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Contract 61514-PM1
CSC No. 61514-PM1 CONTRACT DOCUMENTS FOR PAVING IMPROVEMENTS LONE STAR AT LIBERTY TRAILS PHASE 1B BROOKFIELD WATER CONTROL AND IMPROVEMENT DISTRICT OF DENTON COUNTY CITY OF FORT WORTH ETJ DENTON COUNTY, TEXAS .: S�PrJ''OF.TN1000 �1 00 ........................... ol KEVIN M. MURPHY j ,�� .................................. o 144318 i /11 0,c %.4!CENSE� •' ����� F G 1t `SS/ONAL•ENft:p OWNER/DEVELOPER: D. R. HORTON — TEXAS, LTD. DFW WEST DIVISION 6751 North Freeway Fort Worth, Texas 76131 Tel: 817-230-0800 Fax: 817-230-0896 ENGINEER: Pape -Dawson Engineers, Inc. 201 Main St., Suite 901 Fort Worth, Texas, 76102 Tel: 817-870-3668 Attention: Kevin M. Murphy, P.E. TBPE Firm Registration #470 Pape -Dawson Project No. 61290-01 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CONSTRUCTION CONTRACT TABLE OF CONTENTS Pase No. INVITATION TO BIDDERS-......................................................................................4 RECITALS— .... .... ...................................................................... __...... ........... 5 ARTICLE1 —DEFINITIONS .........................................................................................5 ARTICLE2 — CONSTRUCTION...................................................................................6 ARTICLE 3 — CONTRACT PRICE AND PAYMENT..................................................7 ARTICLE 4 — CONTRACT DOCUMENTS.................................................................. 8 ARTICLE 5 — SURVEYS, STAKES, AND PERMITS .................................................. 8 ARTICLE 6 — EXAMINATION OF JOB SITE............................................................10 ARTICLE 7 — TESTING, INSPECTIONS AND CORRECTION OF WORK ............ 10 ARTICLE 8 — CHANGES IN WORK.......................................................................... I I ARTICLE 9 — TIME FOR COMPLETION: EXTENSIONS OF TIME ...................... l I ARTICLE 10 — USE OF LAND BY OWNER..............................................................13 ARTICLE 1 I — TRAFFIC CONTROL AND CLEAN UP ................................ ........ —13 ARTICLE 12 — SUBCONTRACTORS........................................................................13 ARTICLE 13 — PROTECTION AND CHARACTER OF WORKMEN......................14 ARTICLE 14 — PROTECTION OF PROJECT.............................................................15 ARTICLE 15 — INDEMNITY AGREEMENT.............................................................15 ARTICLE 16 — INSURANCE TO BE MAINTAINED BY CONTRACTOR.............16 ARTICLE 17—NO WAIVER.......................................................................................18 ARTICLE18 — WARRANTY....:..................................................................................18 ARTICLE 19 — TERMINATION OF CONTRACTOR BY OWNER .........................18 1 S:\projects\612\90\01\3 0 Construction\3.1 Contracts and Specifications\3 I.l Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase I B Paving_Contract Book doc TABLE OF CONTENTS, Continued Paze No. ARTICLE 20 — OTHER CONTRACTORS.................................................................. 20 ARTICLE 21 — ATTORNEY'S FEES..........................................................................20 ARTICLE22 — NOTICES.............................................................................................20 ARTICLE23 — ASSIGNMENTS..................................................................................21 ARTICLE 24 — GENERAL PROVISIONS..................................................................21 ARTICLE 25 — NON-DISCRIMINATION..................................................................22 ARTICLE26 — TAXES................................................................................................. 23 ARTICLE 27 — BOOKS AND RECORDS...................................................................23 ARTICLE 28 — BOYCOTTING ISRAEL & ANTI -TERRORISM VERIFICATION. 23 ARTICLE29 — ETHICS................................................................................................24 ARTICLE 30 — ENVIRONMENTAL PROTECTION.................................................24 ARTICLE 31 — PREVAILING WAGE RATE.............................................................25 SIGNATUREPAGE ....................................................................................................26 2 S:\projects\612\90\01\3-0 Construction\3.1 Contracts and Specifications\3.1.1 Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase I Paving_Contract BOok.doc TABLE OF CONTENTS, Continued LIST OF EXHIBITS EXHIBIT A IMPROVEMENTS EXHIBIT B CONTRACT DOCUMENTS EXHIBIT C SPECIFICATIONS EXHIBIT D ESTIMATED QUANTITIES AND UNIT COSTS EXHIBIT E SPECIAL CONDITIONS EXHIBIT F INVOICING INSTRUCTIONS EXHIBIT G SURVEY STAKING PROVIDED BY OWNER EXHIBIT H PROHIBITION ON BOYCOTTING ISRAEL EXHIBIT I FORM 1295 EXHIBIT J GEOTECHNICAL REPORT 3 S:\projects\6I2\90\01\3.0 Constmction\3.1 Contracts and Specifications\3.1 I Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase IB Paving_Contract Book.doc INVITATION TO BIDDERS FOR LONE STAR AT LIBERTY TRAILS, PHASE I - PAVING IMPROVEMENTS RECEIPT OF BIDS Sealed bids addressed to the Board of Directors of the Brookfield Water Control and Improvement District of Denton County, will be received at the office of the engineer for the District, Pape -Dawson Engineers, Inc., 201 Main Street, Suite 901, Fort Worth, TX, 76102 for the construction of the Lone Star at Liberty Trails, Phase IB - Paving Improvements, until 2:30 PM, Local Time, Monday, October 23, 2023, and then publicly opened and read for "Lone Star at Liberty Trails, Phase IB - Paving Improvements, Denton County, Texas. " GENERAL DESCRIPTION OF WORK The major work will consist of the following: Phase 1B Paving Improvements: Approximately 25,500 SY of 6" concrete pavement, 3,100 SY of 7.5" concrete pavement, 2,000 SY of 10" concrete pavement, lime -treated subgrade, barrier free ramps, concrete sidewalks, and related work. The above Improvements are a part of the "Plans for the Construction of Water, Sewer, Paving, Drainage, and Street Light Improvements to serve Lone Star at Liberty Trails Phase 1B", as prepared by Pape -Dawson Engineers. Bids received after the closing time will be returned unopened. Each Bid must be accompanied by a bid bond or a certified or cashier's check, acceptable to the District, in an amount not less than five percent (5%) of the total amount bid, as a guarantee that the successful bidder will enter into the Contract and execute the Bonds on the forms provided and provide the required insurance certificates within seven (7) days afterthe datethe Contractor is notified. QUALIFICATIONS OF BIDDERS To demonstrate Bidder's qualifications to perform work, Bidders shall submit written evidence such as financial data, previous experience, present commitments, and other such data as may be called for in this contract document with bid. DOCUMENT EXAMINATION AND PROCUREMENTS Copies of the documents may be obtained and downloaded electronically at no charge by contacting a representative of the District Engineer: Kevin M. Murphy, P.E., kmurphy@pape-dawson.com. DEVELOPER/DISTRICT'S RIGHT TO ACCEPT OR REJECT BIDS Developer and Brookfield Water Control and Improvement District of Denton County reserve the right to waive irregularities and to accept or reject bids. S:\projects\612\90\01\3.0 Constrvclion\3. I Contracts and Specificalions\3.1 I Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase 1B Paving_Contract Book doc FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from Developer funds and District Bonds and dedicated by the District to the work under this INVITATION TO BIDDERS. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Kevin Murphy, P.E., Pape -Dawson Engineers, Inc. Email: kmurphy@pape-dawson.com Phone: (817) 870-3668 ADVERTISEMENT DATES Denton Record -Chronicle — October 6, 2023 & October 13, 2023 S:\projects\612\90\01\3.0 Construction\3.1 Contracts and Specifications\3_I.I Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase I Paving_Contract Book.doc CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT, referred to as "Contract," dated as of the date on the Contract Signature Page by and between the "Owner" designated on the Contract Signature Page and the "Contractor" designated on the Contract Signature Page is entered into with reference to the following recitals: A. Owner holds title to the land shown in the "Contract Documents" (as that term is hereinafter defined). The land described is referred to as the "Premises". B. Owner desires to have improvements constructed on portions of the Premises. The Improvements consist of the improvements described on Exhibit A to this Contract. C. Owner desires to engage Contractor and Contractor desires to be engaged as an independent contractor to perform the Work hereinafter described. NOW, THEREFORE, in consideration of the mutual promises contained herein the parties hereto agree as follows: ARTICLE 1 — DEFINITIONS 1.1 Whenever used in this Contract the following terms shall have the meaning hereinafter set forth: 1.1.1 "Improvements" shall mean the improvements to be constructed by Contractor pursuant to this Contract as described in Exhibit A. 1.1.2 "Work" shall mean the labor, material, and service required by the Contractor to construct the Improvements. 1.1.3 "Contract Documents" shall mean and include the following documents to the extent that the documents have been prepared: (i) This Construction Contract; (ii) The approved project drawings, specifications, general conditions and special conditions specifically referenced in this Construction Contract. (The special conditions, if any, are attached hereto as Exhibit E and incorporated herein by reference.) (iii) All addenda and modifications incorporated into or otherwise expressly made a part of any of the documents enumerated above before execution of this Contract; and 6 S:\projects\612\90\01\3.0 Construction\3.1 Contracts and Specifications\3.1.1 Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase 1B Paving_ Contract Book.doc (iv) Any modification, change order or written order for a change made or issued pursuant to the terms and conditions of this Contract. An enumeration of the Contract Documents appears in Exhibit B to this Contract. The Specifications are attached hereto as Exhibit C and incorporated herein by reference. 1.1.4 "Engineer" shall mean the Design Engineer of Record and his authorized representatives. 1.1.5 "Governing Public Authority" shall mean the governmental authority such as: District, Town, City, County, State and/or Federal government having jurisdiction over the Project whether it being public or private to include any and all of the Project's parts thereof. 1.1.6 "Subcontractor" shall mean any independent contractor having a direct contract with Contractor to furnish equipment, materials, or labor, labor and materials, or labor and equipment for the Improvements. 1.1.7 "Construction Manager" shall mean the person designated by Owner, who shall be the Owner's agent for making decisions or giving approvals at the Project Site which may be necessary or prudent for the smooth flow of the Work. All notices required to be given by Contractor to Owner in this Contract shall be deemed properly delivered to Owner when delivered to Construction Manager and Contractor shall be entitled to rely on Construction Manager's instruction and approvals. Owner shall have the right to change the Construction Manager at any time. 1.1.8 "Progress Payment" shall mean any installation of the Contract price payable to Contractor in the manner specified herein. 1.1.9 "Project Site" shall mean those portions of the Premises reasonably required for Contractor's use in constructing the Improvements. ARTICLE 2 — CONSTRUCTION 2.1 Contractor shall furnish and/or perform, or, subject to Owner's right to approve any subcontractor as hereinafter set forth, cause to be furnished and/or performed, all labor, materials and equipment, of every kind and description necessary to construct the Improvements in a first-class and good workmanlike manner in strict accordance with the requirements and provisions of the Contract Documents. 2.2 Contractor shall prepare and submit, after instructions from Owner to commence, an estimated progress schedule for constructing the Improvements to be approved by the Construction Manager and Owner. S:\projects\612\90\01\3.0 Construction\3 1 Contracts and Specifications\3 1 I Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase 1B Paving_Contract Book doc 2.3 Contractor agrees to cooperate with the Construction Manager, as Owner's agent. The Construction Manager is authorized to give instructions, on Owner's behalf, to facilitate the smooth flow of work. 2.4 All drawings, specifications, descriptions, plats, field notes, reports, designs, samples and other documents or materials compiled or furnished by Contractor in the course of or as a result of performing the Work shall be the property of Owner and may be used by Owner for any purpose whatsoever at Owner's sole risk and expense. ARTICLE 3 — CONTRACT PRICE AND PAYMENT 3.1 Unit Price. Owner shall pay Contractor for each item of the Work a unit price, as shown in Exhibit D, attached to this Contract. These unit prices shall be considered inclusive of all work. This work consists of delivery of the Contractual Improvements complete. 3.2 Progress Payments. Contractor may submit monthly progress billings for "Progress Payments" for one hundred percent (100%) of the value of the portion of the Work performed (excluding stored materials) during each monthly period, by following the format and procedure set forth in Exhibit F. Invoicing Instructions. Progress billings shall be submitted to the Construction Manager by the 25lh day of the month. Subject to the provisions of this Article, ten percent (10%) of all Progress Payments shall be retained by Owner until Contractor's scope of work has been completed and accepted by the Owner and the Governing Public Authority. Such statement shall be categorized according to the code and unit item listing set forth on Exhibit D attached to this Contract. Such statement shall show the retained percentage. Subject to the aforesaid, Progress Payments will be made within twenty (20) days following Owner's receipt of Contractor's statement. Progress Payments for Improvements shall not be construed as evidence of acceptance of any part of Contractor's work. Contractor agrees to furnish, if and when required by Owner, payroll affidavits, receipts, vouchers, releases or claims for labor and material by Contractor and/or by subcontractors or other persons performing work or furnishing materials to Contractor or any subcontractor, all in form of content of satisfactory to Owner. 3.3 Withholding of Pavment. Owner may withhold from any Progress or other payment due Contractor under the terms of this Contract such amount as in the reasonable judgment of Owner shall be necessary to protect Owner from loss because of (i) defective work not remedied, (ii) lien claims filed, or evidence presented to Owner indicating a reasonable probability that such claims will be filed, by persons or entities who supplied labor, materials, or equipment used in the construction of the Improvements, (iii) failure of Contractor properly to pay subcontractors and persons supplying labor, materials, or equipment for use in the construction of the Improvements, (iv) damage caused by Contractor or its subcontractor, (v) reasonable evidence that the work cannot be completed for the unpaid balance due of the Contract Price, (vi) failure of Contractor to substantially comply with the material terms of this Contract. When the above causes have been removed, payment shall be made for the amount withheld because of them. S:\projects\612\90\O1\3.0 Construction\3.1 Contracts and Specifications\31.1 Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase 1B Paving_ContractBook doc 3.4 Final Payment. Final payment, constituting the entire unpaid balance of the Contract price shall be made by Owner to Contractor when (i) the Contractor's Work has been fully performed and accepted by both the Governing Public Authority, Owner, and Engineer; and (ii) Contractor has furnished to Owner a final affidavit, in the form attached hereto, that payrolls, bills for materials and equipment, payments due to subcontractors, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered, have been paid or otherwise satisfied. Contractor agrees to obtain lien waivers from all Subcontractors on the project. ARTICLE 4 — CONTRACT DOCUMENTS 4.1 The Contract Documents are intended to complement each other and any items required by any one such document shall be deemed to be required by all such documents. Any word used in the Contract Documents, or any of them, which has a well-known technical or trade meaning shall be deemed to have been used in such document or documents in accordance with such meaning. In the event of any conflict between different provisions of the Contract Documents, Contractor shall advise Owner of such conflict and Owner shall direct Contractor how to proceed with regard to the matter about which there is such conflict. Contractor shall maintain one complete set of the Contract Documents at the Job Site which shall be available to the Construction Manager at all times and upon which the Contractor shall record all change and field adjustments. 