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059244-PM1 - Construction-Related - Contract - Treymore Construction, LLC and Wildstone Construction
CSC No. 59244-PM1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 8 CITY OF FORT WORTH PALLADIUM OAK GROVE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised March 20, 2020 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 00 11 13 Invitation to Bidders 03/20/2020 00 21 13 Instructions to Bidders 03/20/2020 00 41 00 Bid Form 04/02/2014 00 42 43 Proposal Form Unit Price 05/22/2019 00 43 13 Bid Bond 04/02/2014 00 45 11 Bidders Prequalification’s 04/02/2014 00 45 12 Prequalification Statement 09/01/2015 00 45 13 Bidder Prequalification Application 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 00 45 40 Minority Business Enterprise Goal 08/21/2018 00 52 43 Agreement 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects 01/10/2013 Division 01 - General Requirements Last Revised 01 11 00 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 01 31 20 Project Meetings 07/01/2011 01 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 CITY OF FORT WORTH PALLADIUM OAK GROVE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised March 20, 2020 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project’s Contract Documents NONE Division 02 - Existing Conditions Date Modified 02 41 13 Selective Site Demolition 02 41 14 Utility Removal/Abandonment 02 41 15 Paving Removal Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 26 - Electrical 26 05 00 Common Work Results for Electrical 26 05 10 Demolition for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31 - Earthwork 31 10 00 Site Clearing 31 23 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 31 36 00 Gabions 31 37 00 Riprap Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 32 01 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 32 11 37 Liquid Treated Soil Stabilizer 32 12 16 Asphalt Paving 32 12 73 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 14 16 Brick Unit Paving 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 17 23 Pavement Markings 32 17 25 Curb Address Painting 32 31 13 Chain Fences and Gates 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 8 CITY OF FORT WORTH PALLADIUM OAK GROVE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised March 20, 2020 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates 32 32 13 Cast-in-Place Concrete Retaining Walls 32 91 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching, Seeding, and Sodding 32 93 43 Trees and Shrubs Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 33 03 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 33 04 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 33 05 10 Utility Trench Excavation, Embedment, and Backfill 33 05 12 Water Line Lowering 33 05 13 Frame, Cover and Grade Rings - Cast Iron 33 05 13.10 Frame, Cover and Grade Rings - Composite 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 05 16 Concrete Water Vaults 33 05 17 Concrete Collars 33 05 20 Auger Boring 33 05 21 Tunnel Liner Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 11 05 Bolts, Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 11 15 Pre-Stressed Concrete Cylinder Pipe 33 12 10 Water Services 1-inch to 2-inch 33 12 11 Large Water Meters 33 12 20 Resilient Seated Gate Valve 33 12 21 AWWA Rubber-Seated Butterfly Valves 33 12 25 Connection to Existing Water Mains 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 33 12 40 Fire Hydrants 33 12 50 Water Sample Stations 33 12 60 Standard Blow-off Valve Assembly 33 31 12 Cured in Place Pipe (CIPP) 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 8 CITY OF FORT WORTH PALLADIUM OAK GROVE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised March 20, 2020 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 33 31 22 Sanitary Sewer Slip Lining 33 31 23 Sanitary Sewer Pipe Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 33 39 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 39 40 Wastewater Access Chamber (WAC) 33 39 60 Epoxy Liners for Sanitary Sewer Structures 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 33 41 12 Reinforced Polyethlene (SRPE) Pipe 33 46 00 Subdrainage 33 46 01 Slotted Storm Drains 33 46 02 Trench Drains 33 49 10 Cast-in-Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 34 41 10 Traffic Signals 34 41 10.01 Attachment A – Controller Cabinet 34 41 10.02 Attachment B – Controller Specification 34 41 10.03 Attachment C – Software Specification 34 41 11 Temporary Traffic Signals 34 41 13 Removing Traffic Signals 34 41 15 Rectangular Rapid Flashing Beacon 34 41 16 Pedestrian Hybrid Signal 34 41 20 Roadway Illumination Assemblies 34 41 20.01 Arterial LED Roadway Luminaires 34 41 20.02 Freeway LED Roadway Luminaires 34 41 20.03 Residential LED Roadway Luminaires 34 41 30 Aluminum Signs 34 71 13 Traffic Control 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 8 CITY OF FORT WORTH PALLADIUM OAK GROVE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised March 20, 2020 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City’s website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProjectResources/ Division 02 - Existing Conditions Last Revised 02 41 13 Selective Site Demolition 12/20/2012 02 41 14 Utility Removal/Abandonment 12/20/2012 02 41 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 11/22/2013 26 05 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi-Duct Conduit 02/26/2016 Division 31 - Earthwork 31 10 00 Site Clearing 12/20/2012 31 23 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 36 00 Gabions 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 12/20/2012 32 01 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 12/20/2012 32 11 37 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 Asphalt Paving 12/20/2012 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 32 13 13 Concrete Paving 12/20/2012 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 13 73 Concrete Paving Joint Sealants 12/20/2012 32 14 16 Brick Unit Paving 12/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 8 CITY OF FORT WORTH PALLADIUM OAK GROVE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised March 20, 2020 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 17 23 Pavement Markings 11/22/2013 32 17 25 Curb Address Painting 11/04/2013 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 32 32 13 Cast-in-Place Concrete Retaining Walls 06/05/2018 32 91 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Hydro-Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 10 Joint Bonding and Electrical Isolation 12/20/2012 33 04 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 33 05 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 33 05 12 Water Line Lowering 12/20/2012 33 05 13 Frame, Cover and Grade Rings – Cast Iron 01/22/2016 33 05 13.10 Frame, Cover and Grade Rings – Composite 01/22/2016 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 12/20/2012 33 05 16 Concrete Water Vaults 12/20/2012 33 05 17 Concrete Collars 12/20/2012 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand Tunneling 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 12/20/2012 33 11 14 Buried Steel Pipe and Fittings 12/20/2012 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Large Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 12/20/2012 33 12 21 AWWA Rubber-Seated Butterfly Valves 12/20/2012 33 12 25 Connection to Existing Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 12 40 Fire Hydrants 01/03/2014 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 7 of 8 CITY OF FORT WORTH PALLADIUM OAK GROVE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised March 20, 2020 33 12 50 Water Sample Stations 12/20/2012 33 12 60 Standard Blow-off Valve Assembly 06/19/2013 33 31 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 12/20/2012 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Traffic Signals 10/12/2015 34 41 10.01 Attachment A – Controller Cabinet 12/18/2015 34 41 10.02 Attachment B – Controller Specification 02/2012 34 41 10.03 Attachment C – Software Specification 01/2012 34 41 11 Temporary Traffic Signals 11/22/2013 34 41 13 Removing Traffic Signals 12/20/2012 34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013 34 41 16 Pedestrian Hybrid Signal 11/22/2013 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single-Mode Fiber Optic Cable 02/26/2016 34 71 13 Traffic Control 11/22/2013 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 8 of 8 CITY OF FORT WORTH PALLADIUM OAK GROVE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised March 20, 2020 Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION 0p42 q3 �AP - 8ID PROPOSAL Peye I of 7 secnoN oo a2 aa Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application 