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Contract 61438-PM1
CSC No. 61438-PM1 gRTWOwRTH PROJECT MANUAL FOR THE CONSTRUCTION OF WATER, SEWER, PAVING, DRAINAGE & STREET LIGHT IMPROVEMENTS TO SERVE TRAILS OF FOSSIL CREEK IPRC Record No. IPRC21-0059 City Project No. 103296 FID No.30114-0200431-103296-EO7685 X File No. X-26955 File No. W-2781 Mattie Parker David Cooke Mayor Christopher P. Harder, P.E. Director, Water Department City Manager Lauren L. Prieur, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth January 2024 MJ Thomas Engineering, LLC. 4700 Bryant Irvin Court, Suite 204 Fort Worth, TX 76107 TBPE Registration No. F-9435 F O° o ®®®®®®®®qs too MICHAEL A. THOMAS 93640 FS®®TEENIONAL S®��`�® 0510612024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 8 SECTION 00 0010 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions 00 11 13 layiia4ion t Bidders 21 t Last Revised 03,QO/2020 00 13 00 41 00 00 42 43 0043 13 lastfuetions Bidde :s Bid Fefm Proposal Form Unit Price Bid Ben 03 QO/2020 04 in s 05/22/2019 04 in 4 0045 Prequalification Statement ,/02/2014 09/01/2015 00 45 12 00 45 26 Contractor Compliance with Workers' Compensation Law Mine Business E i 04/02/2014 nQ i 004540 00 52 43 -ity fAer-prise Ge Agreement a 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 00 7200 Maintenance Bond Genef.,i Conditions 01/31/2012 i ii ii T 00 73 00 0073 10 S"piomentafy r,,.,difi np Standard City Conditions of the Construction Contract for Developer n7inm�vzi 01/10/2013 Awarded Projects Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting D-&*eet 08/30/2013 i2ni i 013120 01 32 33 Meetings Preconstruction Video �z 07i01 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 0177 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02 Existing Conditions 82413 Seleetiye Site Tlemel;tie Division 03Coner-ete 03 30 00 Ccol, . PLva Genefete ----------------- Division 31 Eacthw o r-k 31 0 Site Gleafin 312323 Beffe L Division 32 -Exterior- improvements 3 0118 Tempef ary ,o0ralt Per.,:.. 320129 Conefete Pa-y ng Repai Eawyant Tra Boa Base r 3'� Liquid Tfea4o l tail F,*eA%liz--f 32 141 4 16 Bfiak' TJ.-.,t,%-,4 ig 32 5 rw-b Address Paip ing 3231 3 CInr. Forzias a -ad Gates Date Modified CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 8 Division 33 Utilities 23 0130 S ewe „.1 A R.,„t.,,l o Testing 22�0 Pu. i/mg „f Existing Sewer- Systems 22� !''..,-.-esie„ Gentfel Tort St.,tiens 22�0 Cleaning a - ad A eeepta-nee Testing of'W4er- Mains33 04 50 Cleaning of Sewer- Mains 33-05 10 Utility Tronik E*eava�iar., Emtie. epA an Baekf;ll 3305 2 Water- Line Lower -in v 33 nc n 1 0�0, 11i�:", Valve Be*es . ,] „ Other- vtpaetLIfeste Grade Tz 22�0 Auger- Befing 330521 TuNPAYjl line 33-0522 Steel-Cm�,rvg- Pira 22�3 Hand Tumeli*g 22�T T„st.,ll.,ti „ f'Carrier- Pipe in !''asin . or -Tunnel 7 ; e - Dl to 33 1105 Mto, Nut, ur. s 2 2�0 Duet; l e T,-e Pipe ,2 11 11 Th,�I0�-, Fitr✓.agZ 33 11 2 Polyvinyl C l,.fide (Pecs Pme-jar J 13 11 12 Cenefet3 Ppo0 .C�' rc Pire, Bar- 3„, ed, Stool Cylinde - Type ?�3 11 11 fo� ie3 .1 P. - a„'1—x7,-., s 22�0 Water- Se -vices 1 ifieh t.. 2 ell 33 1220 Resilient Sea4e l G4e Valve 22 zzzT AWAiA Rubber- Seated Butter -fly Valves 22�7 Arco `I7 22�0 Em'�i-natia„ A;,. v.ye A ss0,, bliw, for Ll1W.,j W.,to Systems 331240 Fire K-ydfafAs 33 1250 star Ewmr).amiens 22�0 St.,„,1.,,-,a Blow off Valve A ssem ! 3331 3 Fibefglwa P ok-f;,fee Pipe for- r -a-y t gGaita7y-Sewefs CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 8 3,32 ?% IS High Pensit-y Polyethylene (14PPR) Pipe by SaGx1-;—Sewef 22 3121 Uffitury of Pipe 22 21 77 C`afi t., y Se T �z naxxxsary-vc�rOY F%%1t, �ll%X�'ig 333930 Fiber -glass Manholes 333940 Wastewater- Aeeess Chamber- (WAG) 3,2 11 11 High Defisit-y Polyethylene (14PPE) Pipe f r Cato DY/1.s 1 Ppv 34601 Slotted Wpm Dik�,rr 22�2 a'i DYwisz 33 4940 Storm Dios age Head -walls ..a.a Wingwalls Division 34 24� 41-10.01 A#aehment A G,�fAfencr— Cabiixe 24� 41-1.02 Attr'kC�inmeat B Centiellef Speei ieatien 24 41 10.03 n n� tt-aehnrent G Se€twar-eSpe-�n�eifieatien ?/1 11 12 Ro,.,eving T,-..ffie Signals ?/1 11 1f Reetangukr RaTxd FkxAir n 34 ^moo gedoG*�aA I -I;,> Fk 34 4120 Readw�'T11U:i'�1'1T:;,,.., 2 n n120.0r AAQYial !ED Madway 1/4rninmires 34 �.z Lartrnr.Iir/as 34 4120.03 -dor k,! LEDTL 3' L ninaires 34 4130 Alt nine n figns 2A�3 T-F ffie r nt,e CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 8 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httD:Hfortworthtexas.2ov/ti)w/contractors/ or httvs:Happs.fortworthtexas.2ov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 12/20/2012 02 4414 r 44it- , D o,.,eya / A t..,,., efff,,o,.t 11 /7 z 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 12/20/2012 n'2v3 34 16 (`.,fie -ete Base TiTater- a f T,-o....l. Do...,;.- 12/'frz�-204201z Division 26 - Electrical q6 05 10 Demolition f Qeetfieal Systems 12/7rz�-2042012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 Division 31- Earthwork 31 1000 Site Clearing 12/20/2012 3123 16 Unclassified Excavation 01/28/2013 312400 31 36 00 Embankments dens 01/28/2013 12/�12 0 Division 32 27� Ripr-ap - Exterior Improvements Pei= ...., Do,-.ai Asphalt It Pa-y 12/20,L2012 12/7zzrzvizviz 32-01 18 ei4 ng Tempef ary Aooralt P.r. 32 01 29 Concrete Paving Repair 12/20/2012 32 1129 Lime Treated Base Courses 12/20/2012 32 1133 Gawyant Traa4ed Base r 12/20a012 37� Z 7�v Liquid Tf ea4ed rail FXA/lizeaf A s..hak Paving 09/21A2015 1 2 /'fizr20A2012 '27�3 32 13 13 A s..hak Pa-yi g G -aek Se la is Concrete Paving 11 /7 z 12/20/2012 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 1373 Concrete Paving Joint Sealants 12/20/2012 32 14 16 lfial- U.-XtzV: Rg 11 /' 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 8 32 1723 Pavement Markings 11/22/2013 32 1725 Gu -b Adozz 11104Q013 3231 3 323126 '27�9 C,�nr. ��r� a Gates F Wr, .o Fenees andr tes 12/20Q012 �� 12/zzr2042012 11 /'�S2 '27�3 3291 19 WeedFenees andGates Cast i Dlaee r.,,, e -ete Retaining A7., Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Hydro -Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 ZZ� v 33 04 10 33 04 11 7 pwaz Du,� jl,g „FExisting Sewer- Systems TeipA T2.,fidi n.. a -a Qeet,.iea lsela4io (`.,.-.•esio.. !'',,.Afel Test Stations 12/'frr.,-zvriviz 12/r�-avriviz 12/20Q0Q 33 04 12 33 04-30 33 04 40 >\aagaesith Anode C thed Pr-ete tie Syste To.,.,per-., -y Water- Sef-, e Cleaning and Acceptance Testing of Water Mains 12/20QO12 07/no rr 1�n 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 3305 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 3305 12 Water Line Lowering 12/20/2012 3305 13 Frame, Cover and Grade Rings — Cast Iron 01/22/2016 3305 13.10 Frame, Cover and Grade Rings — Composite 01/22/2016 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 12/20/2012 Grade 3305 16 Concrete Water Vaults 12/20/2012 3305 17 Concrete Collars 12/20/2012 12/'fr�-zvriviz 330520 33-05-21 Auger- BeFing Tu�rr.wl r �n ar- Pla4e Stool 11 /7z 11 /7 22 3 Casing -Ripe d Tur�c�lixg -ie - T,,fmel z 12/2n/2n1�2 � n6llvvrririvi3 33 05 24 33 05 26 1..st.,lla4io...,f GaF Pipe i Casing or- Liner- Plate Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 1105 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 2'1 2 .� 11 1., 0 Baf IALF,,.,- a Stool Cylinder- Type Eene�et� P�OLCi10 Pik.,, 12/20a012 ?i3 11 11 wed Dejd Pir_ ara� 12/�S2 33 1210 Water Services 1-inch to 2-inch 02/14/2017 132 12 11 Large Water- Mete -s 1 2/'fez 33 1220 Resilient Seated Gate Valve 12/20/2012 22� AWW�k P_ub sflr Fete BtAto.fl y Valves 12/20a012 33 1225 Connection to Existing Water Mains 02/06/2013 3�- 1230 7� 1�1 EL�''a is !.1.,,,� Air- Valve Assemblies iV-,,IA &Urzi `x l.,to,Systems 12/'f�-zvrzviz 33 1240 Fire Hydrants 01/03/2014 33 1250 W-atar 1;amr).e Stmieas12/20QO12 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised March 20, 2020 Z'2�o l.. ✓ 17 33 22� 33 31 20 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 7 of 8 ct.,,ndai-7,1 Blow of f Valve sse,f.l.l064942014 Cur-ed i Ulaee Pipe (CIDD) 12/20QO12 �z Fibefglxij Roicfefee,l Pipe for- r ..,.,;tEG,.Aitaly-Sewefs 12/20QO12 High Deasit-, Delyethylene (HDPE) Pipe for- Samna., cewe,- 12/7 z Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 Polyvinyl G lef:i le ClosedD-ef;le n Sa-aitafy Sewer- 2 2�} (PVC) a-yity Pipe 1 '1 /'�-zvr/iviz 2 c anitaff c e.., I � Dr flip �ffrng c.,..;tafy L`a1..,-..ome 12 /20/-20 2 �� 12/'frz�-zvriviz 33� 3331 50 Sewer- Pipe Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 E ,(�''a�1'/i: !.1.,,., Air- Valve - cam; y Sewer- Fo -ee Mains 12/7rc�-20QO12 33 39 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 333930 30 Precast Concrete Manholes Fiber -glass Manholes 12/20/2012 12/20,L2012 33 3940 33 39 60 xx astewa4e . n eoess Chamber- (W n r4 Epoxy Liners for Sanitary Sewer Structures 12/20,L2z 12/20/2012 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 ✓� 11 11 7� HighDeasit-, Delyethylene (HDPE) Pipe for- c�� �°��1i 12/frz�-20,L2 z 11 17 33 00 Dei fefee,l Pelyet lene (ERPE) Pipe c„1� 1111 /1 3,L2015 1'11 /' z tl 33 4601 Slotted St3rm I arc. n�/no 1�,�n 33-46 02 Tfamh Di iorzi 07/no 1�1 33 49 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation Zn 41 10 T-F ff;e Signals �r�vz� 104242 e - 34 41 10.01 34 41 34 ^�-�z-i .03 A it rrttCi rneflt�i (�~+��i�t�6al2r pC�� a2t AttaE�ieatt�� Geni.ol.V"1 Ff oC�ifiee��c�cie At za.- Speeiiea4ie 12/1 4 201 C �rror�v�� i 0 2 ?/1 11 11 41 13 aeliment�—c7tl Te,, pe,..,,.y T -affie Signals De,�..,.,;ngT-,-a f e 11 /n, 0n 12/2042012 34 �� 34 41 15 Signals Reeta*gular _RW- d FllwA.. 'x� rLravravzz 11 /�13 34 41 gedoG*�aA Ilybfid-Siglal 11 /'�t3 34 41 20 Roadway Illumination Assemblies 12/20/2012 3 n nano 1r I I aria �D P. - .�.mii��Yes 064 5 201 c �� zn n�02 Freeway LED ne.,dw ., r/,mvK ' -Fas, 06/1 -5 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single -Mode Fiber Optic Cable 02/26/2016 3471 13 Traffic Control 11/22/2013 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Appendix Page 8 of 8 GG4,91 Ac�Lu1ity ef-L� GC-4.02 Subsurface and Physical Conditions GG 6.0.6.D n d ✓winrjo0 Er. -Pr rjo Cemplia-nee GG 6.07 W'f9&R-1� GG 6. 1 P�Oxdisarimryatiox GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised March 20, 2020 00 42 43 DAP - BID PROPOSAL Page 1 of4 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification I Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1 0241.1000 Remove Concrete Paving 0241 15 SY 65 $5.00 $325.001 2 0241.1001 Water Line Grouting 0241 14 CY 2.5 $742.00 $1,855.001 3 0241.1013 Remove 8" Water Line 0241 14 LF 20 $25.00 $500.001 4 0241.1218 4"-12" Water Abandonment Plug 0241 14 EA 2 $1,500.00 $3,000.001 5 3305.0003 8" Waterline Lowering 3331 50 EA 3 $6,500.00 $19,500.001 6 3201.0614 Concrete Pavement Repair, Residential 3201 29 SY 65 $90.00 $5,850.001 7 3305.0109 Trench Safety 33 05 10 LF 752 $1.00 $752.001 8 3305.0110 Utility Markers 33 05 26 LS 1 $100.00 $100.001 9 3305.0111 Valve Box Adlustmenl 33 05 14 EA 2 $300.00 $600.001 10 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11 TON 1.47 $10,000.00 $14,700.001 11 3311.0261 8" PVC Water Pipe 3311 12 LF 752 $85.46 $64,265.921 12 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 3 $4,000.00 $12,000.001 13 3312.2003 1"Water Service 331210 EA 27 $1,835.00 $49,545.001 14 3312.3003 8" Gate Valve 33 12 20 EA 4 $2,300.00 $9,200.001 15 3471.0001 Traffic Control 34 37 13 MO 2 $4,000.00 $8,000.001 1 $190,192.921 1 UNIT II: SANITARY SEWER IMPROV MENTS 1 16 3301.0002 Post -CCTV Inspection 3301 31 LF 757 $1.50 $1,135.501 1 17 3301.0101 Manhole Vacuum Testing 3301 30 EA 4 $525.00 $2,100.001 1 18 3305.0109 Trench Safety 33 05 10 LF 757 $3.00 $2,271.001 1 19 3305.0113 Trench Water Stops 33 05 15 EA 4 $1,200.00 $4,800.001 20 3331.3101 4" Sewer Service 3331 50 EA 27 $2,056.00 $55,512.001 21 3331.4115 8" Sewer Pipe 33 11 10, 33 31 LF 757 $95.30 $72,142.101 22 3331.4116 8" Sewer Pipe, CSS Back -fill 33 11 10, 33 31 LF 40 $145.00 $5,800.001 23 3339.0001 Epoxy Manhole Linel 33 39 60 VF 15 $850.00 $12,750.001 24 3339.1001 4' Manhole 33 39 10, 33 3£ EA 3 $6,500.00 $19,500.001 25 3339.1003 4' Extra Depth Manhole 33 39 10, 33 3n/F 6 $361.00 $2,166.001 26 9999.0002 Connect to Existing Sewer Manhole By 3331 50 EA 1 Coring $6,500.00 $6,500.00 SUBTOTAL UNIT It: SANITARY SEWER IMPROVEMENTS $184,676.601 UNIT III: DRAINAGE IMPROVEM,F,NTS 27 3137.0101 Concrete Riprap 33 05 10 SY 554 $54.00 $29,916.001 28 3305.0109 Trench Safety 33 05 10 LF 474 $2.00 $948.001 29 3305.0112 Concrete Collar for Junction Box on Grass Area 33 05 17 EA 1 $150.00 $150.00 30 3349.0001 4' Storm Junction Box 33 49 10 EA 3 $6,500.00 $19,500.001 31 3349.4105 24" SET, 1 pipe 33 49 40 EA 1 $3,500.00 $3,500.001 32 3349.5001 10' Curb Inlet 33 49 20 EA 4 $5,800.00 $23,200.001 33 9999.0003 Sloping Headwall EA 1 $3,500.00 $3,500.001 34 9999.0004 24" HP Polypropylene Storm Pipe 3341 10 LF 472 $88.00 $41,536.001 SUBTOTAL UN T III: DRAINAGE IMPROVEMENTS $122,250.001 CITY OF FORT WORTH Water, Sewer, Paving, Drainage Street Light Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS to Serve Trails of Fossil Creek Form Version May 22, 2019 City Project No. 103296 00 42 43 DAP - BID PROPOSAL Page 2 of 4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS $190,192.921 UNIT ll: SANITARY SEWER IMPROVEMENTS $184,676.601 UNIT III: DRAINAGE IMPROVEMENTS $122,250.001 TOTAL CONSTRUCTION BID $497,119.521 This Bid is submitted by the entity named below: BIDDER: Tejas Commercial Construction PO Box 10395 River Oaks, TX 76114 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: Charles Allen C�C.f:C/� 4&4, TITLE: Vice President DATE: 01/23/2024 150 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Water, Sewer, Paving, Drainage Street Light Improvements to Serve Trails of Fossil Creek City Project No. 103296 00 42 43 DAP - BID PROPOSAL Page 3 of 4 UNIT IV: PAVING IMPROVEMENTS 35 0241.0100 Remove Sidewalk 0241 13 SF 660 $2.00 $1,320.00 36 0241.1000 Remove Conc Pvmt 0241 15 SY 65 $20.00 $1,300.00 37 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 136 $5.00 $680.00 38 3201.0614 Conic Pvmt Repair, Residential 3201 29 SY 65 $498.50 $32,402.50 39 3211.0400 Hydrated Lime 32 11 29 TON 62 $325.00 $20,150.00 40 3211.0501 6" Lime Treatment 32 11 29 SY 3427 $4.50 $15,421.50 41 3213.0101 6" Conc Pvmt 32 13 13 SY 3222 $81.25 $261,787.50 42 3213.0301 4" Conc Sidewalk 32 1320 SF 150 $20.00 $3,000.00 43 3213.0501 Barrier Free Ramp, Type R-1 32 1320 EA 4 $3,500.00 $14,000.00 44 3292.0101 Utility Service Surface Restoration Sodding 3292 13 SF 1,242 $1.30 $1,614.60 45 3471.0001 Traffic Control 3471 13 MO 2 $450.00 $900.00 46 9999.0001 Street Signs 99 99 99 EA 6 $683.34 $4,100.04 SUBTOTAL 1NIT IV: PAVING IMPROVEMENTS $356,676.14 Bid Summary UNIT IV: PAVING IMPROVEMENTS $356,676.14 TOTAL CONSTRUCTION BID $356,676.14 This Bid is submitted by the entity named below: BIDDER: Stabile & Winn, Inc. PO Box 79380 Saginaw, TX 76179 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: ,i TITLE: � DATE: 150 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Tom Version May 22, 2019 Water, Sewer, Paving, Drainage Street Light Improvements to Serve Trails of Fossil Creek City Project No. 103296 00 42 43 DAP - BID PROPOSAL Page 4 of 4 UNIT V: STREET LIGHT IMPROVEMENTS 47 2605.3015 2" CONDT PVC SCH 80 T 26 05 33 LF 280 $20.00 $5,600.00 48 3441.1410 NO 10 Insulated Elec Condr 3441 10 LF 840 $3.75 $3,150.00 49 3441.1502 Ground Box Type B wl Apron EA 2 $750.00 $1,500.00 50 3441.1646 Fumishllnstall Type 33B Arm EA 7 $364.00 $2,548.00 3441.3050 Furnish/Install LED Lighting Fixture (70 watt 51 ATBO Cobra Head) 34 41 20 EA _ _ 7 $450.00 $3,150.00 52 3441.3301 Rdwy Ilium Foundation TY 1,2 and 4 34 41 20 EA 7 $1,350.00 $9,450.00 53 3441.3351 Install Rdwat Illum TY 11 Pole 34 41 20 EA 7 $1,80D.00 $12,600.00 54 3441.3411 Reconnect Conductor ___ 34 41 20 EA 2 $750.00 $1,500.00 55 3441.3501 Salvaqe Street Liqht Pole 3441 20 EA 2 $1,250.00 $2,600.00 SUBTOTAL UNIT V: STREET LIGHT IMPROVEMENTS $41,998.00 Bid Summary UNIT V: STREET LIGHTING IMPROVEMENTS $41,998.00 TOTAL CONSTRUCTION BID $41,998.00 This Bid is submitted by the entity named below: BIDDER: C and S Utility Contractors Inc ` 6705 Highway 287 Arlington, TY 76001 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: Blake Men ace TITLE; Ope i rs 4ifa atnager DATE: Z���2Cr END OF SECTION 150 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENI5 - DEVELOPER AWARDED PROIFCTS Form Version May 22, 2019 Water, Sewer, Paving, Drainage Street Light irnprovernents to Serve Trails of Fossil Creek City Project No. 103296 0045 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work TVDe" box Drovide the complete maior work tvDe and actual descrip_ tion as Drovided by the Water DeDartment for water and sewer and TPW for Davin2. Major Work Type Sewer Collection System, Development, 15 inch Diameter and Smaller Water Distribution, Development, 16 inch Diameter and Smaller Contractor/Subcontractor Company Name Prequalification Expiration Date Tejas Commercial Construction, LLC. 4/30/2025 Tejas Commercial Construction 4/30/2025 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalifted for the work types listed. BIDDER: Tejas Commercial Construction, LLC. PO Box 10395 River Oaks, TX 76114 BY: Charles Alien ckarle1- anew (Signature) TITLE: Vice President DATE: 05/24/2024 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT —DEVELOPER AWARDED PROJECTS 00 45 12_Prequalification Statement 2015_DAP Form Version September 1, 2015 00 45 12 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement 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. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date UUM-4teLe r'dVINg -- Construction/Reconstruction Stabile & Winn, Inc. 10/31/2024 (less than 15,000 square v��r1c1 _ The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Stabile & Winn, Inc. P.O. Box 79380 Saginaw, TX 76179 END OF SECTION By: rnde on (Signature) Title: Vice President Date: M a Y 2,� Z0 Z--LI CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/30/2021 DocuSign Envelope ID: 196E7B8C-409C-4F55-B65F-61FD106ECE89 0045 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder for a City procurement 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. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Installation of roadway and C and S Utility 1/31/2026 pedestrian lighting The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: C&S Utility Contractors 6705 HWY 287 Arlington, TX 76001 BY: Blake Menapace ooausignea by: (Signature) TITLE: Operations Manager DATE: 5/28/2024 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT — DEVELOPER AWARDED PROJECTS Trails of Fossil Creek City Project No. 103296C & S Prequal 5.28.24 Revised June 16, 2016 009 26-1 CONTRACTOR COMPLIANCE WITH WORKERS COMPENSATION TAW Pagel oil 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Taxes Labor Code Section 406.096(a), as amended, Contractor certifies that It 4 provides worker's compensation insurance coverage for all of its employees employed on 5 City Project No. 103296. Contractor further certifies that, pursuant to Texas Labor Code, 6 Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 CONTRACTOR: 9 Tejas Commercial Construction By: Charles D. Allen 10 Company (Please Print) 11 12 p0 Box 10395 _ Signature' 13 Address 14 15 wort Worth. TX 76114 Title: Vice President 16 City/State/Zip (Please Print) 17 18 19 THE STATE OF TEXAS § 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 COUNTY OF TARRANT 9 BEFORE ME, the undersigned authority, on this day personally appeared Charles D. Allen, 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 dead of Telex Commercial Construction for the purposes and consideration therein expressed and In the capacity therein stated. GIVEN UNDER MY HANDAND SEAL OF OFFICE this ! ' day of Notary Public in and fort a State of Texas END OF SECTION CITY OF FORT WORTH Trails or Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City PrgeatNo. 1032% Revixd ApnI2.2014 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on 5 City Project No. 103296. Contractor further certifies that, pursuant to Texas Labor Code, 6 Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 CONTRACTOR 9 Stabile & Winn Inc By: 1errY H nriamnn 10 Company lease Pri 11 12 301 Sansom Boulevard Signature: �- 13 Address 14 15 Saginaw TX 76179 Title: Vice President 16 City/StateMp (Please Print) 17 18 19 THE STATE OF TEXAS 4 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 COUNTYOFTARRANT g BEFORE ME, the undersigned authority, on this day personally appeared J= Henderson , 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 Stabile & Winn for the purposes and consideration therein expressed and in the capacitytherem stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Bth yof May , 2024. �v V Note Public in and for the State of Texas END OF SECTION Re .IOHNAeILENOTARYPUBLICSTATEOFTEXASMY COMM. EXP. 07/01/27 NOTARYID 403a37-4 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Prfaa No. 103296 Revised April 2,2014 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on 5 City Project No. 103296. Contractor further certifies that, pursuant to Texas Labor Code, 6 Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 CONTRACTOR: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 C&S Utility Contractors. Inc. Company 61Q5 HWY 287 Address Arlington. TX 76001 City/State/Zip THE STATE OF TEXAS COUNTY 0FTAR RANT By, Blake Menaoace (Please Print) Signature: Title: Onerations ManaLler (Please Print) BEFORE M�, the undersigned authority, on this day personally appeared ¢,J*cam , 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 e;6 0&�4 &44w4,,c ,_z-&- for the purposes and consideration therein expressed and in thelcapacity therein stated. GN /��ER MAY HAND AN17 A)� OF OFFICE this v[�f .201.'�If U � Notar/Public in and forthe 61 toyofxas/ KIMBERLY MARAK =zY A4e�Y Notary Public, State of Texas Comm. Expiras 06-13-2026 Notary ID 126306905 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUXIENTS Revised April 2, 2014 `0 day of Trails of Fossil Creek City Project No. 103296 1 2 SECTION 00 52 43 AGREEMENT 005243-1 Developer Awarded Project Agreement Page 1 of 5 3 This agreement, authorized on 5/3/24 is made by and between the NewPad Building 4 Company LLC, authorized to do business in Texas ("developer"), and Tejas Commercial 5 Construction, authorized to do business in Texas, acting by and through its duly authorized 6 representative, ("contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Trails of Fossil Creek 16 City Proiect No. 103296 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 150 working days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 24 City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard 29 City Conditions of the Construction Contract for Developer Awarded Projects. The 30 Contractor also recognizes the delays, expense and difficulties involved in proving in a 31 legal proceeding the actual loss suffered by the Developer if the Work is not completed on 32 time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated 33 damages for delay (but not as a penalty), Contractor shall pay Developer five hundred CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 5 34 dollars ($500.00) for each day that expires after the time specified in Paragraph 3.2 for 35 Final Acceptance until the City issues the Final Letter of Acceptance. 36 Article 4. CONTRACT PRICE 37 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of four hundred ninety-seven thousand one hundred 39 nineteen and 52/100 dollars. ($497,119.52). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between Developer and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form (As provided by Developer) 47 1) Proposal Form (DAP Version) 48 2) Prequalification Statement 49 b. Insurance ACORD Form(s) 50 c. Payment Bond (DAP Version) 51 d. Performance Bond (DAP Version) 52 e. Maintenance Bond (DAP Version) 53 f. Power of Attorney for the Bonds 54 g. Worker's Compensation Affidavit 55 h. MBE and/or SBE Commitment Form (If required) 56 3. Standard City General Conditions of the Construction Contract for Developer 57 Awarded Projects. 58 4. Supplementary Conditions. 59 5. Specifications specifically made a part of the Contract Documents by attachment or, 60 if not attached, as incorporated by reference and described in the Table of Contents 61 of the Project's Contract Documents. 62 6. Drawings. 63 7. Addenda. 64 8. Documentation submitted by Contractor prior to Notice of Award. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 5 65 9. The following which may be delivered or issued after the Effective Date of the 66 Agreement and, if issued, become an incorporated part of the Contract Documents: 67 a. Notice to Proceed. 68 b. Field Orders. 69 c. Change Orders. 70 d. Letter of Final Acceptance. 71 Article 6. INDEMNIFICATION 72 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 73 expense, the city, its officers, servants and employees, from and against any and all 74 claims arising out of, or alleged to arise out of, the work and services to be performed 75 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 76 under this contract. This indemnification provision is specifically intended to operate 77 and be effective even if it is alleged or proven that all or some of the damages being 78 sought were caused, in whole or in part, by anv act, omission or negligence of the citv. 79 This indemnity provision is intended to include, without limitation, indemnity for 80 costs, expenses and legal fees incurred by the city in defending against such claims and 81 causes of actions. 82 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 83 the city, its officers, servants and employees, from and against any and all loss, damage 84 or destruction of property of the city, arising out of, or alleged to arise out of, the work 85 and services to be performed by the contractor, its officers, agents, employees, 86 subcontractors, licensees or invitees under this contract. This indemnification 87 provision is specifically intended to operate and be effective even if it is alleged or 88 proven that all or some of the damages being sought were caused, in whole or in part, 89 by anv act, omission or negligence of the citv. 90 91 Article 7. MISCELLANEOUS 92 7.1 Terms. 93 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 94 the Construction Contract for Developer Awarded Projects. 95 7.2 Assignment of Contract. 96 This Agreement, including all of the Contract Documents may not be assigned by the 97 Contractor without the advanced express written consent of the Developer. 98 7.3 Successors and Assigns. 99 Developer and Contractor each binds itself, its partners, successors, assigns and legal 100 representatives to the other party hereto, in respect to all covenants, agreements and 101 obligations contained in the Contract Documents. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised June 16, 2016 005243-4 Developer Awarded Project Agreement Page 4 of 5 102 7.4 Severability. 103 Any provision or part of the Contract Documents held to be unconstitutional, void or 104 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 105 remaining provisions shall continue to be valid and binding upon DEVELOPER and 106 CONTRACTOR. 107 7.5 Governing Law and Venue. 108 This Agreement, including all of the Contract Documents is performable in the State of 109 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 110 Northern District of Texas, Fort Worth Division. 111 7.6 Authority to Sign. 112 Contractor shall attach evidence of authority to sign Agreement, if other than duly 113 authorized signatory of the Contractor. 114 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised June 16, 2016 115 116 117 118 119 120 005243-5 Developer Awarded Project Agreement Page 5 of 5 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date") Contractor: Tejas Commercial Construction By: � -4&4, (Signature) Charles D. Allen (Printed Name) Title: Vice President Company Name: Tejas Commercial Construction Address: PO Box 10395 River Oaks, TX 76114 _ Date 5/3/2024 Developer: NewPad Building Company LLC By:r-1&O (2&� (Signature) Cooper Conger (Printed Name) Title: Member Company name: NewPad Building Company LLC Address: PO Box 101654 City/State/Zip: Fort Worth, TX 76185-1654 5/3/24 Date CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised June 16, 2016 005243-1 Developer Awarded Project Agreement Page I of 5 SECTION 00 52 43 2 AGREEMENT 3 This agreement, authorized on S TX is made by and between the NewPad Building 4 Company LLC, authorized to do business in Texas ("developer"), and Stabile Winn, authorized to 5 do business in Texas, acting by and through its duly authorized representative, ("contractor"). 6 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 7 follows: 8 Article 1. WORK 9 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 10 Project identified herein. 11 Article 2. PROJECT 12 The project for which the Work under the Contract Documents may be the whole or only a part is 13 generally described as follows: 14 Trails of Fossil Creek 15 Qjty Proiect No. 103296 16 Article 3. CONTRACT TEgE 17 3.1 Time is of the essence. 18 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 19 Documents are of the essence to this Contract. 20 3.2 Final Acceptance. 21 The Work will be complete for Final Acceptance within 150 working days after the date 22 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 23 City Conditions of the Construction Contract for Developer Awarded Projects. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that Developer will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard 28 City Conditions of the Construction Contract for Developer Awarded Projects. The 29 Contractor also recognizes the delays, expense and difficulties involved in proving in a 30 legal proceeding the actual loss suffered by the Developer if the Work is not completed on 31 time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated 32 damages for delay (but not as a penalty), Contractor shall pay Developer five hundred CITY OF FORT WORTH Took of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CityProjea No. 103296 Revved June 16,2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 5 33 dollars ($500.00) for each day that expires after the time specified in Paragraph 3.2 for 34 Final Acceptance until the City issues the Final Letter of Acceptance. 35 Article 4. CONTRACT PRICE 36 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of three hundred fifty-six thousand six hundred seventy- 38 six and 14/100 dollars. ($356,676.14). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between Developer and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form (As provided by Developer) 46 1) Proposal Form (DAP Version) 47 2) Prequalification Statement 48 b. Insurance ACORD Form(s) 49 c. Payment Bond (DAP Version) 50 d. Performance Bond (DAP Version) 51 e. Maintenance Bond (DAP Version) 52 f. Power of Attorney for the Bonds 53 g. Worker's Compensation Affidavit 54 h. MBE and/or SBE Commitment Form (If required) 55 3. Standard City General Conditions of the Construction Contract for Developer 56 Awarded Projects. 57 4. Supplementary Conditions. 58 5. Specifications specifically made a part of the Contract Documents by attachment or, 59 if not attached, as incorporated by reference and described in the Table of Contents 60 of the Project's Contract Documents. 61 6. Drawings. 62 7. Addenda. 63 8. Documentation submitted by Contractor prior to Notice of Award. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised June 16, 2016 00 5243 .3 Developer Awuded Project Agrxaeat Page 3 of5 64 9. The following which may be delivered or issued after the Effective Date of the 65 Agreement and, if issued, become an incorporated part of the Contract Documents: 66 a. Notice to Proceed. 67 b. Field Orders. 68 c. Change Orders. 69 d. Letter of Final Acceptance. 70 Article 6. INDEMNIFICATION 71 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 72 expense, the city, its officers, servants and employees, from and against any and all 73 claims arising out of, or alleged to arise out of, the work and services to be performed 74 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 75 under this contract. This indemnification provision is snecifrcally intended to overate 76 and be effective even if it is alleged or nroven that all or rome of the damages being 77 sought were caused. in whole or in part, by anv act, omission or neeligence of the city. 78 This indemnity provision is intended to include, without limitation, indemnity for 79 costs, expenses and legal fees incurred by the city in defending against such claims and 80 causes of actions. 81 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 82 the city, its officers, servants and employees, from and against any and all loss, damage 83 or destruction of property of the city, arising out of, or alleged to arise out of, the work 84 and services to be performed by the contractor, its officers, agents, employees, 85 subcontractors, licensees or invitees under this contract. This indemnification 86 provision is snecifical1v intended to overate and be effective even if it is alleged or 87 proven that all or some of the damages beine sought were caused, in whole or in Dart. 88 by anv act, omission or negligence of the city. 89 90 Article 7. MISCELLANEOUS 91 7.1 Terms. 92 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 93 the. Construction Contract for Developer Awarded Projects. 94 7.2 Assignment of Contract. 95 This Agreement, including all of the Contract Documents may not be assigned by the 96 Contractor without the advanced express written consent of the Developer. 97 7.3 Successors and Assigns. 98 Developer and Contractor each binds itself, its partners, successors, assigns and legal 99 representatives to the other party hereto, in respect to all covenants, agreements and 100 obligations contained in the Contract Documents. CITY OF FORT WORTH Tails of Fossil Cmek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPERAWARDED PROJECTS City Pmjea No 103296 Revised June 16,2016 005243-4 Developer Awarded Project Agreement Page 4 d5 101 7.4 Sevembility. 102 Any provision or part of the Contract Documents held to be unconstitutional, void or 103 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 104 remaining provisions shall continue to be valid and binding upon DEVELOPER and 105 CONTRACTOR 106 7.5 Governing Law and Venue. 107 This Agreement, including all of the Contract Documents is performable in the State of 108 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 109 Northern District of Texas, Fort Worth Division. 110 7.6 Authority to Sign. Ill Contractor shall attach evidence of authority to sign Agreement, if other than duly 112 _ authorized signatory of the Contractor. 1591 CITY OF FORT WORTH Tni1s ofFassii Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPERAWARDED PROJECTS City Project No 103296 Revised June 16,2016 005243-5 Developer Awarded Poject Agreement Page 5 of 5 114 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 115 counterparts. 116 117 This Agreement is effective as of the last date signed by the Parties ("Effective Date'). t1S 119 Contractor: Stabile Winn Signature) (Printed Name) Title: Company Name: Stabile Winn Address: 301 Sansom Boulevard City/State/Zip: Saginaw, TX 76179 Date Developer: NewPad&uaiLlding Company LLC By: (Signature) Cooper Conger �inted Name) Title: Member Company name: NewPad Building Company LLC Address: PO Box 101654 City/State/Zip: Fort Worth, TX 76185-1654 Date CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUWNTS— DEVELOPERAWARDED PROJECTS City Project No. 103296 Revised June 16,2016 1 SECTION 00 52 43 oas24s-1 DeveioperAwarded ProjectAgreement Page 1 of S 2 AGREEMENT 3 This agreement, authorized on Z is made by and between the NewPad Building 4 Company LLC, authorized to do business in Texas ("developer"), and C&S Utility Contractors, 5 Inc, authorized to do business in Texas, acting by and through its duly authorized representative, 6 ("contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Trails of Fossil Creek 16 City Proiect No. 103296 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 150 working days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 24 City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard 29 City Conditions of the Construction Contract for Developer Awarded Projects. The 30 Contractor also recognizes the delays, expense and difficulties involved in proving in a 31 legal proceeding the actual loss suffered by the Developer if the Work is not completed on 32 time. Accordingly, instead of requiring any such proof , Contractor agrees that as Iiquidated 33 damages for delay (but not as a penalty), Contractor shall pay Developer five hundred CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No, 103296 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 5 34 dollars ($500.00) for each day that expires after the time specified in Paragraph 3.2 for 35 Final Acceptance until the City issues the Final Letter of Acceptance. 36 Article 4. CONTRACT PRICE 37 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of forty-one thousand nine hundred ninety-eight and 39 00/100 dollars. ($41,998.00). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between Developer and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form (As provided by Developer) 47 1) Proposal Form (DAP Version) 48 2) Prequalification Statement 49 b. Insurance ACORD Form(s) 50 c. Payment Bond (DAP Version) 51 d. Performance Bond (DAP Version) 52 e. Maintenance Bond (DAP Version) 53 f. Power of Attorney for the Bonds 54 g. Worker's Compensation Affidavit 55 h. MBE and/or SBE Commitment Form (If required) 56 3. Standard City General Conditions of the Construction Contract for Developer 57 Awarded Projects. 58 4. Supplementary Conditions. 59 5. Specifications specifically made a part of the Contract Documents by attachment or, 60 if not attached, as incorporated by reference and described in the Table of Contents 61 of the Project's Contract Documents. 62 6. Drawings. 63 7. Addenda. 64 8. Documentation submitted by Contractor prior to Notice of Award. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised June 16, 2016 005243-3 Devetoper Awarded Project Agreement Page 3 of S 65 9. The following which may be delivered or issued after the Effective Date of the 66 Agreement and, if issued, become an incorporated part of the Contract Documents: 67 a. Notice to Proceed. 68 b. Field Orders. 69 c. Change Orders. 70 d. Letter of Final Acceptance. 71 Article 6. INDEMNIFICATION 72 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 73 expense, the city, its officers, servants and employees, from and against any and all 74 claims arising out of, or alleged to arise out of, the work and services to be performed 75 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 76 under this contract. This indemnification provision is specifically intended to overate 77 and be effective even if it is alleged or proven that all or some of the damages being 78 sought were caused, in whole or in Dart, by anv act. omission or nedigence of the city. 79 This indemnity provision is intended to include, without limitation, indemnity for 80 costs, expenses and legal fees incurred by the city in defending against such claims and 81 causes of actions. 82 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 83 the city, its officers, servants and employees, from and against any and all loss, damage 84 or destruction of property of the city, arising out of, or alleged to arise out of, the work 85 and services to be performed by the contractor, its officers, agents, employees, 86 subcontractors, licensees or invitees under this contract. This indemnification 87 provision is Specifically intended to overate and be effective even if it is alte egd or 88 proven that all or some of the damages being sought were caused, in whole or in Dart. 89 by anv act, omission or nesiligence of the city_ 90 91 Article 7. MISCELLANEOUS 92 7.1 Terms. 93 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 94 the Construction Contract for Developer Awarded Projects. 95 7.2 Assignment of Contract. 96 This Agreement, including all of the Contract Documents may not be assigned by the 97 Contractor without the advanced express written consent of the Developer. 98 7.3 Successors and Assigns. 99 Developer and Contractor each binds itself, its partners, successors, assigns and legal 100 representatives to the other party hereto, in respect to all covenants, agreements and 101 obligations contained in the Contract Documents. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised June 16, 2016 005243-4 Developer Awarded Project Agreement Page 4 of 5 102 7.4 Severability. 103 Any provision or part of the Contract Documents held to be unconstitutional, void or 104 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 105 remaining provisions shall continue to be valid and binding upon DEVELOPER and 106 CONTRACTOR. 107 7.5 Governing Law and Venue. 108 This Agreement, including all of the Contract Documents is performable in the State of 109 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 110 Northern District of Texas, Fort Worth Division. 111 7.6 Authority to Sign. 112 Contractor shall attach evidence. of authority to sign Agreement, if other than duly 113 authorized signatory of the Contractor. 