4.2 Contractor understands and acknowledges that the detailed information contained in the Contract Documents is shown or stated therein with as much accuracy as could be obtained at the time such documents were prepared but that the exact accuracy of such detailed information is not guaranteed and the exact locations, measurements, and levels of the various items shown on the Contract Documents will be governed by the physical requirements of the Premises and the Improvements. 4.3 Contractor shall carefully examine all drawings and specifications for the Improvements before commencing the construction hereof and promptly notify Owner in writing of any observed discrepancies in such documents before commencing construction, but Contractor shall not be responsible for verifying the accuracy or completeness of such drawings and specifications prepared by Owner's engineers, architects or others. ARTICLE 5 — SURVEYS, STAKES, AND PERMITS 5.1 Unless otherwise provided in the Contract Documents, Owner, at its own cost and expense, shall furnish all land surveys of the Premises required for the performance of this Contract, including surveys showing the general location of any easements or public utility lines on the Premises. Owner shall install points, benchmarks, and stakes on the ground which are described in detail in Exhibit G. "Survey Staking Provided by Owner" and incorporated herein by reference. Contractor shall give Construction Manager at least twenty-four (24) hours prior notice of any such staking required by Contractor. 9 S:\projects\612\90\01\3.00onstnicfion\3.1 Contracts and Specifications\3.1.1 Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase I Paving_Contract Book.doc 5.2 Contractor shall be responsible for all layouts not described in Exhibit G and shall protect and preserve the established reference points and shall make no changes of relocation or said points without the prior written approval of Owner. 5.3 Contractor shall be liable for the destruction or loss of any such benchmarks, reference points, or stakes caused by the negligent or intentional act or omission of Contractor or Contractor's employees, agents or representatives. 5.4 Contractor shall secure all permits from Governing Public Authority at his expense for the proper execution of the Work. Inspection fees, if any, shall be paid by the Owner. 5.5 Contractor shall not enter property adjacent to the Premises for any purpose without obtaining written permission to do so from the owner of such adjacent property and shall provide written notice or evidence of same to Owner. Contractor shall be responsible for the preservation of all public property, wetlands, floodplains, trees, monuments, structures, fences, and improvements, along or adjacent to any street and/or right-of-way, from damages from Contractor's Work and shall use every precaution necessary to prevent damage of all monuments and property marks until an authorized agent of Owner has witnessed or otherwise referenced their location and shall not remove them until directed. Locations or utilities shown in the Contract Documents are general locations only and Contractor shall be responsible for determining the precise location of any and all utilities on the Premises prior to commencing the Work. Contractor shall also be responsible for calling for locations and locating existing utilities not documented or shown on plans. In the event Contractor shall disturb any landscaped or hardscaped areas while performing the Work, Contractor shall return those areas to their original condition prior to the Work being fully performed. Rectification of damage or destruction to the landscaping or hardscaped areas forming part of the adjacent properties shall be at Contractor's sole cost and expense. 5.6 Contractor shall, at all times, so conduct the Work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work, and to insure the protection of persons and property. Roads or streets shall not be closed to the public except with permission of the proper authorities. Fire hydrants and water valves on or adjacent to the Work shall be kept accessible to fire- fighting equipment at all times. Temporary provisions shall be made by Contractor to ensure the use of sidewalks and the proper functioning of all gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed. Contractor is to advise Owner should any roads, streets, or other existing improvements require closure. 5.7 Contractor shall provide and maintain such sanitary accommodations for the use of its employees and those of its subcontractors as may be necessary to comply with the requirements and regulations of the local and state departments of health and Owner. 10 S:\projects\612\90\01\3 0 Constructionh.l Contracts and Specifications\3 1 I Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase IB Paving_Contract Book doc ARTICLE 6 — EXAMINATION OF JOB SITE 6.1 Contractor has by careful examination ascertained (i) the nature and location of the Improvements, (ii) the surface conformation of the ground on which the Improvements are to be constructed, (iii) the character, quality, and quantity of the materials, equipment and facilities necessary to complete the Improvements, and (iv) the general and local observable conditions pertaining to the Improvements. Contractor enters this Contract solely because of the results of such examination and not because of any representations pertaining to the Improvements or the completion thereof made to Contractor by Owner or any agent of Owner and not contained in this Contract. Owner agrees that subsurface or other presently unknown conditions may be encountered during performance of the Work which may result in extension of time for completion and increase in compensation due Contractor. Contractor agrees to notify Owner promptly in writing upon encountering any such condition. Contractor will advise Owner in writing of the extent of the time delays and provide revised schedules of anticipated completion dates. ARTICLE 7 — TESTING, INSPECTIONS AND CORRECTION OF WORK 7.1 Should the Owner, the Contract Documents, or any law, ordinance, or Governing Public Authority require that any portion of the Work be tested or inspected, Contractor shall give notice to Owner (or Governing Public Authority if the Governing Public Authority is the inspecting body) when such portion is ready for such testing, inspection, or approval, or, if the testing, inspection or approval is to be made or given by a person other than Owner, of the time, place, and date when such testing, inspection or approval is to be made or given. Should any portion of the Work be covered up before inspection has taken place, the Contractor, at Contractor's sole cost and expense, shall uncover such portion of the Work for inspection as required by Owner or Governing Public Authority. 7.2 Owner or Governing Public Authority may request reexamination of any portion of the Work and Contractor must uncover such Work. Should such portion of the Work be found on such reexamination not to conform to the Contract Documents, Contractor shall bear the full cost of uncovering and replacing such portion. Should such portion of the Work on such reexamination be found to conform to the Contract Documents, Owner shall pay all costs of uncovering and replacing such portion. 7.3 Contractor shall promptly correct any portion of the Work that has been damaged or not performed in accordance with this Contract. If Contractor fails to make such corrections or fails to carry out the Work in accordance with this Contract, then Owner may give Contractor written notice to do so; and if Contractor fails within a seven (7) day period after receipt of such written notice to commence and continue correction and performance with diligence and promptness, then Owner may, without prejudice to other remedies Owner may have, correct such deficiencies or perform such Work; in such case an appropriate Change Order shall be issued deducting from payments then or thereafter due to Contractor the cost of correcting such deficiencies or performing such Work. If payments then or thereafter due to Contractor are not sufficient to cover such amounts, IF S:\projects\612\90\01\3 0 Construction\3 I Contracts and Specifications\3.1 I Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase 1B Paving_Contract Book doe Contractor shall pay the difference to Owner. Contractor shall be required to pay such difference immediately upon written demand by Owner. ARTICLE 8 — CHANGES IN WORK 8.1 Without invalidating this Contract and without notice to any surety or sureties on any bond or bonds required by Contractor, Owner may order modifications in the Work or may order additional work not shown in the Contract Documents to be performed by Contractor and such modifications or additional work may entitle Contractor to extra compensation. Such modifications or extra work shall be authorized by a written Change Order, signed by Owner, such written Change Order to be executed prior to such modifications or extra work being commenced. 8.2 If modifications in the Work or additional work not shown on the Contract Documents are authorized pursuant to Paragraph 8.1 above, such additional work or modification shall be performed by Contractor and the cost thereof added to the Contract Price and paid by Owner upon completion of such additional work or modification. ARTICLE 9 — TIME FOR COMPLETION: EXTENSIONS OF TIME 9.1 Owner shall give Contractor written notice to proceed and Contractor shall complete the work in the number of working days specified on the Exhibit D of the Contract. Contractor shall provide Owner a schedule prior to commencing work. Contractor shall commence work on the Improvements in accordance with schedule and shall, unless delayed by one of the causes stated in Paragraph 9.4, below, and documented as mentioned in Paragraph 9.5 below, work diligently and substantially continuously until completion of the Improvements. 9.2 A working day is defined as a calendar day not including Saturdays, Sundays, or those legal non -days as specified in the list prepared by the Owner for contract purposes, in which weather or conditions not under the control of the Contractor shall permit the performance of the principal units of work underway for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. A principal unit of work shall be that unit which controls the completion time of the Contract. Nothing in this definition shall be construed as prohibiting the Contractor from working on Saturdays if he so desires and permission of the Governing Public Agency has been granted. If Saturday or Sunday work is permitted, working time shall be charged on the same basis as weekdays. Where the working time is expressed as calendar days or a specific date, the concept of working days shall no longer be relevant to the contract. 9.3 Substantial Completion date shall be defined in this contract and/or any of its accompanying exhibits as the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 12 SAprojects\612\90\01\3.0 Construction\3.1 Contracts and Specifications\3 1.1 Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase 1B Paving Contract Book doc 9.4 Either party, Contractor or Owner, may be excused for delays in the performance of this Contract caused by any intentional acts or gross neglect of the other, by any acts of any public enemy, by any acts of any governmental agency, by war or war defense conditions, by fires, by unusual delays in transportation, by labor disputes, or by any other cause resulting in delay of the Work which is beyond such party's reasonable control. Each party shall use due diligence to avoid any such delay or default and to resume performance under this Contract as promptly as possible after any such delay. 9.5 The completion date may only be changed for a delay of one of the causes mentioned in Paragraph 9.4. Any claim for an extension in the completion date by Contractor shall be based on written notice and supporting data delivered to Owner within thirty (30) days of the occurrence of the delaying event giving rise to the claim. Owner may allow Contractor an additional period of time to ascertain and collect more accurate data; however, all claims for adjustment of the Completion Date shall be determined by Owner. 9.6 The completion date will be extended in an amount equal to time lost due to delays beyond the control of Contractor, if a claim is made therefore and approved by Owner, as provided in Paragraph 9.5, which approval will not be unreasonably withheld or delayed. 9.7 Liquidated Damages for Failure to Complete on Time: The time of completion is the essence of this Contract. For each calendar day that any work shall remain uncompleted after the time specified in the Proposal and the Contract, or the increased time granted by the Owner, or as equitably increased by additional work or materials ordered after the Contract is signed, the sum per day given in the following schedule, unless otherwise specified in the Special Conditions, shall be deducted from the monies due the Contractor. Amount of Liquidated Damages ($) Amount of Contract ($) Less than 5,000.00 60.00 Per Day 5,000.00 to 14,999.99 80.00 Per Day 15,000.00 to 24,999.99 100.00 Per Day 25,000.00 to 49,999.99 120.00 Per Day 50,000.00 to 99,999.99 250.00 Per Day 100,000.00 to 249,999.99 500.00 Per Day 250,000.00 to 499,999.99 750.00 Per Day 500,000.00 to 999,999.99 1,000.00 Per Day More than 1,000,000.00 1,250.00 Per Day 13 S:\projects\612\90\01\3.0 Construction\3.1 Contracts and Specifications\3.1.1 Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase 1 B Paving_Contract Book doc The sum of money thus deducted for such delay, failure, or non -completion is not to be considered as a penalty, but shall be deemed, taken, and treated as reasonable liquidated damages, per calendar day that the Contractor shall be in default after the time stipulated on the Contract for completing the Work. The said amounts are fixed and agreed upon by and between Owner and Contractor because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner in such event would sustain; and said amounts are agreed to be the amount of damages which the Owner would sustain and which shall be retained from the monies due, or that may become due, the Contractor under this contract; and if said monies be insufficient to cover the amount owing, then the Contractor or his surety shall pay any additional amounts due. ARTICLE 10 — USE OF LAND BY OWNER 10.1 During construction of Improvements, Owner shall have the right to use such portion(s) of the Premises as may from time to time be deemed safe for such use by the Construction Manager. The use by Owner of any such portion(s) of the Premises shall not (i) constitute an acceptance by Owner of any Improvements which may have been constructed on such portion of the Premises by Contractor, (ii) affect in any way the dates and times when payments become due to Contractor from Owner under this Contract, or (iii) prejudice Owner's rights under this Contract. The Improvements shall be deemed completed only when all Work under this Contract has been fully performed and a notice of completion of the Improvements has been duly accepted in writing by Owner and Governing Public Authority which acceptance will not be unreasonably withheld or delayed. ARTICLE 11 — TRAFFIC CONTROL AND CLEAN UP 11.1 Whenever the performance of the Work under this Contract creates a condition which could be hazardous to the public, Contractor shall take all necessary precautions and provide adequate means to protect those who must pass through, over, or adjacent to the Work. Contractor will notice Owner in writing of such risk. 11.2 During the performance of this Contract, Contractor shall keep all property adjacent to the Premises free of all accumulated rubbish and waste materials caused by Contractor's operations in performing this Contract. On completion of the Improvements, Contractor promptly shall remove all such rubbish and waste materials, structures and all equipment used by it in performing this Contract from the Premises and adjacent property. If the Contractor fails to maintain and clean the Premises, the Owner may use the procedure provided in Paragraph 7.3 and the cost shall be charged against the Contractor. ARTICLE 12 — SUBCONTRACTORS 12.1 Before subcontracting any portion of the Work, Contractor shall deliver to Owner a written list of the names of all persons and entities intended to be employed by Contractor as Subcontractors to work on Improvements. 