the field using a calibrated hand penetrometer. In this test, a 0.25-inch diameter piston is pushed into the sample at a constant rate to a depth of 0.25-inch. The results of these tests are tabulated at the respective sample depths on the boring logs. When the capacity of the penetrometer is exceeded, the value is tabulated as “4.5+”. Samples of stiff and/or granular materials were obtained using split-barrel sampling procedures in general accordance with ASTM D1586. In the split-barrel procedure, a disturbed sample is obtained in a standard 2-inch OD split-barrel sampler driven 18 inches into the ground using a 140-pound hammer falling freely 30 inches. The number of blows for the last 12 inches of the 18- inch penetration is recorded as the Standard Penetration Test resistance (N-value). The N-values are recorded on the Logs of Boring at the depth of sampling. The samples were packaged and returned to our laboratory for further examination and testing. Rock and rock-like materials encountered in the borings were evaluated with a modified version of the Texas Cone Penetration (TCP) test. Texas Department of Transportation (TxDOT) Test Method Tex-132-E specifies driving a 3-inch diameter cone with a 170-pound hammer freely falling B.1 24 inches. This results in 340 foot-pounds of energy for each hammer blow. This method was modified by using a 140-pound hammer falling 30 inches, resulting in 350 foot-pounds of per blow. In relatively soft materials, the penetrometer cone is driven 1 foot and the number of blows required for each 6-inch increment is recorded at the respective test depth on the log of boring. In hard materials (rock or rock-like), the penetrometer cone is driven 100 blows, and the resulting penetration distances are recorded in inches for the first and second sets of 50 blows. The penetration for the total 100 blows is recorded at the respective testing depths on the Logs of Boring. Groundwater observations during and after completion of the borings are shown on each boring log. Upon completion of the borings, the boreholes were backfilled from the top with auger cuttings and plugged at the surface. B.2 LABORATORY TESTING General Laboratory tests were performed to define pertinent engineering characteristics of the soils encountered. The laboratory tests included moisture content, Atterberg limits determination, free swell tests, dry unit weight, unconfined compression, gradation, and visual classification. Classification Tests Classification of soils was verified by natural moisture content, gradation (percentage of material passing through a standard U.S. No. 200 sieve), and Atterberg limits determinations. These tests were performed in general accordance with the applicable American Society for Testing and Materials (ASTM) procedures. These test results are presented at their respective sample depths on the boring logs. Free Swell Tests In the free swell test, a sample is placed in a consolidometer and subjected to the estimated overburden pressure. The sample is then inundated with water and allowed to swell. The sample’s moisture content is determined both before and after completion of the test. The tests were generally performed on samples with moisture contents at or below their measured plastic limits. Test results are recorded as the percent swell, with initial and final moisture content. Free swell test results are presented in Appendix A. APPENDIX C Geotechnical-Engineering Report Important Information about This Subsurface problems are a principal cause of construction delays, cost overruns, claims, and disputes. While you cannot eliminate all such risks, you can manage them. The following information is provided to help. The Geoprofessional Business Association (GBA) has prepared this advisory to help you – assumedly a client representative – interpret and apply this geotechnical-engineering report as effectively as possible. In that way, you can benefit from a lowered exposure to problems associated with subsurface conditions at project sites and development of them that, for decades, have been a principal cause of construction delays, cost overruns, claims, and disputes. If you have questions or want more information about any of the issues discussed herein, contact your GBA-member geotechnical engineer. Active engagement in GBA exposes geotechnical engineers to a wide array of risk-confrontation techniques that can be of genuine benefit for everyone involved with a construction project. Understand the Geotechnical-Engineering Services Provided for this Report Geotechnical-engineering services typically include the planning, collection, interpretation, and analysis of exploratory data from widely spaced borings and/or test pits. Field data are combined with results from laboratory tests of soil and rock samples obtained from field exploration (if applicable), observations made during site reconnaissance, and historical information to form one or more models of the expected subsurface conditions beneath the site. Local geology and alterations of the site surface and subsurface by previous and proposed construction are also important considerations. Geotechnical engineers apply their engineering training, experience, and judgment to adapt the requirements of the prospective project to the subsurface model(s). Estimates are made of the subsurface conditions that will likely be exposed during construction as well as the expected performance of foundations and other structures being planned and/or affected by construction activities. The culmination of these geotechnical-engineering services is typically a geotechnical-engineering report providing the data obtained, a discussion of the subsurface model(s), the engineering and geologic engineering assessments and analyses made, and the recommendations developed to satisfy the given requirements of the project. These reports may be titled investigations, explorations, studies, assessments, or evaluations. Regardless of the title used, the geotechnical-engineering report is an engineering interpretation of the subsurface conditions within the context of the project and does not represent a close examination, systematic inquiry, or thorough investigation of all site and subsurface conditions. Geotechnical-Engineering Services are Performed for Specific Purposes, Persons, and Projects, and At Specific Times Geotechnical engineers structure their services to meet the specific needs, goals, and risk management preferences of their clients. A geotechnical-engineering study conducted for a given civil engineer will not likely meet the needs of a civil-works constructor or even a different civil engineer. Because each geotechnical-engineering study is unique, each geotechnical-engineering report is unique, prepared solely for the client. Likewise, geotechnical-engineering services are performed for a specific project and purpose. For example, it is unlikely that a geotechnical- engineering study for a refrigerated warehouse will be the same as one prepared for a parking garage; and a few borings drilled during a preliminary study to evaluate site feasibility will not be adequate to develop geotechnical design recommendations for the project. Do not rely on this report if your geotechnical engineer prepared it: • for a different client; • for a different project or purpose; • for a different site (that may or may not include all or a portion of the original site); or • before important events occurred at the site or adjacent to it; e.g., man-made events like construction or environmental remediation, or natural events like floods, droughts, earthquakes, or groundwater fluctuations. Note, too, the