114 CITY OF FORT WORTH Traits of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -- DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised June 16, 2016 Da 52 43 - 5 Developer Awarded Project Agreement Page 5 of 5 115 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 116 counterparts_ 117 118 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 119 Contractor: Developer: C&S Utility Contractors, Inc. NeWPad Building Company LLC 120 By: By. (2el/ (2&� '11 nature) (Signature) Blake Menapace Cooper Conger (Printed Name) (Printed Name) Title: Operations Manager Title: Member Company Name: C&S Utility Company name: NewPad Building Company LLC Contractors, Inc. Address: Address: 6705 HWY 287 PO Box 101654 City/State/Zip: Arlington, TX 76001 City/State/Zip: Fort Worth, TX 76185-1654 5/8/24 Date Date CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 143296 Revised June16,2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE -THIRD PARTY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM Subject 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 30 days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. Such notice will be by certified mail with return receipt requested. This notification of cancellation, nonrenewal or material change to the person or organization 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 under this Coverage Form. SCHEDULE Name Of Person 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. States 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 COMMERCIAL AUTO CA 00 01 11 20 BUSINESS AUTO COVERAGE FORM Various provisions in this Policy restrict coverage. SECTION I — COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this Policy, the words "you" and "your" following numerical symbols describe the "autos" that refer to the Named Insured shown in the may be covered "autos". The symbols entered next to Declarations. The words "we", "us" and "our" refer to a coverage on the Declarations designate the only the company providing this insurance. "autos" that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Svmbol Description Of Covered Auto Desiqnation Svmbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the Policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the Policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the Policy begins. "Autos" Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the Policy begins provided they are required to have no-fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured Policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non -owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 1 of 13 19 Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this Policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire after the policy period begins of the type described for the remainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire after the policy period begins will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. 3. An "auto" that is leased or rented to you without a driver, under a written agreement for a continuous period of at least six months that requires you to provide primary insurance covering such "auto", will be considered a covered "auto" you own. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Covered Autos Liability Coverage: 1. "Trailers" with a registered Gross Vehicle Weight Rating of 3,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment' while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION II — COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident'. We have the right and duty to defend any "insured" against a "suit' asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit' as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". Page 2 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 1120 This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yo u rs. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. (5) All court costs taxed against the "insured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed, we will: (1) Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no-fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 3 of 13 b. That the "insured" would have in the absence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or (2) Performing the duties related to the conduct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. 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; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"; or b. Machinery or equipment that is on, attached to or part of a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed; (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site; or Page 4 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 1120 (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment'. Paragraphs b. and C. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. 14. Unmanned Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance or use of "unmanned aircraft". C. Limit Of Insurance Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident', the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident' is the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 5 of 13 All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derailment of any conveyance transporting the covered "auto". c. Collision Coverage Caused by: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. 2. Towing And Labor We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" that is a private passenger type, light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $30 per day, to a maximum of $900, for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the Policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". 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 indicates that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicates that Specified Causes Of Loss Coverage is provided for any covered "auto"; or Page 6 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 1120 (3) Collision only if the Declarations indicates 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 $900. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed -measuring equipment, such as radar or laser detectors, and any jamming apparatus intended to elude or disrupt speed -measuring equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that reproduces, receives or transmits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: a. Permanently installed in or upon the covered "auto"; b. Removable from a housing unit which is permanently installed in or upon the covered "auto"; c. An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or d. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limits Of Insurance 1. The most we will pay for: a. "Loss" to any one covered "auto" is the lesser of: (1) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 7 of 13 b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $1,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above; or (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations prior to the application of the Limit Of Insurance, provided that: 1. The Comprehensive or Specified Causes Of Loss Coverage deductible applies only to "loss" caused by: a. Theft or mischief or vandalism; or b. All perils. 2. Regardless of the number of covered "autos" damaged or stolen, the maximum deductible applicable for all "loss" in any one event caused by: a. Theft or mischief or vandalism; or b. All perils, will be equal to five times the highest deductible applicable to any one covered "auto" on the Policy for Comprehensive or Specified Causes Of Loss Coverage. The application of the highest deductible used to calculate the maximum deductible will be made regardless of which covered "autos" were damaged or stolen in the "loss". 611*49MILTd-1III'MIkiI 11SZ4167►1011111MZ K The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this Policy unless there has been full compliance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". 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. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". Page 8 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 1120 (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment, you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Covered Autos Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this Policy to bring us into an action to determine the "insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 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 "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 9 of 13 (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this Policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this Policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the Policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the United States of America; (3) Puerto Rico; (4) Canada; and (5) Anywhere else in the world if a covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less, provided that the "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada, or in a settlement we agree to. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V — DEFINITIONS A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or Page 10 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 1120 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: Paragraphs b. and C. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". G. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; (1) The "pollutants" escape, seep, migrate 5. That part of any other contract or agreement or are discharged, dispersed or released pertaining to your business (including an directly from an "auto" part designed by indemnification of a municipality in connection its manufacturer to hold, store, receive with work performed for a municipality) under or dispose of such "pollutants"; and which you assume the tort liability of another to 2 The "bodily injury", "property damage" pay for "bodily injury" or "property damage" to () y ti p p y g or a third party or organization. Tort liability covered pollution cost or expense means a liability that would be imposed by law does not arise out of the operation of in the absence of any contract or agreement; any equipment listed in Paragraph 6.b. or or 6.c. of the definition of "mobile equipment". CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 11 of 13 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract' to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract' does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". J. "Loss" means direct and accidental loss or damage. K. "Mobile equipment' means any of the following types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or 5. Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well -servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; or 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment' but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well -servicing equipment. However, "mobile equipment' does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. "Property damage" means damage to or loss of use of tangible property. N. "Suit' means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage"; or 2. A "covered pollution cost or expense"; b. Road construction or resurfacing equipment to which this insurance applies, are alleged. such as graders, scrapers or rollers; Page 12 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 1120 "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. Q. "Unmanned aircraft' means an aircraft that is not: 1. Designed; 2. Manufactured; or 3. Modified after manufacture; to be controlled directly by a person from within or on the aircraft. CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 13 of 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO 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 $ $200 . 00 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. However, (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 bean "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. f. 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 18 1109 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 policy was written to apply specifically in excess of this policy. 2. COVERAGE EXTENSIONS -SUPPLEMENTARY PAYMENTS Under Section II - LIABILITY COVERAGE, A.2.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 18 1109 (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 by the following: b. For Hired Auto Physical Damage, the following are deemed to be covered "autos" you own: 1. 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, AA. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced by the 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 18 1109 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, "suit" or "loss". Knowledge of an "accident", claim, "suit" 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 liability company) 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 "accident" 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 18 1109 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 18 1109 Page 5 of 5 COMMERCIAL GENERAL LIABILITY CG 00 01 0413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'bur" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I —COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit' seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any 'occurrence" and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. 'Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 1of 16 2. Exclusions 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" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured 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: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". Page 2 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened or subcontractors working directly or discharge, dispersal, seepage, migration, indirectly on any insured's behalf are release or escape of "pollutants": performing operations if the "pollutants" are brought on or to the premises, site (a) At or from any premises, site or location or location in connection with such which is or was at any time owned or operations by such insured, contractor occupied by, or rented or loaned to, any or subcontractor. However, this insured. However, this subparagraph subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage" (i) "Bodily injury" if sustained within a arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or used to heat, cool or dehumidify the mechanical functions necessary for building, or equipment that is used to the operation of "mobile equipment" heat water for personal use, by the or its parts, if such fuels, lubricants building's occupants or their guests; or other operating fluids escape from (i i) "Bodily injury" or "property damage" a vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your intentional discharge, dispersal or policy as an additional insured with release of the fuels, lubricants or respect to your ongoing operations other operating fluids, or if such performed for that additional insured fuels, lubricants or other operating at that premises, site or location and fluids are brought on or to the such premises, site or location is not premises, site or location with the and never was owned or occupied intent that they be discharged, by, or rented or loaned to, any dispersed or released as part of the insured, other than that additional operations being performed by such insured; or insured, contractor or subcontractor; (iii) "Bodily injury" or "property damage" (i i) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in for any insured or others for the connection with operations being handling, storage, disposal, processing performed by you or on your behalf or treatment of waste; by a contractor or subcontractor; or (c) Which are or were at any time (iii) "Bodily injury" or "property damage" transported, handled, stored, treated, arising out of heat, smoke or fumes "hostile disposed of, or processed as waste by from a fire". or for: (e) At or from any premises, site or location (i) Any insured; or on which any insured or any contractors or subcontractors working directly or (ii) Any person or organization for whom indirectly on any insured's behalf are you may be legally responsible; or performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 3of 16 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; Page 4 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because 'your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 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. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product' arising out of it or any part of it. I. 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 if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in 'your product' or "your work"; or This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to 'your product' or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product'; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (2) A delay or failure by you or anyone acting (3) The Fair Credit Reporting Act (FCRA), and on your behalf to perform a contract or any amendment of or addition to such law, agreement in accordance with its terms. including the Fair and Accurate Credit Transactions Act (FACTA); or CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 5of 16 (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". Page 6 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 7of 16 COVERAGE C — MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 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. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II —WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint 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. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 9of 16 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 insureds 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; 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 Part. 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 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (b) To the spouse, child, parent, brother or c. Coverage B does not apply to "personal and sister of that co -"employee" or advertising injury" arising out of an offense "volunteer worker" as a consequence of committed before you acquired or formed the Paragraph (1)(a) above; organization. (c) For which there is any obligation to No person or organization is an insured with respect share damages with or repay someone to the conduct of any current or past partnership, joint else who must pay damages because of venture or limited liability company that is not shown the injury described in Paragraph (1)(a) as a Named Insured in the Declarations. or (b) above; or SECTION III — LIMITS OF INSURANCE (d) Arising out of his or her providing or failing to provide professional health care services. (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. 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. Page 10 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "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. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 11of 16 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under 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. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; Page 12 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 b. Those statements are based upon However, "auto" does not include "mobile representations you made to us; and equipment". C. We have issued this policy in reliance upon 3. "Bodily injury" means bodily injury, sickness or your representations. disease sustained by a person, including death 7. Separation Of Insureds resulting from any of these at any time. Except with respect to the Limits of Insurance, and 4. "Coverage territory" means: any rights or duties specifically assigned in this a. The United States of America (including its Coverage Part to the first Named Insured, this territories and possessions), Puerto Rico and insurance applies: Canada; a. As if each Named Insured were the only b. International waters or airspace, but only if the Named Insured; and injury or damage occurs in the course of travel b. Separately to each insured against whom claim or transportation between any places included is made or "suit" is brought. in Paragraph a. above; or 8. Transfer Of Rights Of Recovery Against Others c. All other parts of the world if the injury or To Us damage arises out of: If the insured has rights to recover all or part of (1) Goods or products made or sold by you in any payment we have made under this Coverage the territory described in Paragraph a. Part, those rights are transferred to us. The above; insured must do nothing after loss to impair them. (2) The activities of a person whose home is in At our request, the insured will bring "suit" or the territory described in Paragraph a. transfer those rights to us and help us enforce above, but is away for a short time on your them. business; or 9. When We Do Not Renew (3) "Personal and advertising injury" offenses If we decide not to renew this Coverage Part, we that take place through the Internet or will mail or deliver to the first Named Insured similar electronic means of communication; shown in the Declarations written notice of the provided the insured's responsibility to pay nonrenewal not less than 30 days before the damages is determined in a "suit" on the expiration date. merits, in the territory described in Paragraph If notice is mailed, proof of mailing will be sufficient a. above or in a settlement we agree to. proof of notice. 5. "Employee" includes a "leased worker". SECTION V — DEFINITIONS "Employee" does not include a "temporary worker". 1. "Advertisement" means a notice that is broadcast or published to the general public or specific 6. "Executive officer" means a person holding any of market segments about your goods, products or the officer positions created by your charter, services for the purpose of attracting customers or constitution, bylaws or any other similar governing supporters. For the purposes of this definition: document. a. Notices that are published include material 7. "Hostile fire" means one which becomes placed on the Internet or on similar electronic uncontrollable or breaks out from where it was means of communication; and intended to be. b. Regarding web sites, only that part of a web 8• "Impaired property" means tangible property, other site that is about your goods, products or than "your product" or "your work", that cannot be services for the purposes of attracting used or is less useful because: customers or supporters is considered an a. It incorporates "your product" or "your work" advertisement. that is known or thought to be defective, 2. "Auto" means: deficient, inadequate or dangerous; or a. A land motor vehicle, trailer or semitrailer b. You have failed to fulfill the terms of a contract designed for travel on public roads, including or agreement; any attached machinery or equipment; or if such property can be restored to use by the b. Any other land vehicle that is subject to a repair, replacement, adjustment or removal of compulsory or financial responsibility law or "your product" or "your work" or your fulfilling the other motor vehicle insurance law where it is terms of the contractor agreement. licensed or principally garaged. CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 13of 16 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for"bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; C. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Prod ucts-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - completed operations are subject to the General Aggregate Limit. 17."Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 15of 16 As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18."Suit' means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit' includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 20."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21."Your product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product'; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 16 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 COMMERCIAL GENERAL LIABILITY CG 0103 06 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. With regard to liability for Bodily Injury, Property Damage and Personal And Advertising Injury, unless we are prejudiced by the insured's or your failure to comply with the requirement, no provi- sion of this Coverage Part requiring you or any insured to give notice of "occurrence", claim or "suit", or forward demands, notices, summonses or legal papers in connection with a claim or "suit" will bar coverage under this Coverage Part. CG 0103 06 06 © ISO Properties, Inc., 2005 Page 1 of 1 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S GENERAL LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS Page 1. Additional Definitions 9 2. Aggregate Limits Per Location 7 3. Aggregate Limits Per Project 6 4. Blanket Contractual Liability — Railroads 3 5. Broadened Bodily Injury Coverage 10 6. Broadened Knowledge Of Occurrence 8 7. Broadened Legal Liability Coverage For Landlord's Business Personal Property 7 8. Broadened Liability Coverage For Damage 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 provision 9, Broadened Who Is An Insured, paragraph 2.a.(1)1 11. Contractual Liability — Personal And Advertising Injury 3 12. Damage To Premises Rented To You — Specific Perils and Increased Limit 7 13. Designated Completed Projects — Amended Limits of Insurance 11 14. Extended Notice Of Cancellation And Nonrenewal 8 15. Incidental Malpractice Liability 6 16. Increased Medical Payments Limit 7 17. Mobile Equipment Redefined 9 18. Nonowned Watercraft 3 19. Product Recall Expense 2 20. Property Damage Liability — Alienated Premises 2 21. Property Damage Liability — Elevators And Sidetrack Agreements 2 22. Property Damage Liability — Property Loaned To The Insured Or Personal Property In The Care, 2 Custody And Control Of The Insured 23. Reasonable Force — Bodily Injury or Property Damage 10 24. Supplementary Payments 3 25. Transfer Of Rights (Blanket Waiver Of Subrogation) 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: 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: 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 product', 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 Contract' is deleted and replaced by the following: c. Any easement or license agreement; Under SECTION V — DEFINITIONS, paragraph f.(1) of "Insured Contract' 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: 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint 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 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 product" 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 product"; 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 product" 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: $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. f. 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 product' 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 "suit' 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 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 product" 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. `*1l1.1:107_111:1Z1:1P14/_1=J14111W94191T/4:7_w:8101AU_1 ihl_W :111111111OWL9111:»:tQ111I81r_1►IDwie1l1:IT1101N121 A. Under SECTION I —COVERAGE A., paragraph 2. Exclusions, exclusion k. Damage to Your Product and exclusion I. Damage to Your Work are deleted and replaced with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage" to "your product' arising out of it or any part of it, except when caused by or resulting from: (1) Fire; (2) Smoke; (3) "Collapse"; or (4) Explosion. For purposes of exclusion k. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) "Collapse"; or (d) Explosion. For purposes of exclusion I. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 11 CG 70 63 04 17 Subject to 5. above [of the CGL Coverage Form], $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage" to "your product" and "your work" that is caused by fire, smoke, collapse or explosion and is included within the "product -completed operations hazard". This sublimit does not apply to "property damage" to "your work" if the damaged work, or the work out of which the damage arises, was performed on your behalf by a subcontractor. 24. BROADENED BODILY INJURY COVERAGE Under SECTION V — DEFINITIONS, the definition of "bodily injury" is deleted and replaced with the following: 3. 'Bodily injury" a. Means physical: (1) Injury; (2) Disability; (3) Sickness; or (4) Disease; sustained by a person, including death resulting from any of these at any time. b. Includes mental: (5) Anguish; (6) Injury; (7) Humiliation; (8) Fright; or (9) Shock; directly resulting from any "bodily injury" described in paragraph 3.a. C. All "bodily injury" described in paragraph 3.b. shall be deemed to have occurred at the time the "bodily injury" described in paragraph 3.a. occurred. 25. DESIGNATED COMPLETED PROJECTS —AMENDED LIMITS OF INSURANCE When a written contract or written agreement between you and another party requires project -specific limits of insurance exceeding the limits of this policy; A. for "bodily injury" or "property damage" that occurs within any policy period for which we provided coverage; and B. for "your work" performed within the "products -completed operation hazard"; and C. for which we previously issued Amendment Of Limits Of Insurance (Designated Project Or Premises) CG 71 94 either during this policy term or a prior policy term; and D. that designated project is now complete; the limits of insurance shown in the CG 71 94 schedule will replace the limits of insurance of this policy for the designated project and will continue to apply for the amount of time the written contract or written agreement requires, subject to the state statute of repose of the project location. These limits are inclusive of and not in addition to the replaced limits. Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 11 of 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE -THIRD PARTY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM Subject 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 30 days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. Such notice will be by certified mail with return receipt requested. This notification of cancellation, nonrenewal or material change to the person or organization 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 under this Coverage Form. SCHEDULE Name Of Person 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. States 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET FLEX ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number CPP20830851102 Policy Expiration Date 06/28/2024 Named Insured STABILE & WINN, INC. Agency Number 0775275 Date 06/29/2023 Agency TUCKER AGENCY, LTD. Policy Effective Date 06/28/2023 Account Number 12055058 Issuing Company AMERISURE MUTUAL INSURANCE COMPANY A. SECTION II -WHO IS AN INSURED is amended to add as an additional insured: 1. Any person or organization with whom you have agreed in a "written agreement" that such person or organization be added as an additional insured on this policy, and any other person or organization you are required to add as an additional insured under such "written agreement'. 2. If "your work" began under a written letter of intent or written work order, any person or organization who issued the written letter of intent or written work order, but: a. such coverage will apply only for 30 calendar days following the date the written letter of intent or written work order was issued; and b. the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the written letter of intent or written work order. This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. For the purposes of the coverage provided by this endorsement, a "written agreement' means a written contract or written agreement that: 1. requires you to include a person or organization as an additional insured for a period of time during the policy period; and 2. is executed prior to the occurrence of "bodily injury", "property damage", or "personal and advertising injury" that forms the basis for a claim under this policy. The insurance provided by this endorsement does not apply to any person or organization that is specifically listed as an additional insured on another endorsement attached to this policy. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 1 of 3 B. The coverage provided to any person or organization added as an additional insured pursuant to Paragraph A.1 is limited as follows: 1. If the "written agreement" specifically and exclusively requires you to name the person or organization as an additional insured using the ISO CG 20 10 endorsement with edition dates of 11 85 or 10 01, or the ISO CG 20 37 10 01 endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" for that insured by or for you. 2. If the "written agreement" requires you to name the person or organization as an additional insured using the ISO CG 20 10 and or CG 20 37 endorsements without specifically and exclusively requiring the 11 85 or 10 01 edition dates, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. 3. If the "written agreement" requires you to name the person or organization as an additional insured for operations arising out of your work and does not specify an ISO additional insured endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of your acts or omissions, or the acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the sole negligence of the additional insured unless specifically required in the "written agreement". 4. If none of the above paragraphs apply, then the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. However, the insurance afforded to such additional insured only applies to the extent permitted by law. C. The insurance provided to an additional insured under this endorsement does not apply to: "Bodily injury" or "property damage" included in the "products -completed operations hazard" unless the "written agreement" specifically requires such coverage (including by specifically requiring the CG 20 10 11 85). To the extent the "written agreement" requires such coverage for a specified amount of time, the coverage provided by this endorsement is limited to the amount of time required for such coverage by the "written agreement". 2. "Bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: a. The preparing, approving, or failing to prepare or approve: (1) Maps; (2) Drawings; (3) Opinions; (4) Reports; (5) Surveys; (6) Change orders; CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 2 of 3 (7) Design specifications; and b. Supervisory, inspection, or engineering services. D. The limits of insurance that apply to the additional insured are the least of those specified in the "written agreement" or declarations of this policy. Coverage provided by this endorsement for any additional insured shall not increase the applicable Limits of Insurance shown in the Declarations. The limits of insurance that apply to the additional insured are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. E. With respect to the coverage provided by this endorsement, SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. a. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: (1) Primary; (2) Excess; (3) Contingent; or (4) On any other basis. In addition, this insurance is excess over any self -insured retentions, deductibles, or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However, if the "written agreement" requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative only to the 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. For any other insurance available to the additional insured where that person or organization is not a Named Insured, this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this method, 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. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 3 of 3 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. 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: 3. Premium: The premium charge for this endorsement shall be 0.020 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: $1,344 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 06/28/2023 Policy No. WC2030255 Endorsement No. Insured Premium $ Insurance Company Countersigned by WC420304B (Ed. 6-14) © 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 30 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 The Name of Person or Organization is any person or organization holding a certificate of insurance issued for you, provided the certificate: 1. Refers to this policy; 2. States 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. Mailing Address The Mailing Address is the address shown for that person or organization in that certificate of insurance. IL 70 45 05 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE -THIRD PARTY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM Subject 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 30 days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. Such notice will be by certified mail with return receipt requested. This notification of cancellation, nonrenewal or material change to the person or organization 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 under this Coverage Form. SCHEDULE Name Of Person 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. States 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 COMMERCIAL AUTO CA 00 01 11 20 BUSINESS AUTO COVERAGE FORM Various provisions in this Policy restrict coverage. SECTION I — COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this Policy, the words "you" and "your" following numerical symbols describe the "autos" that refer to the Named Insured shown in the may be covered "autos". The symbols entered next to Declarations. The words "we", "us" and "our" refer to a coverage on the Declarations designate the only the company providing this insurance. "autos" that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Svmbol Description Of Covered Auto Desiqnation Svmbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the Policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the Policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the Policy begins. "Autos" Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the Policy begins provided they are required to have no-fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured Policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non -owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 1 of 13 19 Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this Policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire after the policy period begins of the type described for the remainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire after the policy period begins will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. 3. An "auto" that is leased or rented to you without a driver, under a written agreement for a continuous period of at least six months that requires you to provide primary insurance covering such "auto", will be considered a covered "auto" you own. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Covered Autos Liability Coverage: 1. "Trailers" with a registered Gross Vehicle Weight Rating of 3,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment' while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION II — COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident'. We have the right and duty to defend any "insured" against a "suit' asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit' as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". Page 2 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 1120 This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yo u rs. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. (5) All court costs taxed against the "insured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed, we will: (1) Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no-fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 3 of 13 b. That the "insured" would have in the absence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or (2) Performing the duties related to the conduct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. 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; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"; or b. Machinery or equipment that is on, attached to or part of a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed; (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site; or Page 4 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 1120 (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment'. Paragraphs b. and C. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. 14. Unmanned Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance or use of "unmanned aircraft". C. Limit Of Insurance Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident', the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident' is the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 5 of 13 All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derailment of any conveyance transporting the covered "auto". c. Collision Coverage Caused by: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. 2. Towing And Labor We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" that is a private passenger type, light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $30 per day, to a maximum of $900, for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the Policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". 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 indicates that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicates that Specified Causes Of Loss Coverage is provided for any covered "auto"; or Page 6 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 1120 (3) Collision only if the Declarations indicates 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 $900. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed -measuring equipment, such as radar or laser detectors, and any jamming apparatus intended to elude or disrupt speed -measuring equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that reproduces, receives or transmits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: a. Permanently installed in or upon the covered "auto"; b. Removable from a housing unit which is permanently installed in or upon the covered "auto"; c. An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or d. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limits Of Insurance 1. The most we will pay for: a. "Loss" to any one covered "auto" is the lesser of: (1) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 7 of 13 b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $1,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above; or (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations prior to the application of the Limit Of Insurance, provided that: 1. The Comprehensive or Specified Causes Of Loss Coverage deductible applies only to "loss" caused by: a. Theft or mischief or vandalism; or b. All perils. 2. Regardless of the number of covered "autos" damaged or stolen, the maximum deductible applicable for all "loss" in any one event caused by: a. Theft or mischief or vandalism; or b. All perils, will be equal to five times the highest deductible applicable to any one covered "auto" on the Policy for Comprehensive or Specified Causes Of Loss Coverage. The application of the highest deductible used to calculate the maximum deductible will be made regardless of which covered "autos" were damaged or stolen in the "loss". 611*49MILTd-1III'MIkiI 11SZ4167►1011111MZ K The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this Policy unless there has been full compliance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". 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. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". Page 8 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 1120 (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment, you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Covered Autos Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this Policy to bring us into an action to determine the "insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 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 "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 9 of 13 (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this Policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this Policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the Policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the United States of America; (3) Puerto Rico; (4) Canada; and (5) Anywhere else in the world if a covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less, provided that the "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada, or in a settlement we agree to. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V — DEFINITIONS A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or Page 10 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 1120 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: Paragraphs b. and C. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". G. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; (1) The "pollutants" escape, seep, migrate 5. That part of any other contract or agreement or are discharged, dispersed or released pertaining to your business (including an directly from an "auto" part designed by indemnification of a municipality in connection its manufacturer to hold, store, receive with work performed for a municipality) under or dispose of such "pollutants"; and which you assume the tort liability of another to 2 The "bodily injury", "property damage" pay for "bodily injury" or "property damage" to () y ti p p y g or a third party or organization. Tort liability covered pollution cost or expense means a liability that would be imposed by law does not arise out of the operation of in the absence of any contract or agreement; any equipment listed in Paragraph 6.b. or or 6.c. of the definition of "mobile equipment". CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 11 of 13 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract' to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract' does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". J. "Loss" means direct and accidental loss or damage. K. "Mobile equipment' means any of the following types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or 5. Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well -servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; or 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment' but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well -servicing equipment. However, "mobile equipment' does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. "Property damage" means damage to or loss of use of tangible property. N. "Suit' means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage"; or 2. A "covered pollution cost or expense"; b. Road construction or resurfacing equipment to which this insurance applies, are alleged. such as graders, scrapers or rollers; Page 12 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 1120 "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. Q. "Unmanned aircraft' means an aircraft that is not: 1. Designed; 2. Manufactured; or 3. Modified after manufacture; to be controlled directly by a person from within or on the aircraft. CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 13 of 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO 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 $ $200 . 00 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. However, (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 bean "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. f. 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 18 1109 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 policy was written to apply specifically in excess of this policy. 2. COVERAGE EXTENSIONS -SUPPLEMENTARY PAYMENTS Under Section II - LIABILITY COVERAGE, A.2.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 18 1109 (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 by the following: b. For Hired Auto Physical Damage, the following are deemed to be covered "autos" you own: 1. 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, AA. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced by the 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 18 1109 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, "suit" or "loss". Knowledge of an "accident", claim, "suit" 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 liability company) 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 "accident" 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 18 1109 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 18 1109 Page 5 of 5 COMMERCIAL GENERAL LIABILITY CG 00 01 0413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'bur" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I —COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit' seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any 'occurrence" and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. 'Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 1of 16 2. Exclusions 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" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured 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: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". Page 2 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened or subcontractors working directly or discharge, dispersal, seepage, migration, indirectly on any insured's behalf are release or escape of "pollutants": performing operations if the "pollutants" are brought on or to the premises, site (a) At or from any premises, site or location or location in connection with such which is or was at any time owned or operations by such insured, contractor occupied by, or rented or loaned to, any or subcontractor. However, this insured. However, this subparagraph subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage" (i) "Bodily injury" if sustained within a arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or used to heat, cool or dehumidify the mechanical functions necessary for building, or equipment that is used to the operation of "mobile equipment" heat water for personal use, by the or its parts, if such fuels, lubricants building's occupants or their guests; or other operating fluids escape from (i i) "Bodily injury" or "property damage" a vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your intentional discharge, dispersal or policy as an additional insured with release of the fuels, lubricants or respect to your ongoing operations other operating fluids, or if such performed for that additional insured fuels, lubricants or other operating at that premises, site or location and fluids are brought on or to the such premises, site or location is not premises, site or location with the and never was owned or occupied intent that they be discharged, by, or rented or loaned to, any dispersed or released as part of the insured, other than that additional operations being performed by such insured; or insured, contractor or subcontractor; (iii) "Bodily injury" or "property damage" (i i) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in for any insured or others for the connection with operations being handling, storage, disposal, processing performed by you or on your behalf or treatment of waste; by a contractor or subcontractor; or (c) Which are or were at any time (iii) "Bodily injury" or "property damage" transported, handled, stored, treated, arising out of heat, smoke or fumes "hostile disposed of, or processed as waste by from a fire". or for: (e) At or from any premises, site or location (i) Any insured; or on which any insured or any contractors or subcontractors working directly or (ii) Any person or organization for whom indirectly on any insured's behalf are you may be legally responsible; or performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 3of 16 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; Page 4 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because 'your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 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. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product' arising out of it or any part of it. I. 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 if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in 'your product' or "your work"; or This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to 'your product' or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product'; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (2) A delay or failure by you or anyone acting (3) The Fair Credit Reporting Act (FCRA), and on your behalf to perform a contract or any amendment of or addition to such law, agreement in accordance with its terms. including the Fair and Accurate Credit Transactions Act (FACTA); or CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 5of 16 (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". Page 6 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 7of 16 COVERAGE C — MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 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. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II —WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint 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. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 9of 16 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 insureds 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; 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 Part. 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 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (b) To the spouse, child, parent, brother or c. Coverage B does not apply to "personal and sister of that co -"employee" or advertising injury" arising out of an offense "volunteer worker" as a consequence of committed before you acquired or formed the Paragraph (1)(a) above; organization. (c) For which there is any obligation to No person or organization is an insured with respect share damages with or repay someone to the conduct of any current or past partnership, joint else who must pay damages because of venture or limited liability company that is not shown the injury described in Paragraph (1)(a) as a Named Insured in the Declarations. or (b) above; or SECTION III — LIMITS OF INSURANCE (d) Arising out of his or her providing or failing to provide professional health care services. (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. 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. Page 10 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "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. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 11of 16 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under 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. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; Page 12 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 b. Those statements are based upon However, "auto" does not include "mobile representations you made to us; and equipment". C. We have issued this policy in reliance upon 3. "Bodily injury" means bodily injury, sickness or your representations. disease sustained by a person, including death 7. Separation Of Insureds resulting from any of these at any time. Except with respect to the Limits of Insurance, and 4. "Coverage territory" means: any rights or duties specifically assigned in this a. The United States of America (including its Coverage Part to the first Named Insured, this territories and possessions), Puerto Rico and insurance applies: Canada; a. As if each Named Insured were the only b. International waters or airspace, but only if the Named Insured; and injury or damage occurs in the course of travel b. Separately to each insured against whom claim or transportation between any places included is made or "suit" is brought. in Paragraph a. above; or 8. Transfer Of Rights Of Recovery Against Others c. All other parts of the world if the injury or To Us damage arises out of: If the insured has rights to recover all or part of (1) Goods or products made or sold by you in any payment we have made under this Coverage the territory described in Paragraph a. Part, those rights are transferred to us. The above; insured must do nothing after loss to impair them. (2) The activities of a person whose home is in At our request, the insured will bring "suit" or the territory described in Paragraph a. transfer those rights to us and help us enforce above, but is away for a short time on your them. business; or 9. When We Do Not Renew (3) "Personal and advertising injury" offenses If we decide not to renew this Coverage Part, we that take place through the Internet or will mail or deliver to the first Named Insured similar electronic means of communication; shown in the Declarations written notice of the provided the insured's responsibility to pay nonrenewal not less than 30 days before the damages is determined in a "suit" on the expiration date. merits, in the territory described in Paragraph If notice is mailed, proof of mailing will be sufficient a. above or in a settlement we agree to. proof of notice. 5. "Employee" includes a "leased worker". SECTION V — DEFINITIONS "Employee" does not include a "temporary worker". 1. "Advertisement" means a notice that is broadcast or published to the general public or specific 6. "Executive officer" means a person holding any of market segments about your goods, products or the officer positions created by your charter, services for the purpose of attracting customers or constitution, bylaws or any other similar governing supporters. For the purposes of this definition: document. a. Notices that are published include material 7. "Hostile fire" means one which becomes placed on the Internet or on similar electronic uncontrollable or breaks out from where it was means of communication; and intended to be. b. Regarding web sites, only that part of a web 8• "Impaired property" means tangible property, other site that is about your goods, products or than "your product" or "your work", that cannot be services for the purposes of attracting used or is less useful because: customers or supporters is considered an a. It incorporates "your product" or "your work" advertisement. that is known or thought to be defective, 2. "Auto" means: deficient, inadequate or dangerous; or a. A land motor vehicle, trailer or semitrailer b. You have failed to fulfill the terms of a contract designed for travel on public roads, including or agreement; any attached machinery or equipment; or if such property can be restored to use by the b. Any other land vehicle that is subject to a repair, replacement, adjustment or removal of compulsory or financial responsibility law or "your product" or "your work" or your fulfilling the other motor vehicle insurance law where it is terms of the contractor agreement. licensed or principally garaged. CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 13of 16 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for"bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; C. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Prod ucts-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - completed operations are subject to the General Aggregate Limit. 17."Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. CG 00 01 0413 © Insurance Services Office, Inc.,2012 Page 15of 16 As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18."Suit' means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit' includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 20."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21."Your product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product'; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 16 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 0413 COMMERCIAL GENERAL LIABILITY CG 0103 06 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. With regard to liability for Bodily Injury, Property Damage and Personal And Advertising Injury, unless we are prejudiced by the insured's or your failure to comply with the requirement, no provi- sion of this Coverage Part requiring you or any insured to give notice of "occurrence", claim or "suit", or forward demands, notices, summonses or legal papers in connection with a claim or "suit" will bar coverage under this Coverage Part. CG 0103 06 06 © ISO Properties, Inc., 2005 Page 1 of 1 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S GENERAL LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS Page 1. Additional Definitions 9 2. Aggregate Limits Per Location 7 3. Aggregate Limits Per Project 6 4. Blanket Contractual Liability — Railroads 3 5. Broadened Bodily Injury Coverage 10 6. Broadened Knowledge Of Occurrence 8 7. Broadened Legal Liability Coverage For Landlord's Business Personal Property 7 8. Broadened Liability Coverage For Damage 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 provision 9, Broadened Who Is An Insured, paragraph 2.a.(1)1 11. Contractual Liability — Personal And Advertising Injury 3 12. Damage To Premises Rented To You — Specific Perils and Increased Limit 7 13. Designated Completed Projects — Amended Limits of Insurance 11 14. Extended Notice Of Cancellation And Nonrenewal 8 15. Incidental Malpractice Liability 6 16. Increased Medical Payments Limit 7 17. Mobile Equipment Redefined 9 18. Nonowned Watercraft 3 19. Product Recall Expense 2 20. Property Damage Liability — Alienated Premises 2 21. Property Damage Liability — Elevators And Sidetrack Agreements 2 22. Property Damage Liability — Property Loaned To The Insured Or Personal Property In The Care, 2 Custody And Control Of The Insured 23. Reasonable Force — Bodily Injury or Property Damage 10 24. Supplementary Payments 3 25. Transfer Of Rights (Blanket Waiver Of Subrogation) 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: 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: 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 product', 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 Contract' is deleted and replaced by the following: c. Any easement or license agreement; Under SECTION V — DEFINITIONS, paragraph f.(1) of "Insured Contract' 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: 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint 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 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 product" 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 product"; 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 product" 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: $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. f. 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 product' 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 "suit' 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 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 product" 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. `*1l1.1:107_111:1Z1:1P14/_1=J14111W94191T/4:7_w:8101AU_1 ihl_W :111111111OWL9111:»:tQ111I81r_1►IDwie1l1:IT1101N121 A. Under SECTION I —COVERAGE A., paragraph 2. Exclusions, exclusion k. Damage to Your Product and exclusion I. Damage to Your Work are deleted and replaced with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage" to "your product' arising out of it or any part of it, except when caused by or resulting from: (1) Fire; (2) Smoke; (3) "Collapse"; or (4) Explosion. For purposes of exclusion k. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) "Collapse"; or (d) Explosion. For purposes of exclusion I. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 11 CG 70 63 04 17 Subject to 5. above [of the CGL Coverage Form], $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage" to "your product" and "your work" that is caused by fire, smoke, collapse or explosion and is included within the "product -completed operations hazard". This sublimit does not apply to "property damage" to "your work" if the damaged work, or the work out of which the damage arises, was performed on your behalf by a subcontractor. 24. BROADENED BODILY INJURY COVERAGE Under SECTION V — DEFINITIONS, the definition of "bodily injury" is deleted and replaced with the following: 3. 'Bodily injury" a. Means physical: (1) Injury; (2) Disability; (3) Sickness; or (4) Disease; sustained by a person, including death resulting from any of these at any time. b. Includes mental: (5) Anguish; (6) Injury; (7) Humiliation; (8) Fright; or (9) Shock; directly resulting from any "bodily injury" described in paragraph 3.a. C. All "bodily injury" described in paragraph 3.b. shall be deemed to have occurred at the time the "bodily injury" described in paragraph 3.a. occurred. 25. DESIGNATED COMPLETED PROJECTS —AMENDED LIMITS OF INSURANCE When a written contract or written agreement between you and another party requires project -specific limits of insurance exceeding the limits of this policy; A. for "bodily injury" or "property damage" that occurs within any policy period for which we provided coverage; and B. for "your work" performed within the "products -completed operation hazard"; and C. for which we previously issued Amendment Of Limits Of Insurance (Designated Project Or Premises) CG 71 94 either during this policy term or a prior policy term; and D. that designated project is now complete; the limits of insurance shown in the CG 71 94 schedule will replace the limits of insurance of this policy for the designated project and will continue to apply for the amount of time the written contract or written agreement requires, subject to the state statute of repose of the project location. These limits are inclusive of and not in addition to the replaced limits. Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 11 of 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE -THIRD PARTY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM Subject 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 30 days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. Such notice will be by certified mail with return receipt requested. This notification of cancellation, nonrenewal or material change to the person or organization 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 under this Coverage Form. SCHEDULE Name Of Person 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. States 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET FLEX ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number CPP20830851102 Policy Expiration Date 06/28/2024 Named Insured STABILE & WINN, INC. Agency Number 0775275 Date 06/29/2023 Agency TUCKER AGENCY, LTD. Policy Effective Date 06/28/2023 Account Number 12055058 Issuing Company AMERISURE MUTUAL INSURANCE COMPANY A. SECTION II -WHO IS AN INSURED is amended to add as an additional insured: 1. Any person or organization with whom you have agreed in a "written agreement" that such person or organization be added as an additional insured on this policy, and any other person or organization you are required to add as an additional insured under such "written agreement'. 2. If "your work" began under a written letter of intent or written work order, any person or organization who issued the written letter of intent or written work order, but: a. such coverage will apply only for 30 calendar days following the date the written letter of intent or written work order was issued; and b. the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the written letter of intent or written work order. This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. For the purposes of the coverage provided by this endorsement, a "written agreement' means a written contract or written agreement that: 1. requires you to include a person or organization as an additional insured for a period of time during the policy period; and 2. is executed prior to the occurrence of "bodily injury", "property damage", or "personal and advertising injury" that forms the basis for a claim under this policy. The insurance provided by this endorsement does not apply to any person or organization that is specifically listed as an additional insured on another endorsement attached to this policy. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 1 of 3 B. The coverage provided to any person or organization added as an additional insured pursuant to Paragraph A.1 is limited as follows: 1. If the "written agreement" specifically and exclusively requires you to name the person or organization as an additional insured using the ISO CG 20 10 endorsement with edition dates of 11 85 or 10 01, or the ISO CG 20 37 10 01 endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" for that insured by or for you. 2. If the "written agreement" requires you to name the person or organization as an additional insured using the ISO CG 20 10 and or CG 20 37 endorsements without specifically and exclusively requiring the 11 85 or 10 01 edition dates, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. 3. If the "written agreement" requires you to name the person or organization as an additional insured for operations arising out of your work and does not specify an ISO additional insured endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of your acts or omissions, or the acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the sole negligence of the additional insured unless specifically required in the "written agreement". 4. If none of the above paragraphs apply, then the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. However, the insurance afforded to such additional insured only applies to the extent permitted by law. C. The insurance provided to an additional insured under this endorsement does not apply to: "Bodily injury" or "property damage" included in the "products -completed operations hazard" unless the "written agreement" specifically requires such coverage (including by specifically requiring the CG 20 10 11 85). To the extent the "written agreement" requires such coverage for a specified amount of time, the coverage provided by this endorsement is limited to the amount of time required for such coverage by the "written agreement". 2. "Bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: a. The preparing, approving, or failing to prepare or approve: (1) Maps; (2) Drawings; (3) Opinions; (4) Reports; (5) Surveys; (6) Change orders; CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 2 of 3 (7) Design specifications; and b. Supervisory, inspection, or engineering services. D. The limits of insurance that apply to the additional insured are the least of those specified in the "written agreement" or declarations of this policy. Coverage provided by this endorsement for any additional insured shall not increase the applicable Limits of Insurance shown in the Declarations. The limits of insurance that apply to the additional insured are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. E. With respect to the coverage provided by this endorsement, SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. a. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: (1) Primary; (2) Excess; (3) Contingent; or (4) On any other basis. In addition, this insurance is excess over any self -insured retentions, deductibles, or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However, if the "written agreement" requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative only to the 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. For any other insurance available to the additional insured where that person or organization is not a Named Insured, this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this method, 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. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 3 of 3 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. 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: 3. Premium: The premium charge for this endorsement shall be 0.020 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: $1,344 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 06/28/2023 Policy No. WC2030255 Endorsement No. Insured Premium $ Insurance Company Countersigned by WC420304B (Ed. 6-14) © 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 30 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 The Name of Person or Organization is any person or organization holding a certificate of insurance issued for you, provided the certificate: 1. Refers to this policy; 2. States 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. Mailing Address The Mailing Address is the address shown for that person or organization in that certificate of insurance. IL 70 45 05 07 ® ' ® 1 2 3 4 5 6 SECTION 00 62 13 PERFORMANCE BOND 006213-1 PERFORMANCE BOND Page 1 of 2 Bond Number: 022237432 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § 7 8 That we, Teias Commercial Construction, known as "Principal" herein and The Ohio Casualty 9 Insurance COMDanv. a corporate surety(sureties, if more than one) duly authorized to do business 10 in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound 1 l unto the Developer, NewPad Building Comnanv LLC. authorized to do business in Texas 12 ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City', in the penal 13 sum of, Four Hundred Ninety Seven Thousand One Hundred Nineteen and 52/100 Dollars 14 ($497,119.62), lawful money of the United States, to be paid in Fort Worth, Tarrant Countv. 15 Texas for the payment of which sum well and truly to be made jointly unto the Developer and the 16 City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and l7 assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number 21-0129: and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the day of IV �►� , 20 which Contract is hereby referred to and made a 23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 24 and other accessories defined by Iaw, in the prosecution of the Work, including any Change 25 Orders, as provided for in said Contract designated as Water, Sewer, Pavine, Storm Drain. and 26 Streetlieht for Trails of Fossil Creek Subdivision, 27 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 28 shall faithfully perform it obligations under the Contract and shall in all respects duly and 29 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 30 specifications, and contract documents therein referred to, and as well during any period of 31 extension of the Contract that may be granted on the part of the Developer and/or City, then this 32 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH WATER, SANITARY SEWER._ & DRAINAGF. IMPROVEMENTS STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 2 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SE 8 this instrument by duly authorized agents and officers on this the 3 day oV�,Ca •'' Ftpel • - 0 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PRINCIPAL: Teias Commercial Construction S A'•.• Signature ATTEST: (Principal) Secretary AIA7 (_�� Witness as to PrAcipaT Wi as to Surety ��n Pti�►#� tP Name and Tide Address: PO Box 10395 River Oaks. TX SURETY: The Ohio Casualtv Insurances E � BY:- Signatur — L Llovd Ray Pitts Jr. Attorn-v 7-In-Fact , Name and Title Address: PO Box 34526 Seattle. WA 98124 Telephone Number: 469-661-0314 *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 WATER, SANITARY SEWER, & DRAINAGE IMPROVEMENTS STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised January 31, 2012 IroM No. 8050M 0062 13.1 PERFORMANCE BOND Peg. 1 of3 I SECTION 00 62 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Stabile & Winn, Inc. , known as 9 "Principal" herein and Ao..Hi .. M.h,a1 a corporate 10 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as Il "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Newuad Building 12 Company, LLC, authorized to do business in Texas ("Developer") and the City of Fort 13 Worth, a Texas municipal corporation ("City"), in the penal sum of, Three hundred fifty six thousand six hundred 14 seventv.k and 14/1an Delius 3 356.676.14 1, 15 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the 16 payment of which sum well and truly to be made jointly onto the Developer and the City as dual 17 obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 18 and severally, firmly by these presents. 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number 21.0129;and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded AA 23 the b day of 1 Ws J , 20V� which Contract is hereby referred to and made a 24 part hereof for all purposes as if fully set forth herein, to famish all materials, equipment labor 25 and other accessories defined by law, in the prosecution of the Work, including any Change 26 Orders, as provided for in said Contract designated as Trails of Fossil Crack. 27 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 28 shall faithfully perform it obligations under the Contract and shall in all respects duly and 29 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 30 specifications, and contract documents therein referred to, and as Well during any period of 31 extension of the Contract that may be granted on the part of the Developer and/or City, then this 32 obligation shall be and become null and void, otherwise to remain in full force and effect. COY OF FORT WORM TY ob ojFwrail G ,k STANDARD CITY CONDITIONS- DEVELOPER AWARDED PROJECTS PmJad Na CPN 10329NJPRC21-0059 Revised Jemmy 31, 2012 006213-2 PERFORMANCE BOND Page 2 d3 1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN V4MSS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the _ _day of AA�- 9 .202h 10 11 12 13 14 15 16 ATTEST: 17 18 �/(/.///ter 19 (Prinapalj Secretary 20 21 22 23 24 25 g to Principal 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 witness as to Surety 41 Brandi Heath, Witness 42 43 PRINCIPAL: Stabile & YVinn. Inc. _� BY:V9--t— / .1erry 1{gn e.r ^�ve e.Pre¢Uant Address: P O Box 79380 Saginaw. TX 76179 SURETY: Amerisure Mutual Insurance Comnanv B SignaN�e --� Tracy Tucker. Attornev-in-Fact Name and Title Address: 2R21 W- 7th Rtreet 9500 Fort Worth. TX 76187 Telephone Number: 817/336-8520 44 *Note., If signed by an officer of the Surety Company, there must be on file a certified extract 45 from the by-laws showing that this person has authority to sign such obligation. If 46 Surety's physical address is different from its mailing address, both must be provided. 47 CI OFFORTWORTH iSatU ojF s,t Cmek STANDARD CrtY COMMONS- DEVELOPERAWARDED FROMM Protect No. CPN 10329611PRC21-0059 Revised 5eauuy 31, 2012 W0 13-3 PERFORMANCE BOND Page 3 d3 The date of the bond shall not be prior to the date the Contract is awarded. CITYOFFORTWORTH Tr &nfFa+xdcaA STANDARD CITY COMMONS—DtnMOPERAWA MPRO3ECT5 Projecl No. CPN 10329NIPRC21-0059 Revised 1.31,2012 1 2 3 SECTION 00 62 13 PERFORMANCE BOND - 4470594 006213-1 PERFORMANCE BOND Page I of 2 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, C&S Utility Contractors Inc, known. as "Principal" herein and g SureTec Insurance Company , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, NewPad Building Company LLC, 11 authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal 12 corporation ("City"), in the penal sum of forty-one thousand nine hundred ninety-eight and 13 00/100 Dollars ($41,998.00), lawful money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas for the payment of which sum well and truly to be made jointly unto the Developer 15 and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors 16 and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 19 CFANumber CFA21-0129; and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 21 the 9th day of May , 2024, which Contract is hereby referred to and made a part 22 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and 23 other accessories defined by law, in the prosecution of the Work, including any Change Orders, as 24 provided for in said Contract designated as Trails of Fossil Creek. 25 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 26 shall faithfully perform it obligations under the Contract and shall in all respects duly and 27 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 28 specifications, and contract documents therein referred to, and as well during any period of 29 extension of the Contract that may be granted on the part of the Developer and/or City, then this 30 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project Na._.103296 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 2 1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 S IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 9th day of May ATTEST: 2024. (Principal) Secret �. Witness s to Prin at TTEST: (Surety) Secretary Witness as fo Surety PRINCIPAL: C&S Utility Contractors, Inc. BY: -- Signature Name and Title Address: 6705 Highway 287 Arlington, TX 76001 SURETY: SureTec Insuran�Company !� 7 /! 1-4 BY: Si W Frank Swingle - Attorney[ n Fact Nalne and Title Address: 13760 Noel Road, Suite 600 Telephone Number: 972-387-3000 10 "Note: If signed by an officer of the Surety Company, there must be on file a certified extract 11 from the by-laws showing that this person has authority to sign such obligation.-lf--"- 12 Surety's physical address is different from its mailing address, both must be provided. 13 The date of the bond shall not be prior to the date the Contract is awarded. _ - CITY OF FORT WORTH Trails of yossil Creek . STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No, 103296 Revised January 31, 2012 POA #: 4221060 SureTec Insurance Company LIMITED POWER OF ATTORNEY KnowAYMen by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a c o rpo ration duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute a nd appo int Frank Swingle, Warren Gravely, Jr., Matthew B. Elmore, Kirk D. Dreyer, John M. Huff, Stacey Healy, DeAnna Hansford Crombie, Lynsie DeCet, Lawrence Wesson, Jr., Katie Hunt, Crystal Carlson, Collin Brence, Sarah Swain its true and lawfWAttorney-in-fact, with fulipowerand authority hereby conterred in its name, place and stead, to execute, acknowledge and deliver anyandallbonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bondpenalty does not exceed Five Million and 001100 Dollars ($5,000,000.00) and to bindthe Company thereby as fully and to the same extent as if such bond were signed by the President, scaled with the corporate sea I of the Company and duly attestedj)y its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions ofthe Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be an d is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Facts hall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearingfacsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adoptedotameeting held on 20`h ofApril, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signedby its President, and its corporate seal to be hereto affixed this 10th day of October , A.D. 2023 . SURETEC INSURANCE COMPANY �O,lali.VpFC �u!' X q ''�� By: w € ur = n Michael C. Keimig, Presider CC State ofTexas ss: County of Harris On this 10th day of October , A.D. 2023 before me personally came Michael C, Kcimig, tome known, who, being by me duly sworn, did depose and say, thathe resides in Houston, Texas, thathe is President of SURETEC INSURANCE COMPANY, the company described in and which ex ecu ted the above instrument; thathe knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. XENIA RIVAS Notary Public State of Texas Commission # 129117659 Commission Expires 9/10,124 Xenia ,NotaryPublic My coixttnissionexpires September 10,2024 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, s e t out in the Power of Attorney are in full force and effect. Given undermyhand and the seal of said Company at Houston, Texas this `ti day of }"I -Z A.D. M. BentBeaty�Assistan5ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. 4221060 For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST. SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714- 9104 Fax#: 512-490-1007 Web: httr)://www.tdi.state.t<.