14 SAprojects\612\90\01\3.0 Construction\3J Contracts and Specifications\3 I I Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase 113 Paving_Contract Book, doc 12.2 Should Owner have any objections to the employment of any person or entity named on the list of Subcontractors delivered to Owner pursuant to the foregoing paragraph, Owner shall serve written notice of such objection on Contractor within five (5) business days after the delivery of such list and Contractor shall substitute another person or entity acceptable to Owner in place of the person or entity to whom such objection was made. 12.3 Contractor shall not employ any person or entity as a Subcontractor on the Improvements that has been objected to by Owner. Failure of Owner to serve written notice on Contractor pursuant to Paragraph 12.2 of any objections it may have to any person or entity named on the list of Subcontractors within five (5) business days after the delivery of such list to Owner shall constitute approval by Owner of the employment of such person or entity as a Subcontractor on the Improvements. 12.4 Contractor shall be as fully responsible to Owner for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by such Subcontractors as Contractor is for the acts and omissions of persons directly employed by Contractor. 12.5 Nothing contained in this Article or in any of the Contract Documents shall create a contractual relationship of any kind between any Subcontractor and Owner. ARTICLE 13 — PROTECTION AND CHARACTER OF WORKMEN 13.1 Contractor shall take all necessary precautions for the safety of persons employed to work on the Improvements and shall without limiting the generality of the foregoing (i) comply with all applicable provisions of any federal, state, county, or municipal safety laws, ordinances, regulations, or building codes, to prevent injury to such persons while on, about, or adjacent to the Premises, (ii) properly erect and maintain at all times such safeguards for the protection of persons employed to work on the Improvements as the conditions and progress of the Work may require and (iii) conspicuously post such signs as may be necessary to warn persons employed to work on the Improvements of all latent hazards known to and created by Contractor existing on the Premises. 13.2 Contractor shall at all times be responsible for the conduct and discipline of Contractor's employees and/or any Subcontractor or persons employed by Subcontractors. All workmen must have sufficient knowledge, skill, and experience to perform properly the work assigned to them. Any supervisor, foreman, or workmen employed by Contractor or any Subcontractor who does not perform his work in a skillful manner or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of Owner, be discharged immediately and shall not be employed again in any portion of the Work without the approval of Owner. 15 S:\projects\612\90\01\3.0 Construction\3.1 Contracts and Specifications\3.1. I Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase 1B Paving_Contract Book.doc ARTICLE 14 — PROTECTION OF PROJECT 14.1 Contractor shall furnish and install at its own cost and expense such material and devices as are customarily furnished by similar contractors in the industry to protect the Improvements or any part thereof from damage or destruction by rain, wind, or the elements prior to full and final completion of the Improvements. Contractor shall be responsible for such protection of the Improvements until acceptance by Owner. 14.2 In the event of an emergency endangering life or property, Contractor shall perform any work and shall furnish and install any materials and equipment necessary or prudent during the emergency. In all cases Contractor shall notify Owner of the emergency as soon as practicable, but it shall not wait for instructions before proceeding to properly protect both life and property. Unless caused by Contractor, its employees, agents or Subcontractors, Contractor shall be entitled to reasonable compensation from Owner for such materials or equipment furnished during any such emergency. ARTICLE 15 —INDEMNITY AGREEMENT 15.1 Contractor shall indemnify and hold harmless Owner, Construction Manager, and Engineer their agents, successors and assigns ("indemnitees") from and against any and all claims, and liabilities, of any nature, kind or description, including, without limitation, court costs, attorneys' fees, costs of investigation, directly or indirectly arising out of, caused by, or resulting from (in whole or in part) the performance of Contractor's work or the acts or omissions of Contractor's employees, agents, Subcontractors or representatives. THIS INDEMNITY OBLIGATION SHALL INCLUDE SUCH CLAIMS, DAMAGES OR CAUSES OF ACTION, THAT MAY BE CAUSED OR ALLEGED TO BE CAUSED IN PART BY THE NEGLIGENCE OR OTHER ACT OR OMISSION OF OWNER, CONSTRUCTION MANAGER, ENGINEER, OR ANY OTHER INDEMNITEE. WHERE SUCH CLAIMS, DAMAGES, LOSSES AND EXPENSES ARE BROUGHT BY AN EMPLOYEE OR BORROWED SERVANT OF CONTRACTOR, AND SUCH CLAIMS ARE BARRED FROM BEING BROUGHT AGAINST CONTRACTOR UNDER APPLICABLE WORKERS COMPENSATION LAWS OR PROPORTIONAL RESPONSIBILITY LAWS OR A JURY ISSUE IS REQUESTED BUT NOT GRANTED ON THE ISSUE OF CONTRACTOR'S CONTRIBUTORY NEGLIGENCE, SUCH CLAIMS SHALL BE DEEMED TO ARISE ONLY IN PART FROM THE NEGLIGENCE OF INDEMNITEES AND SUBCONTRACTOR AGREES TO INDEMNIFY THE CONTRACTOR, THE OWNER AND ALL INDEMNITEES FROM THE CONSEQUENCE OF THEIR OWN CONTRIBUTORY NEGLIGENCE. This indemnification shall not be subject to limitation by any policy of workers compensation or other insurance or damages payable or paid under any policy of insurance carried by Contractor. The indemnity set forth above includes any claims, liabilities, fines, and/or remedial action required, including attorney's fees, including strict liability arising out of any actual or alleged injury to persons or property or contamination of the environment, whether from pollution, or otherwise and whether or not prosecuted by a governmental entity. Such indemnity includes any representation or action required in connection with any administrative 16 SAprojects\612\90\0l\3.0 Construction\3 I Contracts and Specifications\3.1 1 Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase 1 B Paving_Contracl Book.doc proceedings arising out of actual or alleged damage to the environment, including, but not limited to, notification that any indemnitee may be a potentially responsible party for any actual or alleged damage to the environment. The obligation for indemnity shall survive termination of this Contract. THE INDEMNITY SET FORTH ABOVE SHALL INCLUDE, WITHOUT LIMITATION, ANY AND ALL PENALTIES IMPOSED ON ACCOUNT OF THE VIOLATION OF ANY LAW OR REGULATION, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY CONTRACTOR'S WORK. CONTRACTOR SHALL (I) AT ITS OWN COST AND EXPENSE AND RISK, DEFEND ALL SUITS, ACTIONS OR OTHER LEGAL PROCEEDINGS THAT MAY BE BROUGHT OR INSTITUTED BY A THIRD PERSON AGAINST OWNER, CONSTRUCTION MANAGER, ENGINEER, THEIR AGENTS OR SERVANTS ON ANY SUCH CLAIM, DEMAND, OR CAUSE OF ACTION OR SUCH THIRD PERSON OR TO ENFORCE ANY SUCH PENALTY, (II) PAY AND SATISFY ANY JUDGMENT OR DECREE THAT MAY BE RENDERED AGAINST OWNER, CONSTRUCTION MANAGER, OR ENGINEER THEIR AGENTS OR SERVANTS IN ANY SUCH SUIT, ACTION, OR OTHER LEGAL PROCEEDINGS AND (III) REIMBURSE OWNER, CONSTRUCTION MANAGER, OR ENGINEER THEIR AGENTS AND SERVANTS FOR ANY AND ALL REASONABLE LEGAL EXPENSES INCURRED BY ANY OF THEM IN CONNECTION THEREWITH. ARTICLE 16 — INSURANCE TO BE MAINTAINED BY CONTRACTOR 16.1 Contractor, at its own expense, shall procure and maintain in full force and effect during the performance of this Agreement and for one year thereafter, except as noted below, the following policies of insurance: 16.1.1 Statutory Workers Compensation Insurance and Employer's Liability Insurance with a minimum of $100,000 per occurrence. 16.1.2 Broad Form Comprehensive General Liability including Completed Operations, Products Liability Premises and Operations, Contractual Liability, Personal Injury XCU, Broad Form Property Damage, Contractors' Protective, with a combined single limit of not less than $1,000,000 for each occurrence. 16.1.3 Comprehensive Automobile Liability Insurance for all motor vehicles operated by or for Contractor, owned and non -owned, with a combined single limit of not less than $1,000,000. 16.2 During the express warranty period referred to in this Contract, Contractor agrees to maintain said Comprehensive General Liability Insurance, including Completed Operations and Products Liability coverage. 17 SAprojects\612\90\0I\3.0 Constmction\3 1 Contracts and Specifications\3. I I Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase I B Paving_ Contract Book.doc 16.3 Prior to commencement of the Work described in this Contract, Contractor agrees to deliver to Owner and to Construction Manager, without expense to Owner or Construction Manager, a Certificate (on an ACORD form confirming coverage) from Contractor's insurance companies which shall certify, when applicable, the following: 16.3.1 That each said policy is then in full force and effect and the expiration date and limits thereof. 16.3.2 That each said policy shall not be canceled or materially changed without ten (10) days prior written notice to Owner or Construction Manager. 16.3.3 That each the Owner, the Construction Manager, and the Engineer is named as additional insured under each policy. 16.3.4 That such insurance shall expressly provide that "It is understood and agreed that the Owner, the Construction Manager, and the Engineer may have or may procure for its own account non-contributing insurance without notice to this insurance company and without prejudice to this insurance. Any such insurance procured by the Owner shall not be called upon for contribution with the insurance afforded by this policy. This policy shall be considered primary insurance as to Owner, the Construction Manager, and the Engineer in connection with the Work of the insured arising out of or in connection with its Contract with Owner." 16.3.5 That the parties to the described policies of insurance hereby agree to irrevocably waive subrogation, claim, or recovery against the Owner, the Construction Manager, and the Engineer in connection with the work certified. 16.4 All of the insurance required to be procured and maintained by Contractor pursuant to Paragraph 16.1 shall be issued by insurance companies acceptable to Owner. When any required insurance, due to the attainment of a normal expiration date or renewal date, shall expire, the Contractor shall supply both the Owner, the Construction Manager, and the Engineer with certificates of insurance and amendatory riders or endorsements that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as was provided by the previous policy. In the event any renewal or replacement policy, for whatever reason obtained or required, is written by a carrier other than that with whom the coverage was previously placed, or the subsequent policy differs in any way from the previous policy, the Contractor shall also furnish the Owner, the Construction Manager, and the Engineer with a certified copy of the renewal or replacement policy unless the Owner provides the Contractor with prior written consent to submit only a Certificate of Insurance for any such policy. All renewal and replacement policies shall be in form and substance satisfactory to the Owner, the Construction Manager, and the Engineer and written by carriers acceptable to the Owner. Certificates of insurance required herein shall provide a statement confirming coverage of the Owner, of the Construction Manager, and of the Engineer as an 18 S:\projects\612\90\01\3.0 Construction\3.1 Contracts and Specifications\3. 1 A Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase I B Paving_Contract Book doc additional insured. Certificates issued "for informational purposes only" and "which confer no rights on the certificate holder", such as ACORD 24, will not be accepted. If the Contractor fails to purchase and maintain, or require to be purchased and maintained, any insurance required herein, the Owner may, but shall not be obligated to, upon five (5) days written notice to the Contractor, purchase such insurance on behalf of the Contractor and shall be entitled to be reimbursed by the Contractor upon demand. ARTICLE 17 — NO WAIVER 17.1 Neither (i) payment to Contractor by Owner of the full Contract price for any portion of the Work, nor (ii) acceptance of the Improvements by Owner or any governmental agency having appropriate jurisdiction shall relieve Contractor of liability for defective materials or workmanship used in the construction of the Improvements or failure to construct the Improvements according to the requirements of the Contract Documents or Change Orders. Acceptance by Contractor of any payment provided for in the Contract Documents shall be a representation by Contractor to Owner that the portion of the Work required by the Contract Documents to be performed before such payment became due, has been completed by Contractor in accordance with the Contract Documents or Change Orders. ARTICLE 18 — WARRANTY 18.1 Except as provided in any special guarantees contained in the Contract Documents or any guarantees by the manufacturers of any materials used in the construction of the Improvements, Contractor shall remedy any defects due to faulty materials or workmanship and shall pay for any damage to other work resulting therefrom which shall appear within the longer of (i) one (1) year after the date of completion of the particular phase of work, or (ii) the maintenance period required by the appropriate Governing Public Authority if the Improvements are to be dedicated to public use. ARTICLE 19 — TERMINATION OF CONTRACT BY OWNER 19.1 Should Contractor commit any of the acts of default described in Paragraph 19.2 and should such act remain uncured for a period of ten (10) days after Owner gives written notice thereof to Contractor and Contractor has failed to take substantial actions during such ten (10) day period to cure such act of default, Owner may, without prejudice to any other rights or remedies given Owner by law, equity or the Contract Documents (i) terminate the services of Contractor under this Contract, (ii) take possession of the Improvements and all materials located on the Premises for which Owner has made payable to the Contractor, (iii) complete the Improvements by whatever method Owner may deem expedient. 19.2 It shall be deemed to be and constitute an act of default by Contractor if Contractor should: 19 S:\projects\612\90\01\3.0 Construction\3.1 Contracts and Specifications\3 1 I Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase I Paving_Contract Book doc 19.2.1 File a petition in bankruptcy, or if a petition is filed against Contractor and such petition is not dismissed within 60 days of its filing. 19.2.2 Make a general assignment for the benefit of Contractor's creditors. 19.2.3 Allow a receiver of Contractor's assets to be appointed because of Contractor's insolvency. 19.2.4 Refuse or fail, except as provided in Article 9 hereof entitled "TIME FOR COMPLETION: EXTENSIONS OF TIME," to supply enough properly -skilled workmen or proper materials to complete the Improvements in the time specified in this Contract. 19.2.5 Fail to make prompt payments to Subcontractors, laborers, or materialmen for labor performed on, or materials or equipment used in, construction of the Improvements. 19.2.6 Disregard any law or ordinance relating to the Improvements or the completion thereof, or 19.2.7 Otherwise commit a substantial violation of any material provision of the Contract Documents. 19.3 If, on completion of the Improvements by Owner, the expenses incurred by Owner in completing the Improvements, including any compensation paid by Owner for supervisorial services in completing the Improvements, exceed the unpaid balance of the Contract Price, such excess shall promptly be paid by Contractor to Owner, and if there is any excess of the unpaid balance of the Contract price above such expenses in completing the Improvements, such excess shall promptly be paid by Owner to Contractor. 19.4 Should services of Contractor under this contract be terminated by Owner pursuant to Paragraph 19.1 before completion of the Improvements, Contractor shall promptly, within ten (10) days after service of written notice on Contractor to do so, remove all its equipment and supplies from any property owned or controlled by Owner. Should Contractor fail to so remove its equipment and supplies, Owner may remove the same and store them at the cost and expense of Contractor. 19.5 In addition to Owner's other rights and remedies under this Contract or available to Owner at law or in equity, Owner may elect to terminate this Contract for any or no reason as follows: 19.5.1 This Contract may be canceled and terminated at the option of Owner at any time during the term of the Contract upon thirty (30) days written notice to the Contractor ("Notice of Cancellation"). In the event of such cancellation, the Contractor shall present to the Construction Manager within ten (10) days after 20 S:\projects\612\90\01\3 0 Construction\. l Contracts and Specifications\3 1.1 Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase 113 Paving Contract Book. doc Notice of Cancellation, a claim for final payment consisting of the actual amount due based upon the unit prices for Work set forth on Exhibit D completed through the thirty (30) day cancellation period. 