1 Projcet Ilem Information Bidder's Praposal 9idlist Item Specification Unit of Bid No. bescription I Section No_ I Measure I Quantity Unit Price � Bid Value �IT I: WATER I�}PROVEMENTS 1 3311.0261 S" PVC Water Pipe 33 11 12 ' LF � 114 2 3311.OQ61 4" PVC Water Pipe 33 11 12 LF 2g 3 3311.0001 Ductile Iron Water FittingslRestraint 33 t1 11 TON 1 4 3312.28D1 3" Water Mafer and Vault 33 12 11 EA 1 5 3312.2203 2" Water Service 33 12 10 EA 3 6 3312.00Q2 Water 5ampling Station 33 12 50 EA 1 7 320i.0202 Asphalt Pvmt Ftepair Bevond Defined Width 34 Qi i7 SY 3Q3 8 3305.0109 Trench Safety 33 Q5 10 LF 185 9 3311.0141 6" PVC Water Pipe 33 11 12 LF' 43 10 3312.2201 2" Water Service, Mater Reconnection 33 12 1p EA 1 1 i 3312.4209 24" x 8" Taonins� 5leeve & Val�e 33 12 25 �A 2 12 3312.4208 24' x 6" Tannin4 5leeve & Valve 34 12 25 EA 1 13 �3292.Q101 Utllitv Service Surface Restoration Sodding � 32 92 13 SY gp 1A � 15 � 16 17 ' 18 19 20 � 21 22 23 24 25 26 27 28 Zs f 30 � 31 � 32 � 33 34 35 36 37 38 39 4Q 41 ' 42 43 44 � 45 � TOTAL I,INIT I: WATER 11HPROVEMENTS CTTY OF FORT WORTH STMNARD CONSTRUGTION SPFCQ�7CATION[ DpCIJMEN75 • pEVELOPER AWARDED PROfFCTS Form Vrnion May 22, 2019 $54.Q0 :640.D0 $8.0OO.OQ $30.0�0.00 �4.0OO.Oa $2.500.D0 $9D.00 $S.OD $58.00 s�a.00n.ao $25.D00.00 $25.D00.00 E5.00 $6.'156.00 $1.120.OD $B.00Q.00 $30.QOQ.00 $12,Q00.00 $2.500.Oa $27.270.00 $925.00 $2.494.Q0 $1 Q.00O.UO $SO.00O.UO $25.000.00 $45Q.00 $175,915.Q0 00421j_BidRopoaal DAP- Wildswx 0o az as nar - Bro rRorosu. r.ga a or� UN�T PRICE BiD Bidlist Iteml No. 9 2 3 4 5 6 7 S 9 10 11 'i2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 � � � Bidder's Appiication 7 ����doa Spaification Unit of Bid Sectian No, Measure Quantity UNIT II: SAld1TARY S�+IER IMPROVE!��ENTS 3331.4115 8" Sewer Pipe 33 11 10 LF � 68 3339.100� 4' Manhole 33 39 10 EA g 33U1.OQ02 Post-CCN Inspactlon 33 01 31 �F sg 3305.0109 7rench Safety 33 D51Q LF $g 3339.0001 Epoxy Manhole Llner 33 39 80 VF 22,1 3341,0101 Manhole Vacuum Testing 33 01 30 EA 3 0241,2201 Rempve 4' Sewer Manhole pz q� �4 �q � 9899.Q001 4' Manhole w! Bolt Down Lid � Watertight Gask 33 39 14 EA � 3305,1 D03 20" Casing 6y Open Cut 33 05 22 LF 2p 3292.0101 lJtilitY Service Surface Restoration Soddinq 32 92 93 SY 30 3339.1Q03 a' Extra �epth Manhole 33 39 10 VF 11.8 3305.0112 Concrake Collar 33 Q5 17 EA Z Bidde�s Proposa] Unit Price � Bid Valuc $57.D0 $8,000.00 $20.00 $zo.ao $sao.oa $250.00 $3,000.00 $9,400.OQ $350.00 $5.00 $325.00 $ 9 ,OOO.QO $3,876.00 $24,OQO.DO $1.36D.00 �1,360.OQ �>>,o5a.00 $750.00 E3.QOO.QO $9.OQ0.00 S7.OQ0.00 E150.OQ $3,835.00 $2.00Q.00 TOTA� 11NIT II: SANITARY SEWER IMPROVEMENTS SECTION DO 42 43 De�elaper Awarded Projects - PROP05AL FQRM Project hem IufortnatFon $fi7,38�.Q0 CITY OF FORT WORTH STANaARD CONSTRUCT[pN SPECIFICATION DOCUMEN[S - DEVELOPER AWARDED PROJECCS Fami Vereion Mry 22, 2019 00 42 47 Bid Ptoposal_dM - Wildttooe dp 42 �3 DAP - Hm PAOP6SAL P�$e ] of T secnoN oo az as Developer Awarded Projects - PROPOSAL FORM UNIT PRiCE BID Project Item Infarmation Bidder's Ap�lication B�dlist Iteml Specificaaon Unit ot Bid xo. Dsscriprioa Sxtian No. Measure � Quaniity [1NIT lII: DRAINAGE IMPROVEMEI''T'S 1 3341.Ofi02 60" RCP, Class III 34 41 1 p LF � 71 2 3341.DB05 66" RCP, Class I!I 34 4i 10 LF 25U 3 3349.Op04 7' Storm Junctlon Box 33 49 1 Q EA 1 4 3137.0102 Large Stone Rfprap, dry 31 37 00 SY 44g 5 3349.41'!5 60' SET, 1 pipe 33 49 40 EA z 6 3349.2Q14 66" Parallel Headwall, 1 pipe 33 49 40 EA � 7 3349.1014 66" Ffared lieadwall, 1 pipe 33 49 40 EA � 8 3301.0012 Post-CCTV Inspection af Storm Drein 33 01 31 EA 1 9 3305.01a9 Trench Safety 33 051Q LF 3z1 1 Q 9999.0001 W-Beam End Section Guard Rail 00 00 OQ Eq Z 11 12 13 14 15 16 17 98 19 aa 21 22 23 24 25 26 27 28 2$ 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL 11NIT III: DRAINACyE IMPROVEMEN75 Bidder's Froposal Unit Price j Bid Value I $435.00 $533.00 $15,0OO.OQ $150.00 $1 Q,OOD.00I $10,Q00.00 $'i0,D0UA0 $1,SOO.DQ $10.Q0 $f ,000.00 $30.885A4 $133.250A0 ��s.aoo.00 $67.350.00 $20.DD0.00 $�o,000.oa $1 Q,000.00 $1,500.00 $3.210.00 $2.00D.00 $293,195.OD Cmr oF FORr woa�r[i STANDAkb CONSTRUCClON SPECIFIGTION DOCUMENfS - DEVELOPHR AWARDED PROJECi$ Fmm Vrnion May22, 2Q14 001213_Hid Proposal_DAP- WJdswx au 4� 4] orw - am rao aose.i. Page 7 af7 secnoN oo az as �eveloper Awarded ProJects - PROPOSAL FORM UNIT PRICE BID Project Gem Infarroaaon Bidlist Iteml No Uescription Bld Summary UNiT I� WAl`EF� IMPROVEMEN7S UIVIT II: SANITARY 5EW ER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING JMPROVEMENTS UNIT V: STREET LIGHTIiJG fMPRQVEMENTS UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS Totsl Conatraction Bid END OF S�CTION C1TY OF FORT WORTH STMNARD CONSTRUCTlON SPEC1'FICATION DOCUI�NTS - DEVELOPFR AWARb$p pROIECI'S Form Veraion May 22, EOl4 �1759�5.00 $67,381.00 $293 195.00 5536,491.00 � Notr: The contractor may, at t�eir discretion, pauae the accumuleHoo of worldng day� aod associsied Ciry inspecNon� throoghout coastruction. Contractor a6all provlde ootice to tht City inapector (or their assigoee) Z4-l�aurs prior lo tbe atarl of ewch pause in worldag days aod inapretlona. Cootractor ahall provide 24 honts prlor aotice for restwrting af working days aod inspectiont. There la no Iimit to the number of pauaca requeated by the contrActor or the dnration of each pause. Thla Bid Is aubmltted 6y the eatity named below: BIDDER: Wildtitane Coostructlon 12850 Highway 287 Fort WortL, Te:aa 7605Z Bidder's App�ication 1 B�dde�s Propasal 5pecification � UnitoF I Bid Unit Price I 8id Value Sxs�oaiYo. Measure Quentity $Y: ,�nhn TI'1�L�: Presii bATE: Contractor agreea to complete WORK [or FWAL ACCEPTANICE wlthia CONTRALT commences to rua �s provided io the General Cpedilloas. � � � er t6e date wheo tde � 00 42 4�_Bid Proposal_DM - Wildstone 00 42 43 DAP - BID PROPOSAL Page 4 of 7 Bidlist Item No. SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Unit Price Bid Value Project Item Information UNIT PRICE BID Bidder's Application Specification Section No. Unit of Measure 1 3213.0403 8" Concrete Driveway 32 13 20 SY 180 $85.30 $15,354.00 2 3213.0301 4" Conc Sidewalk 32 13 13 SY 650 $79.72 $51,818.00 3 3213.0501 Barrier Free Ramp 32 13 20 EA 5 $350.00 $1,750.00 4 0241.0401 Remove Concrete Drive 02 41 13 SY 115 $27.00 $3,105.00 5 3471.0001 Traffic Control 34 71 13 LS 1 $3,500.00 $3,500.00 6 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 112 $36.00 $4,032.00 7 0241.0402 Remove Asphalt Drive 02 41 13 SF 432 $3.00 $1,296.00 8 0241.0550 Remove Guardrail 02 41 13 LF 20 $3.00 $60.00 9 3137.0101 Concrete Riprap (flume)31 37 00 SY 863 $170.00 $146,710.00 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 $227,625.00 UNIT IV: PAVING IMPROVEMENTS TOTAL UNIT IV: PAVING IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP - Potter 00 42 43 DAP - BID PROPOSAL Page 7 of 7 Bidlist Item No. SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Unit Price Bid Value Project Item Information UNIT PRICE BID Bidder's Application Specification Section No. Unit of Measure This Bid is submitted by the entity named below: BIDDER:BY: FB Potter Concrete, LLC 1596 E. Main Street Waxahachie, Texas 75165 TITLE: DATE: 120 END OF SECTION Note: The contractor may, at their discretion, pause the accumulation of working days and associated City inspections throughout construction. Contractor shall provide notice to the City inspector (or their assignee) 24-hours prior to the start of each pause in working days and inspections. Contractor shall provide 24 hours prior notice for restarting of working days and inspections. There is no limit to the number of pauses requested by the contractor or the duration of each pause. CFO Brandi Prather Bid Summary Contractor agrees to complete WORK for FINAL ACCEPTANCE within working days after the date when the CONTRACT commences to run as provided in the General Conditions. $227,625.00Total Construction Bid UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS $227,625.00 UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS UNIT I: WATER IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP - Potter 5/11/2023 0o az a3 DAP - BID PROPOSAL Pagc 5 of 7 SECTION 00 42 43 Developer Awarded Projects - PR�POSAL FORM UNIT PRICE BID Project Itent Infonnation Bidlist Iteml Na. 1 ..__,___.._.. 2 ..___ . 3 4 5 6 . ___._.,. 7 8 9 __ ....._...._ 10 �.1 ...� 12 �.3 ..I 14 . I _ _. 15 � 16 __� 17 � 18 ... I ���_ � _..._.._.. . 20 � 21 � -..__ ..._..I _....22 ._ 23 � 24 25 _.__ 26 ___ _ _ .. 27 _ .. ..... , 28 29 ____. .._._ .. 30 _._. __ -- __... _. 31 ___. 32 ___. .___ _. 33 _.___ . 34 . 35 � ... 36 37 36 _.. _ . 39 _.__. _ _.. 40 _ __ ___ _. 41 _ .__ ___ . . _. 