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS 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. SIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Limitation on Bond Penalty Increase Notwithstanding any provision in the bonds or subcontract to the contrary, the penal sum of this Bond shall automatically be adjusted to reflect the additive or deductive amounts of all change orders issued to the Subcontract; provided, however, that Obligee shall notify Surety if an individual change order increases the Subcontract Price by more than 1 a%, and, if at any point the aggregate amount of all change orders increases the Subcontract Price by more than 35% of the Subcontract Price, the Surety's consent shall be required to increase the penal sum of this Bond in excess of 35% of the Subcontract Price, such consent not to be unreasonably withheld. The failure to provide the required notice shall not release Surety from its obligations to the extent of the bond penalty in force prior the change that required such notice. Texas Rider 010106 I 3 4 5 16 7 8 9 to 11 12 13 14 15 !6 17 18 19 20 SECTION 00 62 14 PAYMENT BOND 006214-1 PAYMENT BOND Page I of 2 Bond Now ber: 022237432 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Teias Commercial Construction, known as "Principal" herein, and The Ohio Casualty Insurance Comnanv, 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, NewPad Buildine Comnanv LLC, authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of Four Hundred Ninetv Seven Thousand One Hundred Nineteen and 52/100 Dollars ($497,119.52), 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 21-0129. and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the ] day of ! \,-) , 20A , which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Water, Sewer, Paving, Sloan Drain, 26 and Streefliuht for Trails of Fossil Creek Subdivision. 27 NOW, THEREFORE, THE CONDITION OF THIS OBLICrATIDN is such that if ^8 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 30 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 31 force and effect. CITY OF FORT WORTH WATER, SANITARY SEWER, & DRAINAGE IMPROVEMENTS STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Prwrr No. 103296 Revised January 31, 2012 006214-2 PAYMENTBOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and office3-s on this the 6 May .20 24 8 9 10 11 12 13 ATTEST: (Principal) Secretary - a-L�� Witness as to Principal ATTEST: v�- (Surety) Secretary W ss as to Surety PRINCIPAL: Teias Commercial Construction BY:�� Signature Name and Title Address: PO Box 10395 River Oaks, TX 8th day of ��S1iSllli]Ilftrr��r,J 'Oetc4ar .f • �pQ a' . G - .� SURETY: The Ohio Casualty Insurance Comnanv BY- S i n Ire g _ Llovd Rav Pitts Jr. Attornev-In-Fact Name and Title Address: PO Box 34526 Seattle. WA 98124 Telephone Number: 469-661-0314 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 band shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH WATER, SANITARY SEWER, & DRAINAGE IMPROVEMENTS STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Pr ojecl No. 103296 Revised January 31. 2012 This Power of Attorney limits the acts of those named herein, and they have no authority to hind the Company except in the manner and to the extent herein stated. 1$w Liberty Liberty Mutual Insurance Company mutual. The Ohio Casualty Insurance Company Certfcate No: 8207315-992468 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly Organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company Is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint Jordan Pitts. Lloyd Ray Pitts, Jr.; William D. Birdsong all of the city of Richardson state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, remgnizances and other surely obligations, in pursuance of these presents and shall be as binding upon Iha Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 9th day of February 2022 . Liberty Mutual Insurance Company PV INsu �5Y INsa %1484 The Ohio Casualty Insurance Company �oapOr4T �np�O+�, p4y �aaPOa,,. West American Insurance Company 2 Z F6 iT . PO LP�6 [r 'l91� n N �] ,�n Auto Iva 1 n Y 9 -,C� b:' S ��W O 4 ��}T ARCM �a � kA µPS' � '!s �NOIASI➢' �a f it N O U '=' m David M. Carey, Assistant Secretary State of PENNSYLVANIA cr •9 3 m rn County of MONTGOMERY o E 0 w On this 9th day of February 2022 before me person appeared David M. Care who acknowledged himself to be the Assistant Secrete of Lib" Mutual in Y rY R Y pp Y1 Secretary 1Y Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being autharfzed so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. y — IN WITNESS WHEREOF. I have hereunto subscribed my name and affixed my notarial seal at King of Prussia. Pennsylvania, on the day and year First above written. to A PAaT Il0 `''_ ` do Qk' xw i o its p Cemrlgnw9511h of Pannaylyanig. -Notary Seal Teresa paa[ella, rJolazy public Kpwrwm �6i p7� C ql OF My oommissign exGkae Maud+ 28. 2625 Gnmm6sW number 112W44 B y- C) n7 `o ou w v1 Member. Perinwymm A=00un of iYoledes air"' Pastella, Notary Public 4- Co R y D This Power of Attdmey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company. Liberty Mutual 3 0 S : Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a � ID ARTICLE IV - DFFfCERS- Section 12. Power of Atfomey. a C° Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the —0 - u President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety cc = any and all undertakings, bonds, recognizarim and other surety obligations. Such attomeys4-fact, subject to the Ilmitations set forth in their respective powers of attorney, shall -0 U have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such a of instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -foci under the ca provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority, L02 a ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such tlmits lion s as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, — bonds, recognizanoes and other surety obligai ins. Such attorneys -in -fact subject to the limitations set forth in !heir respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such insruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attameys-in- fact as may be necessary to act on behalf of the. Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bands, recognlzances and other surety obligations. Authorisation - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signatom-ofany a! s:&a %-secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds. shall be aaKd•and Nndrig upon the Cam_ pang with the same force and effect as though manually affixed. - I. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, -and Wept American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by eaITCotnaanies, is i6 full force ono effect and has not been revoked. IN TESTIMONY WHEREOF, i have hereunto set my hand and affixed the seals of said Companies this day of ZP m 1912 ry p�acaus` a LMS-i2673 LMIC CCIC WAIC 4ulti Co 0=1 i919 C 1991 e yox ''a'"4Sa�da❑ rs '"°'��'P. da BY: ReneeC. Llewellyn. Assistant Secrets 6 Liberty amuttlit. SURETY Figure: 28 TAC § 1.601(a)(2)(B) Have a complaint or need help? If you have a problem with a claim or your premium; call your insurance company or HMO first. If you can't work out the issue; the Texas Department of Insurance may be able to help. Even if you fie a complaint with the Texas Department of Insurance, you should also fie a complaint or appeal through your insurance company or HMO. If you don't, you may lose your right to appeal. The Ohio Casualty Insurance Company To get information or file a complaint with your insurance company or HMO: Call: Liberty Mutual Surety Claims at 266-473-6216 Online: www.LiberiyMutualSuretyClaims.corn Email: HOSCL@libertymutual.com Mail. P.D. Box 34526 Seattle, WA 98124 The Texas Department of Insurance To get help with an insurance question or file a Complaint with the state. Call with a question: 1-890-252-3439 File a complaint: www.tdi.texas.gov Email: ConsurnerProtection a[@tdi texas.gov Mail: MC 111-1A, P.Q. Box 149,391, Austin, TX 78714-9091 jiene una queja ❑ necesita ayuda? Si fiene, un problema con una reclamacian o con su prima de Segura, (lame primero a su compania de seguros o HMO. Si no puede resolver el problema, es posible que el ❑epartamento de Seguros de Texas (Texas Department of Insurance, por su nornhre erg ingles) pueda ayudar. Aun si usted presenta una queja ante el Deparamento de Seguros de Texas, tambien debe presentar una queja a trav6s del proceso de quejas o de apelaciones de sty compania de seguros o HMO. Si no Io hace, podria perder su derecho para apelar. The Ohio Casualty Insurance Company Para obtener information o para presentar una queja ante su compania de seguros o HMO: LM 5-152920 9120 Llame a: Liberty Mutual Surety Claims al 206-473-6210 En linear www.LibertyMutualSuretyC[aims.com Correo electr6nico� HOSCL@Iibertymutual.com ❑irecci6n postal: P.Q. Box 34526 Seattle, WA 98124 El Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado. Llarne con sus preguntas al. 1-800-252-3439 Presente una queja en: www.tdi.texas.gov Correo electr6nico: ConsumerProtection@tdi.texas.gov Direcci6n postal: MC 111-1A. P.C. Box 149091, Austin; TX 78714-9091 LMS-15Z?3 8120 Bond No 8050179 W6214-1 PAYNIENT BOND Page 1 of3 i SECTION 00 6214 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Stabile& Winn. Inc- _ known as 9 "Principal' herein, and Amerisure Mama] insurance Comnsav _a 10 corporate surety ( or sureties if more than one), duly authorized to do business in the State of 11 Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the 12 Developer, Newnad Building Commune. LLC, authorized to do business in Texas 13 "(Developer's, and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal 14 sum Of Three hundred fittv six thousand six hundred seventv six and 141100 Dollars 15 (S 356,676.14 ), lawful money of the United States, to be paid in Fort Worth, 16 Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the 17 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, 18 successors and assigns, jointly and severally, firmly by these presents: 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth, by and through a Community Facilities 21 Agreement, CPA Number 214129 ;and 22 WHEREAS, Principal has entered into a certain written Contract with Developer, 23 awarded the _ day of /r1Ah , 20 ! , which Contract is hereby 24 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 26 Work as provided for in said Contract and designated as Trails of Fossil Creek. 27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 28 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 29 Chapter 2253 of the Texas Government Code, w amended) in the prosecution of the Work under 30 the Contract, then this obligation shall be and become null and void; Otherwise to remain in full 31 force and effect. CrrY OF PORT WORTH TMt! ofFoeai(6ee! STANDARD CITY CONDMONS- DEVELOPER AwAEDRD PROJECTS Project Na CPN 10329611PRC21-0059 R i» Janamr 31,2012 006214-2 PAY TBOND Page 2 af3 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the g day of 6 � .20 tj_. 8 9 10 li 12 13 14 ATTEST: (Princi SecO �✓ "�J to Princlp ATTEST: (Surety) Secretary YJA r te(f 7 Witness as to Surely Brandt Heath, Witness PRINCIPAL: Stabile &W a. Inc. "'Alre 3erry Hen.�y/snn Vl,nV.ident Name and Title Address: P O Box 793SO Saginaw, TX 76179 SURETY: Amerisure Mutual Insurance Companv B Jgnature Tracv Tucker Attorney -in -Fact Name and Tit�e Address: 2821 W. 7th Street #500 Fort Worth. TX 76107 Telephone Number: g17/336_S520 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 daze of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CRYOPFORTWORM nails ofPw daeeF STANDARD=CONDITIONS- DEVELOPER AWARDED PROJECTS Project No. CPN 1032MPRC21-0039 Revised January 31,2012 006213-3 PAYMENT BOND Page 3 of3 CITY OF FORT WORTH Txn: JFa.:n C.oek STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROI S Pmjs"No. CPN 103"wpRc2l-m59 Revlxd January 31, 2012 0062 14 - 1 PAYMENT BOND Page l of 2 1 SECTION 00 62 14 2 PAYMENT BOND - 4470594 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, C&S Utility Contractors Inc, known as "Principal" herein, and g SureTec Insurance Company , a corporate surety ( or 9 sureties if more than one), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, NewPad 11 Building Company LLC, authorized to do business in Texas "(Developer"), and the City of Fort 12 Worth, a Texas municipal corporation ("City"), in the penal sum of forty-one thousand nine 13 hundred ninety-eight and 00/100 Dollars ($41,998.00), lawful money of the United States, to be 14 paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made 15 jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, 16 administrators, successors and assigns, jointly and severally, firmly by these presents: 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth, by and through a Community Facilities 19 Agreement, CFANumber CFA21-0129; and 20 WHEREAS, Principal has entered into acertain written Contract with Developer, 21 awarded the 9th day of May , 2024, which Contract is hereby 22 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 23 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 24 Work as provided for in said Contract and designated as Trails of Fossil Creek. 25 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 26 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 27 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 28 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 29 force and effect. 30 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 31 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 32 accordance with the provisions of said statute. CITY OF FORT WORTH Trails of Fessi] Cree& — _ STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Projed-No. 103296 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 9th day of 3 MaY 12024. ATTEST: (Principal) eeretary Witne s Principal TTEST: (Surety) Secretary Oitnesso Surety 4 PRINCIPAL: C&S Utility Contractors, Inc. BY: �6- Slgnature Name and Title Address: 6705 Highway 287 Arlington, TX 76001 SURETY: SureTec Insuran Co n/ � 17i /ii BY: S Frank Swingle - Attorney in Fact Name and Title Address: 13760 Noel Road, Suite 600 Dallas, TX 75240 Telephone Number: 972-387-3000 5 Note: if signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. 8 The date of the bond shall not be prior to the date the Contract is awarded. 9 END OF SECTION CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Trails of Fossil Creek— City Project No. 103296 POA #: 4221060 SureTec Insurance Company LIMITED POWER OF ATTORNEY KnowAllMenbyThesePresent%ThatSURETECINSURANCECOMPANY(the"Company"),acorporation duly organized and existing under the laws of the State of Texas, and having its principa I office in Houston, Harris County, Texas, does by these presents make, constitute andappoint Frank Swingle, Warren Gravely, Jr., Matthew B. Elmore, Kirk D. Dreyer, John M. Huff, Stacey Healy, DeAnna Hansford Crombie, Lynsie DeCet, Lawrence Wesson, Jr., Katie Hunt, Crystal Carlson, Collin Brence, Sarah Swain its true and lawtitl Attorney -in -fact, with fullpower and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver anyand allbonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bondpenalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bindthe Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the co rporate seal of the Company and duly attestedby its Secretary, hereby ratifying and confirming a U that the said Attomey-in-Fact may do in the premises. Said appoin trnent is made under and by authority of the foflowing resolutions ofthe Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with fit]] power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: ,4ttorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seat shall be v a l i d and binding upon the Company with respect to any bond or undertaking to which it is attached. (adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its Presid ent, and its corporate seal to be hereto affixed this 10th day of October A.D. 2023. ftAN SURETEC .INSURANCE COMPANY O� By. Michael C. Keimig,Presiden � 411 s State of Texas ss: County of Harris On this 10th day of October A,D. 2023 before me personally came Michael C. Keimig, tome known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal ofs aid Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. XENIA RIVAS Notary Public State of Texas Commission # 129117559 I•y�nF S4',: Commission Expires 9110,24 w... ,.,...... ,. ,... rr1t2r•� Xenia ,No6ryPubtic My commission expires September 10, 2024 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given undermy hand and the seal of said Company at Houston, Texas this day of A.D. M. Br'entBeaty, Assistant Secretary Any instrumentissued inexcess ofthe penalty stated above is totally void and without any validity. 4221060 For verification ofthe authority of this power you may call (713)812-0800 anybusiness daybetween 8:30 am and 5:00 pm CST. SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toil free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714- 9104 Fax#:512-490-1007 Web: httD://www.tdi.state.tx.us. Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS 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. SIC TX Rider TDi Required Notices rev 07_2022 Page 1 of 1 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Limitation on Bond Penalty Increase Notwithstanding any provision in the bonds or subcontract to the contrary, the penal sum of this Bond shall automatically be adjusted to reflect the additive or deductive amounts of all change orders issued to the Subcontract; provided, however, that Obligee shall notify Surety if an individual change order increases the Subcontract Price by more than 10%, and, if at any point the aggregate amount of all change orders increases the Subcontract Price by more than 35% of the Subcontract Price, the Surety's consent shall be required to increase the penal sum of this Bond in excess of 35% of the Subcontract Price, such consent not to be unreasonably withheld. The failure to provide the required notice shall not release Surety from its obligations to the extent of the bond penalty in force prior the change that required such notice. Texas Rider Ol OI Q6 1 2 3 4 5 6 7 SECTION 09 62 19 MAINTENANCE BOND 006219-1 MAINTENANCE BOND Page 1 of 3 Band Number: 022237432 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § 8 That we Teias Commercial Construction, known as "Principal" herein and The Ohio Casualtv 9 Insurance Comt)anv , a corporate surety (sureties, if more than one) duly authorized to do 10 business in the State of Texas, known as "Surety" herein (whether one or more), are held and I 1 firmly hound unto the Developer, NewPad Buildina Comtaanv LLC, authorized to do business in 12 Texas ("Developea" ) and the City of Fort Worth, a Texas municipal corporation ("City"), in the 13 sum of Four Hundred Ninetv Seven Thousand One Hundred Nineteen and 52/100 Dollars 14 ($497,119.52), IawfuI money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas, for payment of which sum well and truly be made jointly unto the Developer and the City 16 as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, 17 successors and assigns, jointly and severally, firmly by these presents. 18 19 WHEREAS, Developer and City bave entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number 21-0129; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 3 day of r Y p► I , 20 a4 , which Contract is 24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as Wirier, Sewer, Pavine. Storm 28 Drain. and Screed l--hi for Trails of Fossil Creek Subriivision; and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"), and 34 CITY OF FORT WORTH WATER, SANITARY SEWER, & DRAINAGE IMPROVEMENTS STANDARD CITY CONDITIONS —DEVELOPERAWARDED PROJECTS Ciry Project No.. 103296 Revised January 31, 2012 096219-2 MAINTENANCE BOND Page 2 of 3 l WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 5 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in fill force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 1 1 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and. Is 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH WATER, SANITARY SEWER, & DRAINAGE IMPROVEMENTS STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised January 3I, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this AlA 2 instrument by duly authorized agents and officers on this the 3 day of ! 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 xdal co 4 ` APO +. PRINCIPAL: Teias Commercial ConstructioTF- "Fl. Signature a,..�•`'�• ATTEST: (Principal) Secretary Narne and Title Witness a�toincCipaLlf ATTES' 1`," to Surety Address: PO Box 10395 .River Oaks. TX SURETY: The Ohio Casualtv lnsuraAcert;cpPmy BY: - 1 Si ature - Lln_vd Rav Pitts Jr. Attornev-ln�:Pact Name and Title - Address: PO Sox 34526 Seattle. WA 98124 Telephone Number: 469-661-0314 35 `.1 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must he provided. 39 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH WATER, SANITARY SEWER. & DRAINAGE IMPROVEMENTS STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised ]anuary 31, 2012 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Uberty Liberty Mutual Insurance Company mutual. The Ohio Casualty Insurance Company Certificate No: 8207315-992468 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana {herein collectively ailed the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jordan Pitts, Lloyd Ray Pitts, Jr., William D. Birdsong all of the city of Richardson state of TX each individually if there be more than one named, its true and lawful attorney -In -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizance,; and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 9th day of February 2022 Liberty Mutual Insurance Company iNstr'''pppt-1 "VS IHsu The Ohio Casualty Insurance Company RFOR,r ���in qJ pRpOiL IP p 0 West American Insure nos Company 91912 s$1919�a Q 1991 pcKus ahAMeaa ry, •NaiaK� ya r �U rc David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss E On this 9th day of February 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance e8 m v (U Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ' therein contained by signing on behalf of the corporations by himself as a duly authorized Officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia. Pennsylvania, on the day and year first above written. 0 &0 O 5¢ PAST a 2 �'�paNw 0, CMnmvnw Ilh of pennsyhr a • NOtary Seal �w$os F Teresa Pasielle, HrAary PuhGe 01'— O 4F Montgomery Cqunry ;= tC My commfxsion expires March 29.2a25 B.lCl 0 U7 Comm asim number 112W y lj,, Pasted,, NotaryPublic 4 g) Member, PennsylvmlaFaeomabon of Nobuin } This Power of Attorney is made and executed pursuant to and by authority of the following fay -laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3.. C'V CO 0 Insurance Company, and West American Insurance Company which resoldtions are now in full force and effect reading as follows: o M r2 ARTICLE IV —OFFICERS-. Sedorl 12. Power of Attorney, °p 0 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the � - ?? President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety CoL° any and all undertakings, bonds, reeognizances and other surety obflgations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall -q U have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such a m U instruments shall be as hinding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the M provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. t4 n ARTICLE XIII — Execution of Contracts: Section 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such altomeyrOn-fact, as may he necessary to act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers Of attorney, shall have full power to hind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company, When so executed such 1nstmments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature fsnX Wmta>g secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds. shall he vatl&and•binling uodn the : omRpny with the same force and effect as though manually affixed. - I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, k&WastAmerice'r lnsuramrb Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by sai?-Companies, is icrfull forcg�nd ei�ec_t and has not been revoked, nn V = IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ¢j day of � INSU �YY INS wNSUq� - JU j�3°osr�r�c'm 1912 c 1918 n 1991 rd ` e a y�3 """14 �a �,Sw��NbIANr Aa g Renee C. Llewellyn, Assistant Secretary LMS-12873 LMiC CCIC INAIC Mu@! Go MQ1 Liberia Mutual: SURETY Figure: 28 TAC § 1.601(a)(2)(8) Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company or HMO first. If you can't worst out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of insurance; you should also file a complaint or appeal through your insurance company or HMO. If you don't, you may lose your right to appeal. The Ohio Casualty Insurance Company To get information or file a complaint with your insurance company or HMO: Call: Liberty Mutual Surety Claims at 206-473-6210 Online: www.LibertyMutualSuretyClaims.com Email HC)SCL@Iibertymutual.com Mail; P.O. Box 34526 Seattle, WA 98124 The Texas Department of Insurance To get help with an insurance question or file a Complaint with the state: Call with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov Email ConsumerProtection@tdi.texas.gov Mail: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091 jiene una queja o necesita ayuda? Si tiene, un problema con una reclamacian o core su prima de seguro, Ilame primero a su compania de seguros ❑ HMO. Si no puede resolver el problem@, es posible que el ❑epartamento de Seguros de Texas (Texas Department of Insurance, por su nombre en ingles) pueda ayudar. Aun si usted presenta una queja ante el Deparamento de Seguros de Texas, tambi6n debe presentar una queja a traves del proceso de quejas o de apelaciones de su cornpania de seguros ❑ HMO. Si no to hate, podria perder su derecho para apeiar. The Ohio Casualty Insurance Company Para ❑btener inforrnacian o para presenter una queja ante su compania de seguros a HMO: LOS-15282a 5r20 dame a: Liberty Mutual Surety Claims al 206-473-6210 Erg Linea: www.LibertyMutualSuretyClaims.com Correo electr6nico: HOSCr-@Iibertymutual.com Direccion postal: P.D. Box 34526 Seattle, WA 98124 El Departamento de Seguros de Texas Para obtener ayuda can una pregunta relacionada con los seguros o para presentar una queja ante el estado. Llame con sus preguntas al: 1-800-252-3439 Presente una queja en: www tdi.texas gov Correo electr6nico: ConsumerProtection@tdi.texas.gov Direccion postal: MC 111-1A. P.Q. Box 149091. Austin, TX 78714-9091 INS-15292a 9120 Bond No. 8050179 W6219-1 MAINTENANCE BOND Past 1 of3 1 SECTION 00 62 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That We Stabile & Winn. inn , known as 9 "Principal" herein and Amerisure Mutual Insurance Conimmv , a corporate surety 10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as I "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Newuad Building 12 Company, LLC, authorized to do business in Texas ("Developer") and the City of Fort 13 Wo ,�i a Texas in'ci ccgqr�mazu ("City'), in the sum 4ee hundred -h tha San sir 14 of hundred seventy six and 14/100 Dollars ($ 356.676.14 1, 15 lawful money of the United States, to be paid in Fort Worthy Tarrant County, Texas, for payment 16 of which sum well and truly be made jointly unto the Developer and the City as dual obligees and 17 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 18 jointly and severally, firmly by these presents. 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Worth by and through a Community Facilities 22 Agreement, CPA Number 21-0129;and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer r, 24 awarded the day of o,, , 20—a—YL which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 28 the "Work") as provided for in said Contract and designated as Trails of Fossil Creek; and 1 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 34 CITY OF FORT WORTH Tim&lffa ll C 11* STANDARD CM WNDITIONS— DEVELOPERAWARDED PROJECTS Pq&a, No. CPN 103290PRC21-0059 Bruised Jmu 31.2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 W 23 Don 19-2 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. CRY OF FORT WORTH T WII ofF.A C.Ik STANDARD CITY CONDITIONS— DEVELOPERAWARDED PROJECTS Prgen Na. CPN 1032WPW21-0059 Revixd J=a 31,2012 006219.3 MADJTENANCE BOND Page 3 of3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized1 11agents and officers on this the 1z day of AIA., 3 20''1�. 4 5 6 7 8 9 10 11 ATTEST: - 12 r 13 14 (Princip I) Secretary 15 16 17 18 19 s to Principe 22 23 24 25 26 27 28 29 ATTEST: 30 31 PRINCIPAL: Stabile & Winn. Inc. BY: Jerendemon__�� Vice -President NName and iiitis Address: P O Box 79380 Saginaw. TX 76179 SURETY: Ameroslin Mutual insurance Company BY�1a 4 SJgnamre Tracy Tucker, Attorney -in -Fact _ _ - Name and Title Address: 2821 W. 7th Street #500 32 (Surety) Secretary Fort Worth, Tx'J61U'J- 33 34 35 Witness as to Sarety - Telephone Number: 817/336-8520 36 Breach Heath. imess ` 37 'Note: If signed by an officer of the Surety Company, there most be on file a certified extract -.. - 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CrJY OF FORT WORTH r rrr ajFoanl CY ek STANDARD CITY CONDJTIONS-DEVELOPER AWARDED PROIECf6 Projem Na. CPN J032964PRC2J-0059 Rav Jemmy 31,2012 DUAL OBLIGEE RIDER To be attached to and form a part of contract bond number 8050179 issued by the Amerisure Mutual Insurance Comnanv on behalf of Stabile & Winn. Inc. in the amount of Three hundred fifty six thousand six hundred seventv six and 14/100 ($356.676.14) and dated in favor of Newoad Buildine Comnanv. LLC. In consideration of the sum of One Dollar ($1.00), and other good and valuable consideration receipt of which is hereby acknowledged, the Undersigned herby agree as follows: 1. City of Fort Worth. Texas is hereby added to said bond as an additional obligee. 2. The Surety shall not be liable under this bond to the Obligee, or either of them unless the said Obligees, or either of them, shall make payments to the Principal strictly in accordance with the terms of the said contract as to payments, and shall perform all other obligations to be performed under said contract at the time and in the manner therein set forth. 3. No suit, action or proceeding by reason of any default whatever shall be brought on this bond after two (2) years and one (1) month from the day on which the final payment under said construction contract falls due. 4. Aggregate liability of Surety hereunder to Obligees is limited to the penal sum above stated and Surety, upon making payment hereunder, shall be subrogated to, and shall be entitled to an assignment of all rights of the payee with respect to the particular obligation discharged by the payment, either against principal or against any other party liable to the payee on the discharged obligation. Signed, sealed and dated this � day of M-) . 20%t1 . 'Stabile& Winn. Inc. Princi $endeik Vice -President Amerisure Mutual Insurance COmnany Surety Tracy Tuck r, Attorney -in -Fact AMERISURE AMERISURE MUTUAL INSURANCE COMPANY 'SURETY AMERISURE INSURANCE COMPANY AMERISURE PARTNERS INSURANCE COMPANY POWER OF ATTORNEY ICSOW ALL MEN BY THESE PRESENTS: That Amensure Mutual Insurance Comp M. Amensure Insurance Company andgmensure Pamiers Insurance Company are corporationsduly organimi under the hats ofthe Sure of Michigan (herein collectively thc Trimpaniece), ad that the Companies do hereby make, court rpe and appohit TRACY TUCKER, STEVEN TUCKER, KEVIN J. DUNN, W. LAWRENCE BROWN BENNETT BROWN AND ROBERTA H. ERB of Tucker A9ertoy, Ltd. its true and IawfW Abomey(s}in FecS each m their separate capaciry if more than one is renned abovq tn sign, execux, as and,nocoladge, forandonim in nnoand thin nanddeed, bondserrotherswnrigulati n,coryinthe oulte ofebond idbehalfofeachofsaid Companies, as surety, on contracts or xesuretyship rt is or may be requited or permitted by law, regulation, conhact or othersnse, provided that no bond or undertaking w convect or svreryship execmad undathis au[hordy shall exceedsia amamrt of: ONE HUNDRED MILLION ($100,000,000.00) DOLLARS This Power ofAtmmey is gained out signed by facsimile under and by the authonry of the following Resolutions adopted by the Boards of Directors of Amensure Mutual Insurance Company, Amensure Insurance Comparry sal Amensure Partnee Insurance Comperry at meetings duly called and held on February ll,2M "RESOLVED, that any Iwo ofthe President & Chief Executive Officer, the ChiefFinanciat ORca & Treasurer. the Senior Vice Precedent Surety, the Vice President Sorely, the Generel Counsel &Corporate Secretary be, and each or are afthem hereby iaaorrossed tn execute, a Power ofAttomey qutdit vaa Ea atomey-in-fact named in the given Power of Attorney to execute on behalf ofthe Company bonds, uidamkmgs and all cwmaaess of early, and that President& Chief Executive Officer, ChiefFinancial Officer & Treasumr w General Counsel &Corporate Secretary each or arty ofthem hereby is suNonzed to elks[ to the execution ofany such Power of Attorney and to attach thereat the seal ofthe Comparry, FURTHER RESOLVED, that fie signature of such officers and the seal of the Company may be affixed w any such Power of Attnmey or m for ecnificak relating thereto electronically/digitally or by fmsimde, and any such Power of Attorney or certificate bearing such eladro ce/digisel or facsimile signatures or elavonrcldi&� Or fsenrin le and shall be houses, upon she CmnPony when w of liked vd in the Iwme with regard to any hand, anderUlong or cormxt ofsurery to which h is atmched, FUltTEER RESOLVED,thatarty work carried out by the sftor:;- - One tart to this resolution"! be valid and binding upon the Company' .....,, kIN 4qq+. t a5Un fry BY: 011, 14u: n`.'I wf''5.... p.pka �29 ?'o em`,nq'0c,--- Michael A. Its, Senior Vice Presided Surety - - w~'Lb �grri -mSEAL ao'.� SEAL ;�: % _a: SEAL ¢t �60 .,� \d\�a)hf'-/fR!q.A aeo Syi'kvn e.?�r?j By Aaron Green, Vice President Surely yeriGtatv M WITNESS WHEREOF, Amensure Mutual Insurance Compare, Amensure Insurance Company andgmmsure Partners Insurance Compvry have caused their odicial seals to be hereunto affixed, au these presents to be signed by their amhotiaed oficem this 26th day of April 20 23 _ Amensure Mutual Insurance Company Amensure Insurance Company Amerisure Partners Insurance Company County of Kane On this 2Mhday of April 2023 before me, allotery Public personally appeared Michael A Ira. of Amensure Maaal Insurance Company,Amaieure Insurance Comparry end Amensure Penman Insurance Company, and Awn Great of Amensure Mutual loswrmce Compare, Amensure Insurance Car iy vianmedawe Pvtruasbisurence Company, pvaur»llyknown ro me, xawtring bymedu)Yawom, acknowledged tlnt they noised dro shore PowerofAttomey se officers ofard acknowledged said insaumeM to be the voluntary act sad dead oftheir respective companies. susesewswae, (} �,rT 1• y �F M.Ewry, Notary Public 1, Chnst� her M� Scooda, the duty elected ChiefFinevevl Officer & Treasurer ofAmenrvrett union Insurance Company, Amensure Insurance Compeny and Amensure Partners nears ice Company, do hereby certify and attest that the above and foregoing is a rate end correct cap, ofa Poser ofA oui executed by .,it Companies, which remain in full force and effect. N WITNESS WHEREOF,! have set my hand ardafraod the seals ofthe Companies does _ day of 20 ChristopherM Senate, ChiefFinencial Officer At T vataftlF _ - AMERISURE SURETY Texas Important Notice IMPORTANT NOTICE To obtain information or make a complaint: You may call Amerisure Surety's toll -free telephone number for information or to make a complaint at: 1.800-257.1900 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 12030 Austin, TX 78711-2030 Fax: (512)490.1007 Web: www.tdi.texas.gov E-mail: ConsumerPmtectlon@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the company 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. Amerisure Mutual Insurance Company Amerisure Insurance Company Amerisure Partners Insurance Company P.O. Box 9098 Farmington Hills, MI 49333-9098 AVISO IMPORTANTE Para obtener informaci6n o para presentar una queja: Laced puede llamar al manero de telefono gramito de Amerisure Surety's para obtener infornaci6n o para presenter one queja al: 1-900-257-1900 Usted puede comunicarse con el Departamento de Se gurus de Texas para obtener infornaci6n sobre corn-pa0ias, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Segums de Texas a: P.O. Box 12030 Austin, TX 78711.2030 Fax: (512) 490-1007 Shin web: www.tdi.texas.gov E-mail: ConsumerPmtecfion@tdi.texas.guv DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si fiene una dispute relacionada con so prima de seguro 0 con una reclamaci6n, usted debe comunicarse con la campafiia primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Segums de Texas. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para prop6sitos informativos y no se con-vierte en parts o en condici6n del documento adjunto. 006219-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6219 2 MAINTENANCE BOND - 4470594 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, C&S Utility Contractors Inc, known as "Principal" herein and 9 SureTec Insurance Companv, a corporate surety (sureties, if more than one) duly authorized to do 10 business in the State of Texas, known as "Surety" herein (whether one or more), are held and 11 firmly bound unto the Developer, NewPad Building Company, LLC, authorized to do business in 12 Texas ("Developer") and the City of FortWorth, a Texas municipal corporation ("City"), in the 13 sum of forty-one thousand nine hundred ninety-eight and 00/100 Dollars ($41,998.00), lawful 14 money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of 15 which sum well and truly be made jointly unto the Developer and the City as dual obligees and 16 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 17 jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 20 CIA Number CFA21-0129; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer 22 awarded the 9th day of May , 2024, which Contract is hereby 23 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment labor and other accessories as defined by law, in the prosecution of the 25 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 26 the "Work") as provided for in said Contract and designated as Trails of Fossil Creek; and 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two (2) years 30 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 31 CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Trails of Fossil Creek. City Project No. 103296 006219-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 NOW THEREFORE, the condition of this obligation is such that if Principal shall 5 remedy any defective Work, for which timely notice was provided by Developer or City, to a 6 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 7 remain in full force and effect. 8 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 9 noticed defective Work, it is agreed that the Developer or City may cause any and all such 10 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 11 by the Principal and the `Surety under this Maintenance Bond; and 12 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 13 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 14 Worth Division; and 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised January 31, 2012 0 Trails of Fossil Creek - City Project No. 10329fi 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 9th day of 3 May .2024. ATTEST: (Principal) Secret Witness a to rincip A TEST: (Sure ) Secretary Itness as to Surety PRINCIPAL: C&S Utility Contractors, Inc. BY:� Signature Name and Title Address: 6705 Highway 287 Arlington, TX 76001 SURETY: SureTec Insura -' rvpy, ` BY: - 4gnature Frank Swingle - AttorXey in Fact Name and Title Address: 13760 Noel Road, Suite 600 nallas TX 75240 Telephone Number: 972-387-3000 4 S *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 6 from the by-laws showing that this person has authority to sign such obligation. If 7 Surety's physical address is different from its mailing address, both must be provided. 8 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 103296 Revised January 31, 2012 POA #: 4221060 SureTec Insurance Company LIMITED POWER OF ATTORNEY KnowAll Men by These PresentS That SURETEC INSURANCE COMPANY (the "Company"), a e o rpo ration duly organized and existing under the laws of the State ofTexas, and having its principa I office in Houston, Harris County, Texas, does bythese presents make, constitute andappoint Frank Swingle, Warren Gravely, Jr., Matthew B. Elmore, Kirk D. Dreyer, John M. Huff, Stacey Healy, DeAnna Hansford Crombie, Lynsie DeCet, Lawrence Wesson, Jr., Katie Hunt, Crystal Carlson, Collin Brence, Sarah Swain its true and lawfiilAttomey-in-tact, with fullpowerand authority hereby conterredin its name, place and stead, to execute, acknowledge and deliver any andaiibonds,recognizances,undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents ofsurety for, providingthe bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bindthe Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attestedby its Secretary, hereby ratifying and confirming a 11 that the said Attomey-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be an d is hereby vested with full power and authority to appoint any one or more suitablepersons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be bindingupon the Company as i€signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney of any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adoptedatameeting held on 20"h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signedby its President, and its corporate seal to be hereto affixed this 10th day of October , A.D. 2023. y ftAucF SURETEC .INSURANCE COMPANY ,� : ,. B wc'�� X Y= W $! MichaelC.Keimig,Presiden ��,;. 