19.5.2 Payment of such amount plus all retainage shall be made to Contractor within twenty (20) days after the claim for payment is sent to the Construction Manager and the Contractor shall have no other claim against the Owner for such amount and agrees to execute a final lien release. ARTICLE 20 — OTHER CONTRACTORS 20.1 Owner reserves the right to enter into other contracts with other contractor(s) to perform other types of work on the Premises. Contractor shall allow Owner, and any such other contractor(s), reasonable opportunity to store equipment and materials of Owner and such other contractor(s) on the Premises, and to execute and perform such contracts, and Contractor shall properly connect and coordinate the Work with that of Owner and other such contractor(s). 20.2 Where the successful performance of the Contractor's Work is dependent on the proper performance of work under another contract let by Owner in connection with the Improvements, Contractor shall observe the completed work performed under such other contract and promptly serve written notice on Owner of any observed defects therein which will interfere with the successful performance of the Contractor's Work. 20.3 Owner and other contractors shall each be responsible for any costs of repairing any damages each has caused to the Improvements. ARTICLE 21 — ATTORNEY' S FEES 21.1.1 Should any litigation be commenced between the parties hereto concerning the Improvements, any provision of the Contract Documents, or the rights and obligations of either in relation thereto, the prevailing party in such litigation proceedings shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees in such litigation proceeding. 21.1.2 ARTICLE 22 — NOTICES 22.1 Unless otherwise specifically provided herein, all notices, demands or other communication given hereunder shall be in writing and shall be deemed to have been duly given as of personal delivery, or if mailed, as of the second business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Owner, to: DR HORTON — TEXAS LTD. 6751 North Freeway, Fort Worth, Texas 76131 21 S:\projects\612\90\0I\3.0 Construction\3.1 Contracts and Specifications\3.I I Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase I Paving_ Contract Book. doc Tel: 817-230-0800 If to Contractor, to: Glean Thurman, Inc. P. U. Box 85U842 Mmquite ` exas 75 x O-0342 or to such other address or to such other person as any party shall designate to the others for such purpose in the manner hereinabove set forth. Delivery to Construction Manager shall be deemed delivery to Owner. ARTICLE 23 — ASSIGNMENTS 23.1 This Contract is for the personal services of Contractor and Contractor shall not assign this Contract, without the prior written consent of Owner, which consent shall be in Owner's sole discretion and may be unreasonably or arbitrarily withheld. Any such assignment without Owner's prior written consent shall be null and void and deemed to be an act of default hereunder. ARTICLE 24 — GENERAL PROVISIONS 24.1 The Contract Documents contain the entire agreement between the parties relating to the transactions contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein. 24.2 No modification, waiver, amendment, discharge or change of this Contract shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is or may be sought. 24.3 Time is of the essence of each obligation of each party hereto. 24.4 The use herein of (i) the neutral gender includes the masculine and the feminine and (ii) the singular number indicates the plural, whenever the context so requires. 24.5 Captions in this Contract are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Contract or any of the terms hereof. 24.6 All exhibits referred to herein and attached hereto are a part hereof. 24.7 All terms of this Contract shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective legal representatives, successors and assigns; nothing in the foregoing provision shall be construed to alter the Article entitled "Assignments." 24.8 This Contract shall be construed and enforced in accordance with the laws of the State of Texas. 22 S:\projects\612\90\01\3-0 Construction\3.1 Contracts and Specifications\3.1 _ I Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase 113 Paving_ContractBook doe 24.9 This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. ARTICLE 25 — NON-DISCRIMINATION 25.1 Contractor hereby certifies that the Work performed, produced, and/or furnished under this Contract has been or will be performed, produced, and/or furnished in full and complete compliance with all applicable federal and state laws and regulations and amendments thereto, insofar as they relate to non-discrimination in employment including, among others, the Fair Labor Standards Act (29 U.S.C. Section 201 et seq.); the Equal Pay Act (29 U.S.C. Section 206, et seq.); Executive Order No. 11246 (Equal Employment Opportunity) effective October 24, 1965, and all regulations of the Secretary of Labor promulgated thereunder; Section 503 of the Rehabilitation Act of 1973 (29 U.S.C. Section 793) and 41 C.F.R. section 60-741.4 and Executive Order 117589; the Vietnam Era Veterans Readjustment Assistance Act of 1984 (38 U.S.C. Section 2021, et seq.) and 41 C.F.R. Section 60-250.4 and Executive Order 11701; Executive Order 11625 regarding utilization of minority business enterprises; Section 7 of the Defense Acquisition Regulation and Parts 1-7 of the Federal Procurement Regulations; Section 7-104.36(b) of the Armed Services Procurement Regulations (ASPR) setting forth the minority business enterprises subcontractor program clause; Section 7-104.14(a) of the ASPR regarding utilization of small business concerns; Section 1.805 of the ASPR regarding labor surplus area concerns; Section 7.104.14(b) and 7-104.20(b) of the ASPR regarding small business and labor surplus subcontractors; Executive Order 12138 regarding utilization of female -owned business enterprises. Contractor certifies that it does not and will not maintain any facilities it provides for its employees in the segregated manner, or permit the employees to perform their services at any location under its control where segregated facilities are maintained. Contractor agrees to execute, upon Owner's request, Owner's standard form of Certificate of Compliance with the United States Government's laws and regulations governing equal employment opportunity, the employment of the handicapped, and the employment of veterans of the Vietnam era, which Certificate of Compliance, as it may be reasonably revised, upon execution by Contractor shall become a part hereof without further reference thereto. Contractor further agrees that, upon Owner's request, Contractor will obtain identical certificates from proposed Subcontractors prior to the award of subcontracts if such subcontracts are not exempt from the provisions of the aforesaid laws and regulations and that Contractor will retain certifications in its files. Contractor recognizes its responsibilities under the Immigration and Naturalization Act as recently amended and agrees to comply in all respects with the requirements of the Act as amended in so far as Contractor's employees are concerned. 23 S:\projects\612\90\01\3.0 Construction\3.1 Contracts and Specifications\3 [.I Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase 1B Paving_Contract Book doc ARTICLE 26 — TAXES 26.1 Contractor shall pay all federal, state, and local taxes including, but not limited to, sales, privilege, use, contracting, and excise taxes owing by Contractor in connection with payments made to Contractor for Contractor's performance under this Contract. 26.2 If Owner subsequently pays any sales, privilege, use, contracting, or excise taxes as an Owner -Builder or Prime Contractor because of the sale or off -site improvements performed or because the property benefitted by such off -site improvements, Contractor will request refunds from the taxing authority of any taxes which it paid and for which Contractor would not have been liable if Owner had been Owner -Builder or Prime Contractor. Contractor shall also, provided Owner paid such tax amounts previously to Contractor, at Owner's election, pay such refunds to Owner, credit refunds to Owner's account or execute a waiver of the right to a refund. ARTICLE 27 — BOOKS AND RECORDS 27.1 Contractor agrees to make, keep, and maintain, in accordance with generally accepted accounting principles and practices consistently applied from year to year, complete books, records, invoices and records of payments relating to the Work while it is being performed. 27.2 For the purposes of audit Owner shall have the right to examine either directly or through its authorized representatives or agents, after at least three (3) days prior notice, during business hours and for a reasonable length of time, the books, records, and accounts of Contractor insofar as they are pertinent to this Contract. Owner's right to inspection shall not apply to the Contractor's trade secrets or other proprietary information designated and/or asserted as such. ARTICLE 28 —BOYCOTTING ISRAEL AND ANTI -TERRORISM VERIFICATION 28.1 HOUSE BILL 89 VERIFICATION. By signing and entering into this Agreement, Contractor verifies, pursuant to the Government Code Section 2270.001, it does not boycott Israel and will not boycott Israel during the term of this Agreement. 28.2 ANTI -TERRORISM VERIFICATION. Contractor hereby represents and warrants that at the time of this Agreement neither Contractor, nor any wholly -owned subsidiary, majority -owned subsidiary, parent company or affiliate of Contractor: (i) engages in business with Iran, Sudan, or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code; or (ii) is a company listed by the Texas Comptroller under Sections 806.051, 807.051, or 2252.13 of the Texas Government Code. The term "foreign terrorist organization" has the meaning assigned to such term in Section 2252.151 of the Texas Government Code. 24 SAprojects\612\90\01\3.0 Construction\3. I Contracts and Specifications\3 I I Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase IB Paving Contract Book doe ARTICLE 29 —ETHICS 29.1 Form 1295 Filing: By signing and entering into this Agreement, Contractor agrees to comply with House Bill 1295 which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. Form 1295 Must be filed online at www.ethics.state.tx.us/File. Exhibit I ARTICLE 30 — ENVIRONMENTAL PROTECTION 30.1 Environmental Compliance: Contractor shall comply with applicable laws, regulations, orders and guidance administered by the U.S. Environmental Protection Agency, the Texas Commission on Environmental Quality (TCEQ) and any local agency(s) with jurisdiction. The matters covered by this paragraph include, without limitation, discharges of waste to air, water, or land, solid waste disposal and management of "hazardous substances". 30.2 Compliance with TPDES: All work shall be performed in accordance with the terms and conditions of the general Texas Pollutant Discharge Elimination System (TPDES) permit and the Storm Water Pollution Prevention Plan specific to this project. The Owner will be considered the Operator for the project. By signature of this Contract, the Contractor certifies: The Contractor shall be required to maintain all erosion control devices during the Work. The Contractor shall also immediately repair any erosion control devices damaged in the course of the Work. The Contractor shall adhere to all EPA, TCEQ, and MS4 regulations and requirements pertaining to his activities during the term of this contract. 30.3 Jurisdictional Waters of the U.S.: Contractor shall respect all designated "Waters of the U.S." or "Wetlands" at or near the project during his course of construction. No vehicles, machinery, materials storage, fill, or excavation shall occur in these areas unless specified on the plans. If Contractor is unsure of "Jurisdictional Area", he shall notify the Owner's representative for clarification. ARTICLE 31 — PREVAILING WAGE RATE 31.1 Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall ascertain the general prevailing wage rate received by the classes of worker employed on projects similar to this project and shall specify in the call for bids and in the Contract the minimum wage rates which shall be paid for each type of worker. This statute further provides that the Contractor or subcontractors shall pay, as a penalty, to the Developer Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated 25 SAprojects\612\90\01\3 0 Construction\3.1 Contracts and Specifications\3.1.1 Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase 1 B Paving_Contracl Book_doc in the Contract. The Developer is authorized to withhold from the Contractor the amount of this penalty from any payment due under the Contract. 31.2 The statute likewise requires that the Contractor and subcontractors keep an accurate record of the names and occupations of all persons employed by them in the construction of the Project and to show the actual per diem wages paid to each worker. These records are open to the inspection of the Developer. 31.3 The Contractor is required to pay at least the minimum Prevailing Wage Rate that applies to Denton County, Texas. OWNER: DR HORTON — TEXAS LTD. Date: By: f Name: Tv54in 1305worf k Title: La4d Develof a'recfor Witness or Attest: CONTRACTOR: Date: M 7- By: Name: owxi Son ,Juan Title: Vice Presidwt Witness or Attest: 26 S:\projects\6l2\90\01\3.0 Construction\3.1 Contracts and Specifications\3. L 1 Contracts\Contracts Books\Paving Contract\Lone Star at Liberty Trails Phase lB Paving_Contract Book doc EXHIBIT A IMPROVEMENTS Pas,injg Improvements for Lone Star at Libertv Trails Phase IB, as shown on the City of Fort Worth approved plans prepared by Pane -Dawson Engineers. Inc., dated September 2023, and all issued revisions thereafter. EXHIBIT B CONTRACT DOCUMENTS The Contract Documents consist of the following: 1. This contract and all exhibits. 2. Plans for the Construction of Water, Sewer. Paving. Drainage, & Street Light Improvements to Serve Lone Star at Liberty Trails, Phase IB, prepared by Pape_ Dawson Engineers. Inc.. dated September 2023 and all issued revisions thereafter. EXHIBIT C SPECIFICATIONS All paving improvements shall be performed in accordance with the City of Fort Worth and Owner's geotechnical engineer's recommendations, construction plans, and technical specifications. 2. All work dedicated to the City of Fort Worth shall be performed in accordance with City of Fort Worth Standard Construction Details and Specifications or to North Central Texas Council of Governments (NCTCOG) Specifications and Standard Details as dictated by City of Fort Worth. Questions regarding City standards and specifications or North Central Texas Council of Governments Specifications and Standard Details should be referred to the City of Fort Worth. 3. If a specification or construction detail is not provided for any portion of the Contractor's Work, the Contractor shall notify the Construction Manager/Owner's representative/Engineer of Record immediately before commencing said Work. EXHIBIT D ESTIMATED OUANTITIES AND UNIT COSTS, PERFORMANCE BOND,, PAYMENT BOND, CONTRACTOR INSURANCE For contract use only. DAP - BID PROPOSAL Page 1 of 1 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Lonestar at Liberty Trails, Phase 1B UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. I Description I Specification Section No. I Unit of Measure Bid I Quantity Unit Price I Bid Value _UNIT IV: PAVING IMPROVEMENTS 111 3211,0400 Hydrated Lime 32 11 29 TN 548.8 $320.00 $175,616.00 2 321105016"Lime Treatment 321129 SY 27,184 $4.90 $133,201.60 3 3211,0502 8' Lime Treatment 32 11 29 SY 5,421 $5.10 $27,647.10 4 3213 0101 6" Conc Pvmt 32 13 13 SY 25,478 $43.30 $1,103,197.40 5 3213.0102 7.5" Conc Pvmt 32 13 13 SY 3,129 $53.20 $166,462.80 6 3213.0105 10" Conc Pvmt 32 13 13 SY 2,001 $74.55 $149,174.55 7 32110301 4" Conc Sidewalk 32 13 20 SF 10,990 $7.55 $82,974.50 8 3213.0501 Barrier Free Ramp, Type R-1 32 13 20 EA 14 $3,100.00 $43,400.00 9 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 10 $2,400.00 $24,000.00 10 3217.0102 6" SLD Pvmt Marking HAS m -'-rc m 32 17 23 LF 1289 $2.15 $2,771.35 11 321 Z0201 8" SLD Pvmt Marking HAS (W) 32 17 23 LF 113 $2.75 $310.75 3217.0504 Preformed The Contrast Markings - 24"Stop 12 Bars 32 17 23 LF 25 $27.00 $675.00 13 3217.1002 Lane Le end Arrow321723 9 32 17 23 EA 4 $430.00 $1,720.00 TOTAL UNIT IV: PAVING IMPROVEMENTS $1,911,151.05 Bid Summary UNIT IV: PAVING IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: GLENN THTIRMAN, INC. P.O. BOX 850942 MESQUITE, TEXAS 75185 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT aom..— to — — p—:ded :n the G.—I C—d:dons. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Total Construction Bid BY: RIC TRIPLETT TITLE: CONTRACT MANAGER DATE: 10/23/2023 $1,911,151.05 $1,911,151.05 55 working days after the date when the Lone Star at Liberty Trails 18 KNOW ALL MEN BY THESE PRESENTS: That we, Glenn Thurman, Inc. as Principal, (hereinafter called the "Principal"), and Fidelity and Deposit Company of Maryland , a corporation duly organized under the laws of the State of Illinois , as Surety, (hereinafter called the "Surety"), are held and firmly bound unto Brookfield WCID of Denton County as Obligee, (hereinafter called the "Obligee"), in the sum of Five Percent of the Greatest Amount Bid ------------------ Dollars ($ 5% GAB ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Liberty Trails, Phase I Paving Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for• the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in frill force and effect. Signed and sealed this 17th �f i Witness day of October A.D., 2023 Glenn Thulma , Inc. r' ipal (SEAL) Fidelity and Deposit Company of Maryland Surety By �Jr' {r.Lc�- 7�J.0 ra.�..,� (SEAL) Witness Robbi Morales Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition. BID70000ZZ0701f ZURiCH AMERICAN iNSURANCE CONn'ANY COLONIAL AMERiCAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT CON1 1PANV Or MARIL,AND POWER Ole AT'1'ORNEI' KNOW ALL MEN BYTHESE PRESENTS: That the ZURiCH AMERICAN INSI.MANCE COMPANY, a corporation orthe Slate ofNew York, the COLONIAL AMERICAN CASUALTY AND SURH I'Y COMPANY, it corporation of the Slate ol'Illinois, and the PIDL'1,11T ' AND DCI'OSIT COMPANY OF MARYLAND it corporation ol'lhe Stale ol'lllinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance ol'aulhorily granted by Article V, Section's, ol'Ihe By -Laws ol'said Companies, whiell are set lbrill oa tile. wvorse. sidc, hereof and are hereby ccrtilied to be in felt force and eft'cct un the daw hereof, do hereby nominate, constilute. and appoint iticardo J. REYNA, Tina iviCI:WAN. Don E. CORNELL.. Joshua SAUNDERS. Robbi MORALES, Sophinic HUNTER, Kelly A. WESTBROOK, Tonic 1ILTRANEK, Milcacla PEPPERS oMal lus. Texas, its true and la\vftil agent and Attorney -in -Fact, to make, execute, suit[ and deliver, liir, and on its behaIN-is surely, and us its act and deed: anyand all bonds I►»d mnlertalcings, and the execution ol'Sueh bonds or undertakings in pursuance of these presents, shall he as binding upon said Companies, is fully and amply, to all intents and pu1-p0s0S, as il'thuy had been duly executed and acknowledged by the regularly elected ol'licers ol'lhe ZURiCH AMERICAN INSURANCE COMPANY at its office in New fork, New fork.. the regularly elected 01111Ccrs of the C'OLONiAL AMI" RiCAN CASUALTY AND SURETY COMPANY at its oliice in Owings Mills, Maryland.. and the wgtllarl)l elected ol'licers ol'the FIDELiTY AND DEPOSIT COMPANY OF MARYLAND at its oflice in Owings Mills, Matylmtd.. in their own proper persons. The said Vice President does hereby certily that the extract set forth on the reverse side I1CrCOl' is a true copy ol'Artiele V. Section 8, oI the By -Laws ol'snid Companies, and is now in force, IN WITNESS WHEREOF, the said Vice-PI•CSitlelll has hei•CltI1l0 subscribed his/her names and aflixed the Corporate Seals of the said ZURICH AMERICAN iNSURANCE C:OMPANl', COLONIAL. AMERiC'AN CASUALTY AND SURETI' COMPANY, and f IDELITY AND DEPOSIT CONI 'ANY OF MARYLAND, this 141h day ul'SclHcinbcr. A.D. 2023. 9 L)'�, vS[AL`nlc,~ c'SF�tL z 1 s "SEALm e ZLIRiCII Aib1ERICAN (NSLRANCE COINIPANY COLONiAL AMERICAN CASUALTY AND SI IRE'1'Y COMPANY FIDELITY AND DEPOSIT COMPANY OF IMARYLAND 14) Jlnbn) l D. )I - jv7-gy Tice Presidcnlj) rT BY: Dana[ E. Brown 5'ec•relurl, State ofNhiryland County ol'Balthnore On this Fill day or September, A.D. 2023, before the subscriber, a Notary Public ol'the Slate 01'i\1Iag1lnnd, duly commissioned and qualilied, Ruberl D, Murray, Vice President and Dan91 E. 13rmlrn, Secretar,t• nl'the Companies, to me personally knovm to be the individuals and ol'liccis described in and \\rho executed the preceding instrument, and acknowledged the execution ol'same, and heing by me duly sworn, deposeth and with, that he/she is the Said oflicer ml'thc Company albresald, and that llle SCals allnxed to (lie preceding instrument are the Curpomte Seals ol'sald Companies. and that (lie said Corporate Scats and the Signatr•c as such officerwere duly al'lixcd and subscribed to the said insrvment by the authority Laid direction ordte said Corporations. IN TESTINIONY WI iEREOF, i have hereunto set my hand avid al'lixed my Ofliciat Sea[ the day and year Iirst above written. .GL-17611ieve M. Maison `,,uu„JrrJp, a�VE.M A GENEVIEVE M. MAI9DN NOTARYPUBrC BALTIMORE COUNTY, MD :�1 .:eilzi'.`•*'�+ '��� •` II I,^�CormeaanErp,esJANUARY27,�025 `r+rry,n,++'� Authenticity o1 this build Call be confirmed at bolldvilid itol•.•Llil•iciitla.00i11 oi• 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V. Scedon 8. At[ornevs-in-Fact. The ChicrExecutive Officer, the President, or any Executive Vice President Or Vice President may. by written ins[runicnl under the attested corporate seal, appoint attorneys-in-iuct with authority to execute hands, 1101MeS, recognizances, stipulations, undertakings. or other like lllslrtllnents on behalf of* [he Company, and may authorize any ol'licer of any such attorney -in-litet to affix the corporate seal lhciclo: and may with or without cause modil'} ui'tevola any such appointnit nt or authority at any lime." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, du hereby ce'tilj, Ihat the Ibregofng Power or Attorney is still in lilll florce and eflbct on the date of this certificate: and I do further certify that Article V. Section 8, ol• the fay -Laws orlhc Companies is still in force. This Power orAllorney and Ccrtificale may be signed by ralcsinifle under and by authority orthe following I-CSOlulion ul'the 130a1.1.1 of Directors oldie ZURICiI AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 151h day of Deccnlher 1998. RESOLVED: "That the signature orthe President Or a Vice President and the attesting signature Ora Secretary or all Assistant Secretary and the Seal orthe C'onipany may be affixed by luesinlfle on any Power of Atlorney...Any such POwcr orally eel-Liideate tile rell' beari11g Such laesinlile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by Facsinlidc under and by authority of the lOII05%Iillg I•t:Soflllioll Of the hoard of Directors or the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a nlcetng duly called and held on the 501 day of May. 1994. and the following resolution orthe hoard or Directors of the FIDELITY AND DEPOSIT COMPANY 01' MARYLAND ,it a niecling duly called and held on the 101h day ol'May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal o1'lhe company and tacsinlflc or mechanically reproduced signature of any Vice -President. Secretary, or Assislant Secretary or the Company, whether made heretofore or herealler, wherever appearing upon a certified copy orally power oraltorncy issued by (lie Company, shall he valid and binding upon file Company with the same force and effect us though manually affixed. INTESTIMONY WHEREOF. I have heretullo subscribed illy name and affixed the corporate seals of the said Companies, this 17th day of October , 2023. Ntustuurny�r %001terMtt t9�:4 8016,10% r s ap�stlnurrrgi siS CwJepr%� a 1VQPCY' / OrPO�ym �gP�1Ayrt+ f -' •..F �,1:?� '' `� %may ,•gS`�' ,t1tereNal tuSt'00' n�r�ry au s i�t`r I',lNerpeBlpttNt��,``` Thomas O. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, TFIC BOND NUMBER, AND POUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 Marlsiclailnst<r1 tlrichlia.eoni 800-626-4577 Authenticity of this bond can be confirmed at bone[valid;ltot•.ztn•iclun;t.coni or 410-559-8790 Texas important Notice IMPORTANT NOTICE To obtain information or make a complaint: You may call Zurich North America's toll -free telephone number for information or to make a complaint at: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@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. 0 ZURICH AVISO IMPORTANTE Para obtener informaci6n o para presentar una queja: Usted puede Ilamar al nOmero de telefono gratuito de Zurich North America's para obtener informacion o para presentar una queja al: 1-800-382-2150 Usted puede comunicarse con el Departamento de Se- guros de Texas para obtener informacion sobre com- pantas, coberturas; derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con una reclamaci6n, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para prop6sitos informativos y no se con- vierte en parte o en condici6n del documento adjunto. U-GU-296-E (06/15) Page 1 of 1 Bond No. 9439369 Brookfield Water Control and Imnrovement District PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON PRINCIPAL Glenn Thurman, Inc. PERFORMANCE BOND Contract Date 1211512023 Date Bond Executed 1211512023 SURETY Colonial American Casualty and Surety Company and Fidelity and Deposit Company of Maryland OWNER Brookfield Water Control and Imnrovement District PENAL SUM OF BOND (in words and figures) One Million, Nine Hundred Eleven Thousand, One Hundred Fifty One and 05/100 Dollars ($1,911,151.05) being 100 percent of the Contract Price. CONTRACT for Construction of Lone Star at Liberty Trails Phase 1 B - Paving Improvements, City of Fort worth, ETJ, Denton County, Texas (the "Contract"). KNOW ALL PERSONS BY THESE PRESENTS, that we, Principal and Surety above named, are held and firmly bound unto Owner, its successors and assigns, in the penal sum of the amount stated above, for the payment of which sum well and truly to be made, we bind ourselves and our respective heirs, executors, administrators, officers, directors, shareholders, partners, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal entered into that certain Contract with Owner, which Contract is exoressh, incorporated herein for all purposes. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if Principal well and truly performs the work in accordance with the plans, specifications and any other contract documents, during the original term of the Contract and any extensions thereof that may be granted by Owner, with or without notice to Surety, and during the life of any guaranty or warranty required under the Contract, then this obligation is void; otherwise it is to remain in full force and effect. Should the Principal fail to faithfully and strictly perform the work as required by the Contract in all its terms, the Surety will be liable for all damages, losses, expenses and liabilities that the Owner may suffer in consequence thereof. This Bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions contained herein and in the Contract are applicable whether or not within the scope of said statute. Surety hereby agrees, for value received, that no change, extension of time, alteration or addition to the terms of the Contract or to work performed under the Contract, or to the plans, specifications or drawings accompanying the Contract, will in any way affect its obligations on this Bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder. The bound parties have executed this instrument pursuant to authority of their respective governing body, to be effective on the same date of the Contract. Pe,fonnance Bond 1 of 3 JUNE 1, 2018 Brookfield Water Control and Improvement District Glenn Thurman, Inc PRINCIF A� By Name on Juan Title d Prasl*Ort Address 3212 Pioneer Rd. Balch Springs, TX 75180 Colonial American Casualty and Surety Company jqnd Fidelity ano Deposit CQmpanv of Marv_ land SURETY By��.r� Jr./ Name Robbi Morales Title Attorney -in -fact (SEAL) PERFORMANCE BOND ATTEST By f Name Richard WD1 Title CONTRACT MANAGER (SEAL) ATTEST By Name Tina McEwan Title Client Specialist Physical Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Mailing Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Telephone: 214/ 989-0000 Local Recording Agent Personal Identification Number: 1124589 Agency Name: Aon Risk Services Southwest, Inc. Agency Address 5005 LBJ Freeway, Suite 1500, Dallas, TX 75244 Agency Telephone 214/989-0000 Surety must attach its original Power of Attorney to this Bond. Performance Bond 2 of 3 JUNE 1. 2018 Brookfield Water Control and Improvement District PERFORMANCE BOND CERTIFICATE AS TO CORPORATE PRINCIPAL I, .$, O AAA , certify that I am the secretary of the corporation named as Principal in the ond; that Chad S01'l JUQn who signed the Bond on behalf of Principal, was then Mce PWS1091t of the corporation; that I know his or her signature, and his or her signature is genuine; and that the Bond was duly signed for and on �elialf of the coyporation by authority of its governing body, A4At (Corporate Seal) Signature of Corporate Secretary ATTACH POWER OF ATTORNEY Pedmmance Bond 3 of 3 JUNE 1, 2018 Bond No. 9439369 Brookfield Water Control and Improvement District STATE OF TEXAS COUNTY OF DENTON PRINCIPAL Glenn Thurman, Inc. PAYMENT BOND PAYMENT BOND Contract Date 1211512023 Date Bond Executed 1211512023 SURETY Colonial American Casualty and Surety Company and Fidelity and Deposit Company of Maryland OWNER Brookfield Water Control and Improvement District PENAL SUM OF BOND (in words and figures) One Million, Nine Hundred Eleven Thousand, One Hundred Fifty One and 05/100 Dollars ($1,911,151.05) being 100 percent of the Contract Price. CONTRACT for Construction of Lone Star at Liberty Trails Phase 113 - Paving Improvements, City of Fort Worth, ETJ, Denton County, Texas (the "Contract"). KNOW ALL PERSONS BY THESE PRESENTS, that we, Principal and Surety above named, are held and firmly bound unto Owner, its successors and assigns, in the penal sum of the amount stated above, for the payment of which sum well and truly to be made, we bind ourselves and our respective heirs, executors, administrators, officers, directors, shareholders, partners, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal entered into that certain Contract with Owner, which Contract is exoressiv incorporated herein for all ourooses. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if Principal shall promptly pay claimants for all labor, subcontracts, materials and specially fabricated materials performed or furnished under or by virtue of the Contract, and duly authorized modifications and normal and usual extras thereto, notice of which modifications to Surety being hereby waived, then this obligation shall be void, otherwise to remain in full force and effect. Should Principal fail to promptly pay claimants for all labor, subcontracts, materials and specially fabricated materials performed or furnished under or by virtue of the Contract, Surety is hereby bound to make such payments on behalf of Principal up to a total aggregate amount equal to the penal sum of the bond. Labor, subcontracts, materials, and specially fabricated materials shall be construed in accordance with Chapter 2253, Texas Government Code. PROVIDED, HOWEVER, that Owner having required Principal to furnish this Bond in order to comply with the provisions of Chapter 2253, Texas Government Code, all rights and remedies on this Bond shall inure solely to such claimants and shall be determined in accordance with the provisions, conditions, and limitations of the aforesaid Government Code to the same extent as if they were copied at length herein. The bound parties have executed this instrument pursuant to authority of their respective governing body, to be effective on the same date of the Contract. Payment Bond 1 of 3 JUNE 1, 2018 Brookfield Water Control and Improvement District Glenn Thurman, Inc. PRINCIP By Name Cho%j San ,Juan Title MCe 1 MSLCWA Address 3212 Pioneer Rd. Balch Springs, TX 75180 Colonial American Casualty and Surety Company and Fidelity and Deposit Comvanvof Maryland SURETY By�1�,� l.f� Name Robbi Morales Title Attorney -in -fact (SEAL) PAYMENT BOND ATTEST By Name ard M.0le# Title CONTRACT MANAGER (SEAL) ATTEST By Name Tina McEwan Title Client Specialist Physical Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Mailing Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Telephone: 214/989-0000 Local Recording Agent Personal Identification Number: 1124589 Agency Name: Aon Risk Services Southwest, Inc. Agency Address 5005 LBJ Freeway, Suite 1500, Dallas, TX 75244 Agency Telephone 214/989-0000 Surety must attach its original Power of Attorney to this Bond. Payment Bond 2 of 3 JUNE 1, 2018 Brookfield Water Control and lmorovement District PAYMENT BOND CERTIFICATE AS TO CORPORATE PRINCIPAL 1, S.l t L 14 P v./ , certify that I am the secretary of the corporation named as Principal in the Bond; that C C, i'Z17 � ,7 who signed the Bond on behalf of Principal, was then `` ���� of the corporation; that I know his or her signature, and his or her si��rTuirie; and that the Bond was duly signed for and on ehalf of thration by authority of its governing body. e c o fAQ.Jt-t,' (Corporate Seal) Signature of Corporate Secretary ATTACH POWER OF ATTORNEY Payment Bond 3 of 3 JUNE 1. 