42 __._ -----._ 43 __ ____---, 44 -_ - 45�-- � � � � � � Bidder's Application I IHidder's Propasal Descri tion Specification Unit of Bid P Section No. Measure Quantity Unit Price UN_I_T V: STREET LIGHTING IMPROVEMENTS -_ --.,._ , . . ._ _ _� — - 2605.0111 Furnish/Install Elec Sery Pedestal 34 41 20 EA � 1 $7,500.00 2605.3015 2" Condt PVC Sch 80(T) 34 41 20 LF � 998 $25.00 3441.1408 No. 6 Insulated Elec Condr 34 41 20 LF 2994 $3.00 3441.1502 Ground Box Type B, w/ Apron � 34 41 20 EA 3 $1,353.00 3441.3050 Furnish/Install LED Lighting Fixture (ATBO) � 34 41 20 EA 5 $785.00 3441.3037 Furnishllnstall 10' Washington Pole & Fixture 34 41 20 EA 20 $3,750.00 3441.1645 Furnish/Install Type 33A Arm � 36 41 20 EA 5 $750.00 3441.3303 Furnish/Install Rdvuy Illum Foundation TY 7 35 41 20 EA � 20 $1,450.00 Electrical Permit � 34 41 20 EA � 1 � $100.00 I I I I � � � � � � � � � � � � � � � � � � � � � � I � � � � � � � � I � � � � � � � � � � � � � � � ..__.._ .. .__.. _ _ __.... � .. _ _..__ __.. . . ,.. _. _ .._... ... . ... -- . I _.. , _. __ _.._ ... .. � m .. ... .� �._._.___. � � _ .. __.. .._. _ ..__u___. .___ _ __ _ _.._.___.� _...___ ... .. ,__, _._ . � .. � . __ . --- . . _.._ _._ � _. � .. _ ...._ _ � � � .. _ � .,_ _ �_.... . I _.._ . _._ _ .____.. I � ..�.,,.. �. _.._._.I w . .. .. . _ . _ _ ...__ _. .._. _ _ �__ . ..__. _._ .. � . _� _. _ _ __ __._. _. _ � _ ._ . .__. � _... _. _. ..... . . . ..... � � . _ , _ m. __ � . .__. � � _ .. � _. _. _.. ._._. � _. . �, . .... wm �._... m . ..._. _..__.. . _. _..,. ._..�_....� _. __.__ _ _ _.__ .____ __.._ ___...__.�.._� _. _.�_ . ._.._ ___.__ ___-- _.___ .__.. � � TOTAL UNIT V: STREET LIGHTING IMPROYEMENTS� CITY OF FORT WORTH STANDARD CONSTRUCTION SPGCIFICAYION DOCUMGNTS - D�VGLOPLR AWARD�D NROIGCTS Fortn Version May 22, 2019 Bid Value I � $7,500.00 � $24,950.00� $8,982.00 � $4,059.00 � $3,925.00 � $75,000.00� $3,750.00� $29,000.00 � $100.00 I I � � � $157,266.00 � 00 42 43_Bid Proposal_DAP - Bean 00 42 43 DAP-BIDPROPOSAL Pagc 7 o f 7 UNIT PRICE BID Bidlist Itcm No. SECTION 00 42 43 � Developer Awarded Projects - PROPOSAL FORM � � Bidder's Application � Project Ilem Infonnation Biddc�s Proposal Descri lion Specification U�it of Bid P Section No. Mcasure Qu���9�y I Unit Price I Bid Value Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS UNIT VI: TRAFFIC SIGNAI IMPROVEMENTS _.. . , � Total Construction Bid� $157,266.00 $157,266.00 Note; The contractor may, at their discretion, pause the accumulation of worktng days and associated City inspections throughout construction. Contractor shall providc noticc to thc City inspector (or thcir ussignec) 24-haucs prior to thc start of each pausc in working days and inspections. Contractor shall provide 24 hours prior notice for restarting of working days and inspections. There is no limit to the number of pauses requcsted by the controctor or the duration of each pause. This Bid is submitted 6y the entity named bclow: $IDDER: Bean Elcctric, Inc. 821 E. Enon Avenuc Evcrman, Texas 76140 �� � BY: C'laiE, [tcciir=-�''' I \' I TITLE: f%'G'n°sidcnl � ---.—_.___ . � i DATE: �:; � 1' � " �:' :5 :. ..� ! i , .... ._ Corrtractor agrces to completc WORK for TINAL ACCEPTANCE rvithin CONTRACT commences to run as provided in thc General Conditions. END Of SECTION I 1�U working duys aftcr thc datc when thc � CITY OF FORT WORTFI STANDARD CONSTRUCTION SPCCIFICATION DOCUMrNTS - DGVBLOPCR AWARDfD PROICCTS Fartn Version May 22, 2019 00 42 4] BiJ Propasal_DAP - f�enn 00 45 ! 2 DAP PREQUAL�ICA'170N STATEMENT Page 1 of 1 SECTION 00 4512 DAP — PREQUALIFICATION STATEMENT Each Bidder is reyuired to complete the information below by identifying the prequalified contractors and/or sUbcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tvne" box orovide the comulete maior work tvne and actual descrintion as nrovided bv the Water Deoartment for water and sewer and TpW for navin� Major Work Type Water New Development Open Cut 8", Wastewater Service, Draina�e Improvements Street Sidewalk Street Lights ContractorlSubcantractor Company Name Wildstone Construction 12850 Highway 287 Fort Worth, Texas 76052 Prequalification Expiration Date oyl3�la�y The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified far the work types listed. BIDDER: BY: W t+-o�T1 TITLE: � DATE: p�1�y� END OF SECTION cmr oF Fo�r wonni STANDARD CONSTRUCfION PREQUALIf IUTIQN STATEMENT — OEVELOPER AWAtlUEO PHOJECfS 0p 4512 Preq�aliflcadon Statement 2015_DAP - Wildstone Form Verslon Septem6er 1, 2015 u0 45 I'_ DAP PRFQUAI.IPI('Al'ION S'I'A'I�E�1I[ti I� Page 1 0l 1 SECTION 00 45 12 DAP — PREQUALIFICATION ST�TEMENT Each Bidder is required to complete the infonnation below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tvpe" box provide the comnlete maior work tvne and actual descrintion as nrovided bv the Water Department for water and sewer and TPW for navin�. Major Work Type Water New Devefopment Open Cut 8", Wastewater Service, Drainage Improvements Street Sidewalk Street Lights Contractor/Subcontractor Company Name Prequalification Expiration Uate FB Potter Concrete, LLC 1596 E. Main Street Waxahachie, Texas 75165 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalitied for the work types listed. BIDDER: � ,f �1.� �,L1�.. /'/r� � � r�' / � ►� � c!/r' (. 6 �.(/� (/�� BY• ��� (Signature) "I'ITLE: �� DA"I'E: n o�( O�� END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS 00 45 12_Prequalification Statement 2015_DAP - Potter Form Version September 1, 2015 00 45 12 DAP PREQUALIFICATION STATEMENT Pagc 1 af 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the infoimation below by identifying the prequalified conn�actors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tvpe" box orovide the comnlete maior work tvae and actual descrivtion as provided bv the Water Deoartment for water and sewer and TPW for pavin�. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water New Development Open Cut 8", Wastewater Service, Di�aina�e Improvements Street Sidewalk Street Lights Bean Electric 821 E. Enon Avenue Everman, Texas 76140 March 8, 2025 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: BY: Roy E Bean II ._ _ __; _ _._ ._ . , - 1 � . � " � , . � (Signature) TITLE: President DATE: ;� - , .-. ; _ CITY Of FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWAkDED PROlECTS END OF SECTION 00 45 12_PrequalifiCatlon Statement 2015_DAP - Bean Form Version September 1, 2015 oa as z6 - � CONTRACTpR COMPI,IANCE W[TH WORKER'S COMPENSATION LAW Page I oF I 2 3 4 5 6 7 8 9 l0 II ia 13 14 IS �6 17 18 19 2a �i 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 5ECTION 00 45 26 CONTRACTQR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code 5ection 406A96(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 10�281. Contractor further certifies that, pursuant to Texas Labor Code, Section 40G.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Company Address C itylState/Zip THE STATE QF TEXAS COUNTY OF TARRANT By: ��s � {Ple� Signature: _ Title: ��� (Please Pr § �� BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknow�edged to me that he/she executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 20 . � � SEI.ESKA �ary Pu lic in and for the State of Texas 38 0`�� r`�4�, Not rYl D��79g1393� �� My Commission Expires '".� r µ�y 4, Z026 39 '�of END OF SECTION 40 CITYOF FORT WORTH P.4LLADIt+MORKGRDYE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS �r7.�?81 Revised April Z, 2U 14 00 4> 26 - I CON'I'RnC"fOR COMPLIANCG WI"Il l WORkI:R'S COMPf:NSA"I�ION LnW Paec I of I � 3 4 5 6 7 8 9 IO >> �� 13 14 15 16 �� �g 19 20 21 ?2 ?3 24 25 26 �� 28 29 30 31 32 33 34 35 36 37 �g 39 40 SECTION 00 45 26 CONTRACTOR COMPL[ANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 10-t ���1. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: i C�� rP � � Company ��Jq� � VI'��I���i.�fl Address : Si� i����Cl�.�.l� r� ���T�t��: City/State/Zip � THE STATE OF TEXAS COUN"TY OF TARRANT 0 � �� (Please Print) ��F RE ME, e uncJersigned authority, on this day personally appeared ��1���i%P 1" , known to me to be the person whose name is subscribed to the fore oi 7 instrument, and acknowledged to me that he/she executed the same as the act and deed of -rl�( �� ��� S.�(iC�'Q_�p ��_ � for the purposes and consideration therein expressed and in the capacity therein stated. IVEN•UNDER MY HAND A SEAL OF OFFICE this �l 'L day of ���� , 20�� �� --����a.-�-�i�, Notary Public in and for t� State of.Texas •``��i +ur�� NANNAH TAYI_OR .. . "�pN' �'LBi� �� � •�-' Notary Fublic, State o` Texas .i:�'�; Comm.Fxpires02-20-207_6 END OF SECTION �,;2.��F.�����,, �,,,��„r` No[ary ID 1 31 4 57 14-2 crry o►� rc�K�r woR�r� i S"I�ANDARD CONS'I�RUC'I ION SPECIFIC'A'I'IUN UUCUMIiN'I S Revised April 2. 2014 PALLAUI(;.4/ 0,4K GROI "E / /I-/_'�4 / 00 45 26 - 1 CONTRACTOR COMPL[ANCE WITH WORKGR'S COMPENSATION LAW Page 1 of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as ameuded, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 104281. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Bean Electrical Inc. Company 821 E Enon Ave Address Fort Worth. TX 76140 City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT ,- .' By: _Rov E Bean II f� (Please Prin�l, Signature:; � 1 .-� Title: President � � (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared ''. `�, ,; �,+��'�� ._ ,.�'�' , known to me to be the person whose name is subscribed to'the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of :,;< ;, i„ P: , i ;`t ,", ,. ,, ( ', :=.6 for the purposes and consideration therein expressed and in the capacify therein stated. GIVEN iJNDER MY HAND AND SEAL OF OFFICE this ;�. >? day of -, ., ` � . ��_ A 20�_` �, , , .._ - . _ "._C .J.�1�_��<F �. _.. .-=:Lx - _.. � . .. �a„""�, ~ CHCRYLE R ESPRCE � � ~� ��n� �L'` � � _ " '� ��r�ot�ry r�u�i�c, Sta�e of Tt,xas �� �r 'j ��,, �_ � > c_=, . . _ 1� t��.'r�y.�"� Co m. Exp�res o2-2�-zo2n � ` -_— �� ',y;F'oF"s;;�l �!otary Io �8�0225 Notary Pub`lic in aiid for the Statebf Texas , f � p„� M� L ... -.�.:.n:':.u^Y �:...�.��@."utEk"W?u'YSC:;"'F.:--�-i.m-�s„r..�r..__..» . END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 PALLAD/UAf OAK GROVE /Od281 oos2a3-i Developer Awarded Project Agreement Page 1 of 4 SECTIO 2 AGREEMEN� 3 ���t�aQ��, 3� 4 THIS AGREEMENT, authorized on —85f1-1-/��2-3— is m by and between the Developer, 5 Treymare Construction, LLC, authorized to do business in Texas ("Developer") , and Wildstone 6 Construction, authorized to do business in Texas, acting by and through its duly authorized 7 representative, ("Contractor"). 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 12 13 14 15 16 17 18 19 20 21 Contractor shall complete all Work as specified or indicated in the Contract Documents far the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: PALLADIUM OAK GROVE /di��?b'i Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits far Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 24 25 26 27 28 29 30 31 The Work will be complete for Final Acceptance within 120 u�or�kirz,� days after the date when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor may, at their discretion, pause the accumulation of working days and associated City inspections throughout construction. Contractor shall provide notice to the City Inspector, or their assignee, 24-hours prior to the start of each pause in working days and inspections. Contractor shall provide 24-hours prior notice for restarting of working days and inspections. There is no limit to the number of pauses requested by the Contractor or the duration of each pause. 32 3.3 Liquidated damages 33 34 35 36 37 3$ 39 40 41 42 Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects, The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer $0 Dollars ($0) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH ���'iLt �'T1l�f�i (1.�iK C�It{)3�'�£�' STANDARD CONSTRUCT[ON SPECIFICAl'ION DOCUN[ENTS — DGVELOPER AWARDED PROJECTS (f);?2n,' Revised June l6, 2016 oosza�-a Developer Awarded Pro�ect Agreement Page 2 of4 43 Article 4. CUNTRACT PRICE 44 DeveIoper agrees to pay Contractor for performance of the Work in accordance with the Contract 45 Documents an amount in current funds of five hundred thirtv six thousand four hundred ninetv 46 one dollars ($536,491). 47 Article 5. CONTRACT DOCUMENTS 48 5.1 CONTENTS: 49 50 51 52 53 54 55 56 57 58 59 60 6l 62 63 64 65 66 A. The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: This Agreement. 2. Attachments to this Agreement: a. Bid Form (As provided by Developer} I ) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Perforrnance Bond (DAP Version) e. Maintenance Bond (DAP Version) f. Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 67 5. Specifications specifically made a part of the Contract Documents by attachment 68 or, if not attached, as incorporated by reference and described in the Table of 69 Cantents of the Project's Contract Documents, 70 6. Drawings. 71 7. Addenda. 72 73 74 75 76 77 78 79 80 8. Documentation submitted by Contractor prior to Notice of Award. � 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WOkTN P�tLt.�blU:tf �,�,C GRd7J'E 5TANDARD CONSTRUCTION SPECIF[CATiON DOCUMENTS DEVELOPER AWARDED PROJECTS !0�?81 Rev�scd June k6, 2U16 005243-3 Developer Awazded Project Agreement Page 3 of4 8l Article 6. INDEMNIFICATION 82 83 84 85 86 87 88 89 90 9l 92 93 94 95 9b 97 98 99 100 101 102 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and ali claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subco�ntractors, licenses or invitees under this contract. This indemnitication arovision is snecificallv intended to ooerate and be et%ctive even if it is alle�ed or oroven that all or some of the damaees beine souQht were caused. in whole or in �art. bv $nv act. omission or ne�tigence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of acHons. 6.Z Contractor covenants and agrees to indemnify and hold harmless, a# its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its oftcers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is snecifcallv intended to ooerate and be effective even if it is alle eg d ar proven that alt or some of the damages bein¢ soueht were caused. in whole or in uart, bv anv act. omission or ne�li�ence of the citv. Article 7. MISCELLANEOUS 103 7.1 Terms. 104 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of t45 the Construction Contract for Developer Awarded Projects. 106 7.2 Assignment of Contract. 107 This Agreement, including a!I of the Contract Documents may not be assigned by the I OS Contractor without the advanced express written consent of the Developer. 109 7.3 Successors and Assigns. I10 Developer and Contractor each binds itself, its partners, successors, assigns and legal II1 representatives to the other party hereto, in respect to all covenants, agreements ar►d I l2 obligations contained in the Contract Documents. 113 7.4 Severability. 114 Any provision or part of the Contract Documents held to be unconstitutional, void or I t5 unenForceable by a court of competent jurisdiction shall be deemed stricken, and alI 116 remaining provisions shall continue to be valid and binding upan DEVELOPER and 117 CONTRACTOR. l 18 7.5 Governing Law and Venue. 119 This Agreement, inetuding all of the Contract Documents is performable in the State of 120 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 12l Northern District of Texas, Fort Worth Division. C1TY OF FORT WORTH P�#LL,�17lU�4� d,�l: G�S!?! E STANDARD CONSTRUCTION SPEGFICATIOiV DOCUMENTS DEVELOPER AWARDED PRQlECTS PD-t2�1 Revised lune Ib, 2016 005243-4 Developer Awarded Project Agreement Page 4 of 4 122 123 124 125 126 127 128 129 130 131 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed .by th�LParties ("Effe.�tive Date"). Contractor: 1� E� �'ti��f;tL4� �::crm�ca�ein, L,.L(� By: 2,4"t-{2�z=�"-.'� ✓� 2.�:c,t.�L-�/�. (5ignature} I�r�tA�cii P�-atl?ct� (Printed Name) Treymore 4 P � By: /� � /�, ` (Signatu�) �Q.t�. �.._ °-�'1\.�--�.s� .`.�rd�. �r-„-;�: �` (Printed Name) Title: C"I�'�� Title: �-� �,c�;�,�-�,� ,�,�...�- Company Name: �:°�g ������;i. �.�����Lz.�g�; �,�,�� Company name: Treymore Construction, LLC Address: Address: 4201 S ring Valley Rd 15}f� f�� MI��.i.t� �t:. �>i.i�ta; ��d:i � ._ � ! 132 City/State/Zip: �;/zrxa��t�cl�i�,, �'h 75CCi5 ^��k��i�"— `�� l � \ � �LC� `�l �� Date City/State/Zip �..�-���.7��--r �: Date �75244 1�til�n:�� CITY OF FORT WORTEI ¢':(f-/ sll�)I1J/U/ C)-�lF� Cr'f l)IrE' STANDARD CONSTRUCTION SPECIF[CAT10N DOCUMENTS — DEVELOPER AWARDED PROJECTS ft�:r?h'I Revised June 16, 2016 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 2 3 4 5 6 7 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on is made by and between the Developer, Treymore Construction, LLC, autharized to do business in Texas ("Developer") , and Wildstone Construction, authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractar"). 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 12 13 14 15 16 17 18 19 20 21 Contractar shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: PALLADI UM OAK GRO VE 1042�i'1 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 24 25 26 27 28 29 30 31 The Wark will be complete for Final Acceptance within 120 wor�lcing days after the date when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor may, at their discretion, pause the accumulation of working days and associated City inspections throughout construction. Contractor shall provide notice to the City Inspector, or their assignee, 24-hours prior to the start of each pause in working days and inspections. Contractor shall provide 24-hours prior notice for restarting of working days and inspections. There is no limit to the number of pauses requested by the Contractor or the duration of each pause. 