1 f v State of Texas ss: .. County of Harris w*' On this 10th day of October , A.D. 2023 before me personally came Michael C. Keimig, to me known, who, being by me duly sworn, did de p o s c and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, thecompany described in and which executed the above instrument; thathe knows theseal of said Company; that the seal affixed to said instrumentis such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. XENIA RIVAS Notary Public State of Texas Commission # 129117659 Commscion Expires 9/10/24 . �... ....,........... aCA01QrQ1kc- Xenia ,Not�tryPublic My commissionexpires September 10, 2024 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board ofDirecto rs , s et out in the Power of Attorney are in full force and effect. Given undermy hand and the seal of said Company at Houston, Texas this day of A R A.D. ftr ��.. M. Bt'entBeaty, Asststat'{Secretary, Any instrument issued in excess ofthe penalty stated above is totally void and without anyvalidity. 4221060 For verification ofthe authority of this power" you may call (713) 812-0800 any business day between8:30 am and 5:00 pm CST. SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714- 9104 Fax# : 512-490-1007 Web: htto://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS 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. SIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Limitation on Bond Penalty Increase Notwithstanding any provision in the bonds or subcontract to the contrary, the penal sum of this Bond shall automatically be adjusted to reflect the additive or deductive amounts of all change orders issued to the Subcontract, provided, however, that Obligee shall notify Surety if an individual change order increases the Subcontract Price by more than 10%, and, if at any point the aggregate amount of all change orders increases the Subcontract Price by more than 35% of the Subcontract Price, the Surety's consent shall be required to increase the penal sum of this Bond in excess of 35% of the Subcontract Price, such consent not to be unreasonably withheld. The failure to provide the required notice shall not release Surety from its obligations to the extent of the bond penalty in force prior the change that required such notice. Texas Rider 010106 1 SureTec Insurance Company RIDER TO BE ATTACHED TO AND FORM A PART OF PERFORMANCE AND PAYMENT BONDS BOND NO.4470594 Wherein C&S Utility Contractors, Inc. is named as Principal and SureTec Insurance Company, as Surety in favor of City of Fort Worth, TX as Obligee, in the amount of Forty One Thousand Nine Hundred Nines Eight Dollars ($41,998.00) effective May 9th, 2024 for Trails of Fossil Creek - City Project No. 103296, CFA No. 21-0129. WHEREAS, when this bond was executed City of Fort Worth, TX was named as Obligee, and WHEREAS, it is now desired that certain other parties be added as "Additional Obligees". NOW, THEREFORE, it is hereby understood and agreed that the following shall be considered as Additional Obligees under this bond: NewPad Buildinq Company LLC The foregoing, however, is subject to the following further provisions: (1) The Surety shall not be liable under this bond to the Obligees, or any of them, unless the said Obligees, or any of them, shall make payment to the Principal or Surety strictly in accordance with the term of said contract as to payments, and shall promptly perform all other obligations to be performed to by the Obligee under said contract at the time and in the manner therein set forth. (2) The Principal and the Surety shall not be liable to any one or to all of the Obligees in the aggregate in excess of the penal sum of the bond, to wit:$41,998.00 . Signed, and sealed this 9th day of May, 2024. Signatures on following page SIC AS Dual Obligee Rider rev 10_2021 Page 1 of 2 Principal: C&S Utility Contractors, Inc. SureTec Insurance Company 0� By: �-- Name: Title: By: bxA-4 gS Q' 4� ijr> Name: Frank Swingle Attorney -in -Fact Signature Signature SIC AS Dual Obligee Rider rev 10_2021 Page 2 of 2 POA #: 4221060 SureTec Insurance Company LIMITED POWER OF ATTORNEY KnowAIIMenby These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State ofTexas, and havingits principa I office in Houston, Harris CountyTexas, do es by these presents make, constitute and appoint Frank Swingle, Warren Gravely, Jr., Matthew B. Elmore, Kirk D. Dreyer, John M. Huff, Stacey Healy, DeAnna Hansford Crombie, Lynsie DeCet, Lawrence Wesson, Jr., Katie Hunt, Crystal Carlson, Collin Brence, Sarah Swain its true and lawfulAttomey-in-fact, with fullpowerand authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver anyandallbonds, recognizances, undertakings or other instruments or contracts of suretyship toinc lude waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 001100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate sea I of the Company a nd duty attestedby its Secretary, hereby ratifying and confirming a U that the said Attomey-in-Fact may do in the premises. Said appointment ismadeunderandby authorityof the followingresolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney (s)-in -Fact to representand act for an d on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall bebindingupon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seat shall be v a I i d an d binding upo n th c Co mp any with respect to any b ond or un dertak in g to which it is attached. (Adoptedatameeting held on20`hof4pri1, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this loth day of October , A.D. 2023 . u ��}fiANC� " t? SURETEC INSURANCE COMPANY �� r x y '•gig By. w z iu n �y Gy �s 4 Michael C. Keimig, Presider State of Texas ss: - County of Harris On this 10th day of October , A.D. 2023 before me personally came Michael C. Keimig, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston,Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the sea] affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. XENIA RIVAS Notary Public State of Texas Commission # 129117659 Commission Expires 9/10/24 Xeni My coa ,NotaryPtxblic mmissianexpires September 10, 2024 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board ofDirectors, set out in the Power of Attorney are in full force and effect. Given undermy hand and the seal of said Company at Houston, Texas this day of A.D. ]J J M. Br'entBeaty, AssistanISecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. 4221060 For verification ofthe authority of this power you may call (713)812-0800 any business day between 8:30 am and 5:00 pm CST. SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714- 9104 Tax#:512-490-1007 Web: htto://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS 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. SIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 4 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Limitation on Bond Penalty Increase Notwithstanding any provision in the bonds or subcontract to the contrary, the penal sum of this Bond shall automatically be adjusted to reflect the additive or deductive amounts of all change orders issued to the Subcontract; provided, however, that Obligee shall notify Surety if an individual change order increases the Subcontract Price by more than 1 Q%, and, if at any point the aggregate amount of all change orders increases the Subcontract Price by more than 35% of the Subcontract Price, the Surety's consent shall be required to increase the penal sum of this Bond in excess of 35% of the Subcontract Price, such consent not to be unreasonably withheld. The failure to provide the required notice shall not release Surety from its obligations to the extent of the bond penalty in force prior the change that required such notice. Texas Rider 010106 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 Article 1 — Definitions and Terminology.......... 1.01 Defined Terms ............................... 1.02 Terminology .................................. Article 2 — Preliminary Matters ....................... 2.01 Before Starting Construction...... 2.02 Preconstruction Conference........ 2.03 Public Meeting ............................ Page ............................................1 ............................................1 ............................................ 5 ......................................................... 6 ......................................................... 6 ......................................................... 6 ......................................................... 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 ............................................ 5.19 Delegation of Professional Design Services 5.20 Right to Audit: ............................................. 5.21 Nondiscrimination ........................................ Article 6 - Other Work at the Site....... 6.01 Related Work at Site ....... Article 7 - City's Responsibilities ........................................... 7.01 Inspections, Tests, and Approvals ...................... 7.02 Limitations on City's Responsibilities ............... 7.03 Compliance with Safety Program ....................... Article 8 - City's Observation Status During Construction 8.01 City's Project Representative .......................... 8.02 Authorized Variations in Work ....................... 8.03 Rejecting Defective Work ............................... 8.04 Determinations for Work Performed ............... Article 9 - Changes in the Work ...................... 9.01 Authorized Changes in the Work 9.02 Notification to Surety ................... Article 10 - Change of Contract Price; Change of Contract Time 10.01 Change of Contract Price ........................................... 10.02 Change of Contract Time ........................................... 10.03 Delays......................................................................... 24 24 25 25 26 26 26 26 26 27 .......................... 27 .......................... 27 .......................... 27 .......................... 27 .......................... 28 Article 11 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............ 11.01 Notice of Defects.............................................................................................................. 11.02 Access to Work................................................................................................................. 11.03 Tests and Inspections........................................................................................................ 11.04 Uncovering Work............................................................................................................. 11.05 City May Stop the Work................................................................................................... 11.06 Correction or Removal of Defective Work...................................................................... 11.07 Correction Period.............................................................................................................. 11.08 City May Correct Defective Work................................................................................... Article 12 - Completion ........................................... 12.01 Contractor's Warranty of Title ............ 12.02 Partial Utilization ................................. 12.03 Final Inspection .................................... 12.04 Final Acceptance .................................. Article 13 - Suspension of Work ..................................... 13.01 City May Suspend Work ............................. Article 14 - Miscellaneous .......................................... 14.01 Giving Notice .......................................... CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 a a a a ... 29 ... 29 ... 29 ... 29 ... 30 ... 30 ... 30 ... 30 ... 31 ................................. 32 ................................. 32 ................................. 32 ................................. 32 ................................. 33 ............................................................. 33 ............................................................. 33 34 34 14.02 Computation of Times................................................................................................................ 34 14.03 Cumulative Remedies................................................................................................................. 34 14.04 Survival of Obligations...............................................................................................................35 14.05 Headings......................................................................................................................................35 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page I of 35 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions in. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection — Inspection carried out by the City to 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time 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 apart 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. in. and ending at 5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 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 1.02.13 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non - Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 — CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 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; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 — BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable 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 parry 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each 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 o£ 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 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: None 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: None Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence:: None 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 - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 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 0125 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including 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 5.05.13. 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: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. (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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. ® Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas 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 31 st 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 1 lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any 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 4.02.13. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 — OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 — CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. Developer/Contractor. City will forward all invoices for retests to 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work 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: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly 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 i£ 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 11 00 SUMMARY OF WORK 011100-1 DAP SUMMARY OF WORK Paget of 3 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 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. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects City Project No. 103296 Revised December 20, 2012 011100-2 DAP SUMMARY OF WORK Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission ftom the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 18 lawns, fences, culverts, curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects City Project No. 103296 Revised December 20, 2012 011100-3 DAP SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 12 13 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects City Project No. 103296 Revised December 20, 2012 012500-1 DAP SUBSTITUTION PROCEDURES SECTION 0125 00 SUBSTITUTION PROCEDURES PART1- GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 4 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, CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 012500-2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution 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. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 012500-3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 4. Substitution will be rejected if. a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer's opinion, acceptance will require substantial revision of the original design d. In the City's or Developer's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALSANFORMATIONAL 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] DATE NAME END OF SECTION Revision Log SUMMARY OF CHANGE CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 012500-4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include 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 as noted Firm Not recommended Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date Recommended Received late CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 013119-1 DAP PRECONSTRUCTION MEETING SECTION 01 31 19 PRECONSTRUCTION MEETING PART1- GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 3 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 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 013119-3 DAP PRECONSTRUCTION MEETING Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 013233-1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 SECTION 0132 33 PRECONSTRUCTION VIDEO PART1- 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] CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] SECTION 0133 00 DAP SUBMITTALS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 013300-1 DAP SUBMITTALS Page 1 of 8 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. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 013300-2 DAP SUBMITTALS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 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 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 '/2 inches x 11 inches to 8 '/2 inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 013300-3 DAP SUBMITTALS Page 3 of 8 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly 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 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 013300-4 DAP SUBMITTALS Page 4 of 8 7) Standard wiring diagrams 8) Printed performance curves and operational -range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare -parts listing and printed product warranties 12) As applicable to the Work H. Samples 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 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) CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 013300-5 DAP SUBMITTALS Page 5 of 8 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms 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 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 013300-6 DAP SUBMITTALS Page 6 of 8 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. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 013300-7 DAP SUBMITTALS Page 7 of 8 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 013300-8 DAP SUBMITTALS Page 8 of 8 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 1040IZI]wlX40Y1.130 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised August 30, 2013 Number] 1 2 3 4 PART1- GENERAL 5 1.1 SUMMARY 0135 13- 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 SECTION 0135 13 SPECIAL PROJECT PROCEDURES 6 A. Section Includes: 7 1. The procedures for special project circumstances that includes, but is not limited 8 to: 9 a. Coordination with the Texas Department of Transportation 10 b. Work near High Voltage Lines 11 c. Confined Space Entry Program 12 d. Air Pollution Watch Days 13 e. Use of Explosives, Drop Weight, Etc. 14 f. Water Department Notification 15 g. Public Notification Prior to Beginning Construction 16 h. Coordination with United States Army Corps of Engineers 17 i. Coordination within Railroad permits areas 18 j . Dust Control 19 k. Employee Parking 20 21 B. Deviations from this City of Fort Worth Standard Specification 22 1. None. 23 C. Related Specification Sections include, but are not necessarily limited to: 24 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 25 2. Division 1— General Requirements 26 3. Section 33 12 25 — Connection to Existing Water Mains 27 28 1.2 REFERENCES 29 A. Reference Standards 30 1. Reference standards cited in this Specification refer to the current reference 31 standard published at the time of the latest revision date logged at the end of this 32 Specification, unless a date is specifically cited. 33 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 34 High Voltage Overhead Lines. 35 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 36 Specification 37 1.3 ADMINISTRATIVE REQUIREMENTS 38 A. Coordination with the Texas Department of Transportation 39 1. When work in the right-of-way which is under the jurisdiction of the Texas 40 Department of Transportation (TxDOT): CITY OF FORT WORTH Trails of Fossil Creek City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Project No. 103296 Revised August, 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 01 35 13-2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 a. Notify the Texas Department of Transportation prior to commencing any work therein in accordance with the provisions of the permit 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 0131 13 E. Water Department Coordination CITY OF FORT WORTH Trails of Fossil Creek City Project STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS No. 103296 Revised August, 30, 2013 013513-3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 1 1. During the construction of this project, it will be necessary to deactivate, for a 2 period of time, existing lines. The Contractor shall be required to coordinate with 3 the Water Department to determine the best times for deactivating and activating 4 those lines. 5 2. Coordinate any event that will require connecting to or the operation of an existing 6 City water line system with the City's representative. 7 a. Coordination shall be in accordance with Section 33 12 25. 8 b. If needed, obtain a hydrant water meter from the Water Department for use 9 during the life of named project. 10 c. In the event that a water valve on an existing live system be turned off and on 11 to accommodate the construction of the project is required, coordinate this 12 activity through the appropriate City representative. 13 1) Do not operate water line valves of existing water system. 14 a) Failure to comply will render the Contractor in violation of Texas Penal 15 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 16 will be prosecuted to the full extent of the law. 17 b) In addition, the Contractor will assume all liabilities and 18 responsibilities as a result of these actions. 19 F. Public Notification Prior to Beginning Construction 20 1. Prior to beginning construction on any block in the project, on a block by block 21 basis, prepare and deliver a notice or flyer of the pending construction to the front 22 door of each residence or business that will be impacted by construction. The notice 23 shall be prepared as follows: 24 a. Post notice or flyer 7 days prior to beginning any construction activity on each 25 block in the project area. 26 1) Prepare flyer on the Contractor's letterhead and include the following 27 information: 28 a) Name of Project 29 b) City Project No (CPN) 30 c) Scope of Project (i.e. type of construction activity) 31 d) Actual construction duration within the block 32 e) Name of the contractor's foreman and phone number 33 f) Name of the City's inspector and phone number 34 g) City's after-hours phone number 35 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 36 A. 37 3) Submit schedule showing the construction start and finish time for each 38 block of the project to the inspector. 39 4) Deliver flyer to the City Inspector for review prior to distribution. 40 b. No construction will be allowed to begin on any block until the flyer is 41 delivered to all residents of the block. 42 G. Public Notification of Temporary Water Service Interruption during Construction 43 1. In the event it becomes necessary to temporarily shut down water service to 44 residents or businesses during construction, prepare and deliver a notice or flyer of 45 the pending interruption to the front door of each affected resident. 46 2. Prepared notice as follows: 47 a. The notification or flyer shall be posted 24 hours prior to the temporary 48 interruption. CITY OF FORT WORTH Trails of Fossil Creek City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Project No. 103296 Revised August, 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number 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 £ 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. L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean Construction Specification [if required for the project] 1. Comply with equipment, operational, reporting and enforcement requirements set forth in NCTCOG's Clean Construction Specification.} CITY OF FORT WORTH Trails of Fossil Creek City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Project No. 103296 Revised August, 30, 2013 013513-5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 1 1.4 SUBMITTALS [NOT USED] 2 1.5 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.6 CLOSEOUT SUBMITTALS [NOT USED] 4 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.8 QUALITY ASSURANCE [NOT USED] 6 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.10 FIELD [SITE] CONDITIONS [NOT USED] 8 1.11 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 12 DATE NAME 8/31/2012 D.Johnson 13 END OF SECTION Revision Log SUMMARY OF CHANGE 1.3.13— Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. CITY OF FORT WORTH Trails of Fossil Creek City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Project No. 103296 Revised August, 30, 2013 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 013513-6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 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 CITY OF FORT WORTH Trails of Fossil Creek City Project STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS No. 103296 Revised August, 30, 2013 2 3 4 013513-7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 EXHIBIT B FORT WORTH DM*: DOE NO. XXXX Project Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ,CONTRACTOR CITY OF FORT WORTH Trails of Fossil Creek City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Project No. 103296 Revised August, 30, 2013 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but 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 Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City's document management system, or another form of distribution approved by the City. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised March 20, 2020 Number] 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magana Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City's document management system. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised March 20, 2020 Number] 015000-1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS PART1- GENERAL 1.1 SUMMARY A. Section Includes: Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised JULY 1, 2011 Number] 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. 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 Provide and maintain for the duration or construction when required in contract documents E. Dust Control CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised JULY 1, 2011 Number] 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on -call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT 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 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised JULY 1, 2011 Number] 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised JULY 1, 2011 Number] 015526-1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART1- 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. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised July 1, 2011 Number] 015526-2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 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 SUBMITTALSANFORMATIONAL 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 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised July 1, 2011 Number] 015526-3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised July 1, 2011 Number] 015713-1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION 0157 13 STORM WATER POLLUTION PREVENTION PART1- 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 3125 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 3125 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. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised July 1, 2011 Number] 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 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 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 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 3125 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 Submit in accordance with Section 0133 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised July 1, 2011 Number] 0157 13 -3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 0133 00. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised July 1, 2011 Number] 015813-1 DAP TEMPORARY PROJECT SIGNAGE Page 1 of 3 SECTION 0158 13 TEMPORARY PROJECT SIGNAGE PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Temporary Project Signage Requirements B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2- PRODUCTS 2.1 OWNER -FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USEDI 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS A. Design Criteria 1. Provide free standing Project Designation Sign in accordance with City's Standard Details for project signs. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 01 58 13 - 2 DAP TEMPORARY PROJECT SIGNAGE Page 2 of 3 B. Materials 1. Sign a. Constructed of 3/4-inch fir plywood, grade A-C (exterior) or better 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. General 1. Provide vertical installation at extents of project. 2. Relocate sign as needed, upon request of the City. B. Mounting options a. Skids b. Posts c. Barricade 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE A. General 1. Maintenance will include painting and repairs as needed or directed by the City. 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 0158 13 -3 DAP TEMPORARY PROJECT SIGNAGE DATE NAME 4/7/2014 M. Domenech Revision Log SUMMARY OF CHANGE Revised for DAP application Page 3 of 3 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] SECTION 0160 00 PRODUCT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City's website at: httDs://apps.fortworthtexas.2ov/ProiectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. C. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. D. See Section 0133 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] CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised March 20, 2020 Number] 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 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] DATE NAME END OF SECTION Revision Log SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City's Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magafia Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City's website. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised March 20, 2020 Number] 016600-1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 SECTION 0166 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART1- 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. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. 5. Provide off -site storage and protection when on -site storage is not adequate. a. Provide addresses of and access to off -site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other private 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. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 016600-3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 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 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 017000-1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 SECTION 0170 00 MOBILIZATION AND REMOBILIZATION PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related 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 IRM97[yW.307Z%140IDleh89,11101111114`1V A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Specified Remobilization" in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.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. 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] CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application Page 4 of 4 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 017123-1 CONSTRUCTION STAKING AND SURVEY Page 1 of 7 1 SECTION 01 71 23 2 CONSTRUCTION STAKING AND SURVEY 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Requirements for construction staking and construction survey 7 B. Related Specification Sections include, but are not necessarily limited to: 8 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 9 2. Division 1 — General Requirements 10 1.2 PRICE AND PAYMENT PROCEDURES 11 A. Measurement and Payment 12 1. Construction Staking 13 a. Measurement 14 1) This Item is considered subsidiary to the various Items bid. 15 b. Payment 16 1) The work performed and the materials furnished in accordance with this 17 Item are subsidiary to the various Items bid and no other compensation will 18 be allowed. 19 2. Construction Survey 20 a. Measurement 21 1) This Item is considered subsidiary to the various Items bid. 22 b. Payment 23 1) The work performed and the materials furnished in accordance with this 24 Item are subsidiary to the various Items bid and no other compensation will be 25 allowed. 26 3. As -Built Survey 27 a. Measurement 28 1) This Item is considered subsidiary to the various Items bid. 29 b. Payment 30 1) The work performed and the materials furnished in accordance with this 31 Item are subsidiary to the various Items bid and no other compensation will be 32 allowed. 33 1.3 REFERENCES 34 A. Definitions 35 1. Construction Survev - The survey measurements made prior to or while 36 construction is in progress to control elevation, horizontal position, dimensions and 37 configuration of structures/improvements included in the Project Drawings. 38 2. As -built Survev —The measurements made after the construction of the 39 improvement features are complete to provide position coordinates for the features 40 of a project. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103926 Revised February 14, 2018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 7 3. Construction Stakins — The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings. Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. Survev "Field Checks" — Measurements made after construction staking is completed and before construction work begins to ensure that structures marked on the ground are accurately located per Project Drawings. B. Technical References 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw website) — 01 71 23.16.01— Attachment A Survey Staking Standards 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available on City's Buzzsaw website). 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land Surveying in the State of Texas, Category 5 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. The Contractor's selection of a surveyor must comply with Texas Government 19 Code 2254 (qualifications based selection) for this project. 20 1.5 SUBMITTALS 21 A. Submittals, if required, shall be in accordance with Section 0133 00. 22 B. All submittals shall be received and reviewed by the City prior to delivery of work. 23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 24 A. Field Quality Control Submittals 25 1. Documentation verifying accuracy of field engineering work, including coordinate 26 conversions if plans do not indicate grid or ground coordinates. 27 2. Submit "Cut -Sheets" conforming to the standard template provided by the City 28 (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 29 1.7 CLOSEOUT SUBMITTALS 30 B. As -built Redline Drawing Submittal 31 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of 32 constructed improvements signed and sealed by Registered Professional Land 33 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A 34 — Survey Staking Standards) . 35 2. Contractor shall submit the proposed as -built and completed redline drawing 36 submittal one (1) week prior to scheduling the project final inspection for City 37 review and comment. Revisions, if necessary, shall be made to the as -built redline 38 drawings and resubmitted to the City prior to scheduling the construction final 39 inspection. 40 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103926 Revised February 14, 2018 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 7 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the Contractor. 2. Coordination a. Contact Developer's Project Representative at least one week in advance notifying the City of when Construction Staking is scheduled. b. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes. If Developer's Project Representative is required to re -stake for any reason, the Contractor will be responsible for costs to perform staking. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed disturbed or omitted that the contracted Work cannot take place then the Contractor will be required to stake or re -stake the deficient areas. B. Construction Survey 1. Construction Survey will be performed by the Contractor. 2. Coordination a. Contractor to verify that horizontal and vertical control data established in the design survey and required for construction survey is available and in place. 3. General a. Construction survey will be performed in order to construct the work shown on the Construction Drawings and specified in the Contract Documents. b. For construction methods other than open cut, the Contractor shall perform construction survey and verify control data including, but not limited to, the following: 1) Verification that established benchmarks and control are accurate. 2) Use of Benchmarks to furnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Submit to the City copies of field notes used to establish all lines and grades, if requested, and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City, if requested, to verify the guidance system and the line and grade of the carrier pipe. 6) The Contractor remains fully responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct the installation in accordance with the Contract Documents. C. As -Built Survey 1. Required As -Built Survey will be performed by the Contractor. 2. Coordination CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103926 Revised February 14, 2018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 7 a. Contractor is to coordinate with City to confirm which features require as - built surveying. b. It is the Contractor's responsibility to coordinate the as -built survey and required measurements for items that are to be buried such that construction activities are not delayed or negatively impacted. c. For sewer mains and water mains 12" and under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as -built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. 3. General a. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features during the progress of the construction including the following: 1) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 250 linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub -outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non -gravity facilities) at the following locations: (1) Minimum every 250 linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater — Not Applicable b. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) Water Lines a) Cathodic protection test stations b) Sampling stations c) Meter boxes/vaults (All sizes) d) Fire hydrants e) Valves (gate, butterfly, etc.) f) Air Release valves (Manhole rim and vent pipe) g) Blow off valves (Manhole rim and valve lid) h) Pressure plane valves i) Underground Vaults (1) Rim and flowline elevations and coordinates for each Underground Vault. 3) Sanitary Sewer a) Cleanouts (1) Rim and flowline elevations and coordinates for each b) Manholes and Junction Structures CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103926 Revised February 14, 2018 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 7 1 (1) Rim and flowline elevations and coordinates for each 2 manhole and junction structure. 3 4) Stormwater — Not Applicable 4 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 5 1.11 FIELD [SITE] CONDITIONS [NOT USED] 6 1.12 WARRANTY 7 PART 2- PRODUCTS 8 A. A construction survey will produce, but will not be limited to: 9 1. Recovery of relevant control points, points of curvature and points of intersection. 10 2. Establish temporary horizontal and vertical control elevations (benchmarks) 11 sufficiently permanent and located in a manner to be used throughout construction. 12 3. The location of planned facilities, easements and improvements. 13 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 14 areas, utilities, streets, highways, tunnels, and other construction. 15 b. A record of revisions or corrections noted in an orderly manner for reference. 16 c. A drawing, when required by the client, indicating the horizontal and vertical 17 location of facilities, easements and improvements, as built. 18 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 19 construction staking projects. These cut sheets shall be on the standard city template 20 which can be obtained from the Survey Superintendent (817-392-7925). 