2018 Bond No. 9439369 Brookfield Water Control and Improvement District MAINTENANCE BOND STATE OF TEXAS MAINTENANCE BOND Contract Date 12/15/2023 COUNTY OF DENTON Date Bond Executed 1211512023 PRINCIPAL Glenn Thurman, Inc. SURETY Colonial American Casualty and Surety Company and Fidelity and Deposit Company of Maryland OWNER Brookfield Water Control and Improvement District PENAL SUM OF BOND (in words and figures) one Million, Nine Hunded Eleven Thousand, One Hundred Fifty One and 05/100 Dollars ($1,911,151.05) being 100 percent of the Contract Price, CONTRACT for Construction of Lone Star at Liberty Trails Phase I B - Paving Improvements, City of Fort Worth, ETJ, Denton County, Texas (the "Contract"). KNOW ALL PERSONS BY THESE PRESENTS, that we, Principal and Surety above named, are held and firmly bound unto Owner, its successors and assigns, in the penal sum of the amount stated above, for the payment of which sum well and truly to be made, we bind ourselves and our respective heirs, executors, administrators, officers, directors, shareholders, partners, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal entered into that certain Contract with Owner, which Contract is exoressly incomorated herein for all nurnoses. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if Principal well and truly repair any and all defects in the work occasioned by or resulting from defects in materials furnished by, or workmanship of, the Principal in performing the work covered by the Contract, including any guaranty or warranty required under the Contract, then this obligation is void; otherwise it is to remain in full force and effect. Should the Principal fail to well and truly repair any and all defects in the work occasioned by or resulting from defects in materials furnished by, or workmanship of, the Principal in performing the work as required by the Contract in all its terms, the Surety will be liable for all damages, losses, expenses and liabilities that the Owner may suffer in consequence thereof. The parties intend this maintenance bond to be a common law bond to be constructed in accordance with Texas law. Surety hereby agrees, for value received, that no change, extension of time, alteration or addition to the terms of the Contract or to work performed under the Contract, or to the plans, specifications or drawings accompanying the Contract, will in any way affect its obligations on this Bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder. The bound parties have executed this instrument pursuant to authority of their respective governing body, to be effective on the same date of the Contract. Maintenance Bond 1 of 3 JUNE 1, 2018 Brookfield Water Control and Improvement District Glenn Thurman, Inc. PRINCIP By JL Name Sari '1uon Title vice Pr&3Si tv" Address 3212 Pioneer Rd. Balch Springs, TX 75180 Colonial American Casualty and Surety Company and Fidelity and Deposit Company of Maryland SURETY By Name Robbi Morales Title Attorney -in -fact (SEAL) MAINTENANCE BOND ATTEST By i Name RiChard r plefi Title CONTRACT MANAGER (SEAL) ATTEST By "IS-- Name Tina McEwan Title Client Specialist Physical Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Mailing Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Telephone: 214/989-0000 Local Recording Agent Personal Identification Number: 1124589 Agency Name: Aon Risk Services Southwest, Inc. Agency Address 5005 LBJ Freeway, Suite 1500, Dallas, TX 75244 Agency Telephone 214/989-0000 Surety must attach its original Power of Attorney to this Bond. Maintenance Bond 2 of 3 JUNE 1, 2019 Brookfield Water Control and lmmovement District MAINTENANCE BOND CERTIFICATE AS TO CORPORATE PRINCIPAL I, LP.s-lr f-_ c rti at i am the secretary of the corporation named as Principal in the Bond; that ��r I . who signed the bond on behalf of Principal, was then Mee Frosldoni of the corporation; that I know his or her signature, and his or her signature is genuine; and that the Bond was duly signed for and on behalf _9fthe corporatiop by authority of its governing body. ( -ip. %dil . (Corporate Seal) Signature of Corporate Secretary ATTACH POWER OF ATTORNEY Maintenance Bond 3 of 3 JUNE 1, 2018 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Ricardo J. REYNA, Tina MCEWAN, Don E. CORNELL, Joshua SAUNDERS, Robbi MORALES, Sophinie HUNTER, Kelly A. WESTBROOK, Tonie PETRANEK, Mikaela PEPPERS of Dallas, Texas, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of September, A.D. 2023. i`I�p'µl!llly"" �`\tPilll//j i ,,,11551111r " r 41'aR9`Fz."`` 4POR�M�% °per Q.P0� �s y �'SEALfi °Slr4Lm = J wllwu"' ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President �gGl/iL 4 cdw�,__ By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 14th day of September, A.D. 2023, before the subscriber, allotary Public of the State of Maryland, duly commissioned and qualified, Robert A Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally !mown to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swum, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. j20evieve M. Maison VE,At +cy3 OENEMEVEM.MAISON NarARYPUItIIC BALTIMOREOOUtJT1;MD er/utfi" My Commission F*el JANUARY 27, 2025 lrlrll ll+�`\ Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Texas Important Notice IMPORTANT NOTICE To obtain information or make a complaint: You may call Zurich North America's toll -free telephone number for information or to make a complaint at: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@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. ZURICH AVISO IMPORTANTE Para obtener informaci6n o para presentar una queja: Usted puede Ilamar al numero de telefono gratuito de Zurich North America's para obtener informaci6n o para presentar una queja al: 1-800-382-2150 Usted puede comunicarse con el Departamento de Se- guros de Texas para obtener informaci6n sobre com- panias, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con una reclamaci6n, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para prop6sitos informativos y no se con- vierte en parte o en condici6n del documento adjunto. U-GU-296-E (06/15) Page 1 of 1 W KERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY W 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 Specific Waiver Name of person or organization (Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: 2 0 The premium charge for this endorsement shall be ° 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: 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 Insured Glenn Thurman Inc Insurance Company BITCO National Insurance WC420304B (Ed. 6-14) WZ"6252 Endorsement No. Premium Countersigned by BITCO National Insurance © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 1-94) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: 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 r6252 Endorsement No. Insured GlennThurman Inc Premium: Insurance Company Countersigned by BITCO National Insurance BITCO National Insurance WC420601 (Ed. 1-94) Package — CLP3736253 THIS ENDORSENENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. �: •• . 49". This endorsement modifies insurance provided under the following: CONNERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an XI in the box next to the caption of such provision. A U Partnership and Joint Venture Extension N. I X I Construction Project General Aggregate Limits B. X Contractors Automatic Additional Insured Coverage — Ongoing Operations C. X Automatic Waiver of Subrogation D. X Extended Notice of Cancellation, Nonrenewal E. X Unintentional Failure to Disclose Hazards F. Broadened Mobile Equipment X G. U Personal and Advertising Injury - Contractual Coverage H. X Nonemployment Discrimination I. X Liquor Liability J. X Broadened Conditions K Automatic Additional Insureds — X Equipment Leases L. X Suits Against Dredges and Barges M. X Insured Contract Extension - Railroad Property and Construction Contracts A PARTNERSHIP AND JOINT VENTURE EXTENSION O. U Fellow Employee Coverage P. X Property Damage Liability - Elevators Q. X Care, Custody or Control R X Electronic Data Liability Coverage S. X Consolidated Insurance Program Residual Liability Coverage T. L X _I Automatic Additional Insureds — Managers or Lessors of Premises U. U Automatic Additional Insureds— State or Governmental Agency or Political Subdivisions — Permits or Authorizations V. I X I Contractors Automatic Additional Insured Coverage — Completed Operations W. XI Additional Insured— Engineers, Architects or Surveyors The following provision is added to SECTION II - WHO IS AN INSURED : The last full paragraph which reads as follows: 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. GL-3086 (10/19) -1- is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of "your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work" in connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE— ONGOING OPERATIONS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in Mole or in part, by: Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV - COMVERCIAL GENERAL LIABILITY CONDITIONS , is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a 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 those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of "your work" for that person or organization. GL-3086 (10/19) -2- D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A2.b. of the COMMON POLICY CONDITIONS , is deleted and replaced with the following: A2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a above. E UNINTEMONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b. of SECTION V - DEFINITIONS , is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY -CONTRACTUAL COVERAGE Exclusion 2.e. of SECTION I, COVERAGE B is deleted. H. NONEMPLOYNEJVT DISCRIMINATION Unless "personal and advertising injury" is excluded from this policy: Item 14. of SECTION V- DEFINITIONS , is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by "discrimination." SECTION V - DEFINITIONS , is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. GL-3086 (10/19) -3- Item 2. Exclusions of SECTION I, COVERAGE B , is amended to include: "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; "Personal and advertising injury" arising out of "discrimination" by or at your, your agents or your "employees" direction or with your, your agents or your "employees" knowledge or consent; "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination." I. LIQUOR LIABILITY Exclusion 2.c. of SECTION I, COVERAGE A , is deleted. J. BROADENED CONDITIONS Items 2.a and 2.b. of SECTION IV - COMVERCIAL GENERAL LIABILITY CONDITIONS, are deleted and replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: a You must see to it that we are notified of an "occurrence" or an offense which may result in a claim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an "employee" designated to give notice to us. 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) Record the specifics of the claim or "suit" and the date received as soon as you, one of your officers, or an "employee" designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the claims or "suit." Item 2.e. is added to SECTION IV - COMVERCIAL GENERAL LIABILITY CONDITIONS 2.e. If you report an "occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such "occurrence" to us at the time of "occurrence" shall not be deemed in violation of paragraphs 2.a, 2.b., and 2.c. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim. GL-3086 (10/19) -4- K AUTOMATIC ADDITIONAL INSUREDS- EQUIRVIENT LEASES SECTION II - WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. 'Bodily injury" or "property damage" occurring after you cease leasing the equipment. 2. 'Bodily injury" or "property damage" arising out of the sole negligence of the additional insured. 3. "Property damage" to: a Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance wi I I be excess. L SUITS AGAINST DREDGES AND BARGES We agree that any "suit" in rem against any dredge or barge owned, operated by or for you, and used in your operations, shall in all respects be treated in the same manner as though the "suit" were against you. This coverage is excess over and above any specific insurance on any dredge or barge owned, operated by or for you, and used in your operations. 11 ► 11 : * V—k011: nuel I *N1 = ►! �,► : _ a� _ �a�.� a\ _ ► ��.►+'il: .ail �,� ��,►11: _ «ll+ Item 9. of SECTION V - DERNITIONS , is deleted and replaced with the following. 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; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; a An elevator maintenance agreement; GL-3086 (10/19) -5- 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 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 (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. N. CONSTRUCTION PROJECT GENERAL AGGREGATE L IMTS This modifies SECTION III - LJMTS OF INSURANCE . A For all sums which can be attributed only to ongoing operations at a single construction project for Mich the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. GL-3086 (10/19) -6- B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C : 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of "bodily injury' or "property damage" included in the "products - completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E The provisions of SECTION III - LIMTS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. O. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. '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: (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. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) Liability arising from any action or omission of a co -"employee" while that co -"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a. (1)(a) of SECTION II - WHO IS AN INSURED , is deleted and replaced with the following: 2.a (1)(a) To you, to your partners or members (if you are mpership or joint venture) or to your a I members (if you are imited liability company), or to your "volunteer workers" while performing duties related to the conduct of your business. GL-3086 (10/19) -7- P. PROPERTY DAMAGE LIABILITY- ELEVATORS "Property damage" liability is changed as follows: 1. Exclusions 2.j.(3) and 2.j.(4) of SECTION I, COVERAGE A , do not apply to the use of elevators. 2. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed accordingly. • � •� •- •• -• Exclusion 2.j.4 of SECTION I, COVERAGE A is deleted and replaced with the following: 2.j.4 Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing Mere there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III - LIMITS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each 'occurrence." Our limit of liability under the endorsement as being applicable to each 'occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of 'occurrence," claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. R. ELECTRONIC DATA LIABILITY COVERAGE A Exclusion 2.p. of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY in SECTION I —COVERAGES is replaced by the following: 2. Exclusions This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability Damages arising out of: GL-3086 (10/19) -8- (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". B. The following is added to Paragraph 2. EXCLUSIONS of SECTION I — COVERAGE B — PERSONAL AND ADVERTISING INJURY UABIUTY: 2. Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. C. The following definition is added to Section V— DEFINITIONS : "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. D. For the purposes of this coverage, the definition of "property damage" in SECTION V — DEFINITIONS is replaced by the following: "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; 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; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. Al such loss of "electronic data" 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. GL-3086 (10/19) -9- S. CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIABILITY COVERAGE With respect to "bodily injury', "property damage", or `personal and advertising injury' arising out of your ongoing operations; or operations included within the "products -completed operations hazard', the policy to Mich this coverage is attached shall apply as excess insurance over coverage available to "you" under a Consolidated Insurance Program (such as an Omer Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Section V— Definitions "Residential project" means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A "residential project" does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. Al other terms, provisions, exclusions and limitations of this policy apply. T. AUTOMATIC ADDITIONAL INSUREDS - MANAGERS OR LESSORS OR PREMSES SECTION II — WHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: Any `occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance wi I I be excess. U. AUTOMATIC ADDITIONAL INSUREDS — STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISIONS — PERMITS OR AUTHORIZATIONS SECTION II — WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. GL-3086 (10/19) -10- This insurance does not apply to: "Bodily injury', "property damage" or "personal and advertising injury' arising out of operations performed for the federal government, state or municipality; or 2. "Bodily injury' or "property damage" included within the "products -completed operations hazard'. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the project designated in the contract, performed for that additional insured and included in the "products -completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. W. DDITIONAL INSURED— ENGINEERS, ARCHITECTS OR SURVEYORS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in Mole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. GL-3086 (10/19) -11- With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: 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 insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3086 (10/19) -12- POLICY NUMBER: CAP3736254 CONNERC)AL AUTO CA20481013 THS ENOORSFJVFIYf CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGITIZIM�"p "IN] O.A. I F.111 :�� I I I Wak'slyk M-1, R This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Wlth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. NWTed Insured: GLENN THURM INC / Thurman Transporations, Inc.GTI Energy Services, LLC :.,,FEN IveDate: 11/1/2023 Name Of PWson(s) Or OrganizatiorKs): Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all the provisions and limitations of this policy. Information required to cornJete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Purge 1 of 1 POLICY NUMBER: CAP3736254 CONNERdAL AUTO CA04441013 THS ENOOF EA* f CHANCES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF FRIGHT'S OF RECOVERY AGAINST OTHERS T aVER OF SUBROGAMON) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Wlth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named insured: GLENN THURMAN INC / Thurman Trarnsporartions, Inc.GTI Energy Services, LLC & J...,�.:. G 3fective Date: 11/1/2023 Names) Of Person(s) Or Organization(s): "Any person or organization for whom the named insured is operating under written contract when such contract requires a waiver of subrogation." Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Trwider Of Fights Of Recovery Against Others To U6 Q-x Jltion does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization. CA04441013 ©Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 01 (Ed.4-84) ALTERNATE EMPLOYER ENDORSEMENT This endorsement applies only with respect to bodily injury to your employees while in the course of special or temporary employment by the alternate employer in the state named in the Schedule. Part One (Workers Compensation Insurance) and Part Two (Employers Liability Insurance) will apply as though the alternate employer is insured. Under Part One (Workers Compensation Insurance) we will reimburse the alternate employer for the benefits required by the workers compensation law if we are not permitted to pay the benefits directly to the persons entitled to them. The insurance afforded by this endorsement is not intended to satisfy the alternate employer's duty to secure its obligations under the workers compensation law. We will not file evidence of this insurance on behalf of the alternate employer with any government agency. We will not ask any other insurer of the alternate employer to share with us a loss covered by this endorsement. Premium will be charged for your employees while in the course of special or temporary employment by the alternate employer. The policy may be canceled according to its terms without sending notice to the alternate employer. Part Four (Your Duties If Injury Occurs) applies to you and the alternate employer. The alternate employer will recognize our right to defend under Parts One and Two and our right to inspect under Part Six. Alternate Employer If required by written contract Schedule Address State of Special or Temporary Employment 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 11 /1 /2023 BITCO National Insurance Company WC 00 03 01 (Ed.4-84) Policy No. WC3736252 Countersigned by Endorsement No. Premium © 1984 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. 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 (Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: 0 The premium charge for this endorsement shall be 2 ° percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: 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 Insured Glenn Thurman Inc Insurance Company BITCO National Insurance WC420304B (Ed. 6-14) W6252 Endorsement No. Premium Countersigned by BITCO National Insurance © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 1-94) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: 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 Insured GlennThurman Inc Insurance Company BITCO National Insurance WC420601 (Ed. 1-94) ft":5-M6252 Endorsement No. Premium: Countersigned by BITCO National Insurance Package — CLP3736253 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: It is agreed that the provisions listed below apply only upon the entry of an OX in the box next to the caption of such provision. A FX Partnership and Joint Venture Extension N. OX Construction Project General Aggregate Lints B. OX Contractors Automatic Additional Insured Coverage — Ongoing Operations C. FX Automatic Waiver of Subrogation D. U Extended Notice of Cancellation, Nonrenewal E OX Unintentional Failure to Disclose Hazards F. I X � Broadened Mobile Equipment G. 0 Personal and Advertising Injury - Contractual Coverage H. 1_�X] Nonemployment Discrinnation I. FX Liquor Liability J. OX Broadened Conditions K FYJ Automatic Additional Insureds — Equipment Leases L. F Suits Against Dredges and Barges M. C Insured Contract Extension - Railroad Property and Construction Contracts O. X Fellow Employee Coverage P. 0 Property Damage Liability- Elevators Q F Care, Custody or Control R. F7X Electronic Data Liability Coverage S. F7X Consolidated Insurance Program Residual Liability Coverage T. FX Automatic Additional Insureds —Managers or Lessors of Premises U. I XI Automatic Additional Insureds —State or Govemmental Agency or Political Subdivisions — Permits or Authorizations V. FXI Contractors Automatic Additional Insured Coverage — Completed Operations W. FX Additional Insured —Engineers, Architects or Surveyors The following provision is added to SECTION II - WHO IS AN INSURElD : The last full paragraph which reads as follows: 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. GL-3086 (10/19) -1- is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Narred Insured in the Declarations and of which you are or were a partner or member, you are an insured; but only with respect to liability arising out of "your worm' on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work' in connection with your interest in such partnership or joint venture. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury caused, in Mole or in part, by. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply. This insurance does not apply to "bodily injury' or "property damage" occurring after. 1. Al work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be perfornned by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in pertomning operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event. this insurance WWI be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item & of SECTION IV - COiV111EFOAL GENERAL LIABILITY CONDMONS , is deleted and replaced with the following: & Transfer of Frights of R =mFy Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment vve have rnade under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them b. If required by a written contract executed prior to loss. we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of "your work' for that person or organization. GL-3086 (10/19) -2- r �.�i�►Ir, r ►.�n � �, a ►.�� _ 1 �.► ►.�.►I:,�► aid/_�� Item Alb. of the COMMON POLJCY CONDMONS , is deleted and replaced with the following: Alb. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL UABILJTY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a If we choose to nonrenew this policy, we will mil or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. V\here not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a above. E UNNTEMONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. Item 12b. of SECTION V - DEFINfTIONS , is deleted and replaced with the following: 12b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY -CONTRACTUAL COVERAGE Exclusion 2e. of SECTION I, COVERAGE B is deleted. H. NONE PLOYNENT DISCRIMNATION Unless "personal and advertising injury' is excluded from this policy: Item 14. of SECTION V- DERNfTIONS , is amended to include: "Personal and advertising injury' also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by "discrimination." SECTION V - DEFIN ONS , is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. GL-3086 (10/19) -a- Item 2. Exdusions of SECTION I, COVERAGE B , is amended to include: "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; "Personal and advertising injury' arising out of "discrimination" by or at your, your agents or your "employees" direction or with your, your agents or your "employees" knowledge or consent; "Personal and advertising injury' arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination." I. LIQUOR UABILrfY Exdusion 2.c. of SECTION I, COVERAGE A , is deleted. Items 2.a. and 2.b. of SECTION IV -SAL GENERAL LIABILITY CONDMCNS , are deleted and replaced with the following: 2. Duties In The Event Of Ocaurenc% Offense, Claim Or Suit: a You must see to it that we are notified of an "occurrence" or an offense which may result in a claim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an "employee" designated to give notice to us. 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) Record the specifics of the claim or "suit" and the date received as soon as you, one of your officers, or an "employee" designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the claims or "suit." Item 2.e. is added to SECTION IV - COMMERCIAL GOAL LIABILITY CONDMONS 2.e. If you report an "occurrence" to your workers conmpensation insurer which develops into a liability claim for vvhich coverage is provided by the Coverage Form, failure to report such "occurrence" to us at the time of "oocurrence" shall not be deemed in violation of paragraphs Za, 2.b., and 2.c. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim GL-3086 (10/19) -4- SECTION Il - WHO IS AN INSUFED is amended to indude any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: "Bodily injury"or "property damage" occurring after you cease leasing the equipment. 2 "Bodily injury' or "property damage" arising out of the sole negligence of the additional insured. & 'Property damage" to: a Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, a.rstody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written oontract requires this insurance to be primary. In that event, this insurance will be primary relative to insuranoE� policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-ccntdbutory_ But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. M agree that any "suit" in rem against any dredge or barge owned, operated by or for you, and used in your operations, shall in all respects be treated in the same manner as though the "suit" were against you. This coverage is excess over and above any specific insurance on any dredge or barge owned, operated by or for you, and used in your operations. -,�• •• - > > • - - • ri ri •• • •• Item 9. of SECTION V - DEFINITIONS , is deleted and replaced with the following. 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 prenses while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; a Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; a An elevator maintenance agreement; GL-3086 (10/19) -5- f. That part of any other contract or agreement pertaining to your business (including an indernnification of a municipality in connection with work performed for a municipality) under Mich 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 indermifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, reaps, 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 (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. N. CONSTRUCTION PROJECT GENERAL AGGREGATE UMTS This modifies SECTION III - LIMITS OF INSURANCE . A. For all sums which can be attributed only to ongoing operations at a single construction project for Mich the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C : 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2 The Construction Project General Aggregate limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a Insureds; b. aaims made or "suits" brought; or c. Persons or organizations malting claims or bringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4k The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. GL-3086 (10/19) -6- B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C : 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amourd available under the General Aggregate Limit or the Products- Corrpleted Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E The provisions of SECTION III - LINfTS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. "Bodily injury' to (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Perfoming duties related to the conduct of the insureds business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) 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. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract'; or (2) liability arising from any action or omission of a co2employee" while that co -"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a. (1xa) of SECTION II - V*D IS AN INSURED , is deleted and replaced with the following: 2.a. (1xa) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company), or to your 'volunteer workers" while performing duties related to the conduct of your business. GL-3086 (10/19) -7- P. PROPERTY DAMAGE LIABILITY - ELEVATORS "Property damage" liability is changed as follows: 1. Exclusions 2j.(3) and 2j.(4) of SECTION I, COVERAGE A , do not apply to the use of elevators. 2 The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed accordingly. Exclusion 2jA of SECTION I, COVERAGE A is deleted and replaced with the following: 2 A Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III - LIMITS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "occurrerroe," claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any dais or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. R ELECTRONIC DATA LIABILITY COVERAGE A Exdusion 2p. of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY in SECTION I —COVERAGES is replaced by the following: 2 Exclusions This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Infonriation And Data -Related Liability Damages arising out of: GL-3086 (10/19) -8- (1) Any access to or disclosure of arty person's or organization's confidential or personal information, induding patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property This exclusion applies even if damages are daimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. Hmever, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury'. B. The following is added to Paragraph 2- EXCLUSIONS of SECTION I — COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY: 2- Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury' arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss. cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. C. The following definition is added to Section V—DERNITIONS : "Electronic data' means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (inducing systems and applications software), hard or floppy disks, CD-POMS, tapes, drives, cells, data processing devices or any other media which are used With electronically controlled equipment. D. For the purposes of this coverage, the definition of "property damage" in SECTION V— DEF1NI110NS is replaced by the following: 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; b. Loss of use of tangible property that is not physically injured. Al such lass of use shall be deemed to occur ad the time of the "occurrence" that caused it; or a Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" 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. GL-3086 (10/19) -9- With respect to "bodily injury', "property damage", or `personal and advertising injury' arising out of your ongoing operations; or operations included within the "products -completed operations hazard', the policy to Mich this coverage is attached shall apply as excess insurance over coverage available to `yod' under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Section V— Definitions "Residential project" means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, corxiominiun-s, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A `residential project" does not include military owned housing, collegeluniversity owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. Al other temms, provisions, exclusions and limitations of this policy apply. SECTION II — WHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2 Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. U. AUTOMATIC ADDMONAL INSUREDS — STATE OR GOVERfV1 IENTAL AGENCY OR POLII ICAL SUBDIVISIONS— PERMffS OR AUTHORIZATIONS SECTION II — WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or aulhahzation. GL-3086 (10/19) -10- This insurance does not apply to: "Bodily injury', "property damage" or "personal and advertising injury' arising out of operations performed for the federal govemment, state or municipality; or 2 `Bodily injury' or "property damage" included within the "products -completed operations hazard'. This insurance is excess of all other insurance available to the additional insured, whether phrnary, excess, contingent or on any other basis, unless the written contract requires this insurance to be pftary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. SECTION II — VM IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury' or "property damage" caused, in whole or in part, by 'your work" at the project designated in the contract, performed for that additional insured and included in the "products -completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be prirnary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. SECTION II — VM IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2 The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. GL-3086 (10/19) -11- With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services, 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 insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3086 (10/19) -12- POLICY NUNBM' CAP3736254 C ON►vFApAL AUTO CA2D481013 •-• '+ ZBY.A I I Ito., • I :' 0!1 WM This endorsement modifies insurance provided under the following: 1Mth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this enc1ui au , u ,L This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form This erx1,, o,, , 4, IL does not after coverage provided in the Coverage Form This enJi.,+,=.