32 3.3 Liquidated damages 33 34 35 36 37 38 39 40 41 42 Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accardance with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages far delay (but not as a penalty), Contractar shall pay Developer $0 Dollars ($0) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTII PAI L;�tl�li>Ad OAK GROI%L' STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DGVELOPER AWARDED PROJECTS l0-�28! Revised June l6, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 4 43 Article 4. CONTRACT PRICE 44 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 45 Documents an amount in current funds of two hundred-twenty seven thousand-six hundred 46 twenty five dollars ($227,625). 47 Article 5. CONTRACT DOCUMENTS 48 5.1 CONTENTS: 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 A. The Contract Documents which comprise the entire agreement between Developer and Contractar concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Perfoi-mance Bond (DAP Version) e. Maintenance Bond (DAP Version) f. Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH P,91_GA�IUNIOAK GROVE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS /0-�Z&/ Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of4 81 Article 6. INDEMNIFICATION 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is snecificallv intended to oaerate and be effective even if it is alleged or nroven that all or some of the damages being s0ught were caused, in whole or in qart, bv anv act, omission or ne�li�ence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification urovision is specificallv intended to ouerate and be effective even if it is allesed or nroven that all or some of the dama�es being sought were caused, in whole or in uart, bv anv act, omission or negligence of the citv. Article 7. MISCELLANEOUS 103 7.1 Terms. 104 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 105 the Construction Contract for Developer Awarded Projects. 106 7.2 Assignment of Contract. 107 This Agreement, including all of the Contract Documents may not be assigned by the 108 Contractor without the advanced express written consent of the Developer. 109 7.3 Successors and Assigns. 110 Developer and Contractor each binds itself, its partners, sttccessors, assigns and legal 111 representatives to the other party hereto, in respect to all covenants, agreements and 112 obligations contained in the Contract Documents. ll3 7.4 Severability. 114 Any provision or part of the Contract Documents held to be unconstitutional, void or 115 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 116 remaining provisions shall continue to be valid and binding upon DEVELOPER and 117 CONTRACTOR. 118 7.5 Governing Law and Venue. 119 This Agreement, including all of the Contract Documents is performable in the State of 120 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 121 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH F'Al l_.dDlUN1 OAK GItOY'E STANDARD CONSTRUCTION SPCCIFICATION DOCUMENTS — DEVELOPER AWARDCD PROJECTS 109281 Revised June 16, 2016 005243-4 Developer Awarded Project Agreement Page 4 of 4 122 123 7.6 Authority to Sign. 124 125 126 127 128 129 130 131 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreeinent in multiple counterparts. This Agreement is effective as of the last date signed the�,Parties � Contractor: Develope : FB Potler Concrete, LLC Treymore ��t�-uc1 t- By: 32��� i���z. By: , . . (Signature) � Bl'audi Prather i�i.Q .� � _ �r�h�c�s� . U: Date") ) (Printed Name) 132 (Printed Name) Title: Cr0 Title: �Q,C�r� o .rY1- Company Name: FI3 Potter Concrete,LLC Company name: Treymore Construction, LLC Address: Address: 4201 Spring Valley Rd 1596 E Main St. Suite 2Q0 City/State/Zip: Waxahacilie, TX 75165 5/11/2023 Date City/State/Zip: Dallas, TX 75244 � q !��_`� �-�� ?, Date CITY OF FORT WORTH P.�I Li1D1iIN1(?flK CROYE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 10428I Revised June i6, 2016 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of4 2 3 4 5 6 7 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on is made by and between the Developer, Treymore Construction, LLC, authorized to do business in Texas ("Developer") , and Bean Electrical Inc , authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows; 10 Article 1. WORK 11 12 13 14 15 16 17 18 19 20 21 Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: PALLADIUM OAK GROVE 104281 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 24 25 26 27 28 29 30 31 The Work will be complete for Finai Acceptance within 1?0 tirorlcin� days after the date when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor may, at their discretion, pause the accumulation of working days and associated City inspections throughout construction. Contractor shall provide notice to the City Inspector, or their assignee, 24-hours prior to the start of each pause in working days and inspections. Contractor shall provide 24-hours prior notice for restarting of working days and inspections. There is no limit to the number of pauses requested by the Contractor or the duration of each pause. 32 3.3 Liquidated damages 33 34 35 36 37 38 39 40 41 42 Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awacded Projects. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer �0 Dollars ($0) for eacli day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH PALLADIUNIOAKGROVE STANDARD CONSTRUCTION 3PECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 10428! Revised June 16, 2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 43 Article 4. CONTRACT PRICE 44 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 45 Documents an amount in current funds of one hundred fiftv-seven thousand two hundred sixtv- 46 six Dollars ($157,266.00). 47 Article 5. CONTRACT DOCUMENTS 48 5.1 CONTENTS: 49 A. The Contract Documents which comprise the entire agreement between Developer and 50 Contractor concerning the Woc-k cansist of the following: 51 l. This Agreement. 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 2. Attachments to this Agreement� a. Bid Foi7n (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (projectspecifc) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) £ Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementa�y Conditions, 67 5. Specifications specifically made a part of the Contract Documents by attaclunent 68 or, if not attached, as incorporated by reference and described in the Table of 69 Contents of the Project's Contract Documents. 70 6. Drawings. 71 7. Addenda. 72 73 74 75 76 77 78 79 80 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OP �ORT WORTH PALLAD/U�LIOAKGRO[�G STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPCR AWARDED PROJECTS 10428! Revised June l6, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 4 81 Article 6. INDEMNIFICATION 82 83 84 85 86 $7 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification nrovision is snecificallv intended to ouerate and be effective even if it is alle�ed or nroven that all or some of the dama�es bein� sou�ht were caused, in whole or in uart, bv anv act, omission or ne�ligence of the citv. This indemnity provision is intended to include, without limitation, indemniiy for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification � nrovision is snecificallv intended to operate and be effective even if it is alleged or �roven that all or some of the dama�es beinE sou�ht were caused, in whole or in aart, bv anv act, omission or neElieence of the citv. Article 7. MISCELLANEOUS 103 7.1 Terms. 104 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 105 the Construction Contract for Developer Awarded Projects. 106 7.2 Assignment of Contract. 107 This Agreement, including all of the Contract Documents may not be assigned by the 108 Contractor without the advanced express written consent of the Developer. 109 73 Successors and Assigns. Ilq Developer and Contractoc each binds itself, its partners, successors, assigns and legal 111 representatives to the other party hereto, in respect to all covenants, agreements and 112 obligations contained in the Contract Documents. 113 7.4 Severability. 114 Any provision or part of the Contraet Documents held to be unconstitutional, void or 115 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 116 remaining provisions shall continue to be valid and binding upon DEVELOPER and 117 CONTRACTOR. 118 7.5 Governing Law and Venue. 119 This Agreement, including all of the Contract Documents is performable in the State of 120 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 121 Northern District of Texas, Fort Worth Division. CITY OP FORT WORTH PALLAD/Utit Of1K GROVE STANDARD CONSTRUCT[ON SPECIF[CAT[ON DOCUMENTS — DEVELOPCR AWARDED PROJGCTS /0�!?81 Revised June I6, 2016 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 122 123 7.6 Authority to Sign, 124 125 126 127 128 129 130 131 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement 'rn multiple counterparts. This Agreement is effective as of the last date sign� by the Pai-ties (" Cont��actor: � Develo er-� .. , ,'� ��::: :' t -;.... �; ; :': Treymo e : �st tio _. -`jt� — . �. ' . ..