21 5. Digital survey files in the following formats shall be acceptable: 22 a. AutoCAD (.dwg) 23 b. ESRI Shapefile (.shp) 24 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 25 standard templates, if available) 26 6. Survey files shall include vertical and horizontal data tied to original project 27 control and benchmarks, and shall include feature descriptions 28 PART 3 - EXECUTION 29 3.1 INSTALLERS 30 A. Tolerances: 31 1. The staked location of any improvement or facility should be as accurate as 32 practical and necessary. The degree of precision required is dependent on many 33 factors all of which must remain judgmental. The tolerances listed hereafter are 34 based on generalities and, under certain circumstances, shall yield to specific 35 requirements. The surveyor shall assess any situation by review of the overall plans 36 and through consultation with responsible parties as to the need for specific 37 tolerances. 38 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 39 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 40 1.0 ft. tolerance. 41 b. Horizontal alignment on a structure shall be within .0.1 ft tolerance. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103926 Revised February 14, 2018 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 7 1 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 2 walkways shall be located within the confines of the site boundaries and, 3 occasionally, along a boundary or any other restrictive line. Away from any 4 restrictive line, these facilities should be staked with an accuracy producing no 5 more than 0.05ft. tolerance from their specified locations. 6 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 7 electric lines, shall be located horizontally within their prescribed areas or 8 easements. Within assigned areas, these utilities should be staked with an 9 accuracy producing no more than 0.1 ft tolerance from a specified location. 10 e. The accuracy required for the vertical location of utilities varies widely. Many 11 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 12 should be maintained. Underground and overhead utilities on planned profile, 13 but not depending on gravity flow for performance, should not exceed 0.1 ft. 14 tolerance. 15 B. Surveying instruments shall be kept in close adjustment according to manufacturer's 16 specifications or in compliance to standards. The City reserves the right to request a 17 calibration report at any time and recommends regular maintenance schedule be 18 performed by a certified technician every 6 months. 19 1. Field measurements of angles and distances shall be done in such fashion as to 20 satisfy the closures and tolerances expressed in Part 3.1.A. 21 2. Vertical locations shall be established from a pre -established benchmark and 22 checked by closing to a different bench mark on the same datum. 23 3. Construction survey field work shall correspond to the client's plans. Irregularities 24 or conflicts found shall be reported promptly to the City. 25 4. Revisions, corrections and other pertinent data shall be logged for future reference. 26 27 3.2 EXAMINATION [NOT USED] 28 3.3 PREPARATION [NOT USED] 29 3.4 APPLICATION 30 3.5 REPAIR / RESTORATION 31 A. If the Contractor's work damages or destroys one or more of the control 32 monuments/points set by the Developer's Project Representative, the monuments shall be 33 adequately referenced for expedient restoration. 34 1. Notify Developer's Project Representative if any control data needs to be restored 35 or replaced due to damage caused during construction operations. 36 a. Contractor shall perform replacements and/or restorations. 37 b. The Developer's Project Representative may require at any time a survey 38 "Field Check" of any monument or benchmarks that are set be verified by the 39 Developer's Project Representative before further associated work can move 40 forward. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103926 Revised February 14, 2018 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 7 1 3.6 RE -INSTALLATION [NOT USED] 2 3.7 FIELD [OR] SITE QUALITY CONTROL 3 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 4 Developer's Project Representative in accordance with this Specification. This includes 5 easements and right of way, if noted on the plans. 6 B. Do not change or relocate stakes or control data without approval from the City. 7 3.8 SYSTEM STARTUP 8 A. Survey Checks 9 1. The City reserves the right to perform a Survey Check at any time deemed 10 necessary. 11 2. Checks by City personnel or 3' party contracted surveyor are not intended to 12 relieve the contractor of his/her responsibility for accuracy. 13 14 3.9 ADJUSTING [NOT USED] 15 16 17 18 19 20 21 ON 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 8/31/2012 D. Johnson Added instruction and modified measurement & payment under 1.2; added 8/31/2017 M. Owen definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 — PRODUCTS; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. Removed "blue text"; revised measurement and payment sections for Construction Staking and As -Built Survey; added reference to selection compliance with TGC 2/14/2018 M Owen 2254; revised action and Closeout submittal requirements; added acceptable depth measurement criteria; revised list of items requiring as -built survey "during" and "after" construction; and revised acceptable digital survey file format CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103926 Revised February 14, 2018 SECTION 0174 23 CLEANING PART1- GENERAL 1.1 SUMMARY 017423-1 DAP CLEANING Page 1 of 4 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. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 01 74 23 - 2 DAP CLEANING Page 2 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2- 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. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 01 74 23 - 3 DAP CLEANING Page 3 of 4 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] CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] SECTION 0177 19 CLOSEOUT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY 017719-1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 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. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 0178 39 2. Operation and Maintenance Data, if required, in accordance with Section 0178 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 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 017719-3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 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) £ 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] DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 017823-1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 SECTION 0178 23 OPERATION AND MAINTENANCE DATA PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in 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 0133 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 1/2 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 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly -leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE 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 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. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 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 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 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 CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] DATE NAME 8/31/2012 D. Johnson 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE 1.5.A.1 — title of section removed Revised for DAP Application CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 017839-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 SECTION 0178 39 PROJECT RECORD DOCUMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 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 SUBMITTALSANFORMATIONAL SUBMITTALS SNOT 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. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2- PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final 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". CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 017839-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 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 Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 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] DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP Application CITY OF FORT WORTH Trails of Fossil Creek STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Revised April 7, 2014 Number] ECS Southwest, LLP Geotechnical Engineering Report Bonds Ranch Subdivision 451 W. Bonds Ranch Road Fort Worth, Texas ECS Project Number 63:1321 August 3, 2020 .„'N N c ECS SOUTHWEST, LLP Setting the Standard for Service° Geotechnical • Construction Materials • Environmental ■ Facilities T% Registered Engineering F,rm F-8461 August 3, 2020 Mr. Cooper Conger Conger Group Texas 4824 W Fairview Ave, Boise, ID, 73706 ECS Project No. 63:1321 Reference: Geotechnical Engineering Report Bonds Ranch Subdivision 451 W. Bonds Ranch Road Fort Worth, Texas Dear Mr. Thomas: ECS Southwest (ECS) has completed the subsurface exploration, laboratory testing, and final geotechnical engineering analyses for the referenced project. Our services were performed in general accordance with our Proposal No. 63:1483-GP, dated June 30, 2020. This report presents our understanding of the geotechnical aspects of the project along with the results of the field exploration and laboratory testing conducted. The report also contains our findings and recommendations for design and construction. It has been our pleasure to be of service to you during the design phase of this project. We would appreciate the opportunity to remain involved during the continuation of the design phase, and we would like to provide our services during construction phase operations as well to verify the assumptions of subsurface conditions made for this report. Should you have any questions concerning the information contained in this report, or if we can be of further assistance to you, please contact us. Respectfully submitted, ECS Southwest, LLP Ishtiaque Hossain, PhD, E.I.T. Geotechnical Project Manager IHossain@ecslimited.com S* R. JAYATILAKA . F.. • ...........a.a!!..l.. 90187 r� o0 ..r, o •`�dw Ap Ranasinghege (Jay) Jayatilaka, PhD, P.E. Principal Engineer JJavatilaka@ecslimited.com The electronic seal on this document was authorized by Jay Jayatilaka, PhD, P.E. No. 90187, on August 3, 2020 4050 Sandshell Drive, Fort Worth TX 76137 ■ T: 682.350,2550 ■ F: 817,847,8616 ■ ecslimited.com ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC ■ ECS Midwest, LLC 6 ECS Southeast, LLP • ECS Southwest, LLP Bonds Ranch Subdivision ECS Project No. 63:1321 TABLE OF CONTENTS August 3, 2020 Page EXECUTIVESUMMARY.............................................................................................................1 1.0 INTRODUCTION..................................................................................................................2 1.1 General...................................................................................................................................2 1.2 Scope of Services....................................................................................................................2 1.3 Authorization..........................................................................................................................2 2.0 PROJECT INFORMATION.....................................................................................................3 2.1 Project Location......................................................................................................................3 2.2 Current Site Conditions..........................................................................................................3 2.3 Proposed Construction...........................................................................................................3 3.0 FIELD EXPLORATION...........................................................................................................4 3.1 Field Exploration Program......................................................................................................4 3.2 Regional Geology....................................................................................................................4 3.3 Subsurface Characterization..................................................................................................5 3.4 Soil Survey Mapping...............................................................................................................6 3.5 Groundwater Observations....................................................................................................6 4.0 LABORATORY TESTING........................................................................................................7 5.0 DESIGN RECOMMENDATIONS.............................................................................................8 5.1 Potential Vertical Movements...............................................................................................8 5.2 Foundation Recommendations..............................................................................................8 5.2.1 Monolithic Slab on Grade (PTI Design).........................................................................8 5.2.2 Building Perimeter Conditions......................................................................................9 5.3 Seismic Design Considerations...............................................................................................9 5.4 Pavement Sections...............................................................................................................10 6.0 SITE CONSTRUCTION RECOMMENDATIONS.......................................................................12 6.1 Subgrade Preparation..........................................................................................................12 6.1.1 Stripping and Grubbing...............................................................................................12 6.1.3 Rock Excavation Considerations.................................................................................12 6.2 Earthwork Operations..........................................................................................................13 7.0 CLOSING...........................................................................................................................15 Bonds Ranch Subdivision ECS Project No. 63:1321 APPENDICES Appendix A — Figures • Site Location Map • Boring Location Diagram • Regional Geology • Clay Plug Detail Appendix B — Field Operations • Reference Notes for Boring Logs • Boring Logs B-1 to B-3 and P-1 and P-2 Appendix C — Laboratory Testing • Laboratory Testing Summary August 3, 2020 Page ii Bonds Ranch Subdivision August 3, 2020 ECS Project No. 63:1321 Page 1 C►3:Cd1111ITMIPMI IT_1WA The following summarizes the main findings of the exploration, particularly those that may have a cost impact on the planned development. Further, our foundation recommendations are summarized. Information gleaned from the executive summary should not be utilized in lieu of reading the entire geotechnical report. • The geotechnical exploration performed for this study consisted of a total of five (5) borings to depths of approximately 10 to 15 feet below the existing site grades. • The borings encountered about 1-foot of clay soils in Borings B-1 and B-2. Below the overburden soil and at surface of other borings tan limestone with clay seams was encountered followed by gray limestone until the respective termination depth of the borings below existing grade. Groundwater seepage was not encountered in the borings during drilling and upon the completion of drilling. • The planned single-family residential buildings may be supported on a monolithic slab -on - grade foundation system. • A pavement section for assumed traffic count is provided in the report. However, the pavements and utility structures should be designed and constructed in accordance with the city standards. • Grading plan was not available at the time of this report. Recommendations provided in the report should be reviewed when the grading plan is available. Bonds Ranch Subdivision August 3, 2020 ECS Project No. 63:1321 Page 2 1.0 INTRODUCTION 1.1 GENERAL The purpose of this study was to provide geotechnical information for the design of single-family residential development on an approximate 4.5-acre parcel. The recommendations developed for this report are based on project information provided by the client. This report contains the results of our subsurface exploration and geotechnical laboratory testing program, site characterization, engineering analyses, and recommendations for the design and construction of the planned structures. 1.2 SCOPE OF SERVICES To obtain the necessary geotechnical information required for evaluation of subsurface soil conditions supporting the structures, a total of five (5) soil test borings were drilled to depths of approximately 10 to 15 feet below the existing site grades. Three (3) soil test borings were performed at locations of the proposed building to a depth of 15 feet below existing grade while the pavement area were explored by drilling two (2) soil borings to a depth of approximately 10 feet below existing grade. A laboratory -testing program was also implemented to characterize the physical and geotechnical engineering properties of the subsurface soils. This report discusses our exploratory and testing procedures, presents our findings and evaluations and includes the following: • A brief review and description of our field and laboratory test procedures and the results of testing conducted. • A review of surface topographical features and site conditions. • A review of area and site geologic conditions. • A review of subsurface soil stratigraphy with pertinent available physical properties. • A final copy of our soil test borings. • Recommendations for site preparation and construction of compacted fills, including an evaluation of on -site soils for use as compacted fills. • Recommended foundation types. • Recommendations for pavement. 1.3 AUTHORIZATION Our services were provided in accordance with our Proposal No. 63:1483-GP, dated June 30, 2020 and executed by the client on July 13, 2020. Bonds Ranch Subdivision August 3, 2020 ECS Project No. 63:1321 Page 3 2.0 PROJECT INFORMATION 2.1 PROJECT LOCATION The project is located at 451 W. Bonds Ranch Road in Fort Worth, Texas. The location is depicted in Figure 2.1.1 as shown below. h4ax:,r,"G �, Earihctaf I I Figure 2.1.1 Site Location 2.2 CURRENT SITE CONDITIONS The site is largely an undeveloped vacant tract covered with grass. Existing single-family residential buildings are located on the south and west side of the property. The topography of the site slopes down from northwest to southeast with maximum and minimum elevations of approximately EL 738 feet and EL 734 feet, respectively. 2.3 PROPOSED CONSTRUCTION We understand the project will consist of the design and construction of a new single family residential development with associated pavement driveways and utility improvements on an approximate 4.5 acre parcel. Bonds Ranch Subdivision ECS Project No. 63:1321 3.0 FIELD EXPLORATION 3.1 FIELD EXPLORATION PROGRAM August 3, 2020 Page 4 The field exploration was planned with the objective of characterizing the project site in general geotechnical and geological terms and to evaluate subsequent field and laboratory data to assist in the determination of geotechnical recommendations. The subsurface conditions were explored by drilling a total of five (5) soil test borings. Three (3) borings were drilled to depths of approximately 15 feet below the existing site grades and two (2) borings were drilled to depths of approximately 10 feet. A truck -mounted drill rig with continuous flight augers was utilized to drill the borings. The boring locations were determined and identified in the field by ECS personnel using the supplied diagram. The approximate as -drilled boring locations are shown on the Boring Location Diagram in Appendix A. The ground surface elevations noted in this report were obtained from NCTCOG (www.dfwmaps.com), which provided elevation contours in 2 foot intervals. Representative soil samples were obtained by means of the Shelby tube sampling procedures in accordance with ASTM Specifications D-1587. In the Shelby tube sampling procedure, a thin walled, steel seamless tube with sharp cutting edges is pushed hydraulically into the soil, and a relatively undisturbed sample is obtained. Texas Cone Penetrometer tests were performed to evaluate the load carrying capacity of the limestone encountered. These tests were performed in general accordance with test method Tex- 132-E in the Texas Department of Transportation (TxDOT) Manual of Testing Procedures. The results of these tests are shown on the attached boring logs at the depths of occurrence. Field logs of the soils encountered in the borings were maintained by the drill crew. After recovery, each geotechnical soil sample was removed from the sampler and visually classified. Representative portions of each soil sample was then wrapped in plastic and transported to our laboratory for further visual examination and laboratory testing. After completion of the drilling operations, the boreholes were backfilled with auger cuttings to the existing ground surface. 3.2 REGIONAL GEOLOGY The near surface geologic mapping is largely within the Pawpaw and Weno Limestone Geologic Formation (Kpd). This formation generally consists of alternating layers of limestone, shale, and sandstone. Chemical and mechanical weathering of the parent rock produces moderately to highly active clay soils. Groundwater in these formations is mostly encountered at the contacts and limited in quantity (perched). The location of the site on the geologic map is provided below on Figure 3.2.1. Bonds Ranch Subdivision August 3, 2020 ECS Project No. 63:1321 Page 5 Figure 3.2.1 Geologic map for Figure 3.2.1 obtained from the Geologic Atlas of Texas, Dallas Sheet, 1987 3.3 SUBSURFACE CHARACTERIZATION The subsurface conditions encountered were generally consistent with published geological mapping. The following sections provide generalized characterizations of the soil and rock strata encountered during our subsurface exploration. For subsurface information specific information refer to the Boring Logs in Appendix B. Table 3.3.1 Subsurface Stratigraphy Approximate Depth to Bottom of Strata Below Material Description Consistenc, Grade (feet) 0 to 11 FAT CLAY (CH), dark brown, brown, with limestone fragments Very Stiff 7 to 9 Tan LIMESTONE, with clay seams Weak Rock 10 to 15' Gray LIMESTONE Rock Note: 1. Encountered in Borings B-1 and B-2 2. Borings B-1 to B-3 terminated at depths of about 15 feet and Borings P-1 and P-2 terminated at depths of about 10 feet. Please refer to the attached boring logs and laboratory data summary for this field exploration for a more detailed description of the subsurface conditions encountered in the borings as the stratification descriptions above are generalized for presentation purposes. Bonds Ranch Subdivision ECS Project No. 63:1321 3.4 SOIL SURVEY MAPPING August 3, 2020 Page 6 Based on the United States Department of Agriculture soil survey, the site is underlain by Purves Clay. The Purves clay soils have moderately low to moderately high permeability, and are well drained. The parent material of these soils is clayey residuum weathered from limestone. 3.5 GROUNDWATER OBSERVATIONS Groundwater level observations were made in the borings during drilling operations. In auger drilling operations, water is not introduced into the borehole and the groundwater position can often be determined by observing water flowing into the excavation. Furthermore, visual observation of soil samples retrieved can often be used in evaluating the groundwater conditions. Groundwater seepage was not encountered in the borings during drilling and remained dry at the completion of drilling. Any water encountered in borings within this geologic setting is generally referred to as a partially perched condition. Specifically, rainfall that enters the site, either directly from overland flow or from adjacent properties, begins to percolate through surficial soils and within the sand seams and clay fissures and travels along that interface. This groundwater remains trapped or flow continues downhill with the water table occasionally surfacing to form wet springs and intermittent streams. Only in the low lying areas and adjacent to existing creeks shallow groundwater table is present in a continuous condition. The highest groundwater observations are normally encountered in the late winter and early spring. Fluctuation in the location of the long-term water table may occur as a result of changes in precipitation, evaporation, surface water runoff and other factors not immediately apparent at the time of this investigation. Therefore, the groundwater conditions could be different at the time of construction. The possibility of groundwater fluctuation should be considered when developing the design and construction plans for the project. Bonds Ranch Subdivision August 3, 2020 ECS Project No. 63:1321 Page 7 !N E T61R-Ateltflki M 111Ofe The laboratory testing was performed by ECS on selected samples obtained during our field exploration operations. Classification and index property tests were performed on representative soil samples obtained from the test borings in order to aid in classifying soils according to the Unified Soil Classification System and to quantify and correlate engineering properties. The soil samples were tested for moisture content and Atterberg Limits. An experienced geotechnical engineer visually classified each soil sample from the test borings on the basis of texture and plasticity in accordance with the Unified Soil Classification System (USCS) and ASTM D-2488 (Description and Identification of Soils-Visual/Manual Procedures). After classification, the geotechnical engineer grouped the various soil types into the major zones noted on the boring logs in Appendix B. The group symbols for each soil type are indicated in parentheses following the soil descriptions on the boring logs. The stratification lines designating the interfaces between earth materials on the boring logs are approximate; in situ, the transitions may be gradual. The soil samples will be retained in our laboratory for a period of 60 days, after which, they will be discarded unless other instructions are received as to their disposition. Bonds Ranch Subdivision ECS Project No. 63:1321 5.0 DESIGN RECOMMENDATIONS August 3, 2020 Page 8 The following recommendations have been developed on the basis of the previously described project characteristics and subsurface conditions. If there are any changes to the project characteristics or if different subsurface conditions are encountered during construction, ECS should be consulted so that the recommendations of this report can be reviewed. While site grading information was not available at the time of preparing this report; we have assumed that the floor slab elevations will be about 2 feet above the existing site elevations. If the finished floor elevations deviate from this assumed grade, the recommendations provided below should be evaluated by our office. 5.1 POTENTIAL VERTICAL MOVEMENTS The soils encountered at this site are moderately to highly expansive. These soils are susceptible to shrink swell tendencies that may cause seasonal movements throughout the life of the structure. Since site grading information was not available, we assumed 2 feet of fill in our calculations. If any building areas require imported fill soils, we recommend a maximum plasticity index of 40 for the fill soils. Based on test method TEX-124-E in the Texas Department of Transportation (TxDOT) Manual of Testing Procedures, laboratory swell tests, and our experience with similar soils, we estimate that the potential vertical soil movements (PVM) of floor slabs placed on grade at this site ranges from being negligible where limestone is at the surface to about 2.0 inches where 3 feet of clay profile is present. The actual movements could be greater if poor drainage, ponded water, and/or other unusual sources of moisture are allowed to saturate the soils beneath the structure after construction. The building subgrade should be prepared as discussed below to reduce movements to tolerable levels. 5.2 FOUNDATION RECOMMENDATIONS The planned residential buildings may be supported on monolithic post -tensioned slab on grade foundation systems. Foundation recommendations are provided below: 5.2.1 Monolithic Slab on Grade (PTI Design) The foundations can be designed in accordance with PTI "Design and Construction of Post - Tensioned Slabs -On -Ground". The following design parameters are recommended for the Post - Tensioning Institute's slab -on -grade design method (3rd Edition): Table 5.2.1.1 Recommended PTI Parameters (3rd edition) Center Lift Edge Lift em (feet) Ym (inches) em (feet) Ym (inches) 7.8 1.4 4.0 2.0 A net allowable soil bearing pressure of 2,000 psf may be suitable for foundations bearing on the moisture conditioned clay soils. Grade beams should have a minimum width of 12 inches to reduce Bonds Ranch Subdivision August 3, 2020 ECS Project No. 63:1321 Page 9 the possibility of foundation bearing failure and excessive settlement due to local shear or "punching" failures. Additionally, the grade beams should extend at least 18 inches below final adjacent grade to utilize this bearing pressure. Fills should be sloped to drain surface water away from the structures. We recommend that a modulus of subgrade reaction (ks) of 100 pci be used for the design of the slab on grade subgrade. These design parameters assume that positive drainage will be provided away from the structures and with moderate irrigation of surrounding lawn and planter areas with no excessive wetting or drying of soils adjacent to the foundations. Greater potential movements could occur with extreme wetting or drying of the soils due to ponding of water, plumbing leaks or lack of irrigation. A 10-mil vapor barrier of polyethylene sheeting or similar material should be placed beneath the slab to minimize moisture migration through the slab. Please refer to ACI 302.11196 Guide for Concrete Floor and Slab Construction and ASTM E 1643 Standard Practice for Installation of Water Vapor Retarders Used in Contact with Earth or Granular Fill under Concrete Slabs for additional guidance on this issue. 5.2.2 Building Perimeter Conditions Soils placed along the exterior of the foundations should consist of on -site clayey soils placed and compacted in accordance with this report. The purpose of this clay backfill is to reduce the opportunity for surface or subsurface water infiltration beneath the structure. Additionally, where penetrations into the structure occur, a clay plug (or suitable synthetic alternative) should be placed at the building line to reduce the opportunity for infiltrating water, regardless of the backfill material. Positive drainage away from the structures should also be provided. Additionally, irrigation of lawn and landscaped areas should be moderate, with no excessive wetting or drying of soils around the perimeter of the structures allowed. Trees and bushes/shrubs planted near the perimeter of the structures can withdraw large amounts of water from the soils and should be planted at least their anticipated mature height away from the buildings. Where flatwork is placed against or near the structure, a positive seal must be installed and adequately maintained to minimize water intrusion. Down spouts and gutters should be used to collect and distribute water at least 10 feet away from the structure. Routine maintenance is required to ensure that the recommendations contained in this report are followed and maintained. Greater potential movements could occur with extreme wetting or drying of the soils due to poor drainage, ponding of water, plumbing leaks, lack of irrigation, and/or lack of routine maintenance, etc. 5.3 SEISMIC DESIGN CONSIDERATIONS Seismic Site Classification: The International Building Code (IBC) 2012/2015 requires site classification for seismic design based on the upper 100 feet of a soil profile. The methods are utilized in classifying sites, namely the shear wave velocity (vs) method; the unconfined compressive strength (s") method; and the Standard Penetration Resistance (N-value) method. The unconfined compressive strength method (s") was used in classifying this site. Bonds Ranch Subdivision August 3, 2020 ECS Project No. 63:1321 Page 10 The seismic site class definitions for the weighted average of shear wave velocity or SPT N-value in the upper 100 feet of the soil profile are shown in the following table: Table 5.3.1: Seismic Site Classification Site Shear Wave Standard Soil Undrained Shear Class Soil Profile Name Velocity, V,, (ft./s) Penetration Strength, s (psf) Resistance, N A Hard Rock Vs > 5,000 fps N/A N/A B Rock 2,500 < Vs <_ 5,000 N/A N/A C Very dense soil and soft rock 1,200 < Vs <_ 2,500 N >50 s > 2,000 D Stiff Soil Profile 600 <_ Vs <_ 1,200 15 <_ N <_ 50 1,000 <_ s <_ 2000 E Soft Soil Profile Vs < 600 N <15 SU < 1000 Based on the 2012/2015 International Building Code (IBC) Site Class Definitions, in our opinion the site soil and rock can be characterized as Site Class B. Site Class B is described as rock for the top 100 feet of the site soil profile. Since the boring performed for this project was drilled to a maximum depth of approximately 30 feet it is our opinion the site should be defined as Site Class C. The Mapped Spectral Response Acceleration at Short Periods and 1-Second Periods, S, and Sl, respectively, are as follows for the project site. The approximate S, and S1 values, as shown below, are calculated through the United States Geological Survey's (USGS) Seismic Hazard Curves and Uniform Hazard Response Spectra program according to the 2012/2015 IBC. Table 5.3.2: Mapped Spectral Response Acceleration Short Periods, S, I 1-Second Periods, S, 0.094 g 1 0.05 g The Site Class definition should not be confused with the Seismic Design Category designation, which the Structural Engineer typically assesses. If a higher site classification is beneficial to the project, ECS would be pleased to discuss additional testing capabilities in this regard. 5.4 PAVEMENT SECTIONS All proposed paved areas should be proof rolled with heavy compaction equipment to attempt to locate any soft or undesirable soils so they can be removed and replaced with properly placed and compacted soils. Any new fill may consist of on -site soils or similar. These materials should be compacted to at least 95% of the Maximum Dry Density at or above optimum moisture content as obtained using the Standard Proctor Method (ASTM D-698). Care should be taken to verify and preserve the specified moisture levels in the reworked clays prior to placement of the pavements. Portland cement concrete pavement are suitable for this site. The pavement subgrade should be stabilized with lime. A preliminary lime application rate of 8% hydrated lime by dry weight of clay is recommended for lime stabilization. Laboratory lime series tests should be performed on subgrade soils during the construction phase to confirm the lime application rate. In addition, soluble sulfate tests should be Bonds Ranch Subdivision August 3, 2020 ECS Project No. 63:1321 Page 11 performed to verify that the subgrade soils are suitable for lime stabilization. The lime stabilized clay should be thoroughly mixed and appropriately mellowed for at least 48 hours and tested for gradation and lime solubility (pH) prior to final placement and compaction. Once appropriately mixed and mellowed, this material may then be compacted to at least 95% of the Maximum Dry Density as obtained by the Standard Proctor Method (ASTM D-698) at workable moisture contents of about 3 percentage points above the optimum moisture content. Lime treatment should extend at least 2 feet beyond exposed pavement edges to reduce the effects of shrinkage and associated loss of subgrade support. Density tests should be performed at a frequency of 1 test per 5,000 square feet of pavement. We recommend the following pavement section for the subdivision streets. This pavement section is suitable for 500,000 of ESAL's during the design life. Please note, the recommended pavement section provided below is considered the minimum necessary to provide satisfactory performance based on the provided traffic loading. In some cases, jurisdictional minimum standards for pavement section construction may exceed those provided below. Table 5.4.1: Pavement Section Material Description Thickness (inches) Portland Cement Concrete Lime Stabilized Subgrade An important consideration with the design and construction of pavements is surface and subsurface drainage. Where standing water develops, either on the pavement surface or within the base course layer, softening of the subgrade and other problems related to the deterioration of the pavement can be expected. Furthermore, good drainage should reduce the possibility of the subgrade materials becoming saturated during the normal service period of the pavement. Pavement should be specified, constructed and tested to meet the following requirements: 1. Reinforcing steel may consist of #3 reinforcing steel bars placed at 18 inches on center each way. The reinforcing steel should be placed at mid -point of the pavement section. Portland cement Concrete: Minimum compressive strength of 3,600 Ibs per sq inch at 28 days. Concrete should be designed with 3 to 6 percent entrained air. Proper joint placement and design is critical to pavement performance. Load transfer at all joints and maintenance of watertight joints should be accomplished by use of proper joint seals and smooth dowels. Control joints in new pavement should be sawed as soon as practical and preferably within 5 to 12 hours after placing concrete in order to control the location of cracks which form as the concrete cures. Longitudinal and transverse control joints should be sawed at about 15-foot spacing. Joints should be properly cleaned and sealed as soon as possible to avoid infiltration of water, small gravel, etc. Bonds Ranch Subdivision ECS Project No. 63:1321 6.0 SITE CONSTRUCTION RECOMMENDATIONS 6.1 SUBGRADE PREPARATION August 3, 2020 Page 12 In a dry and undisturbed state, the upper 1-foot of the majority of the soil at the site will provide good subgrade support for fill placement and construction operations. However, when wet, this soil will degrade quickly with disturbance from contractor operations. Therefore, good site drainage should be maintained during earthwork operations, which would help maintain the integrity of the soil. The surface of the site should be kept properly graded in order to enhance drainage of the surface water away from the proposed building areas during the construction phase. We recommend that an attempt be made to enhance the natural drainage without interrupting its pattern. The soils at the site are moisture and disturbance sensitive, and contain fines which are considered moderately erodible. Therefore, the contractor should carefully plan his operation to minimize exposure of the subgrade to weather and construction equipment traffic, and provide and maintain good site drainage during earthwork operations to help maintain the integrity of the surficial soils. All erosion and sedimentation shall be controlled in accordance with sound engineering practice and current jurisdictional requirements. In preparing the site for construction, all loose, poorly compacted existing soils, vegetation, organic soil, existing pavements, foundations or utilities, existing fill material (as defined in this report), or other unsuitable materials should be removed from all proposed buildings and paving areas, and any areas receiving new fill. 6.1.1 Stripping and Grubbing The subgrade preparation should consist of stripping all vegetation, existing fill, rootmat, topsoil and any other soft or unsuitable materials from the 10-foot expanded building and 5-foot expanded pavement limits and to 5 feet beyond the toe of structural fills. ECS should be called on to verify that topsoil and unsuitable surficial materials have been completely removed prior to the placement of structural fill or construction of structures. 6.1.3 Rock Excavation Considerations Shallow rock was encountered during our subsurface exploration and rock excavation techniques may be necessary for this project. It has been our experience that single -tooth rippers can usually rip to depths on the order of five (5) to seven (7) feet below the top of the tan limestone in large, open, excavations. Below that, or in small excavations, more extensive efforts are required. If excavations are advanced deeper than 5 to 7 feet below the top of the tan limestone, excavation or ripping can be achieved only with great difficulty, and other means are normally required in order to facilitate removal of the rock. For purposes of contract terms, we recommend that "rock" be defined as follows: Bonds Ranch Subdivision August 3, 2020 ECS Project No. 63:1321 Page 13 "Rock shall be defined as those natural materials which cannot be excavated in an open excavation with a Caterpillar Model No. D-8, heavy duty tract type -tractor, weighted at not less than 285 hp (flywheel power) and equipped with a single -shank hydraulic ripper, capable of exerting not less than 45,000 lbs. breakout force, or equivalent machinery. For footings, utility trenches and pits, rock shall be defined as those materials that cannot be excavated with a Caterpillar Model No. 215D LC tract -type hydraulic excavator, equipped with a 42-inch wide short -tip radius rock bucket, rated at not less than 120 HP flywheel power with bucket -curling force of not less than 25,000 lbs. and stick -crowd force of not less than 18,000 lbs." Depending on the excavation methods, the rock at this site will typically excavate in relatively large, blocky and platy pieces, which are difficult to compact for suitable long-term performance. Also, these materials experience rapid degradation due to weathering over relatively short periods of time, once exposed to air and water conditions. Therefore, these larger pieces, which break up as rock -like fragments in the initial excavation, must be compacted with sufficient compaction energy to substantially break them down into soil size particles during construction. Excavated tan limestone may be suitable for fill within the building and paving limits. For the purposes of this report, all rock materials excavated at the site will be considered nondurable. Nondurable rock materials removed during excavations may be used as fill if suitably decomposed by mechanical effort. Durability is the term used to describe the ability of a rock or rock -like material to withstand long term chemical and mechanical weathering without size degradation. Any rock excavated from the site and used as earthwork fill should have a well -graded grain size distribution with rock and soil particles ranging from clay or silt size particles to a maximum size of 4 inches in diameter with 2 inch thick plates. Particles larger than this should be decomposed by mechanical compaction equipment to achieve the desired grain size distribution. Once appropriately broken down, this material may then be placed and compacted at workable moisture contents above the optimum moisture content and compacted to at least 95% of the Maximum Dry Density as obtain using the Standard Proctor Method (ASTM D-698). 