�,".t changes the policy effective on the inception date of the policy unless another date is irdc ated below. Nwed Insured: GLENN THURMAN INC / Thurman Transporations, Inc.GTI Energy Services, LLC g �,mpate: 11/1/2023 Name Of P�ersor>(s) Or OrganizEMorKs): Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all the provisions and limitations of this policy. Information required to corrpfete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Cavered Autos liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section 11 - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forrns and Paragraph 13.2 of Section 1 - Covered Autos Coverages of the Auto Dealers Coverage Form CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Pagel of 1 POLICYNUMBER: CAP3736254 COMKWJ OALAUTO CA04441013 THS ENOOMEMENT CHANGES TFE POLICY. PLEASE READ rr CaREAxLY. WAIVER OF TRANSF OF FAGHM OF RECOVERY AGAINST OTHERS i u uz.) (WAIVER OF SUBROGATIC" This encly, r-, d modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUST NESS AUTO SAGE FORM MOTOR CARRIER COVERAGE FORM Wth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the erK6 ro,,L This er G d changes the policy effective on the inception date of the policy unless another date is indcated below. Named Insured: GLENN THURMAN INC/ Thurman Transporations, Inc.GTI Energy Services, LLC "e Date: 11I1I2023 Narre(s) Of Person(s) Or Organization(s): "Any person or organization for whom the named insured is operating under written contract when such contract requires a waiver of subrogation." Information required to compete this Schedule, if not shown above, will be shown in the Declarations. The Trartsfer Of F:jgMs Of Ae� Against Others To W ,,1Gon does not apply to the person(s) or organizations) sriowr► in the Sdiedole. but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 01 (Ed. 4-84) ALTERNATE EMPLOYER ENDORSEMENT This endorsement applies only with respect to bodily injury to your employees while in the course of special or temporary employment by the alternate employer in the state named in the Schedule. Part One (Workers Compensation Insurance) and Part Two (Employers Liability Insurance) will apply as though the alternate employer is insured. Under Part One (Workers Compensation Insurance) we will reimburse the alternate employer for the benefits required by the workers compensation law if we are not permitted to pay the benefits directly to the persons entitled to them. The insurance afforded by this endorsement is not intended to satisfy the alternate employer's duty to secure its obligations under the workers compensation law. We will not file evidence of this insurance on behalf of the alternate employer with any government agency. We will not ask any other insurer of the alternate employer to share with us a loss covered by this endorsement. Premium will be charged for your employees while in the course of special or temporary employment by the alternate employer. The policy may be canceled according to its terms without sending notice to the alternate employer. Part Four (Your Duties If Injury Occurs) applies to you and the alternate employer. The alternate employer will recognize our right to defend under Parts One and Two and our right to inspect under Part Six. Alternate Employer If required by written contract Schedule Address State of Special or Temporary Employment 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 11 /1 /2023 BITCO National Insurance Company WC000301 (Ed. 4-84) © 1984 National Council on Compensation Insurance. Policy No. WC3736252 Countersigned by Endorsement No. Premium EXHIBIT E SPECIAL CONDITIONS EXCAVAT ONI/CfJiM4F74CTION SPECIFIC n-r1ni.I: All fi�P- �� -in cbzcrdans• wits tha City of Fort Wef�:W geete hiii al engine�"'� ara cpc--j.fin,;tior/j fap4hi3 V-3jm-t. .6,11enacvztic:: �nr:titix cl�.11 be 2. GOVERNING PUBLIC AUTHORITY SPECIFICATION: All work dedicated to the Governing Public Authority shall be performed in accordance with their Standard Construction Details and Specifications. Questions regarding Governing Public Authority standards and specifications should be referred to the City. If a specification is not provided for any portion of the Contractor's Work, the Contractor shall notify the Engineer immediately before commencing said Work. OBSTRUCTIONS: Relocation of franchise poles and underground franchise utilities, and similar items will be performed by Owner, except where otherwise indicated. The Contractor shall coordinate and plan his work around such relocation or removal. 4. WATER FOR CONSTRUCTION: All water required shall be furnished by the Contractor at his expense. Water shall be clean and potable. 6XCAVAT ON/2-A LANCE: The€arthwor-k-Co ntractaf shall ke p '.,So E�r9�.eer infeFme� cF t'c Ayefk4-prcgfssc iur-ng tki o,n'.vkticr: rha✓r cf '20�rnluctiom, ca Engin v arm r-,ake grading adjuwawanz, ,f Tl►rr intent ii to �l!�r,J�*ate �n a cv-Aiti3r, ►+fro Vraxl Ln 3:.".a►1 off Me beerl-Vm-1i7AAky IT;p"red wit h -- vio:h hc-a been fie! stive3v4 �x vcrif.;atio n. It is Nks G-Atra v'a respendil;Ii7j to -jentet,t the Engineer- f » fel.d . ..; fieat'en. WET UTILITY BXCAVAT19N/TRENC?-i�LS: T:-e---W;1. rUtilitty Conte olhall haul clad- ►ttili y t^File t3 a- uK cAsite of an a d aee ff"o cc by the Gel}stxigtierl Mfiffw.��'.Jo: O��vr'rst_preaertati`�. All op3il as in p��N oroilc (bw-lt y,- -at tmeit Tw6c). c utility cons"etion. 7. EXCAVATION/TRENCH SPOILS (OTHER THAN WET UTILITY SPOILS): Excess spoil material from all construction, including but not limited to franchise utilities and retaining walls, shall be wasted on site or on adjacent site in areas determined by the Construction Manager and/or Owner's Representative. Contractors will not disburse any spoils until Construction Manager and/or Owner's Representative issues written instructions as to where spoils shall be placed. Spoils shall contain no rocks larger than 4" in diameter. Contractors are responsible for their spoils. All spoil distribution will be considered incidental to construction. All spoils material shall be defined as in place spoils (bank yards not truck yards). °. CRADINC TOLOIAANCES: Tyr Vr- mrgc*J-Vv3 n ley' to within n in fee, oft�c ld^-n gaides- riN w-Ad lily contruction.TheOwner-'sSupveyeF rif aAtio . of rtr.^- s,.�.,...^aes afteF ��� ''��•���tc '� .rmyl- All I� pads shall be gmded tc within 0.3 fcet efplan gFades. 9. DEWATERING: Dewatering, if required, is not included as a separate pay item and shall be included subsidiary to the bid items. Contractor shall make determination of extent of dewatering necessary to complete the project in accordance with the plans and specifications. 10. INLETS: The Utility Contractor shall pour storm sewer inlets in two stages. The first stage shall be poured prior to paving and shall not extend above pavement subgrade. Paving Contractor shall block out for inlets when placing concrete pavement. Utility Contractor shall pour inlet tops (second stage) and blockouts after concrete pavement has been placed. Utility Contractor shall be responsible for providing inlet protection against damage during paving operations. 11, ADJ1'c-i-n,rENT OF UTI1-,7T4E-S -fit r�iall ✓c t 14 'espensibil ivy of the Utility Ci to per,'kjrrr. arr; �: / fw,&I gzw4e--ar ento to ail aPPtAetta-M.V-3 to, eta) arri fo: pourin-g, requir*u Ivy the gever::ing frame —T!w 7Jtilifj Con'rr ter owl be f07 pfeviding fold r. :hrJr bawomt, W- wA, u,i k-.lot paving zc;t to po.-foxm tkir wrrlt cell li inc ul to tl a 4;A items. 12. INSPECTION FEES: The Owner shall be responsible for paying all inspection fees required by the governing public authority. Contractor shall be responsible for any fees related to inspector overtime and re -inspections. 13. PERMIT FEES: Contractor shall be responsible for all permit fees, which may include, but not limited to, batch plant permits, grading permits; water meters for construction, driveway permits, wall permits, fence permits, and other similar construction permits. 14. TESTING: The Utility and Paving Contractor shall pay and be responsible for coordinating all testing required to complete his work and acceptance by the Governing Public Authority and the specifications. All independent laboratories must be approved by the Owner and the Governing Public Authority. One set of reports shall be sent to the engineer. 15. DENSITY TESTING DURING EARTHWORK PHASE: The Owner shall pay for all testing during the earthwork phase of the project, to include providing 79G letter. The Earthwork Contractor shall work with the testing laboratory in scheduling the tests at the proper times as recommended by the Owner's geotechnical engineer or City representative. One set of the report shall be sent to the Engineer. 16. CLEANUP: Each Contractor shall be responsible for making a final cleanup of his work before final acceptance by the Owner. This cleanup shall include removal of all objectionable rocks, debris, concrete, asphalt, or other construction materials; and in general, preparing the premises in an orderly manner and appearance. 17. CONCRETE BATCH PLANT: The Paving Contractor shall be responsible for securing all local, state, and federal permits required for assembly and operation of a concrete batch plant. This includes, but is not limited to TCEQ air permit, EPA/TCEQ/MS4 Storm Water Pollution Prevention Plan permit. The Paving Contractor shall pay all fees associated with the permitting and operation of the batch plant. The Paving Contractor shall furnish copies of all permits to the Owner. 18. STORM WATER POLLUTION PREVENTION: The Owner shall prepare a Storm Water Pollution Prevention Plan for the project and install or have installed as per contract, erosion control devices as necessary to comply with the plan and EPA/TCEQ/MS4 guidelines. The Owner shall provide inspections as required by the plan and EPA/TCEQ/MS4. It shall be the responsibility of the Contractor to protect all erosion control devices. Any erosion control damaged shall be immediately repaired at the Contractor's expense. Contractor shall be responsible for protection of fuel and other hazardous substances at the site. It is the Contractor's obligation to secure any and all additional required permits and adhere to all requirements as set forth by, but not limited to, the EPA, TCEQ, and MS4 agencies. The Contractor shall clean streets of all materials upon demand of SWPPP inspector or Owner's representative to maintain the project in good standing with EPA/TCEQ/MS4. 19. TREES: Contractor shall protect all trees unless authorized for removal by Owner. Owner shall back charge any tree damaged by the Contractor at a rate of $150 per caliper inch. The Contractor shall not store equipment, vehicles, or materials beneath any tree on the premises. 20. TREE DISPOSAL: Contractor is responsible for the disposal of all trees removed by their work. Tree disposal shall be included in all bid items, unless specified in the bid proposal. Trees shall be disposed of offsite, unless otherwise agreed upon in writing. 21. RECORD DRAWINGS: The Contractor shall furnish and deliver to the Engineer record drawings (i.e. "as- built" plans) showing any and all field changes. The drawings shall be provided to Engineer prior to issuance of final Contractor payment. In lieu of record drawings, if no changes have occurred, Contractor shall submit a written document on Contractor's letterhead, signed by Contractor Owner or Officer stating that the project was built according to Engineer's plans with no changes to project. 22. BONDS: Contractor is responsible to pay for, and must provide all necessary bonding as required by the Owner, the City, and State. EXHIBIT F INVOICING INSTRUCTIONS 1. Invoices must include the Project Name, Invoice Date, Pay Application Number and be separated by line items shown on Exhibit D of this Contract. 2. Retainage and cumulative billing data must be included on the invoice. 3. Original notarized partial and final lien releases in a format approved by the Owner must be submitted with all invoices. 4. One (1) original invoice shall be submitted to the Construction Manager/Owner's Representative and one (1) copy to the Engineer. The Construction Manager/Owner's Representative shall forward the invoice to the Owner with a recommendation for approval. The Construction Manager/Owner's Representative will notify the Contractor of any discrepancies in billing prior to forwarding to the Owner. 5. Invoices shall be submitted by the 25' day of each month. EXHIBIT G SURVEY STAKING PROVIDED BY OWNER A one-time survey staking shall be provided by the Owner's Surveyor, which will include the following: Set initial construction control. 2. Perform verification of street paving prior to utility work. Perform verification of utility contractors regrading of streets after utility installation. 4. Stake and grade with an offset back of curb/edge of pavement at 50' intervals. EXHIBIT H PROHIBITION ON BOYCOTTING ISRAEL PROHIBITION ON BOYCOTTING ISRAEL AND CONTRACTING WITH TERRORIST ORGANIZATIONS VERIFICATION This verification is hereby incorporated into the terms of the Contract by and between Owner for Brookfield Water Control and Improvement District of Denton County and __e.'T:r-- entered into this the _� day ofD"ot"92022. 1.01 4TS , in conjunction with the execution of the above -referenced Contract and in accordance with Chapter 2270 of the Texas Government Code, effective Sept. 1 2017, does hereby agree, confirm, and verify that it: A. Does not Boycott Israel; and B. Will not Boycott Israel during the term of the contract "Boycott Israel" has the meaning given to it in Chapter 808 of Subtitle A, Title 8 of the Texas Government Code. As of the effective date of the statute, the term means "refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action make for ordinary business purposes." 1.02 Contractor hereby certifies that it is not a entity that contracts with or provides supplies or services to a foreign terrorist organization, as defined by Section 2252.151(2), Texas Government Code, and has not been identified as a company known to have contracts with or provide supplies or services to a foreign terrorist organization as identified on a list prepared and maintained under Section 806.051, 807.051, or 2252.153, Texas Government Code. 1.03 Contractor hereby acknowledges and agrees that this verification is a material tenn of the contract and Owner is expressly relying on this verification in agreeing to enter into the contract with Contractor. 1.04 TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER FROM ALL CLAIMS, CAUSES OF ACTION, LEGAL PROCEEDINGS, DAMAGES, COSTS, FEES AND EXPENSES ARISING OUT OF OR RELATED TO AN ACTUAL OR ALLEGED MISREPRESENTATION BY CONTRACTOR PROVIDED HEKEUIR& Contractor Signature State of Texas County of k� cX Before a� ,f 1,ldSry public, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained in Paragraph 1.01 A and B and Paragraph 1.02 are true and correct. (Personalized Sea]) Traci A. Meek U*} Notary Public, State of Texas ti ID# 10646144 My Commission Expires 0610612024 _ -Yx�72�.1JF.�4i►AdlL�'tw+lw'4e e,nC.!2S��e1 L"�� ,5::.! ULP lva__e� Notary Public's Signature Receipt and incorporation into the above -referenced contract hereby agreed to and acknowledged by: Owner Signature EXHIBIT I FORM 1295 EXHIBIT J GEOTECHNICAL REPORT