� � ; � � �. " g�,; _.���--�`9 By: � (Signature) �S ,..,: _-, : , ;. : _ . , ,.... Neal Hildebrandt ve Date") ) (Printed Name) 132 (Printed Name) ' � Title: d.n ,ir�$: Title � , r�:.; �� �.�� G Company Name: � .,.. E� �_. s s �:.:., ,. i; ', Company name:��rnav"e.- G-�nS�rv.c�.�'n ��-�-- ; Address. .' . � :: - ` < . �-- . Address: 4201 Spring Valley Rd, Suite 800 . CitylState/Zip � .. _ , ; �� %, � � _ �� .��� Date , ; t , . • . , , CitylState/Zip: Dallas, Texas 75244 �13��.0� 3 Date CITY OF FORT WORTH PALLADlUti1 OAI: GROVE STANDARD CONSTRUCTION SPECIFICATION i�OCUMENTS — DEVCLOPCR AWARDED PROJECTS IOd281 Revised June l6, 2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 12-01-2022 Named Insured: Policy Number: EBA 059 70 69 FB POTTER CONCRETE LLC, POTTER WASTE & RECYCLING LLC, Countersigned by. (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation payments we make for "bodily injury' or "prop- SECTION IV - BUSINESS AUTO CONDI- erty damage" arising out of the operation of a covered "auto" when you have assumed liabil- TIONS, A. Loss Conditions, 5. Transfer of ity for such "bodily injury" or "property damage" Rights of Recovery Against Others to Us is under an "insured contract", provided the "bod- amended by the addition of the following: ily injury" or "property damage" occurs subse- We waive any right of recovery we may have quent to the execution of the "insured con- against any person or organization because of tract". AA 4172 09 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 12-01-2022 Named Insured: Policy Number: EBA 059 70 69 FB POTTER CONCRETE LLC, POTTER WASTE & RECYCLING LLC, Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Coverage, I. Who is an Insured is amended to include as an in- sured any person or organization for whom you have agreed in a valid written contract to provide insurance as afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury" or "property damage". AA 4171 06 20 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 12-01-2022 EBA 059 70 69 Named Insured: FB POTTER CONCRETE LLC, POTTER WASTE & RECYCLING LLC, Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance is replaced by the following: c. Regardless of the provisions of Para- graph a. above, this Coverage Form's Li- ability Coverage is primary and we will not seek contribution from any other in- surance for any liability assumed under an "insured contract" that requires liability to be assumed on a primary noncon- tributory basis. AA 4174 11 05 ADDITIONAL INSURED ENDORSEMENT — PRODUCTS-COMPLETED OPERATIONS ria�axn Named Insured FB Potter Concrete, LLC Policy Symbol Policy Number Policy Period CPW G7096806A 004 12/1/2022 To 12/1/2023 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Endorsement Number Effective Date of Endorsement 12/1/2022 Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Or�anization: As required by written contract, prior to a loss to which this insurance applies (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused by or resulting from your work performed for that additional insured and included in the products-completed operations hazard, and only to the extent that such injury or damage is caused, in whole or in part, by your negligence or the negligence of those acting on your behalf. However: i. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: i. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-325i (i2/i8) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page i of i (221012.2) WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Named Insured FB Potter Concrete, LLC Policy Symbol Policy Number Policy Period CPW G7096806A 004 12/1/2022 To 12/1/2023 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Endorsement Number Effective Date of Endorsement 12/1 /2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Orqanization: As required by written contract, prior to a loss to which this insurance applies (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-3143 (03-05) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 ADDITIONAL INSURED ENDORSEMENT — ONGOING WORK OR OPERATIONS Named Insured FB Potter Concrete, LLC Policy Symbol Policy Number Policy Period CPW G7096806A 004 12/1/2022 To 12/1/2023 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Endorsement Number Effective Date of Endorsement 12/1/2022 Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE: Name of Person(s) or Or�anization(s): As required by written contract, prior to a loss to which this insurance applies (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the persons or organizations shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused, in whole or in part, by: i. 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 insureds. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: Exclusions This insurance does not apply to injury or damage occurring after: a. All work or operations, including materials, parts or equipment furnished in connection with such work or operations, on the project (other than service, maintenance or repairs) to be performed by you or on your behalf at the site of the covered operations has been completed; or ENV-325o (1z/i8) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 2 (ZZioi2.i) b. 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 the additional insured as a part of the sameproject. C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: i. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-325o (1z/i8) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 2 of z (ZZioi2.i) PRIMARY AND NONCONTRIBUTORY — OTHER INSURANCE CONDITION Named Insured FB Potter Concrete, LLC Policy Symbol Policy Number CPW G7096806A 004 Policy Period 12/1/2022 To 12/1/2023 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Endorsement Number Effective Date of Endorsement 12/1/2022 Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy, provided that: a. The additional insured is a named insured under such other insurance; and b. The named insured has agreed in a written contract or agreement that this insurance would: (1) act as primary insurance; and (2) would not seek contribution from any other insurance available to the additionalinsured. All other terms and conditions of this policy remain unchanged. ENV-3253 �12-1g) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page i of i (266562.2) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY W C 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 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 2. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Operations: 3. Premium: 7 3. 0 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: 7 3. 0 0 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 Date:12 / 01 / 2 0 2 2 Policy No. S L I CWC 01410 0 3 Endorsement No. Policy Effective Date: 12 / 01 / 2 0 2 2 to 12 / 01 / 2 0 2 3 Insured: FB POTTER CONCRETE, LLC DBA: Carrier Name / Code: Service Lloyds Insurance Company WC 42 03 04 B Countersigned by (Ed. 6-14) �OCopyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Premium $ / i r / % C � � Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- son(s) or organization(s) is an additional insured only with respect to liability for: a. "Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty damage" occurring after: (1) 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 loca- tion of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b. "Bodily injury" or "property damage" caused, in whole or in part, by "your work" performed under that written contract or written agreement and in cluded in the "products-completed operations hazard", but only if: (1) The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard"; and (2) The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products- completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products-completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10, without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the "prod- ucts-completed operations hazard", this Paragraph b. does not apply to that person or organization. 