6.2 EARTHWORK OPERATIONS Prior to placement of any new fill, all subgrades should be scarified to a minimum depth of 6 inches, moisture conditioned and compacted to at least 95% of Maximum Dry Density as obtained by the Standard Proctor Method (ASTM D-698) moisture conditioned above the optimum value. All fills should be benched into the existing soils. Imported soil used for general fill should not have a Plasticity Index (PI) of greater than 40. All general fill material, should be moisture conditioned at or above optimum moisture content and compacted to at least 95% of the Maximum Dry Density as obtained by the Standard Proctor Method (ASTM D-698). All fill soils should be placed in 8 inch loose lifts for mass grading operations and 4 inches for trench type excavations where walk behind or "jumping jack" compaction equipment is used. Upon completion of the filling operations, care should be taken to maintain the soil moisture content prior to construction of pavements. If the soil in pavement subgrade becomes desiccated, Bonds Ranch Subdivision August 3, 2020 ECS Project No. 63:1321 Page 14 the affected material should be removed and replaced, or these materials should be scarified, moisture conditioned and recompacted. Utility cuts should not be left open for extended periods of time and should be properly backfilled. Backfilling should be accomplished with properly compacted on -site soils, rather than granular materials. Field density and moisture tests should be performed on each lift as necessary to verify that adequate compaction is achieved. As a guide, one test per 2,500 square feet per lift is recommended in the building and paving areas (two tests minimum per lift). Utility trench backfill should be tested at a rate of one test per lift per each 150 linear feet of trench (two tests minimum per lift). Certain jurisdictional requirements may require testing in addition to that noted previously. Therefore, these specifications should be reviewed and the more stringent specifications should be followed. Bonds Ranch Subdivision August 3, 2020 ECS Project No. 63:1321 Page 15 7.0 CLOSING ECS has prepared this report of findings, evaluations, and recommendations to guide geotechnical- related design and construction aspects of the project. The description of the proposed project is based on information provided to ECS by the client. If any of this information is inaccurate, either due to our interpretation of the documents provided or site or design changes that may occur later, ECS should be contacted immediately in order that we can review the report in light of the changes and provide additional or alternate recommendations as may be required to reflect the proposed construction. Field observations, monitoring, and quality assurance testing during earthwork and foundation installation are an extension of and integral to the geotechnical design recommendation. We recommend that the owner retain these quality assurance services and that ECS be allowed to continue our involvement throughout these critical phases of construction to provide general consultation as issues arise. ECS is not responsible for the conclusions, opinions, or recommendations of others based on the data in this report. The analysis and recommendations submitted in this report are based upon the data obtained from the soil borings and tests performed at the locations as indicated on the Boring Location Diagram and other information referenced in this report. This report does not reflect any variations, which may occur between the borings. In the performance of the subsurface exploration, specific information is obtained at specific locations at specific times. However, it is a well-known fact that variations in subsurface conditions exist on most sites between boring locations and also such situations as groundwater levels vary from time to time. The nature and extent of variations may not become evident until the course of construction. If variations then appear evident, after performing on -site observations during the construction period and noting characteristics and variations, a reevaluation of the recommendations for this report will be necessary. APPENDIX A — Figures Site Location Map Boring Location Diagram Regional Geology Clay Plug Detail I n 7 � a Lead Cr :reek Dr re Tri F�ossihlBr�dgefdr ot�ssq,lase Or � • M ,ndsVRanchwR d /r A++�" E Bonds Rar Service Layer Credits: Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus IDS, USDA, rli� ,, ej!" AIMP tar Legend Approximate Building Boring Locations - t Approximate Pavement Boring Locations - C n Boring Location Diagram BONDS RANCH SUBDIVISION 451 W. BONDS RANCH RD., FORT WORTH, TEXAS MJ THOMAS ENGINEERING, LLC N W E S ENGINEER RJ SCALE AS NOTED PROJECT NO. 63:1321 SHEET 1 OF 1 DATE 7/28/2020 Regional Geologv Bonds Ranch Subdivision 451 W. Bonds Ranch Road Fort Worth, Texas ECS Southwest, LLP CA4020 Sandshell Drive Fort Worth, Texas 76137 SCALE: NTS Project No.: 63:1321 PM: MH DATE: July 27, 2020 FIGURE: RG TYPICAL DETAIL DIAGRAM REFER TO MEP AND/OR CIVIL DRAWINGS FOR TYPICAL BEDDING MATERIALS AT EXTERIOR FACE OF BUILDING. REPLACE BEDDING MATERIALS WITH SITE CLAY SOIL. EXTEND CLAY 2 FEET FROM BUILDING. PLACE IN 8" MAX. LOOSE LIFTS. I COMPACT TO 92% OF STANDARD PROCTOR (ASTM D-698), ABOVE OPTIMUM MOISTURE CONTENT. EL:lr=LLL-Ii i�il I li CLAY PLUG AT UTILITY TRENCH -v ENGINEER SCALE NTS DRAFTSMAN PROJECT NO. CLL REVISIONS SHEET 1 OF 1 DATE 11/7/08 APPENDIX B — Field Operations Reference Notes for Boring Logs Boring Logs B-1 to B-3 and P-1 and P-2 tC�' REFERENCE NOTES FOR BORING LOGS MATERIALt'2 ASPHALT CONCRETE ❑� �� GRAVEL TOPSOIL ® SHALE LIMESTONE a� �- AGGREGATE BASE COURSE FILL MAN -PLACED SOILS GW WELL -GRADED GRAVEL �-;� t gravel -sand mixtures, little or no fines * + GP POORLY -GRADED GRAVEL gravel -sand mixtures, little or no fines GM SILTY GRAVEL gravel -sand -silt mixtures GC CLAYEY GRAVEL gravel -sand -clay mixtures SW WELL -GRADED SAND gravelly sand, little or no fines •' SP POORLY -GRADED SAND gravelly sand, little or no fines RSM SILTY SAND sand -silt mixtures SC CLAYEY SAND sand -clay mixtures ML SILT non -plastic to medium plasticity MH ELASTIC SILT I high plasticity CL LEAN CLAY low to medium plasticity CH FAT CLAY P high plasticity OL ORGANIC SILT or CLAY non -plastic to low plasticity OH ORGANIC SILT or CLAY high plasticity PT PEAT Wi t highly organic soils DRILLING SAMPLING SYMBOLS & ABBREVIATIONS SS Split Spoon Sampler PM Pressuremeter Test ST Shelby Tube Sampler RD Rock Bit Drilling WS Wash Sample RC Rock Core, NX, BX, AX BS Bulk Sample of Cuttings REC Rock Sample Recovery % PA Power Auger (no sample) RQD Rock Quality Designation % HSA Hollow Stem Auger CFA Continuous Flight Auger PARTICLE SIZE IDENTIFICATION DESIGNATION PARTICLE SIZES Boulders 12 inches (300 mm) or larger Cobbles 3 inches to 12 inches (75 mm to 300 mm) Gravel: Coarse 3/4 inch to 3 inches (19 mm to 75 mm) Fine 4.75 mm to 19 mm (No. 4 sieve to 3/4 inch) Sand: Coarse 2.00 mm to 4.75 mm (No. 10 to No. 4 sieve) Medium 0.425 mm to 2.00 mm (No. 40 to No. 10 sieve) Fine 0.074 mm to 0.425 mm (No. 200 to No. 40 sieve) Silt & Clay ("Fines") <0.074 mm (smaller than a No. 200 sieve) COHESIVE SILTS & CLAYS UNCONFINED COMPRESSIVE SPT5 CONSISTENCY STRENGTH, Qp4 (BPF) (COHESIVE) <0.25 <3 Very Soft 0.25 - <0.50 3-4 Soft 0.50 - <1.00 5-8 Medium Stiff 1.00 - <2.00 9 - 15 Stiff 2.00 - <4.00 16 - 30 Very Stiff 4.00 - 8.00 31 - 50 Hard >8.00 >50 Very Hard GRAVELS, SANDS & NON -COHESIVE SILTS SPT5 DENSITY <5 Very Loose 5-10 Loose 11 - 30 Medium Dense 31 - 50 Dense >50 Very Dense COARSE FINE RELATIVE GRAINED GRAINED AMOUNT' (%)a (%)a Trace <5 <5 Dual Symbol 10 10 (ex: SW-SM) With 15-20 15-25 Adjective >25 >30 (ex: "Silty') WATER LEVELS WL Water Level (WS)(WD) (WS) While Sampling (WD) While Drilling SHW Seasonal High WT ACR After Casing Removal v WL Water Level at Drilling Completion Classifications and symbols per ASTM D 2488-09 (Visual -Manual Procedure) unless noted otherwise. 2To be consistent with general practice, "POORLY GRADED" has been removed from GP, GP -GM, GP -GC, SP, SP-SM, SP-SC soil types on the boring logs. 3Non-ASTM designations are included in soil descriptions and symbols along with ASTM symbol (Ex: (SM-FILL)]. 4Typically estimated via pocket penetrometer or Torvane shear test and expressed in tons per square foot (tsf). 5Standard Penetration Test (SPT) refers to the number of hammer blows (blow count) of a 140 lb. hammer falling 30 inches on a 2 inch OD split spoon sampler required to drive the sampler 12 inches (ASTM D 1586). "N-value" is another term for `blow count" and is expressed in blows per foot (bpf). 6The water levels are those levels actually measured in the borehole at the times indicated by the symbol. The measurements are relatively reliable when augering, without adding fluids, in granular soils. In clay and cohesive silts, the determination of water levels may require several days for the water level to stabilize. In such cases, additional methods of measurement are generally employed. Minor deviation from ASTM D 2488-09 Note 16. 8Percentages are estimated to the nearest 5% per ASTM D 2488-09. Reference Notes for Boring Logs (FINAL 10-13-2016) @ 2016 ECS Corporate Services, LLC. All Rights Reserved CLIENT Job #: BORING # SHEET Con er Group Texas 63:1321 B-1 1 OF 1 hCS PROA NAME ARCHITECT -ENGINEER 451 W. Bonds Ranch Rd. MJ Thomas Enclineerina. LLC SITE LOCATION 451 W. Bonds Ranch Rd., Fort Worth Tarrant Countv, TX NORTHING EASTING STATION 32.92193 1-97.36237 Z DESCRIPTION OF MATERIAL ENGLISH UNITS a ~ Z w Oz Co E BOTTOM OF CASING 10 LOSS OF CIRCULATION 1002 W O - = J g J g J g > 00 SURFACE ELEVATION 738 (If Q (n W W O0 W 0 Q fn Q Co Q co W ofW Q J J m 0 — S-1 ST 12 12 (CH) FAT CLAY, dark brown, brown, with limestone fraqments , LIMESTONE, Tan, with clay seams 735 \S-2 TCP 1.25— 730 LIMESTONE, Gray 10 �S-3 TCP 0.5/--- 725 13 �S-4 TCP 0.25i END OF BORING @ 15' — — 720 20 — — — 715 25 — — — 710 30 — — -& CALIBRATED PENETROMETER TONSIFT2 ROCK QUALITY DESIGNATION & RECOVERY ROD% - — - REC% PLASTIC WATER LIQUID LIMIT% CONTENT% LIMIT% X s A STANDARD PENETRATION BLOWSIFT 13.1♦ 264— - — —:--�--z�-59 4.5+ I i� �1 •4 1 GG C> THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL TYPES. IN -SITU THE TRANSITION MAY BE GRADUAL. 4 WL dry WS ❑ WD ® BORING STARTED 07/22/20 CAVE IN DEPTH WL(SHW) 1 WL(ACR) BORING COMPLETED 07/22/20 HAMMER TYPE Auto WL dry At completion RIG Truck FOREMAN Clinton DRILLING METHOD CFA CLIENT Job #: BORING # SHEET Con er Group Texas 63:1321 B-2 1 OF 1 hCS PROA NAME ARCHITECT -ENGINEER 451 W. Bonds Ranch Rd. MJ Thomas Enclineerina. LLC SITE LOCATION 451 W. Bonds Ranch Rd., Fort Worth Tarrant Countv, TX NORTHING EASTING STATION 32.92139 1-97.36283 Z DESCRIPTION OF MATERIAL ENGLISH UNITS a ~ Z w Oz Co E BOTTOM OF CASING 10 LOSS OF CIRCULATION O - = J J g g J g > 00 SURFACE ELEVATION 738 (If Q (n W W O0 W 0 Q Q fn Co Q co W ofW Q J J m 0 — S-1 ST 12 12 (CH) FAT CLAY, dark brown, brown, with j — ,limestone fraqments = LIMESTONE, Tan, with clay seams — 735 \S-2 TCP 1.25--- LIMESTONE, Gray — 730 10 �S-3 TCP 0.5/ — 725 13 \S-4 TCP 0.5/ END OF BORING @ 15' — — — 720 20 — — — — 715 25 — — — — 710 30 — — -& CALIBRATED PENETROMETER TONSIFT2 ROCK QUALITY DESIGNATION & RECOVERY ROD% - — - REC% PLASTIC WATER LIQUID LIMIT% CONTENT% LIMIT% X s A STANDARD PENETRATION BLOWSIFT 15.6♦ 254- - — — ---¢�65 4.5+ �1 ♦4 IJ6 ' THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL TYPES. IN -SITU THE TRANSITION MAY BE GRADUAL. 4 WL dry WS ❑ WD ® BORING STARTED 07/22/20 CAVE IN DEPTH WL(SHW) 1 WL(ACR) BORING COMPLETED 07/22/20 HAMMER TYPE Auto WL dry At completion RIG Truck FOREMAN Clinton DRILLING METHOD CFA CLIENT Job #: BORING # SHEET Con er Group Texas 63:1321 B-3 1 OF 1 hCS PROA NAME ARCHITECT -ENGINEER 451 W. Bonds Ranch Rd. MJ Thomas Enclineerina. LLC SITE LOCATION �- CALIBRATED PENETROMETER TONSIFT2 451 W. Bonds Ranch Rd., Fort Worth Tarrant Countv, TX NORTHING I EASTING I STATION ROCK QUALITY DESIGNATION & RECOVERY ROD% — REC% 32.92 )87 1-97.36236 z DESCRIPTION OF MATERIAL ENGLISH UNITS a ~ Z w Oz Co p BOTTOM OF CASING 10 LOSS OF CIRCULATION 1002 w O - g g g 00 SURFACE ELEVATION 736 W w O W 0 Q co Q Co Q Cn W ofW Q J J m 0 — LIMESTONE, Tan, with clay seams \S-1 TCP 1.0/' 10 \S-2 TCP 0.5/ 13 \S-3 TCP 0.5/ 20 — 25 — 30 — LIMESTONE, Gray END OF BORING @ 15' 735 730 725 — 720 — 715 — 710 PLASTIC WATER LIQUID LIMIT% CONTENT% LIMIT% X s A STANDARD PENETRATION BLOWSIFT 100-0 100-0 THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL TYPES. IN -SITU THE TRANSITION MAY BE GRADUAL. 4 WL dry WS ❑ WD ® BORING STARTED 07/22/20 CAVE IN DEPTH WL(SHW) 1 WL(ACR) BORING COMPLETED 07/22/20 HAMMER TYPE Auto WL dry At completion RIG Truck FOREMAN Clinton DRILLING METHOD CFA CLIENT Job #: BORING # SHEET Con er Group Texas 63:1321 P-1 1 OF 1 hCS PRO, NAME ARCHITECT -ENGINEER 451 W. Bonds Ranch Rd. MJ Thomas Enclineerina. LLC SITE LOCATION �- CALIBRATED PENETROMETER TONS/FT2 451 W. Bonds Ranch Rd., Fort Worth Tarrant Countv, TX NORTHING EASTING STATION ROCK QUALITY DESIGNATION & RECOVERY 197.36184 RQD% - — - REC°Io 32.92 )77 z DESCRIPTION OF MATERIAL ENGLISH UNITS PLASTIC WATER LIQUID LIMIT% CONTENT% LIMIT% a Co? Oz E BOTTOM OF CASING 10 LOSS OF CIRCULATION 1002 w W O X - = J J J > g g g 00 SURFACE ELEVATION 734 OfQ F W (n o STANDARD PENETRATION -Wm BLOWSlFT o co U) va o 0 — LIMESTONE, Tan, with clay seams — 730 \S-1 TCP 1.25-- 100-W LIMESTONE, Gray — 725 10 �S-2 TCP 0.5�__ END OF BORING @ 10' — 160 — — 720 15 — — — — 715 20 — — — — 710 25 — — — — 705 30 — — THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL TYPES. IN -SITU THE TRANSITION MAY BE GRADUAL. 4 WL dry WS ❑ WD ® BORING STARTED 07/22/20 CAVE IN DEPTH WL(SHW) 1 WL(ACR) BORING COMPLETED 07/22/20 HAMMER TYPE Auto WL dry AT completion RIG Truck FOREMAN Clinton DRILLING METHOD CFA CLIENT Job #: BORING # SHEET Con er Group Texas 63:1321 P-2 1 OF 1 hCS PROA NAME ARCHITECT -ENGINEER 451 W. Bonds Ranch Rd. MJ Thomas Enclineerina. LLC SITE LOCATION �- CALIBRATED PENETROMETER TONSIFT2 451 W. Bonds Ranch Rd., Fort Worth Tarrant Countv, TX NORTHING EASTING STATION ROCK QUALITY DESIGNATION & RECOVERY 197.36189 RQD% - — - REC°Io 32.92153 z DESCRIPTION OF MATERIAL ENGLISH UNITS PLASTIC WATER LIQUID LIMIT% CONTENT% LIMIT% a Co? Oz E BOTTOM OF CASING 10 LOSS OF CIRCULATION 1002 w W O X - = J J J > g g g 00 SURFACE ELEVATION 736 OfQ F W (n o STANDARD PENETRATION -Wm BLOWSlFT o co U)) va) o 0 — LIMESTONE, Tan, with clay seams — 735 \S-1 TCP 1.25r-- 100-W — 730 LIMESTONE, Gray 10 �S-2 TCP 0.5�__ END OF BORING @ 10' — 160 — — 725 15 — - - — 720 20 — - - — 715 25 — - - — 710 30 — — THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL TYPES. IN -SITU THE TRANSITION MAY BE GRADUAL. 4 WL dry WS ❑ WD ® BORING STARTED 07/22/20 CAVE IN DEPTH WL(SHW) 1 WL(ACR) BORING COMPLETED 07/22/20 HAMMER TYPE Auto WL dry At completion RIG Truck FOREMAN Clinton DRILLING METHOD CFA APPENDIX C — Laboratory Testing Laboratory Testing Summary ECS Southwest, LLP Fort Worth, Texas Laboratory Testing Summary Date: 7/28/2020 Project Number: 63:1321 Project Name: Bonds Ranch Subdivision Project Engineer: MH Principal Engineer: RJ Summary By: MH Atterberg Limits3 Percent Dry One -Dimensional Swel16 Unconfined Boring Sample Depth MC' Soil Passing Unit Final Compssion Sulfate Number Number (feet) (%) Type LL PL PI No.200 Weight Moisture Surcharge Swell Strength (ppm) Sieves (Pcf) M (psf) M (tsf) CH 59 26 33 B-2 I S-1 I 0' - 2' I 15.6 I CH I 65 I 25 I 40 Notes: 1. ASTM D 2216, 2. ASTM D 2487, 3. ASTM D 4318, 4. ASTM D 7260, 5. ASTM D 1140, 6. ASTM D 4546 Definitions: MC: Moisture Content, Soil Type: USCS (Unified Soil Classification System), LL: Liquid Limit, PL: Plastic Limit, PI: Plasticity Index, NP: Non Plastic CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/29/2023 IApprovall Spec No. IClasssification Manufacturer Model No. National Spec Size Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) I 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra -Seal P-201 ASTM 132240/13412/13792 I 04/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-001 I 04/26/00 33 05 13 Profile Gasket for 4' Diam. MH. Press -Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH I 1126199 33 05 13 HOPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non -traffic area I 5/13105 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation System I Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13) I I 1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowthe ASTM 3753 Non -traffic area I 08/30/06 I 33 39 13 Fiberglass Manhole L.F. Manufacturing Non -traffic area I Water & Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16) I33 05 13 IManhole Frames and Covers I Westem Iron Works, Bass & Hays Foundry 1001 24"x40" WD Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16) " 3305 13 Manhole Frames and Covers Westem Iron Works, Bass & Hays Foundry 30024 24" Dia. * 3305 13 Manhole Frames and Covers McKinley It. Works Inc. A 24 AM 24" Dia. I 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. I 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry NF 1274 ASTM A48 & AASHTO M306 30" Dia. I33 05 13 Manhole Frames and Covers Sigma Corporation MH-144N I33 05 13 Manhole Frames and Covers Sigma Corporation MH-143N I33 05 13 Manhole Frames and Covers Pont-A-Moreson GTS-STD 24" the. I33 05 13 Manhole Frames and Covers Neenah Casting 24" the. I 10/31/06 33 05 13 Manhole Frames and Covers (Hinged) Powerseal Hinged Ductile Iron Manhole ASTM A536 24" Dia. I 7/25/03 3305 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus) RE32-R8FS 30" Dia. I 01/31/06 3305 13 30" Dia. MH Ring and Cover East Jordan Iron Works V1432-2 and V1483 Designs AASFITO M306-04 30" Dia. I 11/02/10 3305 13 30" Dia. MH Ring and Cover Sigma Corporation MH165IFWN & MH16502 30" Dia I 07/19/1 t 3305 13 30" Dia. MH Ring and Cover Star Pipe Products NIH32FTWSS-DC 30" Dia I 08/10/11 3305 13 30" Dia. MH Ring and Cover Accucast 220700 Heavy Duty with Gasket Ring 30" Dia 30" ERGO XL Assembly 10/14/13 3305 13 30" Dia. MH Ring and Cover (Hinged & Lockable) East Jordan Iron Works with Cam Lock/MPIC/T-Gasket ASSFITO MI 05 & ASTM A536 30" Dia I 06/01/17 3405 13 30" Dia. MH Rine and Cover (Lockable) CI SIP Industries 2280 (32") ASTM A 48 30" Dia. CAP-ONE-30-FTW, Composite, w/ Lock 09/16/19 33 05 13 30" Dia. MH Ring and Cover Composite Access Products, L.P. w/o Hing 30" Dia. 10/07/21 34 O 13 30" Dia. MH Ring and Cover Trumbull Manufacturing 32"(30") Frame and Cover 30" Dia. Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/16) * 33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight 24" Dia. * 33 05 13 Manhole Frames and Covers Neenah Casting 24" Dia. * 3305 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia. * 3305 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia. 03/08/00 3305 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia. 04/20/01 3305 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia. Water & Sewer - Manholes & Bases/Precast Concrete Tev 1/8/13) * 33 39 10 Manhole, Precast Concrete Hydro Condurt Corp SPL Item -1 ASTM C 478 48" * 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. Inc. ASTM C-443 48" 12/0S/23 33 39 10 IManhole, Precast Concrete The Tumer Company 72" I.D. Manhole w/ 32" Cone ASTM C 478 72" OS/08/18 33 39 10 Manhole, Precast Concrete The Turner Company 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 48", 60" I 10/27/06 33 39 10 Manhole, Precast Concrete Oldeastle Precast Inc. 48" I.D. Manhole w/ 24" Cone ASTM C 478 48" Diam w 24" Ring I I 06/09/10 33 39 10 Manhole, Precast (Reinforced Polymer)Concrete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72" I I 09/06/19 33 3920 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72" I I 10/07/21 32 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 48" I.D. Manhole w/32" Cone ASTM C-77 48" I I 10/07/21 33 3920 Manhole, Precast (Reinforced Polymer) Concrete Armon-k 48" & 60" I.D. Manhole w/32" Cone 48" & 60" I I 10/07/21 33 3920 Manhole, Precast (Hybrid) Polymer & PVC Predl Systems 48" & 60" I.D. Manhole w/32" Cone 48" & 60" Non Traffic Areas I ASTM C-478; ASTM C-923; -1/07/23 33 3920 Manhole, Precast Concrete AmeriTex Pipe and Products, LLC 48" & 60" I.D. Manhole w/32" Cone ASTM C-443 I 03/07/23 33 3920 Manhole, Precast (Reinforced Polymer) Concrete P3 Polymers, RockHardscp 48" & 60" I.D. Manhole w/32" Cone I I 04/28/07 Manhole, Precast (Reinforced Polymer) Concrete Amiteeh USA Meyer Polycrete Pipe I I I I Sewer -(WAC) Wastewater Access Chamber 33 39 40 I I Water & Sewer - Manholes & Bases/Rehab Svstems/Cementitious IE1-14 Manhole Rehab Systems Ouadex I 04/23/01 E1-14 Manhole Rehab Systems Standard Cement Materials, Inc. Relmer MSP E1-14 Manhole Rehab Systems AP/M Permaform I 4/20/01 E1-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System I 5/12/03 E1-14 Manhole Rehab System (Liner) Triplex Lining System MH repair product to stop infiltration ASTM D5813 I08/30/06 I General Concrete Repair FlexKrete Technologies Vinyl Polyester Reparr Product Misc. Use I * From Original Standard Products List 1 FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST (Approval Spec No. IClasssification I Manufacturer Water & Sewer - Manholes & Bases/Rehab Svstems/NonCementitious 05/20/96 E1-14 Manhole Rehab Systems Spravrog, 12/14/01 Coating for Corrosion protection(Exterior) ERTECH 01/31/06 Coatings for Corrosion Protection Chesterton 8/28/2006 Coatings for Corrosion Protection Warren Environmental 33 01 16, 33 39 10, 03/19/18 33 39 20 Coating for Corrosion protection(Exterior) Sherwin Williams Water & Sewer - Manhole Inserts - Field Onerations Use Only (Rev 2/3/16) * 33 05 13 Manhole Insert Knutson Enterprises * 3305 13 Manhole Insert South Western Packaging * 33 05 13 Manhole Insert Nofiow-Inflow 09/23/96 3305 13 Manhole Insert Southwestem Packing & Seals, Inc. 09/23/96 3305 13 Manhole Insert Southwestern Packing & Seals, Inc. Water & Sewer - Pine Casine Spacers 33-05-24 (07/01/13) 11/04/02 Steel Band Casing Spacers Advanced Products and Systems, Inc. 02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. 04/22/87 Casing Spacers Cascade Waterworks Manufacturing 09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator 09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator 05/10/11 Stainless Steel Casing Spacer Powerseal 03/19/18 Casing Spacers BWM 03/19/18 Casing Spacers BWM 03/29/22 3305 13 Casing Spacers CCI Pipeline Systems Water & Sewer - PiDes/Ductile Iron 33-11-10(1/8/13) Model No. National Spec Spray Wall Polyurethane Coating ASTM D639/D790 Series 20230 and 2100 (Asphatic Emulsion) Arc 791, S1BB, Sl, S2 Acid Resistance Test S-301 and M-301 RR&C Dampproofing Non-Fibered Spray Grade (Asphatic Emulsion) Made to Order - Plastic ASTM D 1248 Made to Order - Plastic ASTM D 1248 Made to Order - Plastic ASTM D 1248 Lifesaver - Stainless Steel TetherLok- Stainless Steel Carbon Steel Spacers, Model SI Stainless Steel Spacer, Model SSI Casing Spacers Stainless Steel Casing Spacer Coated Steel Casin Spacers 4810 Powerchock SS-12 Casing Spacer(Stainless Steel) FB-12 Casing Spacer (Coated Carbon Steel) for Non_rressme Pipe and Grouted Casing CSC12, CSS12 * 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AW WA C150, C151 08/24/18 33 11 10 Ductile It. Pipe American Ductile Iron Pipe Co. American Futile Pipe (Bell Spigot) AW WA C150, C151 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Flex Ring (Restrained Joint) AW WA C150, C151 * 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AW WA C150, C151 * 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AW WA C150, C151 Water & Sewer - Utility Line Marker (08/24/2018) Sewer - Coatin¢s/Enoxv 33-39-60 (01/08/13) 02/25/02 Epoxy Lining System Sauereisen, Inc SewerGard 21ORS LA County #210-1.33 12/14/01 Epoxy Lining System Enech Technical Coatings Ertech 2030 and 2100 Series 04/14/05 Interior Ductile Iron Pipe Coating Induron Protean 401 ASTM B-117 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1BB, Sl, S2 Acid Resistance Test 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer - Coatin¢s/Polvurethane Updated:12/29/2023 Size Structures Only Sewer Applications Sealer Applications For Exterior Coating of Concrete Structures Only For 24" dia. For 24" dia. For 24" dia. For 24" dia. For 24" dia Up to 48" Up to 48" Up to 48" 3" fl m 24" 4" thm 30" 4" thm 30" Ductile Iron Pipe Only Sewer Applications Sealer Applications Sewer - Combination Air Valves 05/25/18 33-31-70 Air Release Valve A.R.I. USA, Inc. D025LTP02(Composite Body) 2" Sewer - Pines/Concrete * E:- Conc. Pipe, Reinforced Wall Concrete Pipe Co. Inc. ASTM C 76 * E I-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item #77 ASTM C 76 * E I-04 Conc. Pipe, Reinforced Hanson Concrete Products - - - -, - ASTM C 76 * E I-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76 Sewer - Pine Enlarement Svstem (Method)33-31-23 (01/18/13) PIM System PIM Corporation Polyethylene PIM CorP.. Piscata WaY, N.J. Approved Previously McConnell Systems McLat Construction Polyethylene Houston, Texas Approved Previously TRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously * From Original Standard Products List 2 FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/29/2023 (Approval Spec No. )Classsification Manufacturer Model No. National Spec Size Sewer- PiDe/Fiber0ass Reinforced/33-31-13(1/8/13) 7/21/97 33 31 13 Cent. Cast Fiberglass (FRP) Hobas Pipe USA, Inc. Helios Pipe (Non -Pressure) ASTM D3262/D3754 03/22/10 33 31 13 Fiberglass Pipe (FRP) Ameron Bondstrand RPMP Pipe ASTM D3262/D3754 04/09/21 3331 13 Glass -Fiber Reinforced Polymer Pipe (FRP) Thompson Pipe Group Thompson Pipe (Flowtite) ASTM D3262/D3754 03/07/23 3331 13 Fiberglass Pipe (FRP) Future Pipe Industries Fiberstrong FRP ASTM D3262, ASTM D3681, ASTM D4161, AW WA M45 Sewer - PiDe/Polvmer PIDe 4/14/05 Polymer Modified Concrete Pioe Anech USA MPolwrete Pipe ASTM C33, A276, -17 8" to 102", Class V 06/09/10 EI-9 Reinforced Polvmer Concrete Pipe UmS Composite Pipe Reinforcedeyer Polymer Concrete Pioe ASTM C-76 Sewer - PiDes/HDPE 33-31-23(1/8/13) * High -density polyethylene pipe Phillips Driswpipe, Inc. Ovticore Ductile Polyethylene Pipe ASTM D 1248 8" * High -density polyethylene pipe Plexco Inc. ASTM D 1248 8" * High -density polyethylene pipe Polly Pipe, Inc. ASTMD 1248 8" High -density Polyethylene pipe CSR Hydro Conduit/Pioeline Systems McConnell Pipe Enlargement ASTM D 1248 Sewer - PiDes/PVC (Pressure Sewer) 33-11-12 (4/1/13) 12/02/11 33-11-13 DR -Id PVC Pressure Pipe Pipelife Jetstream PVC Pressure Pipe AW WA C900 4" thru 12" 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AW WA C900 4" thru 12" Sewer - PiDes/PVC* 33-31-20 (7/1/13), * 33-31-20 PVC Sewer Pioe 1-M Manufacturing Co., Inc. (JM Eagle) SDR-26 (PS115) ASTM D 3034 4" - 15" 12/23/97* 33-31-20 PVC Sewer Pioe Diamond Plastics Corporation SDR-26 (PS115) ASTM D 3034 4" thin 15" * 33-31-20 PVC Sewer Pioe Lamson Vylm Pipe SDR-26 (PSI 15) ASTM D 3034 4" thm 15" 12/05/23 33-31-20 PVC Sewer Pie Vin (tech PVC Pie SDR-26 PS115 ASTM D3034 4" thm 15" 12/05/23 33-31-20 PVC Sewer Pie Vin ltech PVC Pie Grovi Sewer PS 115 ASTM F 679 18" * 33-31-20 PVC Sewer PiJje J-M Manufacmrinv�Co, Inc (JM Eagle) PS 115 ASTM F 679 18" - 28" 05/06/05 33-31-20 PVC Solid Wall Pipe Diamond Plashes Corporation PS 115 ASTM F-679 18" to 48" 04/27/06 33-31-20 PVC Sewer Fittings Harco SDR-26 (PS 115) Gasket Finings ASTM D-3034, D-1784, etc 4" - 15" * 33-31-20 PVC Sewer Fittings Plastic Trends, Ine.(Westlak) Gasketed PVC Sewer Main Fittings ASTM D 3034 1 3/19/2018 33 3120 PVC Sewer Pipe Pipelife Jet Stream SDR 26 (PS 115) ASTM F679 18"- 24" 1 3/19/2018 33 3120 PVC Sewer PTe Pipelife Jet Stream SDR 26 ASTM D3034 4"- 11" 1 3/29/2019 33 3120 Gasketed Fittings (PVC) GPK Products, Inc. SDR 26 ASTM D3034 4"- 15" 1 10/21/2020 33 3120 PVC Sewer Pipe NAPCO(Westlake) SDR 26 ASTM D3034 4" - 15" 1 10/22/2020 33 3120 PVC Sewer Pipe Sanderson Pipe Corp. SDR 26 ASTM D3034 4"- 15" 1 10/21/2020 333120 PVC Sewer Pipe NAPCO(Westlake) SDR 26 PS 115 ASTM F-679 18"-36" Sewer - PiDes/Rehab/CIPP 33-31-12 (01/18/131 * Cured in Place Pioe In in— Texark, Inc ASTM F 1216 05/03/99 Cured in Place Pioe National Envirotech Group National Liner, (SPL) Item #27 ASF-1216/D-5813 05/29/96 Cured in Place Pipe Remolds Inc/Inliner Technol" (Inliner USA) Inlmer Technology ASTM F 1216 Sewer - Piues/Rehab/Fold & Form * Fold and Form Pipe Cullum Pipe Systems, hic. 11/03/98 Fold and Form Pipe Insimform Technologies, Inc. Insituform "NuPine" ASTM F-1504 Fold and Form Pipe American Pipe & Plastics, Inc. Demo. Purpose Only 12/04/00 Fold and Form Pipe Ultralner Ultraliner PVC Alloy Pipelmer ASTM F-1504, 1871, 1867 06/09/03 Fold and Form Pipe Miller Pipeline Com. EX Method ASTM F-1504, F-1947 UP to 18" diameter Sewer - PiDeS/ODen PCoelle Laree Diameter 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Lamson Vylon Pipe Carlon Vylon H.C. Closed Profile Pipe, ASTM F 679 18" to 48" 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Extrusion Technologies, Inc. Ultra -Rib Open Profile Sewer Pipe ASTM F 679 18" to 48" E100-2 PVC Sewer Pipe, Ribbed Up -or ETI Company 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Double Wall Advanced Drainage Systems (ADS) SaniTite UP Double Wall (Corrugated) ASTM F 2736 24"-30" 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple Wall Advanced Drainage Systems (ADS) SaniTite HP Triple Wall Pipe ASTM F 2764 30" to 60" * From Original Standard Products List 3 CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/29/2023 (Approval Spec No. IClasssification Manufacturer Model No. National Spec Size Water - Aoour-enances 33-12-10 (07/01/13) 01/18/18 33-12-10 Double Strap Saddle Romac 202NS Nylon Coated AWWA C800 1"-2" SVC, up to 24" Pipe 08/28/02 Double Strap Saddle Smith Blau 4317 Nylon Coated Double Strap Saddle 07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AWWA C800 1"-2" SVC, up to 24" Pipe 03/07/23 33-12-10 Double Strap Service Saddle Powerseal 3450AS, Incl. Corp. Stop, ON Strap, Stainless NSF ANSI 372 1"-2" SVC, up to 24" Pipe 10/27/87 Curb Stops -Ball Meter Valves McDonald 6100M,6100MT & 61 OMT 3/4" and 1" 10/27/87 Curb Stops -Ball Meter Valves McDonald 4603B, 4604B, 6100M, 6100TM and 6101M 1'/:" and 2" FB600-7NL, FB1600-7-NL, FV23-777-W-NL, 1/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. -2-7-L AWWA C800 2" FB600-6-NL, FB1600-6-NL, FV23-666-W- 1111018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, L22-66NL AWWA C800 - ^' FB600-4-NL, FB1600-4-NL, B11-444-WR- 1111.1. 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, B22444-WR-NL, L28-44NL AWWA C800 I " 13-25000N, B-24277N-3, B-20200N-3, H- AWWA C800, ANSF 61, 1/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, , H-1552N, H142276N ANSI/NSF 372 _ B-25000N, B-20200N-3, B-24277N-3,H- AWWA C800, ANSF 61, 1111.1. 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, H-14276N, H-15525N ANSI/NSF 372 1-1/3" B-25000N, B-20200N-3,H-15000N, H- AWWA C800, ANSF 61, 1111.1. 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15530N ANSI/NSF 372 V 01/26/00 Coated Tapping Saddle with Double SS Straps 1CM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) 1CM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out 03/29/22 33-12-25 Tapping Sleeve (Coated or Stainless Steel) 1CM Industries, Inc. 415 Tapping Sleeve AWWA C-223 Concrete Pipe Only 05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16" 02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 420 AWWA C-223 up to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST Stainless Steel AWWA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out 05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW37C-12-1EPAF FTW Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW39C-12-1EPAF FTW 08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-1EPAF FTW Class "A" Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9 Concrete Meter Box Bass & Hays CMB-18-Dual 1416 LID-9 Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9 Water - Bolts. Nuts. and Gaskets 33-11-05 (01/08/13). Water - Combination Air Release 33-31-70 (01/08/13) * E1-11 Air Release Valve GA Industries, Inc. Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 1" & 2" * E1-11 [rarbombination inationAir Release Valve Multiplex Manufacturing Co. Crispin Air and Vacuum Valves, Model No. 11" 1" & 2" E1-11 ombination Air Release Valve Valve and Primer Corp. APCO 4143C, #145C and #147C 1", 2" & 3" Water - Dry Barrel Fire Hvdrants 33-1240 (01/15/14) 10/01/87 E-1-12 Dry Barrel Fire Hydrant American -Darling Valve Drawing Nos. 90-18608, 94-18560 AWWA C-502 03/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-502 09/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-502 01/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-502 08/24/88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502 E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-502 0.1.7 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 Shop Drawings No. 6461 l0/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Centurion AWWA C-502 Shop Drawing FH-12 01/15/88 E1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Super Centurion 200 AWWA C-502 10/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-502 09/16/87 E-1-12 Dry Barrel Fire Hydrant American Flow Control (AFC) Waterous Pacer WB67 AWWA C-502 08/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250 Water - Meters 02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AW WA C550 4" - 10" 08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6" * From Original Standard Products List 4 CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/29/2023 IApprovall Spec No. IClasssification Manufacturer Model No. National Spec Size Water - Pines/PVC (Pressure Water) 33-31-70 (01/08/13) AWWA C900, AW WA C605, 12/05/23 33-I1-12 PVC Pressure Pie Vin loch PVC Pipe DR14 ASTM D1784 V-16" AWWA C900, AWWA C605, 12/OS/23 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR18 ASTM D1784 16"-18" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12" 1 3/19/2018 3311 12 PVC Pressure Pipe Pipelife Jet Stream DR18 AWWA C900 16"-24" 1 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Comoration DR 14 AWWA C900 4"-12" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 18 AWWA C900 16"-24" AWWA C900-16 UL 1285 12/6/2018 3311 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 14 ANSI/NSF 61 4"-28" FM 1612 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 18 " ° 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC AWWA C900 4" - 8" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR18 AWWA C900 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR14 AWWA C900 4%12" 9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4%12" Water - PlDes/Valves & Fittings/Ductile Iron Fittings 33-11-11 (01/08/13) 07/23/92 EI-07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Fittings AW WA C153 & C110 * E1-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittin, @ AWWA C 110 * E1-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities Division Mechanical Joint Finings, SSB lass 350 AWWA C 153, C 110, C III 08/11/98 E1-07 Ductile Iron Fittings Sigma, Co. Mechanical Joint Finings, SSB Class 351 AWWA C 153, C 110, C 112 02/26/14 E1-07 MJ Fittings Accucast Class 350 C-153 MJ Finings AWWA C153 4"-12" 05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1400 AW WA C111/C153 4" to 36" 05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co./Um-Flange Uni-Flange Series 1500 Circle -Lock AW WA C111/C153 4" to 24" 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc. One Bolt Restrained Joint Fitting AWWA C111/C116/C153 4" to 12" 02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 1100 (for DI Pipe) AWWA C111/C116/C153 4" to 42" 02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 2000 (for PVC Pipe) AWWA C111/C116/C153 4" to 24" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLC4 - SLC10 AW WA C111/C153 4" to 10" 03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCS4 - SLCS12 AW WA C111/C153 4" to 12" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCE AW WA C111/C153 12" to 24" 08/10/98 E1-07 MJ Fittings(DIP) Sigma, Co. Sigma One-Lok SLDE AWWA C153 4" - 24" 10/12/10 E1-24 Interim Restrained Joint Svstem S & B Techncial Products Bulldog System ( Diamond Lok 21 & JM ASTM F-1624 4" to 12" 08/16/06 E1-07 Mechanical Joint Fittings SIP Industries(Serampore) Mechanical Joint Fittings AWWA C153 4" to 24" 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. PVC Stargnp Series 4000 ASTM A536 AW WA CI I I 11/07/16 33-11-I1 Mechanical Joint Retainer Glands Star Pipe Products, Inc. DIP Stargrip Series 3000 ASTM A536 AW WA CI I I EZ Grip Joint Restraint (EZD) Black For DIP 03/19/18 33-11-I1 Mechanical Joint Retaner Glands SIP Industries(Serampore) ASTM A536 AW WA CI I I 3"-48" EZ Grip Joint Restraint (EZD) Red for C900 03/19/18 33-11-I1 Mechanical Joint Retainer Glands SIP Industries(Serampore) DR14 PVC Pipe ASTM A536 AW WA CI I I 4"-12" EZ Grip Joint Restraint (EZD) Red for C900 03/19/18 33-11-I1 Mechanical Joint Retainer Glands SIP Industries(Serampore) DR18 PVC Pipe ASTM A536 AW WA CI I I 16"-24" Water - Pines/Valves & Fittings/Resilient Seated Gate Valve* 33-12-20 (05/13/15) Resilient Wedged Gate Valve w/no Gears American Flow Control Series 2500 Drawing # 94-20247 16" 12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AWWA C515 30" and 36" 08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255) AWWA C515 20" and 24" 05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AWWA C515 16" 10/24/00 E1-26 Resilient Wedge Gate Valve American Plow Control Series 2500 (Ductile Iron) AWWA C515 4" to 12" 08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AWWA C515 42" and 48" 05/23/91 E1-26 Resilient Wedge Gate Valve American AVK Company American AVK Resilient Seaded GV AWWA C509 4" to 12" 01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company 20" and smaller * E1-26 Resilient Seated Gate Valve Kennedy 4" - 12" * E1-26 Resilient Seated Gate Valve M&H 4" - 12" * E1-26 Resilient Seated Gate Valve Mueller Co. 4" - 12" 11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AWWA C515 16" 01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AWWA C515 24" and smaller 05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AWWA C515 30" and 36" 01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AWWA C515 42" and 48" 01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. AWWA C509 4" - 12" 10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AWWA C515 16" 11/08/99 EI-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AWWA C515 24" and smaller 11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AWWA C515 30" and 36" (Note 3) 11/30/12 ReaihentW Gate Valve eGate Clow Valve Co. Clow Valve Model 2638 AWWA C515 24" to 48" ote 3) 05/08/91 E1-26 Resilient Seat Valve Stockham Valves & Finings AWWA C 509, ANSI 420 - stem, 4" - * E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co. Met,,, a1250, requirements SPL #74 3" to 16" 10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works) IIIFlowMester Gate Valve & Boxes 08/24/18 Mateo Gate Valve Matco-Norca 225 MR AWWA/ANSI C115/An21.15 4" to 16" * From Original Standard Products List 5 FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/29/2023 (Approval Spec No. [Classsification Manufacturer Water - PiDes alves & Fittings/Rubber Seated Batter Valve 33-12-21 (07/10/14) Model No. National Spec Size * y E1-30 Rubber Seated Butterfly Valve Hei ry Pratt Co. AW WA C-504 24" * E1-30 Rubber Seated Butterfly Valve Mueller Co. AW WA C-504 24"and smaller 1/11/99 E1-30 Rubber Seated Butterfly Valve Dezurik Valves Co. AW WA C-504 24" and larger 06/12/03 E1-30 Valmatic American Butterfly Valve Valmanc Valve and Manufacturing Com. Valmatic American Butterfly Valve. AW WA C-504 Up to 84" diameter 04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AW WA C-504 24" to 48" 03/19/18 33 1221 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) AW WA C504 Butterfly Valve AW WA C-504 30"-54" Water - Polvethvlene Encasement 33-11-10 (01/08/13) 05/12/05 E1-13 Polyethylene Encasment Fl—ol Packaging Fulton Entemrises AW WA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AW WA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment AEP Industries Bullstrong by Cowtown Bolt & Gasket AW WA C105 8 mil LLD 09/06/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement for DIP AW WA C105 8 mil LLD Water - SamDlinE Station 03/07/23 33 12 50 l Water Sampling Station Eclipse Number 88 , 12-inch Depth of Bury As shown in spec. 33 12 50 Water - Automatic Flusher HG6-A-IN-2-BRN-LPRR(Portable) 1.110 Automated Flushing System Mueller Hydroguard HG2-A-IN--2-PVC-018-LPLG(Perinanent) 04/09/21 Automated Flushing System Kupferle Foundry Company Eclipse #9800we 04/09/21 Automated Flushing System Kupferle Foundry Company Eclipse #9700 (Portable) The Fort Worth Water Department's Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department's Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the regmrements of the Technical Specification w 11 override the Fort Worth Water Department's Standard Specifications and the Fort Worth Water Department's Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Yellow Highlight indicates recent changes * From Original Standard Products List I I9/9nfzz 19,192022 19/92U22 19/92022 19/92022 19/92022 19/92022 19I92U22 19/912022 19/92U22 19/9nU22 19I92022 19/9/2022 19/9212-' 9/9/2022 9/9/_O22 19/9/2022 19/9/2022 9/9/2022 9/9/2022 9/92022 9/92022 9/920 -1- 9/9/2022 9/92022 5/212023 9/92022 9/92022 9/9120= 9/9 0+ 9/9/2U22 9/92022 19/9/20z2 I9/92022 19/92022 19/92022 19/92=2 1919/2022 1I/S20^4 :4/12024 14/1 -024 14/1/2024 14/1/2024 14/1/2024 14/I/2023 19/9/2022 19/9/2022 19/9/2022 19/9/2021 19/92022 19N2022 19/9/2022 1982022 19 9 .022 19/9/2022 19/9/2022 19/92022 19N2022 19/92022 9/92022 9/92022 9/92022 9/92022 9/92022 9/92022 9/92U22 9/9/2U22 033000 Mix Design American Concrete Company 033000 NO Design American Concrete Cartoon, 033000 Mix Deaign American Concrete Company 033000 Mix Dan American Concrete Compony 033000 Mix Deagn Araos 033000 Mix Design Argos - - 033000 Mix Dedian Argos 0330 UO Mix Design Araos 033000 Mix Design Amos 033000 Mix Deaign Amos 033D 00 Mix ➢cs1�h Amos 133000 Mix Dea�.n Araos 033000 Mix Des'an Amos 0.13000 MxDceian Argos 033000 Mix Deaign Amos 033000 Mix Design Araos 033000 Mix Design Amos 033000 Mix Dorian Amos 011000 Mix Design Amos o3 30 00 Mix Design Argo, 03 30 00 Mix Design Argos 033000 Mix Dee n Argo' 033000 Mix Design Argoa 03 30 00 Mix Design B� D Concrete 033000 321313 Mix Dcs�n Mix DeaRn Hlfb Concrete Bha D Concrete 03 30 00 Mix Deaign Bi r�To", Concrete 033000 Mix Design Big rows Concrete 033000 Mix Deaign Bumco Texas 00 033000 Mix Design Bumco Texas 03 30 OD Mix Deaign Bumco Taxes 03 30 00 Mix Design Burnco Texas 033000 Mix Design Bomco'rexas 033000 Mix Design Bumco Texas 033000 Mix Dcsign Bumco Toms 033000 Mix 1)mian Bumco Texas 033000 Mix Deaign Burn. Texas 03 30 00 Mix Dasian Burnes Texas 033000 Mix Design Barren, Texas 03 30 00 mix Deal�ah Humeo Texas U33000 Min DeslRn Bumco Team 03 3D 00 Mix Deaign Bumco Texas 0.13000 3 30 00 mix Ikeian Humeo Texas 03 30 00 Mis Deoium Bumco Texas 0-13416 Mix Deaign Bumco Texas 0330 oo Mix Deaign Carder Concrete 013000 Mix Deslao Carder Concrete D3 30 00 Mix Dc,o n Carder Cmunelc 033000 Mix Dear Carder Cancrek 0330 oo Mix DcalBn Carder Concrete 03'000 Mix Desgn Calder Cnnerck 033000 Mix Design Carder Concrete 033000 Mix Dew Corder Concrete 033000 Mix Dcshgo ChmleVa Concrete 03 30 00 Mix D.r Charley'. Co i.e. 033000 Mix D" Chadeva Concrete 033000 Mixllcamn Churlevs Concrete 033000 Mix Do n CM1arIeV. Concrete 033000 Mix Deacon Ch.,Iw, Concrete 033000 Mix Design Clin'Concrete 033000 M.Design CharlNs Conemk O3 30 00 Mix Dean Ch:Z. Concrete 033000 MLx Dextan ChorleVs Cancrek 033000 Mix Dcsiun Chancy', Cancrek 03 30 00 Mx Deena. Chmleva Concrete 033000 Mix Deal gn Chisholm Trail Ruth Mix 033000 MLx Design City Concmte Company 30CAF029 3000 psi Concrete for Sidewalks & ADA Romps OIJAF382 1000ysi Conemtc Base Material for Trench Repair 40CNF065 400 G psi Concrctc far Monlroln &Utility Structures 45CAF076 4500 yysi Concrete in, Hand Placed Paiina DIOUOOU01737 d50U $Conerck for Hand Placed Paving D100.000179. 