reliability of a geotechnical-engineering report can be affected by the passage of time, because of factors like changed subsurface conditions; new or modified codes, standards, or regulations; or new techniques or tools. If you are the least bit uncertain about the continued reliability of this report, contact your geotechnical engineer before applying the recommendations in it. A minor amount of additional testing or analysis after the passage of time – if any is required at all – could prevent major problems. Read this Report in Full Costly problems have occurred because those relying on a geotechnical- engineering report did not read the report in its entirety. Do not rely on an executive summary. Do not read selective elements only. Read and refer to the report in full. You Need to Inform Your Geotechnical Engineer About Change Your geotechnical engineer considered unique, project-specific factors when developing the scope of study behind this report and developing the confirmation-dependent recommendations the report conveys. Typical changes that could erode the reliability of this report include those that affect: • the site’s size or shape; • the elevation, configuration, location, orientation, function or weight of the proposed structure and the desired performance criteria; • the composition of the design team; or • project ownership. As a general rule, always inform your geotechnical engineer of project or site changes – even minor ones – and request an assessment of their impact. The geotechnical engineer who prepared this report cannot accept responsibility or liability for problems that arise because the geotechnical engineer was not informed about developments the engineer otherwise would have considered. Most of the “Findings” Related in This Report Are Professional Opinions Before construction begins, geotechnical engineers explore a site’s subsurface using various sampling and testing procedures. Geotechnical engineers can observe actual subsurface conditions only at those specific locations where sampling and testing is performed. The data derived from that sampling and testing were reviewed by your geotechnical engineer, who then applied professional judgement to form opinions about subsurface conditions throughout the site. Actual sitewide-subsurface conditions may differ – maybe significantly – from those indicated in this report. Confront that risk by retaining your geotechnical engineer to serve on the design team through project completion to obtain informed guidance quickly, whenever needed. This Report’s Recommendations Are Confirmation-Dependent The recommendations included in this report – including any options or alternatives – are confirmation-dependent. In other words, they are not final, because the geotechnical engineer who developed them relied heavily on judgement and opinion to do so. Your geotechnical engineer can finalize the recommendations only after observing actual subsurface conditions exposed during construction. If through observation your geotechnical engineer confirms that the conditions assumed to exist actually do exist, the recommendations can be relied upon, assuming no other changes have occurred. The geotechnical engineer who prepared this report cannot assume responsibility or liability for confirmation-dependent recommendations if you fail to retain that engineer to perform construction observation. This Report Could Be Misinterpreted Other design professionals’ misinterpretation of geotechnical- engineering reports has resulted in costly problems. Confront that risk by having your geotechnical engineer serve as a continuing member of the design team, to: • confer with other design-team members; • help develop specifications; • review pertinent elements of other design professionals’ plans and specifications; and • be available whenever geotechnical-engineering guidance is needed. You should also confront the risk of constructors misinterpreting this report. Do so by retaining your geotechnical engineer to participate in prebid and preconstruction conferences and to perform construction- phase observations. Give Constructors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can shift unanticipated-subsurface-conditions liability to constructors by limiting the information they provide for bid preparation. To help prevent the costly, contentious problems this practice has caused, include the complete geotechnical-engineering report, along with any attachments or appendices, with your contract documents, but be certain to note conspicuously that you’ve included the material for information purposes only. To avoid misunderstanding, you may also want to note that “informational purposes” means constructors have no right to rely on the interpretations, opinions, conclusions, or recommendations in the report. Be certain that constructors know they may learn about specific project requirements, including options selected from the report, only from the design drawings and specifications. Remind constructors that they may perform their own studies if they want to, and be sure to allow enough time to permit them to do so. Only then might you be in a position to give constructors the information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. Conducting prebid and preconstruction conferences can also be valuable in this respect. Read Responsibility Provisions Closely Some client representatives, design professionals, and constructors do not realize that geotechnical engineering is far less exact than other engineering disciplines. This happens in part because soil and rock on project sites are typically heterogeneous and not manufactured materials with well-defined engineering properties like steel and concrete. That lack of understanding has nurtured unrealistic expectations that have resulted in disappointments, delays, cost overruns, claims, and disputes. To confront that risk, geotechnical engineers commonly include explanatory provisions in their reports. Sometimes labeled “limitations,” many of these provisions indicate where geotechnical engineers’ responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. Geoenvironmental Concerns Are Not Covered The personnel, equipment, and techniques used to perform an environmental study – e.g., a “phase-one” or “phase-two” environmental site assessment – differ significantly from those used to perform a geotechnical-engineering study. For that reason, a geotechnical-engineering report does not usually provide environmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated subsurface environmental problems have led to project failures. If you have not obtained your own environmental information about the project site, ask your geotechnical consultant for a recommendation on how to find environmental risk-management guidance. Obtain Professional Assistance to Deal with Moisture Infiltration and Mold While your geotechnical engineer may have addressed groundwater, water infiltration, or similar issues in this report, the engineer’s services were not designed, conducted, or intended to prevent migration of moisture – including water vapor – from the soil through building slabs and walls and into the building interior, where it can cause mold growth and material-performance deficiencies. Accordingly, proper implementation of the geotechnical engineer’s recommendations will not of itself be sufficient to prevent moisture infiltration. Confront the risk of moisture infiltration by including building-envelope or mold specialists on the design team. Geotechnical engineers are not building-envelope or mold specialists. 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