450E psi Conerck for 11m, Planed Nving DIUOOUOU 1793 450%.i Concrete for Ib.d Placed Paving DIUOOOOOI I U3 4_ Uff�si Concrctc for Hand Placed Pavinu DIOOUO002t07 45UG psi Concrete far Mad PI..W Paoin t DIUUOUOU 1273 4500 psi Conerck far Hand Placed P.vina DIODOWO 16173600 psi Conercte t'or Machine Placed Patina DI00000U83814500,p i Conercte for HES Posing D1000U0U9817 51 QQ i Plowable Fill -CLSM D1000GUO1055 3000 eai Concmte for (rich, Junction Bosom, Manholes, Channel Lincts, Sidewalks, Dri—ava, Curb & Goner DIDOOOU1043S 3000 psi Concrete for Sidewalks, Curbs D 1000001565S 3000 psi Con cmte for Curbs. Curb & Gotten,, Sidewalks, Dfiv—va, ADA Ramps D1000001615 36GO s Concrete for inlets. Boxcs. Encasement. Hlockihl� DO 00001U61360��sr Concrete for Inlets, Boxes, Eneoeemenf, Bloclan0. DIOOo0001OS3S 4066 psi Concrete for Valve Pads. Wen, Structures, Headwalls, Thmct Blockinu 1) 10000001093 4000 psi Concrete for Valve Pods. Intern. Structures, Hcadwalla. Thrust Blocking D100000016854000pal Conrn crete for Valve Fail D10000005751 75o I m' Canmt. Bose for Treh Repair DIOO00001681 4000 psi Concrete for Heodwulls. Reunion, Walls, Be. Culverts. Volley Gone. 7SKGRT 3000 psi Concrete for amifing 14500AE 4500ppppi Concrete for High Early St.jr°■thP.vine CM1452OAF4$GOri Concrctc for Hand Placed Y'vinR 452065.1 430Uy 6h d ,laced pming 450U65.1 450G A hand placed gming 45U500BG4 fit in Concrete Ax for Hand Placed Paving. Storm Structures 40U55330 4000 psi Concrete Mix for Machine Placed Pavinn 55U120AG 4000 psi Concrete Mix for Hian Early Swnath Pacing 30U I DOAG 3000 psi Concrete Mrx for Piyyee Collar. Inlets. Thorn Blocks, Sidewalks, ADA Ramps 30U 10 1 AG 30UG psi Concrete Mix for FTanvork 30USUOB0 3000 psi Conercte Mix for Blocking. Encasement, Curb Inlets, Junction Boxes. Fire Hvdmnt Pnds. Driveways, Curb & Gutters. Sidewalks. ADA Rnm�A 40USOOBG 4000 psi Wncrete Mix for Storm Diem Sweturea. Driveways. $emen Wall, Collars 31USOIBII 3600 tlsi Conercte Mx far Liulttnu and TratFe Sianol Foundations OHY450BA 8U011n Cancrek Mix for Bnae far Tmnch Repair OI Y69OBF I OG pQ Concrete Mix for Fl—ble Fill 36U502BG / 5.7d Socks / 3,600 si Concrete Mix for Lighting & Traffic Signal Foundations 35USUOBG 350U�/'�'si Concrete Mix for Crosswalks .U.")3000psi Concrctc Mix for Sid.s lks 09Y45013A Gout OI Y6908F 100ppJ�Fi Concrete Mx for Flowable Fil l SN120AG 45(10ysi Coneret Mix for High Early Strength 3000psMa 3 days IOYH30BF 10066yyai Concrete Base Material for Trench Repair FWCC6020214500 psi concrete for hand Placed Paving FWCC552091 3600 psi for Machine Placed Paving FWCC602091 3600 aa i for Machine Placed P'vinR FWCC359101 Floavn61.Fill-CLSM FWFF237501 Flowable Fill -CLSM F WCC6020014000 psi Concrete for Storm Dun. Sweet—, Mo dmIca. Headwalls. Remaining Walls. Valley Gutters, Drive Approaches FWCC5020213500�'i concrete for Sidnvolks. Drrvnvavy, l�ahr�p�. Curb&Gutter FWCC5020013006poifor Sidewalks, Drivexmva,Romoe, Curb Gutter.Flomrork 41423600,�i Concrete for Curb hick, luucfion Boxes 45194006psi Conerck for Hmdwalla. Wingwalla 51673600 si Conercte Mix for Machine Placed Pnvi 4609 4306 psi Concrete Mix 1'or Hand Placed Poving.onholes 61D3 4500 psi Concrete Mix for fiend Placed Paving. Manholes 4502 3000 and Concha Mix for Sidewalks 3759 300D psi Conerck Mix for Sidewalk. IS02150��ssi ConcretefMFlo Id Fill-CLSM 1518 15dPei Conemk 1'nr Plowable Fi11CLSM 56424000 psi Concrete for Storm Drain Structures 6593 500D pan Concrctc Mix f r Mah Early Srrenath Poring 6599 43Uu vQ Concrete Mix for l-Lah Early suerl�h Paving C13020A�'4'000 osi Concr a for Driveways. Curb & Guner I I-350-FF VWSO psi Concrete for Flovroble Fi11LLSM FORTWORT CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF IKf1612011 I Lane eta(car,mnad) 19/92022 03 30 00 Miz Design CitV Concrete Company 3GHASII 3000 poi Concrctc for RipRgy 19/92022 03 30 00 Mix Design City Concrete Company 30HA20II 3000 poi Canteen Mi. for {i(ocAi,t Sidewalks. Flanvorl:. Pads 19I92022 03 30 00 Mix Decian City Concrete Companv 45N025B 3600 psi Concrete Miz Cot Dnl led ]halia/Lightlnq and TnIBiC Signal Fopnd¢bons 19/92022 G3 30 00 Mix D-go CitV Cone rem Company SOOG25I13600e.i Sla-Di�yJ aced Drilled Shall 19192022 03 30 00 Mix Design City Concrete Company 45NA20II 4500 si C4nona lGDix for Hand Placed Paving I9/92022 03 30 00 Mix Design City Concrete Company I361A2011 3600 psi Conercte Mix f.uM ahmc Plac.A Paving 19/92022 03 30 00 M.D.ign City Concrete Company 367AGD1J 3600fai Consume Mix fur Machine Placed Paving 9/92022 03 30 00 Mix Design City Concrete Come 40LA20114000 oei Concrete Mix for Storm Dmin Structures 111162022 033000 00 Mix Design City Concrete Company CLN025133600 qq i Concrete for Drilled ShalVLighfina and Teethe Strut Foundations 15/52023 033000 Mix Dean City Concrete Company CCNA250AG 36b0,Kiii Concrete for Drilled Shatiai.ightiqq�� d Traffic Signal Foundations 15/52023 19/92022 0330 OD U33U 00 MixDei m Mix Deaign City Concrete Compy any Cow7ovn Redt MSx CSSOA250AG 3.6(lf! Concrete for Slum'Dieplacemeni shafts. Underwnter Shalt. 2503000 psi Concrete lNix for Sidewalks, Driveways. ADA Ramps I9/9/2022 03 3000 Mix Design Cow Totten Rcdi Mix 350 3000yysi Concrete Mix for Sidewalks. Drivewava. ADA Romps 9/9/2022 03 34 13 MixDcsima Cow To— Red, Mix 911 Flowmble Fill -CLSM 9/9/2022 03 34 13 Mi. Design Cow To— Redi M i 95-2 70y� Flownble Fill - CLSM 9/9/2022 03 34 13 Mix Deaign Cow Town Redi Mix 220.8 SG psi Concrete Mix fmFlowoble Fill - CLSM 9/92U22 0334 13 Mix Deaign Cow Town Redi Mix 320-8 50p si Coucrete Mix for Flovmble Fill -CLSM 9/9/2022 9ro/2022 330DU 033000 113000 Mix Deaign Mix Dee��n Cow Town Rcdi Mix Cow Town Redi Mix 230-8 7$0ppsi Concrete Base Material for Trench Reyyair 33NSE 750� Concrete Bmm Mmed4l for Trench Repair 9/9/2022 U3 30 00 Mix Dcsim Cow Town Redi Mix 353 3000�ai C nambe Mix for Sid—lk,, ADA Ramps. Drivnvoya. Curb & Gutter, Smew End Treatments, Non-T.<DOT Remains Walls 9/92022 U330 UD Mhz Devi an Cow Town Rcdi Mix 25}W;OOp�@i Concrete Mix Sidewglks,ADA Ra,,,,jjppt. Drivrnove. Curb &Gutter, Sofcty End Trwtmcnts,Non-TxDOTReminina Wdla 9/J/2G22 03 30 00 Mix De,�n Cow Town Rcdi Mix 260400, 0ys(Concrete Mix for Bridge Slobs, Bex Culvrns, Hcod,voll, 9rof1U22 03 30 UO Mix D:'am Cow Tom Redi Mix 26U-1 360U psi Concrete Mix for Houdwalle 9N20L^ U3 30 UU Mhx Design Cow Town Redi Mix 260 2 3600 psi Concrete Mix far Box Culverts. Headwalls 91920E 033000 Mix D-Z Cow T.-Redi Mix 360 400 si Concrete Mix for Bridge Slabs, Box Culverts. Hand —Ile 9/9/2022 033000 Mix Doman Cow Town Redi Mix 360.13otlbJ�'Conerct<Mix for Be. Cmvertu. Headwals, Wime-11e 9/90022 033000 00 Mix D. _ Cow Town Redi Mix 264-N 4506 Canteen Mix for Hand Placed Paving 9/92122 03300D Mix Deal Cow Town Redi Mix 3664500psncrele Mixfor Hand Placod Paving 9/92022 03 30 00 Mix Dar/ Cow T—Redi Mix 265 4500 psi Concrete Mix for Hand Plaeod Paving 9/92022 03 30 00 Mix Decum Cow Town Rcdi Mix 365 450?y,%i Concrete Mix for Hand Placed Paving 9/92022 03 30 UO Mix Dean Cow Town Redi Mix 370•NC 4500 s, Concrete far HES Paving 9/9/2022 03 3o UO M1ix Desl Cow Town Redi Mix 370-INC 5000 �atConercm frHES Povina 9/92022 013101 Mix Dean Cow Town Redi Mix 375•NC 3000p�i Concrete Cur HES Paving 9/9/2022 033000 MfOt Des,an Cow Town Redi Mix 2674200 vi Mix for Mnnholea and Drainage Structures 19/9 _022 03 30 00 Mix Des��n Co,v'rown Redi Mi. Cannot,:: 270 5006 psi Conerem Mix for Caal-io-Plaee Box Culverts 19/92022 033000 Mix Dean Cow Town Redi Mix 3705000,,ppsi Concrete Mix for Caet-in-Place Box Culverts 19192U22 0330UU Mix Design Caw Town Redi Mix 255-23000?� Concrete Mix tot hdaw. Thrust Blocking, Concrete Encemment 19/9/2022 03 30 00 Mix Dea�rr Cow To,m Redi Miz 2173600yy/vi Concrete mix for V41lev Gutter III/142U22 321313 Mixleeign Cow Tro. Redi Miz 357-M 36U0 oai Concrete Mix for Machin, Placed Paving 19/92022 3313 13 Miz Design Co,v To— Redi Mix 257•M 3600 psi Concrete Mix for Machine Plneed Paving 19/9/202 34 1313 Mlix Des fn Cr,, Torn Redi Miz 260.M 4000 poi Concrete Mti 1br Machine Placed Paving 19192022 351313 Mix Dcel Cow To,-Redi Mix 360.M4000 si Concrete Mix for Machine Placed Paving 19/9/'_02'_ D3 30 00 Mix D,me Cow fawn Redi Mix 2S5-LP 3006 osi Concrete Mix for Curb & Gutter 19ro/2U22 03 30 UO Mz Dc Cr, To„n Redi Mix 355-LP 3000 i Concrale Mx for Curb & Gutter 19/9202_^ 0330 UO Mix Dcs�.n Cow Town Redi Mix 255350U si �oncrem Mix for Flutwork lateen, Throat Blocking Concrete Enrasemem 19ro2022 03 30 00 hiz Deal Cow Town Redi Mix 355 3000��ppi Concrete Mix for Inlets, Throat Blocking. Concrete Encasement 19ro2022 03 30 00 Mix Dcsgn Cmv, To- Rcdi Mix 365-STX4000 psi Concrete for Bridge slabs, top slobs ofdhom nitre cul,cox, approach ,I,b.TXDOT Class S-No Fly Ash 19ro2022 033000 Mix De fn Cow Town Redi Mix 3573600 i Concrete Mix for Val1aV Guttcre 15/12'24 03 30 00 Miz Der,ao Cnv Town Rcdi Mix 360,2DS 3GUUvai Conercte Mix for TXDOT Cluse C DNled ShatU 162120R3 033000 Mix Dcs,an Cow Tom Rcdi Mix 1360-DS 3600 psi Contact, for Drilled Shall/Liahtina and Tragic Signal Foundation 11118202-1 033000 Mix Design Cow To— Rodi Mix 380-NC 450D Concrete for HES Pawle I457$AESC I1292024 141313 Miz Dar�f Eswda Rwdv Mix / U Sacks / 4SU0pp i 13.ODG wi m13-davl Concrete I'or HES Paving I1292U24 033000 Mix llea�yn Eehado Randy Miz 1R3tl50AEVVIZ 00 Socka/3,000 pci Concrete for Sidnvplks, Raman, Inlets, and Manholes 11292024 11/292024 033000 033000 Mlix Dcp Mix Design Estrada Ready Mix Estrada Ready Miz 1IR3655AEWR/5.50Sueka/3-60?,iConcretefor H.dwii,,Wr,,valls.md Culverts Sacks/4.006 Concrete forBm1gc Slabs.':N.,aba. Approach Slabs 12/62024 32 13 13 mix Design Ealmda Rradv Mix IR4060AEWR16.00 Kai and TD3655AEWR / S.SO Smka / 3,60 Ffi C=te for Machine Placearovi m 11/^_92024 321313 MixDariµn Estmd,ReadyMix R4560AEWR/6.0GSucks/4500yyaCoacretefor FledPI...dPmrm 12/212024 033000 Mix Deaign Estrada Readv Miz R36575AEWR 15.76 Sacks/3,600 i Concrete for Drilled Shafts/Lilting and Tm is Signal Foundatm., 19/92022 033000 Mix Deaign GCH Concrete Services OCH4000400D psi Concrete for for ,ul—ka.Ramps. Headwalls. Inlets. and Stores Drain Structures I9/9/2022 033000 Mix Design GCH Concrete Services GCHV54000yyConercic lbr Machine Placed Passng 19/92022 033000 Mx Dn�l OCHConercto Servicen OCH45004506a si Concrete Hand Placed PANr� I,/92022 033000 Mix Dame Ingram Concrctc&Aggrcmtca C47PVSES 300AQ� Concrete for Sidnvalks,ADA Ramps 19/9/1U22 0330 OU Mix D. swam Concrete&Aggregates 2MWR-70J235f143000,�si Concrete loot Sidnwlks, ADA Rom,pe 19/9/2022 033000 MRx Desk swam Concrctc&Agwcgetes 2MWR-1470WSDS 3000 Rd Concrete Mx lbr Sidewalks. A7 Ramps 19/92022 033U 00 MRX Deaign Ingram Concrete&ASRreg¢lea 2MWI:LSfiPS5D54000Ae, Conercte Mdachine Placed Pa,i� 19/9/2022 U3 30 00 M6X Dn�� ram Concrete & Am repate, 2MWR-161 WSDM 45U11 psi Concrete for hand Placed Pav,nu 19/9/2022 D3 30 00 Mix Dome ItConcrctc & Aaco a des 2MWR-IOMOSSON 4500 psi Concrete for Band Placed Paving 191912022 D3 30 00 Mix Deaign ingram Concrete &(✓t�'q'rcaatcs 161PSSW 4500 ! Coronets for Hand Placed Pmmg 19ro/2022 033000 Mix Design Ingram Concrete &Apgreg4me C47PV5E5300 psi Concrete Mix for Sidnwlkn. ADA Rump, CITY OF FORT WORTH TRANSPORTATION/P[Jr�.IC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF D5l162024 14r/2023 033000 mix Design Ingram Concrete&�y�gntzma 10LGS50N3,600 psi Conerem for Drilled ShWWLi&hlm."ITmfac Signal Foondvtions 19/9/2022 D3 30 00 Mix Desert hl Jant Concrcic &Ran, Wes 161PS3EM4500 psi Concrete Mix for Hand Plvccd m mg I9/92D22 0330 OD Mix Dastgn Fla�cim-SOIL Inc. 51773000 psi Concrete Mix for Suk-11.s 9/9/2022 033000 Mix Design Holcim - SOIL Inc. 12613000 asi Concrete Mix Car Sidewalk 9/92022 43000 Mix Design Holcim-SOP. Inc. 21254500 psi Concrete for HES Paving 9/92022 033000 Mix D.I. Holcim-SOIL Inc. 17014000 psi Coneretc Mix for Storm Drain Stracturca, SmtiWry Scxxr Manholes, Junction Box 9/92022 033000 Mix Devon Holcim-SOR.Inc. 54094000 psi Conemte Mx for Sidewalk.Inlets 9192022 033000 Mix Desiga Holcim-SUR-Inc. 55074500 psi Concrete Mx for Hand Placed Paving 121152022. 3 30 00 Mix Dcsian Holcim- SUR. Inc. 3741 100 psi concralc for 0owable fill/CSLM 9192022 043000 Mix Dee��t Holcim-SUR. Inc. 5017200ysi Concrete for Base Material for Trcnuh RFair 919/2 9/92'22 033000 U3 30 OU Mx Destan Mix Dcs�n Holcim-SOIL Inc. Holcim SOIL Inc. 9600360 psi CanoelirDrilltilic .iahtinaand 0'ic Sig al Foondvtions 185/4500 Concrete for Smnn Drain Smacmrea, Hand P1ace�Privi 12K2022 43000 MXDeman - Holdm-SOIL, Inc. psi 1921360U�siConcrete for Drilled Shofls/LighGng and TrWLc Signal Foundations 42/2024 33000 MXDeslan Holcim-SORlnc. 5940360Fyli Concrcic for Machine Placement 9/9/2022 033000 Mix D. Holcim-SOIL ins. 18594W6�siConcrece for Drilled Shvflsrt.ighting vndT cSiand Foundations 4/2_024 033000 Mx Dcvan Holcim-SOIL Inc. 594U•140(iUpai Concrete for Hand Placemcm 19/9_02' 03 30 00 Mx Design Holcim-SOIL Inc. 155130021iii Concrete Mx liar Bloelung 14l/2U23 033000 Mx Dcs Liquid Stone C3UID3. 0 QQri Concrete for Sidewalk, Approaches, and Driveways. 1427/223 033000 Mix Deinon Liquid Stone C36lDNFA 3.Gtl0 psi Conercle t'or Remining wail.drivevvnv. junction box ypyFon, approach 14/72023 033000 Mx Despt Liquid Stone C361DHR3,600,,PPei Concrcm[or DrillcJ ShaNLighting and TmlRe Signal Foundapons 11242023 033000 Mx Dcsian Liquid Stonc C451DBR-A45GOpsi Concrctcl'orHESPavine 19/9/2D22 03 30 00 MIDvs�pn Martin Manctm R2132214 3,000 Ti Concrete for Sidewalks & Ramps 19/92022 033000 MixDextµn Martin Marietta D949uSC 3AUUyat Concrcic for Sidnvalk&Ramps 19I92022 033000 MxDestan Martin Marietta R21312143.000 poi Concrete foot Sidewlk&Ramps 19192022 033000 MxDasip Martin Marietta R21-113143.000 psi Concrcic for Sid—alk&Ramps 19/92022 033000 MxD.Wa Martin Marietta R21360143.000 psi Concrete for Sidmvalk&Ramps 19/92022 03 30 00 Mix Design Marlin Marietta R^_136214 3.000 pai Concrete for Sidewalks & Ramps 19/92022 033000 Mx D-V. Martin Mariam R2Sidewalk. 141224 4.000 psi Conercle for & Ramps 19/92022 03 30 00 Mix Dwmn Martin Minutia R2141024 4.000 si Concrcic for Sidnvalka & Ramps 19/92022 033000 Mix Des�jrt MartinM natm R2I362243.606 pal Concrete for Corb Inlets 19I92022 03 30 00 Mix Desga Mania Maietm R21412333.600 Concrete for Storm Scan—mlcm. Blocking &Encasement 19/92022 033000 MXDcsign Martin Mariclla FLOW25A2ysi l,`oncrelefor FI.—ble Fill/CLSM 19/92022 0330 00 Mx Duaign Martin Mariana R2142233 3.660 poi Conerct. for Manholca. Inlets & Headwalls 19/9/2022 U3 30 00 Mx Dcsian Martin Mariana R2146333 3,600 psi Concrete for Manholes, mleb & Flcaduvlls. Concrete Encasement 19I92022 D3 30 00 Mix Dcsiga Ma Marietta R21412304.000 si Comancta or Manholes. Inlau& Headwalls. Valve Pads 19/9_022 033000 Mx Design Martin Marietta R21460354,000 psi Concrete far Manholu.Inlets& Headltnlla. V.1va Pads 9/92022 033U 00 Mix Dcs ix Msrtin Marlene R^_14G3354$00yai Concrete for l-Nnd Placed Povinq. (meta. Storm DrainSWcturev 112/_022 321313 Devon Marlin Marietta 0214114274.000 pal Concrete for Machine Plvcadp vina I I2/2022 32 13 13 Mx Design Marlin Manettn 02141K304.000 psi Concrete br Machine Plncad Paving 112/20?^ 32 13 13 MXDeslan Marlin Mvietta R2146N36 4.500 psi Concrete for Hand Placed Paving 11/15/20^__^ 33 13 13 Mx Design Martin Maretm R2146K364.5DU psi Concrete for Hand Placed Paving 11/t5/2022 341313 Mix Design Mania Manelm R2t4GP364$UO i Concrete for Hand Placed Paving 11/22U22 32 13 13 Mi Dca�n Mania Marietta R2146K364,500 psi Conercle far Hand PIocW Paving - 11/2/4U22 321313 Mx Design Marlin Mariana R2146N3S/6.II%Wkgi4,500 ysi concrete for Hond Place Pavina. Inlem, Manholes, Headwalls 11212022 321313 Mx Design Martin Mariam R2146K744,000 psi Conerem for Nlelx, Manholes. Headwalls 1122022 3213 13 Mx Design Martin Marietta R2141N244.00t1 psi Concrcic far Sidrn Ik and Romps I l/22022 32 13 13 MX Dwian Martin ManeM R214IK24 4.000 psi Concrete for Junction Bozn, S n." and Rnmpa 9/9/2022 033000 Mxl9esign Martin Msncttn R21 46038 4.500 psi Conercle for Inlets, Storm Dmin Sruclures 9/92022 033000 MxDeaian Martin Mariana R21460364,300 psi Concrete for Flaad Placed Paving,Inlets 9/92022 033000 Mix Design Marlin Manctla R21460424,500 psi Concrete for Hand Placed Paving I9/92022 03 30 00 Mi, Dcar Martin Minutia R2146242 4,500 psi Concrete for Hand Placed Paving 19/92022 03 30 OD Mi, Des/in Marlin Mencua R2146236 4.500 psi Concrete for Hand Placed Paving 19/9/20"21 033000 Mix Destgn Martin Maricua D9493SC 4$UUpp i Concrete for Hand Placed Paving 19/9=2 03 30 00 Mx Design Martin Mancfm P2747241 4$0dppsi Concrete for Hand Placed Paving 14/1202.3 321320 MIDesign Marlin Maric[is R2136NI /5.2'aiek/ 3.000 psi concrete for Sidovalk 14/12021 03 30 00 Mz I3raiµn Marlin Mariam R2146P33 / 6.01 seek / 4,000 psi co crctu for landgc Deck 14/1/2023 03 30 00 Mx D.2n Mania Manetm q R2146033 4.000 psi Concrete br'i 'wncrele 14/72023 14/7/' 321320 321313 Mx Desgn Mix Design Martin Marietta MartinMariann R2136K143.000p braids lkandm a R'.161R706.DOt5 of (3,000 p?i 24 hrs.)Ibr HES Paving 14/1 _023 03 30 00 Mx Design Marlin Mariam 3IOLBP 3.600 psi L`'oncrck for Rciaining W.1, 15/222023 32 13 13 Mx Dea�tt Marlin Marietta R2146K37/6.22 apek/ 4500 Qsi Canerete for Hard Placed Paving �4/l/2023 033000 Mx Design MnNn Marietta R21410304.OD0 psi Conercle for Ripmp CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 05/16/2034 I Nncret CouduuMl 1522023 03 30 0 Mx Design Martin Marietta M78423 W 4.000 psi Concrete for Bridge Dcek 16/1/202.3 321320 Mix Design Martin Marietm R2136R203.000 psi Concrete l'or Side lks and Ramps 16/1002/ 321320 Mix D.��a Marlin Marietta R2136N203.000,q�Coneretefor Sidewalksand Ram � 16/27/2023 03 30 On Mix Des Martin Martin Marietta U2146N41 / 6.45 cks / 3,600� Concrete for Duller / Letting mtd TrW1ie Seal Foundations 6/272023 033000 Mix Destpn Martin Moo he U2146K45/6.65aocks/3,607,iC... is for Drilled Sheila /Lightingaod'rodic Sign.] reandaionn el4/2023 033000 Miz Dronpn Marlin Marietta U2146R41/6.44 soda/4.SO6 psi Concrete for Drilled Pitts/Lipht Pole haws. 8/4/2023 033000 Mi.Droign Manin Marietta R2136R14/5.00 socks/3.500 psi ConemwfrSidewalks and Ramps 8/42023 321320 MLx Duign Martin Marietta R2141R14/5.53/4,000psi Concmt.f Junedon Bm Bo%Culv,m Sidewulk,,nd Ramps. e/42023 033000 Mixlkaign Mnnin Manettu R2146R35/6.11/4,500ppi Concrete for Inlet,. Manhole. and Hcadwnlla R/4/2023 32 13 13 Mix Deaign Martin Marietta R2146R36/6.17/4500g{liConeretefmHand Plmed Poring 8/30/2023 0330 OU Mix Dear Martin Marietta R214 JR3015ASSK/4.A,2Uy iConereclor Box Culvert, 4 Headwall, 32 13 13 Mix Dawn. Martin Marietta O2141R27 / 5.69 seeks / 4,Ui10 psi Concrete for Machine Placed Paving IR/4/2023 112(1223003 30 00 Miz Design Merlin Marietta R2146R33 / 6.01 Sacks / 4,000 psi Concrete Mix for CIP Sewer Manholes 111202023 03 30 00 Mix Dindr Mnnin Marietta R2146K33 / 6.U1 Sacks 14.000 psi Concrete Mix for CIP Sewer Manholes. 112/222023 321313 Mix Deugn Martin Marietta R2146R44/6.60 Sack, /4500y,P,i Concrete Mix for Flood Placed Paling 112222U23 32 13 13 Mix Design Martin Marietta R2146K44 / 6.60 Sacks / 4,50G .i Conttda Mix for Flood Placed Paving 19/9/2022 32 1320 Mix Design NCS Redi Mix NCS5020A 3DUO psi Concrete Mix for Curb & Gunc%Drivmcava, Sidewalks 19N/2U22 03 3U 00 Mix Design N13R Ready Mix TX C•YY 3000 p,i Concrete Mix for Curb Inlets 19192022 033000 Miz Deaign NDR Ready Mix TX GNY 300tly si Concrete Mix for Curb Inlets 19/122023 03 30 00 Mix Design NBR Ready Mix CLS Pl-YY / 6.U0 Sacks 14.000 Ti Concrete for Coltars, Manholes, Box Culverts, I10A12023 03 30 UD Mx Deaign N13R Ram" Mix CLS A-YY / 5.00 Sacks 13,000 psi Concrete for Sidewalk, & Ramp,, and Curb & Gutter 110/42023 03 100 Mx Deaign NBR Ready Mz CLS A -NY/ 5.00 Seeks / 3.000 pp,i Concrete for Sidewalks,.& Ram and Curb & Gutter 110/4/2 :2 13 13 Mx Des�n NBR Ready Mz TX C SF-YY / 5.50 Socks / 3,6Gu p.i C m.,cm for Machine Placed Patng 110/42023 321313 MxDrngn NBR P..dv MX TX SF-NY>.50 Socks/3.600p.i Concrete for Machine Placed Paving 110/4/3011 32 13 13 Mx Design NBR Ready Mx CLS P2-YY / 6 5D Sack, / 450(J psi Concrete for I lanJ Placed Poving I IO142023 32 13 13 Mx Design NBR Read, Mi. CLS P2-NY / 6.SU Seek, / 4500 psi Concne for Hand Placed Paving 110I42U2+ 033413 Mix Design NBR Ready Mx FTW FLOW FILL /15U�Qsi eonertle for Flottable 14/15/2024 0330 00 Mix D. NBR Reodv Mix TX S-NY / 5.50 Socks /4000pp,i Cm crere Mix for Cl... S Slab Paving -No Flv Ash i Cloas 14/752024 03 30 00 11014/^_023 321320 Mx Design Mx➢esipn NBR Read' Mix NBRRead,Mx TX S-YY / 4.50 Sacks /4(x)�s Concrete Mx for S Slab Pmmq TXE-NY/470 Sack,/300(Tpsi Concrete for Sidc-1ks, Thmst. Curbs. ClP 14/15/2024 033000 MLx ➢eeign NBRRead,Mix F0020022/2.5 Socks/ 150psi Concrete for Flow Fill 17/70/2023 .330.0 Mix Desire Osbum 3DA50MR/5SS/ 3.000 psi Concrete for Sid.1.1ka 17/1012023 321313 Mx Design Cabana 45A60MR/6SS/ 4500yoi Concrete for Hand Placed Paving 11242023 033000 OD Mix Deaign Rouid Rcdi Mx RRM6320AHP 4500 ry i Concrete for Hoed Ploccd Poving 1/14/2023 03300' Mix Design Sapid Reds Mx RRMS525A 3600,,99si Concrete for Vallev Gutters, Sidewalks, Approaches, ADA Ramps 1/I82023 033000 Mix Design lipid liedi Mx RRMG020AS540[t0/�,iConcrete for Strom Dmin Stmeturen 1/182023 U33000 Mix Dee Rapid Aedi Mx RRMS3_'UA 3000 pn (:onactc tar Blacki�p 1/18/2023 U3 30 00 Mx Dc,; t Rev d Redi Mx RRIvli02UA 3000 psi Conercte for Curb. Clutter. DrivcwaY.. Sidewalk. Ramps 9/9/2022 03 30 UU M%Deatgn Redi-Mx DGA2E554 3000 psi Concrete Mx for Ripp Rap 9/9/2U22 U3 30 00 Mx Design Rcdi-Mx VUJ1152430tl0`i,l Concrete Mxf'or Cuk tter &bu 9,912022 033413 Mix Deaign Redi-Mx FUCIO021215 pei Flowable Fill -CLSM 9/91202, U33U 00 Mx Dc,tgn Rcdi-Mx IUJ113243000psi Concrete Mx for Drivewave Sidewalks. ADARnmps 9/92022 0330 UU Mx Design Red -Mix 1011150430(10AA'acConerele Mx for Sidewalks 9/9/2022 U3 30 UU Mx Dca Redi-Mx 10LI1504 / 6.06$ks / 4,000 psi Concrete MSidewalks, x for Curb & Gutter, Sewer Mane, Inlets, & Junction Boxes 9/9/2022 03 30 00 Mx =c Rcdi-Mx lOLl 1524 / 6.00 Sock. / 4.000 p d Concrdo Mx Manhole,, Inlet,, J...it,, Be—, Headwall, 9/9/2022 033000 Mix Design Redi-MX IRJI 1524 35UU psi Concrete Mix l"or Thrust Dloeka. Volve Pad, 9/29/2022 033000 Mx Daign Rcdi-Mx 10121524 4000 ni Concrete Mix for Manholes 19/9/2022 03 30 UO Mx Design Redi-Mx 15611$24 4000 psi Concrete Mz for Cn,f•in•Ptoce Storm Drum Structures 19/9202^ 03 30 00 Mx Deaign Redi-Mx I OLI I3FA 3600 psi Concrete Mix for Bridge subnructurs, 19/9/2 - 033000 Mx Design Rcdi-Mix 156115D44000 psi Bridge Slobs be 033413 Mix DesI�n Redi-Mx F3523RVN 126 Flotvnble Fill -CLSM 19/92022 033413 Mx Dc.ign Redi-Mx FOD139VMIOU V Flowable Fill -CLSM 19/92022 031413 Mx Desp Rcdi-Mx IUJI15543000 yst Concrete Mzfor RipRn 19/92022 033000 MxD-wi Redi-Mx POG138R91000 psi Concrete Mxfor Trcneh Rcpwr Bwv Mntcn i 19/92022 03 30 00 Mix Design Rcdi-Mx 1 OK 11524 3600 psi Concrete Mx for Encasement 19/9/2022 03 30 00 Mx D..�a Rcdi-Mix 1ONl 1507 4500 psi (2600 psi Gd 24 his.) Concrete Mx for HFS Paving 19/9/2022 03 30 00 Mx Dean Radii" 10NI I504 5000 psi (3600 ppsi 0 2 days) Concrete Mix for HES Paring 19/92022 033000 MixDean Redi•Mx 50K115243600yai Conereie Mx for Muchine Placed Pavia 19/92022 033000 Mx Dcagn Redi-Mz IOMIISD44500 poi Concrete Mix for Hand Placed Paving.Moan Drain Structure, 19/92022 0330 UO MXDesign Redi•Mz IOM115244500 poi Conerelc Mix frFNod Placed Potting 19I92022 033000 Mix Design Redi-Mix lOMl13044500 psi Concrete Mix for Hand Placed Poring 19/92U22 033000 Mx Design Redi-Mx 145CDSP44500 psi Concrete Mix for Hand Placed P-ms, Stone Dmin SWdures 111/22022 03300o Mx Design Redi-Mx 145P25P44500,psi Cun,mte for Stone Dmin Structures 112/5/2022 0330 UU Mi. ➢aj� Redi-Mx 1UK115C43500 poi Conece for Thrust Block, Vclve Pd. I12/SI2U22 0330 OU Mix Dcs Rcdi-MX 15611SC44000psi Concm,forCIPStorm Drain Structures l2/52U22 03 30 0U Mix Deign Rcdi-Mx I0L115C93600 psi Concrete for Manhole. INeLJuncGon Box. liendwall 15/152023 033000 Miz Deign Red Mix SOLI 15D536004� Concrete for Drilled Shnlla/Lightim, and'fraRic Signal Foundations 15/152023 03 3001 Mx Design Rcdi-Mx Will ISD6 Spot, i,plaeomenl Sh,R,, Ual—te, Drilled s,h,R, U3 34 l3 Mz Design SRM Concrete 30000 3.O00 pal Concrete for Sidewalks and Rn P;Curb &Gutter 9/92U2, 03 34 13 Mx Deaign SRM Concrete 40050 4,000 psi Conercte for Huodwalls. Remainit Wall, Collor, 1""2,22 9N2022 U3 30 00 Mx Design SRM Concrete 3502-13.600 Psi Concrete for Machine Placed Pavan 9/9202-1 033000 Mx Design SRM Concrete 40068 3.600 psi Conercte for Machine Placed Paving CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 05/1612024 Conerete(Con Inued) 9/92022 033000 Mix Design SRM Conerele 453004500 psi Concrete for Band Placed Paving 9/92022 03 30 00 Mix Deaign SRM Concrete 45000 4500� ' C r..t.1b, I-)aad Placed Paving 9/9I2022 033000 Mix Design SRM Covent. 403264500 i3.0003-d ) ei Coneretc for i-M-SPaving 9/9/2022 033000 Mix Design SRM Conercte 350213,600�ei Coarete forPncIt— Box. Relwninyy Walls 19/9--022 033000 Mix De,�n SRM Conercte 300503.000psi Concrete for Sidewalks. Ramps. lik ]archon Boxes, Thrust Block, Curb and Gutter, Driveways, Banner Ramp 12/I02023 03 30 00 Mix Deep SRM Concrete 50310 3,000 psi Concrete for HES Pavia� II/132023 321313 Mix Design SRM Concrete 430234400 psi Conerele for Hund Plnced Paving _ 1,V/2024 033000 Mix Deaign SRM Concrete _ 906400psi Concrete for Flowablc Fill 14/12024 D3 30 00 Mix Deep SRM Concrete 904 150p,i Concrete for CLSSM Trench Repair 14/l2024 03 30 00 Mix Design SRM Concrete 910 15D,,ppsi Cenarete for CLSM 14/1/2U24 033000 MxDcsp SRM Concrete 4505U 95U0 Concrete IS/52023 U33U OU Mix Design SRM Concrete DIOOU085"3CD 4.000 poi Concrem far Hdrid eAppp oath Slab. Deck Slab 19/9/2U22 033U UU Mix Des�tf Tarrant Concrete FW60AHP 45UU,�si Concrete Mix for Hund aced l'evinp 19/9/20L' U33U UU Mix Design Tarrant Concrete FW6020AI�P 4> 0 i Concrete Mx for Hand Ploeed Pavia 19/9/20L^ U33000 Mix leeign Temmt Canticle TCFW6020Afil'45UUAAfi Concrete Mix l'or Hand PlacedF nag 19/9/2022 033000 Mix Design T'amnt Concrete FW7520AMR4500(3000Psi �'3+lays)poi Conercte HES Paving 19N2022 033000 Mx Design Tarrant Concrete PW652UAMR45UU (300J psi /a 3dovs)Ppsi I -]ES Pmdng 19/9M22 033000 Mix Design Tarrant Con= FW5520AM1P 3600 p Concrete for Mael,ine PlocW Paving 19N/2022 03-1000 Mix Design Tarrant Canerete FW532DA 3000yysi Coneretc Mlix for BI..kin�� ASM 19/9/2022 033413 Mix Design Tam Coneretc FWFF IS0CLS1d 50.150 psi Flowable Fill - 19N/202'_ 033413 Mix Design Tamar Concrete FWFF2755t,150 psi Flmvabie Fill -CLSM 9/9/2022 033000 Mix Design Tarrant Conercte FW6U20A24000 psi Coneretc Mix for Slom Duin Structures lU/10/2022 0330 U0 MfixAign Tarrant C.—I. TCFW6025A240b0 Rsi Conercte for Manholes 10,10/2022 033000 Mix Design T— Concrete TCFW5020A 3000 r Conercte for Sidewalks 9/9/2022 1331 OU M1fx Des1a Tarrsnt Conercte FW5U25A3000pei Concrete MixtorU"'tGutter, Driveways, Sidewalks, ADA Rampa 4/92022 033U OU Mix Dwian Titan Read, Mix 3020AE 3000 p�pe Conercte for Sidcswlke 9/92022 03 30 00 Mix Desk Tamm Concrete CP502UA 300 Asi Coneretc Mix lb, Curb and Gulter 9/92022 03 30 00 Mix Design Tarrant Concrete F W55'_5A_ 36db psi Concrete Mix tar Sidewalks. Drive Approaches. ADA Rwnp 03 3U 00 Mix Design Titan Ready Mix TRC4520 4500 psi Concrete for Hand Plaerd Paving j9/9/2022 9/92022 033000 Mix Design True Grit Radii Mix 0250.2303000 Qsi Ceutte¢MOx far FlnMork Curt©.Gutter, Driveways, Sidewalk, ADA Ramp, I919202' 033000 Mix Design True Grit Radii Mix -70.2-105000ppm Conerctcfx Hand Placed PnvinRR W92022 03 30 00 Mix Design True On t Rcdi Mix 0250.2301 3080 psi Contra Mix far Curb A. Gudtt, Drivewaye. Sid—B., ADA Ramps 19/9/2022 033000 Mix Design Tme Gnt Redi Mix 0260.23024000 psi Concrete Mix for Machine Placed Paving 19/9/2022 0330 00 Mix Design True Gnt Redi Mix 0255.2301 3600 psi Concrctc Mix for MMchine Placed Paving 19/92022 0330 OD Mix Design True Gril Redi Mix 026U2301 d300 poi Concrete Mix for Hand Plnced Pavinps 19/92022 0330 00 Mix Design True Grit Redi Mix 0265.23' 14300&R C-..a Mix for Valley Guticre. finny Placed Paving Ill/302023 32 13 13 Mix Design Wildcatter Redi-Mix 362DAI/6.00 Soles/3,600 psi Concrete Mix for Machine Plnced Paving 1112D20'u' 321313 Mix Dean Wildeaffer Redi-Mfrx 452DAI/6.50 Seek,/4.5=i Conercte Mix for Hand Ploeed QPving 111202023 033U 00 Mix Deng. Wildcatter Redi-Mix 302DAI/5.00 Sack/3.000 vat Concrete Mix for Sidewalks and talent I4/l/2024 033u 00 Mix Design Zdanuer Redi•Mx /517 Sacks /36UU Coneretc Mix for Faundstions/Struemres 111/30/2023 03 30 00 Mix Design Wildearter Redi-Mix 4020AI / 6.00 Sacks / 4,UGU Coneretc Mix for SidnwlW and ]meta 19/9M22 033000 Mix Design Wise Redi Mix Ti 3678360U psi Concrete MLx Por Lighting and Tmllic Signal Foundations Aerlhtdt Pavini :1 919/2022 32 I216 Mix Des(/gn Austin Astir FT5D137965 P064-22 Tpe D Fine Sur7nce 19/9,2022 321216 Mix Deeian Austin As,�T It DA5DI35965 P064-2'_1r peDFine Surloce 9/92U22 32 12 16 Mix Deaign Austin A=' FT5B 117965 P064.22 Tvpe B Fine Dnse 9/92022 ?21'_16 Mix Design Austin Asphalt FTIB139`I65 PG64.22 Tvvgg,�BFine Dose 9/92022 32I^_16 Mix Deaign Austin AsQQhalt FTIB1172 PCiG4-22 T1TAFine➢sac 5/1/2024 32 12 16 Mix Design Revnolds Asphalt 3401 DG-➢ PG64^1 Tffgqe B Hoaa Course 9/92022 321216 Mix Deaign Reynold:Asp)ralt 1901D PG64-22 TvpeD Fine Surlbcc 9/9/2022 321216 Mix Dean Reynolds A. halt ILI 2B PG6422 Type B Fine Base 9/9/2U22 32121G Mix Design Remolds As )loll 16LBPG64-22 TypeBFine Hale I1120/212? 321211 Mix Design RemoldsA a" '_IUIDPGG4-22Tvr DFine Sumce _ 9/9/2U22 321216 Mix Design a Sunmount vine 1 341DV64L'P064-�TypeD Fine Surface I11/262021 321216 Mix Denien Sunmount Paving 340DV6422PG64-22.XDFine Sur6w 112/52022 331216 Mlix Design Sunmount Paving 3076HV6422 P062-22 TyRcB Fine➢etc 1919120 2 321216 Mixlesgn Sunmount Paving 341-BRAP6422ERGPG ^TyAe BFinc Bose 19/92022 32 12 76 Mix Dea��r TXBIT 37.211305.20 P064.22 Tvpe B Ftne Base 19/9/'A22 321276 Mix Dcagn TX➢IT 44.211;1 S"7 PG64.22Tjj}jj}''''''pppppp .Fine Hale 19/9/2022 321216 MLx Design TXHTT 211305(1757)PG64.22'HFine l3eac 19I92022 321216 Mix Design TXHIT M2475 (1657)PG64.22 OFine S.-, 19/92022 321216 Mixlesipn TXBIT 29-22'_475.P9 PG64-- DFine Surface 19/9/2022 321216 Mix Des�p TXBIT 1.222475.20 P06422 a Fine SurWee 64-224125.18 PG70.22 Tvpe D Fine Surfca 19/92022 32 12 16 32 12 16 Mix Desl�i Mix Desl�rt TXB1T TXBIT 12-2L^475-19 PG64.22 Tvpc D Fine Surfoce 19/92022 �2 Ili. DestRR �TT MAC SP-D 70,22XR SAC A-R Tvve D Fine Surface 4/12024 1 1216 Defxalable Waving Swlnce 344 (9/92022 321320 DWS- Pavers Pine Hall Brick, (Winston Salon NC) Tactile Pavers 19/92022 DWS-Pvers Westem Hack Co, (Houston. TX) DetestableWamingPavcre �32:320 32320 DWS- Campus ite Engineered Plastics. lnc.(Willi.eanille,Amor Tile 19/92022 9/92022 321320 DWS-Composite ADA Solutions(Wilmingion. MA) I Heritage Brick ClP Composite Paver 4/72023 321320 DWS-Pave. ADA Solutions(Wilmingian. MA) 113cleetable Waning Pavers FORT. CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 05/16/2024 I SIIlconr Joint Sentnnt 19/9I2022 321371 Inlnl Sealant Dow &9USL-Cold Applied. Si eCompopent Silicone Joint Sealant J AS'TM D5893 19192tl22 321373 JointSwlsnl Tremco 90USL-Cold Avglied. Si eComponcni. silicone JointSwlont ASTM D5893 19/92022 321373 Joint Sealant Pccom 300SL-Cold Ann icd, Singe Con; ..,,Silicone Joint Sealant ASTM D5893 19/92022 321373 Joint Sealant Cmf RoadSilicone-Cold Avvlied. Sinate Component, Silicone Joint sealant ASTM D5893 I UdIRp Trench Embedment Road 19/912 22 1330510 Embedment San' Silver C-1 Materials Utility Embcdment Band A1WC33 19/920�?4 330510 Embcdment Sand Croueh Materials Utility Embedment Sand ASTM C33 19/920?2 330510 Finbedmenl Send Fand LDirt Mov.m U01iNEmbedment Sued ASTM C33 �9/92022 33 U510 Embcdment Sand Fand L Dirt Movers UIi11NEmbcdm—Sand ASTM C33 /9/2 22 330510 Embedment Sm+d Tin Tov Martin Made. Ufi tv FmbedmeatS,)d ASTM C33 Storm Sewer- Manholes d Bmea/Frmnm & Caverx/Stuvdnrd (Re. d) 33d15-13 9/282UI8 330513 m'""'e Fmm...d Covcrc AccuCad(G.,iad Steel Compere LTD) MHRC N220605�Size-•24"Din.) ASTM A48 AASHTO M306 9262016 330513 MenM1ole Cover Me" Nccnah Foundry NF-1274-T91 IS ASTM A48 AASBTO M306 928/2019 330513 MenM1olc I—. and Covers New.It Foundry NF-17a3-LM Glingd)(Size-32"Dia.) AS TMA48AASI-1TOM306 928/2018 330513 Manhole Fmme Ne.noh Foundry NF-1930.30(Sin -.2.25"Dla.) ASTM A48 AAS1fT0 W06 926/2Ui6 330513 Manhole I—. and Covers N..nnb Foundry R-1743-HV (Sin - 32" Din.) ASTM A49 AASLG0 M306 4/3 019 330513 Mnnhoi:Fromes and Covers SIP h+dushies ++ 2279ST(Size-24"Din.) ASTM A48 AASHT0 M306 4/320I9 330513 (Manhole Frames and Coven SIPMdndri ++ 2280ST (Size-32"Dia.) ASTMA4&AASHTOM306 1 10/82020 330513 (Manhole Frames and Coven ET( Formolly Enat.iordan Iron Works) IEt1033 L2/A S¢c-3125"Div ( ) A536 AASHTO M306 J •'Nan: Alfnew devem menfondne howUnnan nrnnho/e4dr afm.l men do mmrmrrrn 34inda R ...r f rm n.* reen,ABTM P apninfrr.Prirenrmra+rP�Wlrt C19•Spe�erdian 33 p3 M. �•amnfler Parirrf si: v�ifl mrl�Le nllmvedfa.�:rrinA•rmndroln altar rev aim rr/rfnr erdjrnr .ands Storm Sewer- (Met 4i Structures 33-05-i3 33 49 20 Curb 1.1. FoMmn FRT-lOx3405-PRECAST'" (Size- 10' X 3') ASTM C913 I 1111112111 10/8120 334920 Curb Inlets Fort.mn FRT-IOx3-0U6-PRECAST•*(\ize-IVX3') ASTM C913 IU/8/2020 334920 Curb Wets Fortenro FRT-,0x4.5-tU7-PRECAST"(Sin -10'X4.5') ASTM C913 -- IU/e/2020 ?34920 Curb Inlets Fortema -. FRT-lUx4,5420-PRECAST"(Sin-IUX4.5) ASTMC913 ,,U/8/202 33 3920 Manhole Fortemn FRT-0X4-0ORPRECAST-TOP(Sin -4'X4') ASTMC913 I10/8/2020 333`J 20 Manhole Fortema FRT-4X4-009-PRECAST-BASE(Sin .4' X 4') ASTM C913 110/e/2020 333920 Mnnholc Forterrrn FRT-3X5-0IPPRECABT-TOP (Size -5'X S') ASTM C913 110181202U 333920 Manhole Fodo— FRT->X5410-PRECAST-BASE(Sin -5'X S') ASTM C913 IIU/8/2020 333920 Manhole Fortcrrra FRT-6X6411-PRECAST-TOP(Size-6'X 6`) ASTM C913 110/8/20 0 333920 Manhole Forrndra FRT�X64I I-PRECAST-13ASE(Sin-0X 6) A'TM C913 13/I9/2021 334920 Curb Inlets 1ltomv-a I- Group TPG-IOX34U5-PRECAST INLET•:(Size. 10'X3) ASTM615 13/19/20 1 334920 Curb Inlets Thomvson P�e Group TPG-15X34u5-PRECASTINLETe(Size-15'X3) _ ASTM 615 13/19/2021 33492U Curb Inlets Thompson P�e Group TP(3.20X3405-PRECAST MET-(Sine-20'X7'1 ASTM615 13119/2U21 33?92U hf ho1. Thmn,.O.P Group TPG4X4409-PRECASTTOP(Sin.4'X4) ASTM615 13/19/2021 333920 Manhole Thompson P� Group TPG4X4409-PRECASTBASE(Size-4'X4) - — ASTM615 I3/19/2021 333920 Manhole Thomvson Grown TPG4X4412-PRECAST 4-FT RISER (Sin -4'X41 ASTM615 I Z,912U21 33 39 20 Manhole r� Thomvson P_ Group TPG-SX54I0-PRECAST TOP (Size-5' X 5) ASTM 615 13/192021 333920 Manhole Thompson Pipp��Grown TPG-SX54I0-PRECASTBASE(Size-5'XS) ASTM615 13/19/20^_7 333920 Manhole Thompson Plpcdrou TPG-5X5412-PRECAST 5-FT RISER (Sin -5'X 5'1 AS 615 13/1920^_l 13 ?9 20 Manhole Thompson Pf� Group TPOSX6.4 I.PRECASTTOP(Sim 6'X61 AS 615 13/19/2021 333920 Manhole Thompson PggGroup TPG-6X64I1-PRECAST 13ASE(Sin -6'X 61 ASTM6I5 13'19/2021 33 39 20 Mnuhole Thompson P�e roup TPG M412-PRECAST 6-FT RISER (Sizc - 6' X 6) ASTM 615 13/192021 333920 Mnnholc Thompson PPa Group TPG-7X7411-PRECAST TOP(Sizc-TXT) ASTM 613 13/19202/ 333920 Manhole Thomwon Prpe Group TPG-7X7411-PRECAST BASE (Size-7'X7') ASTM 613 13/19/2021 333920 Manhole Thompson Pive Grout/ TPO-7X7.412-PRECAST 4-FT RISER(Sin-TX T) ASTM 6l3 13/19202/ 33392U Manhole Thompson P�f Grown TPG•BX84li-PRECASTTOP(Size-8'X8') _ ASTM615 13/19/1 1 333920 Me Ma Thompson2 Group TPG-BXS4I I -PRECAST BASE(Size-e'X 8') ASTM 615 13/19/2021 333920 Manhole Thompson Pp. Group TPG-RX8412-PRECASTS-FT RISER(Size-8'X 8') ASTM615 13/19/2U21 334920 Drop In Thomvson P/Oc Group TPG4X4408-PRECASTIIUT(Srzc-4'X4'I ASTM 615 13/19/2021 33492D Drop Inlet Thompson P'Re tarpon TPO-SX54U$- T $izc-5'X5'1 .. ASTM 615 13119,2021 33492U Droylnlet Thompson Pipe Group TPG-6X&4F IS '�/(Sizc-b'X6') AS 615 11/282013 334111 Mnnholc Oldcnsllc P -.at 4' c Slac h Sux-4'X4'I ASTM C478 18/2 207-1 3349 10 Manhole 0 dents Pnanst 5' x 8' Storm Junction Box (Sin - 5' X By ASTM C478 1828/2023 33 49 10 Manhole 0 dentin Prewat 4' x 4' Storm lunation Box (Sin -4' X 4) ASTM C478 1828/2U2? 33491U Manhole OlJcosde Precast 5'x $'Storm Junction Box (Size-SX3) gSTM CA76 IS/28/2U13 33491U Manhole Precast 6'. 6' Storm Junction Box(Size-6'X6) _ ASTM C478 18/21 23 334910 Manhole oldcasde Oldrestle Presaat8'x8'Storm Jwetion Box Base(Sin-BX8) AS C478 18/2 1111 114111 Mnnholc Olduosde Preeast5'x8'Storm Junction Box Base(Size-5'X&') ASTM C478 82812U23 334910 Manhole Ringer Mnledals R<inforced 48" Diameter Svrand Footing Manhole(Size-4'X4') ASTM C433 8/282023 333920 Curb Inlet lO'x 3' riser Thomvson Pipe Group Net Rise, FT) ASTM C913.16 18,2 ' ???92U Curb Inlet 1513'Riser Thomvson Pive Grout/ Wetrwr(Size-3 FT) AS C91316 18282023 333920 Curb Inlet 20'x 3' Riser Thompps�oonP Qrouyy Inlet Riser (Size-3FT) ASTM C91M6 (l/122024 334920 Drot�Inlet Amcn�Tex'Pax RPoduets DO, q�]nlle (4'X4) pSTM C913 I1/122124 134920 Dropinlet Arned P &Praduct. Dropinit.(5' X S) _ ASTM C913 I1/19/2 Z4 334920 Mnnholc Am 6Z P�e&Produets Preeasl4'x4'StOrm June6on Box ... ASTM C913 11/192024 31 4920 Manhole AmedTcx Pape MProducts Pocensl MsS'Slorm Junction Box ASTM C913 1/19/1024 334920 Manhole Anted-P�e&Produ... $'Precast Tansition WI (4- MH on the top of5' JB) ASC913 1/19/2024 334920 Manhole IA_riTex Pie&Product/ Preaust MaSStorm Jotted- ASTM C913 t/192024 3349-0 Manhole AmeriTex Pie &Products 6'PrccostTansition ME (4' Meson the lop of& JB) AS C1I3 I/I9 -024 334920 Manhole Amcri1'ex Page filRodueta Preewt 8\8' Storm Junction Box AS C9I3 1119 -024 33 49 20 Manhole AosdTc I era. BPoduals 8' Precast Tansition MH (4' MH on the too of &' JB) ASTM C913 1/19/1024 .33 49 20 Manhole —.Tex Pipe &Pmductr Twe C Stonn Drain Manhole on Box W MH On the ton orRCB) _ ASTM C913 Nape:N-1 bales on appmedf-d'. antefpinion nfrbeanumrn(burin)only SaxeffPnmu f1h,mama.. are la unednbe.ow in-p/av,A'o exas mans ra rbu enlafren— rba/f be alto ,t CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF Mll6/2024 I Storm Sewer-Plnaa rk 11-33AO D I4/9/2021 334113 Storm Drain Finas Adsm I Dm6nae S",— 11,1AD11 ADS 11P Storm P,l,ioovlene(PP) Pi (Size-12"-60') IV-W-'023 334910 StormDrainPipes RinkerMterials RinforcedConcrete Pipe Tnµuenn vc Joint Pipe(Siza-21"or larger) TM C76. C655 18/28R023 334910 Culvert Box RmLcrMatenale Reinforced C.reale Box Culvert (SuVonoua) rTMIIUII',AAIHT0M330 TM C7S9. C850I10/12/2023 334110 Storm Drain Pipes AmenTexPipe&Products ReinforcedCooc::ZTPueandOne—Joint Pipe"(Sin-15"or larger) TMC76.C506 101122023 344110 Culvert Box AmnTexPipe&Products RcinWrnedConcreteEk Cuffvent(size-Various)) TMC1433.CIS77 110/1S/2023 3541 10 Storm Drain Pipes I The Turner t Reinforced Concrete Pipe Tongue and Groove Joint Pipe- (Size-15" or larger) ASTM C76. C5D6 110/I8/2023 364110 Calvert Box Me Turner Co. Reinrorced Concrete Box Culvert(sfzs-Various) IASTM C1433.C1577