2. If the written contract or written agree- ment described in Paragraph 1. above specifically requires you to provide addi- tional insured coverage to that person or organization: a. Arising out of your ongoing opera- tions or arising out of "your work"; or Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- graph A.1.b. above, whichever applies, is replaced by the phrase arising out of. 3. With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage" or "personal C and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4. This Paragraph A. does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a contract, agreement, permit or authorization to add as an additional insured on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured only with respect to op- erations performed by you or on your be- half for which the state or governmental agency or subdivision or political subdivi- sion issued, in writing, a contract, agree- ment, permit or authorization. 2. With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- sions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b. "Bodily injury" or "property damage" included within the "products- completed operations hazard." The insurance afforded to additional insureds described in Paragraphs A. and B.: Only applies to the extent permitted by law; and Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3. Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D. With respect to the insurance afforded to the additional insureds described in Paragraphs A. and B., the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the addi- tional insured is the amount of insurance: 1. Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A. and B.; or Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury" offense is com- mitted: During the policy period; and Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 2 of 3 2. Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F. Except when G. below applies, the following is added to Section IV - Commercial General Liability Conditions, 5. Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A. and B. except: 1. As otherwise provided in Section IV - Commercial General Liability Condi- tions, 5. Other Insurance, b. Excess In- surance; or 2. For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, this insurance is also excess. H. G. The following is added to Section IV - Com- mercial General Liability Conditions, 5. Other Insurance, and supersedes any provi- sion to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary to any other in- surance available to the additional in- sured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Section IV - Commercial General Liability Conditions, 9. Transfer Of Rights Of Re- covery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any additional insured under this en- dorsement against whom you have agreed to waive such right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, written agreement, written permit or written authorization. However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY CLAIMS-MADE EXCESS LJABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DENTIST'S PACKAGE POLICY EXCESS LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE SCHEDULE Name and mailing address of person(s) or organization(s): 1. FOR WHOM YOU ARE REQUIRED IN A WRITTEN CONTRACT THAT WAS EXECUTED ON OR AFTER THE EARLIER OF THE FOLLOWING DATES: A. THE EFFECTIVE DATE OF THIS POLICY, OR B. THE EFFECTIVE DATE OF THE ORIGINAL POLICY OF WHICH THIS POLICY IS A RENEWAL OR REPLACEMENT, AND 2. FOR WHOM YOU ARE REQUIRED IN THAT SAME WRITTEN CONTRACT AS REFERRED TO IN 1. ABOVE TO PROVIDE CANCELLATION NOTICE. 6200 S GILMORE RD ON FILE WITH AGENCY FAIRFIELD, OH 45014-5141 Number of days notice (other than nonpayment of premium): 30 A. If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule. We will mail such notice at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal. B. If we cancel this policy for nonpayment of premium, we will mail notice to the person or organization shown in the Schedule. We will mail such notice at least 10 days before the efFective date of cancellation. C. If notice is mailed, proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. D. In no event will coverage extend beyond the actual expiration, termination or cancellation of the policy. IA 4087 08 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS - CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERGIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coveraae: Beains on Paae: 1. Employee Benefit Liability Coverage ..................................................................................... 2. Unintentional Failure to Disclose Hazards ............................................................................ 3. Damage to Premises Rented to You ...................................................................................... 4. Supplementary Payments ...................................................................................................... 5. Medical Payments ................................................................................................................... 6. 180 Day Coverage for Newly Formed or Acquired organizations ..................................... 7. Waiver of Subrogation ............................................................................................................ 8. Automatic Additional Insured - Specified Relationships : .................................................. • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Relating to Premises; and • Mortgagee, Assignee or Receiver 9. Property Damage to Borrowed Equipment .......................................................................... 10. Employees as Insureds - Specified Health Care Services and Good Samaritan Services................................................................................................................................... 11. Broadened Notice of Occurrence .......................................................................................... 12. Nonowned Aircraft .................................................................................................................. 13. Bodily Injury Redefined .......................................................................................................... 14. Expected or Intended Injury Redefined ................................................................................ 15. Former Employees as Insureds ............................................................................................ 16. Voluntary Property Damage Coverage and Care, Custody or Control Liability Coverage.................................................................................................................................. 17. Broadened Contractual Liability - Work Within 50' of Railroad Property ......................... 18. Alienated Premises ................................................................................................................. B. Limits of Insurance: ..3 ..9 ..9 10 10 10 11 11 14 15 15 15 15 15 15 16 17 17 The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $ 2,500 Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 1 of 17 b. Loss of Earnings: $ 500 5. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage to Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Goverage (Coverage a.) And Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b. $5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE b. Care, Custody or Control PREMIUM BASIS (a) Area (b) Payroll (c) Gross Sales (d) Units (e) Other RATE (For Limits in Excess of $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,000) TOTAL ANNUAL PREMIUM $ $ Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 2 of 17 C. Coverages 1. Employee Benefit Liability Coverage a. The following is added to Section I- Coverages: Employee Benefit Liability Cover- age (1) Insuring Agreement (a) We will pay those sums that the insured becomes legally obligated to pay as damag- es caused by any act, error or omission of the insured, or of any other person for whose acts the insured is legally liable, to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this in- surance does not apply. We may, at our discretion, in- vestigate any report of an act, error or omission and settle any claim or "suit" that may result. But: 1) The amount we will pay for damages is limited as described in Section III - Limits of Insur- ance; and 2) Our right and duty to defend ends when we have used up the appli- cable limit of insurance in the payment of judg- ments or settlements. No other obligation or liabil- ity to pay sums or perForm acts or services is covered unless explicitly provided for under Supplementary Payments. (b) This insurance applies to damages only if the act, er- ror or omission, is negligent- ly committed in the "admin- istration" of your "employee benefit program"; and 1) Occurs during the policy period; or 2) Occurred prior to the "first effective date" of this endorsement pro- vided you did not have knowledge of a claim or "suit" on or before the "first effective date" of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any "authorized representa- tive"; a) Reports all, or any part, of the act, er- ror or omission to us or any other in- surer; b) Receives a written or verbal demand or claim for dam- ages because of the act, error or omission. (2) Exclusions This insurance does not apply to: (a) Bodily Injury, Property Damage or Personal and Advertising Injury "Bodily injury", "property damage" or "personal and advertising injury". (b) Dishonest, Fraudulent, Criminal or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, including the willful or reck- less violation of any statute. (c) Failure to PerForm a Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d) Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit program". Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 3 of 17 (e) Inadequacy of Perfor- mance of Invest- ment/Advice Given With Respect to Participation Any claim based upon: 1) Failure of any invest- ment to perform; 2) Errors in providing in- formation on past per- formance of investment vehicles; or 3) Advice given to any person with respect to that person's decision to participate or not to par- ticipate in any plan in- cluded in the "employee benefit program". (� Workers' Compensation and Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, un- employment compensation insurance, social security or disability benefits law or any similar law. (g) ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended, or by any similar federal, state or local laws. (h) Available Benefits Any claim for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured, from the applicable funds accrued or other col- lectible insurance. (i) Taxes, Fines or Penalties Taxes, fines or penalties, in- cluding those imposed un- der the Internal Revenue Code or any similar state or local law. (a) An individual, you and your spouse are insureds, but on- ly with respect to the con- duct of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c) A limited liability company, you are an insured. Your (j) Employment-Related Prac- tices Any liability arising out of any: (1) Refusal to employ; (2) Termination of employ- ment; (3) Coercion, demotion, evaluation, reassign- ment, discipline, defa- mation, harassment, humiliation, discrimina- tion or other employ- ment - related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the in- jury. (3) Supplementary Payments Section I - Goverages, Sup- plementary Payments - Cover- ages A and B also apply to this Coverage. b. Who Is An Insured As respects Employee Benefit Lia- bility Coverage, Section II - Who is an Insured is replaced by the follow- ing: (1) If you are designated in the Dec- larations as: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 4 of 17 members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with respect to their duties as your man- agers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "execu- tive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with re- spect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also in- sureds, but only with respect to their duties as trustees. (2) Each of the following is also an insured: (a) Each of your "employees" who is or was authorized to administer your "employee benefit program"; (b) Any persons, organizations or "employees" having prop- er temporary authorization to administer your "employ- ee benefit program" if you die, but only until your legal representative is appointed; or (c) Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and duties under this Coverage Part. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or major- ity interest, will qualify as a Named Insured if no other similar insurance applies to that organi- zation. However, coverage under this provision: (a) Is afforded only until the 180th day after you acquire or form the organization or c. the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. Limits of Insurance As respects Employee Benefit Lia- bility Goverage, Section III - Limits of Insurance is replaced by the fol- lowing: (1) The Limits of Insurance shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage and the rules below fix the most we will pay regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; (c) Persons or organizations making claims or bringing "suits"; (d) Acts, errors or omissions; or (e) Benefits included in your "employee benefit program". (2) The Aggregate Limit shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all dam- ages because of acts, errors or omissions negligently committed in the "administration" of your "employee benefit program". (3) Subject to the limit described in (2) above, the Each Employee Limit shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's" dependents and beneficiaries, as a result of: (a) An act, error or omission; or (b) A series of related acts, er- rors or omissions, regard- less of the amount of time that lapses between such acts, errors or omissions; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 5 of 17 negligently committed in the "administration" of your "employ- ee benefit program". However, the amount paid under this endorsement shall not ex- ceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefit program." (4) Deductible Amount (a) Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the Deductible Amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be re- duced by the amount of this deductible. (b) The Deductible Amount stated in the Declarations applies to all damages sus- tained by any one "employ- ee", including such "employ- ee's" dependents and bene- ficiaries, because of all acts, errors or omissions to which this insurance applies. (c) The terms of this insurance, including those with respect to: 1) Our right and duty to defend the insured against any "suits" seeking those damag- es; and 2) Your duties, and the du- ties of any other in- volved insured, in the event of an act, error or omission, or claim; apply irrespective of the ap- plication of the Deductible Amount. (d) We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as we have paid. d. Additional Conditions As respects Employee Benefit Lia- bility Coverage, Section IV - Com- mercial General Liability Condi- tions is amended as follows: (1) Item 2. Duties in the Event of Occurrence, Offense, Glaim or Suit is replaced by the following: 2. Duties in the Event of An Act, Error or Omission, or Claim or Suit a. You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, notice should include: (1) What the act, error or omission was and when it oc- curred; and (2) The names and addresses of any- one who may suf- fer damages as a result of the act, error or omission. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suiY' as soon as practicable. c. You and any other in- volved insured must: (1) Immediately send us copies of any demands, notices, summonses or le- gal papers re- ceived in connec- tion with the claim or "suiY'; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 6 of 17 (2) Authorize us to ob- tain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organi- zation which may be liable to the in- sured because of an act, error or omission to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our consent. (2) Item 5. Other Insurance is re- placed by the following: 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is prima- ry except when c. below applies. If this insurance is primary, our obliga- tions are not affected unless any of the other insurance is also prima- ry. Then, we will share with all that other insur- ance by the method de- scribed in b. below. b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this meth- od also. Under this ap- proach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not permit contribution by equal shares, we will contrib- ute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- ers. c. Excess Insurance This insurance is ex- cess over any of the other insurance, wheth- er primary, excess, con- tingent or on any other basis that is insurance purchased by you to coverage damages for acts, errors or omis- sions that occurred prior to the "first effective date". e. Additional Definitions As respects Employee Benefit Lia- bility Goverage, Section V- Defini- tions is amended as follows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs"; b. Interpreting the "em- ployee benefit pro- grams"; c. Handling records in connection with the "employee benefit pro- grams"; or d. Effecting, continuing or terminating any "em- ployee's" participation in Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 7 of 17 any benefit included in the "employee benefit program". However, "administration" does not include: a. Handling payroll deduc- tions; or b. The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits. 2. "Cafeteria plans" means plans authorized by applica- ble law to allow "employees" to elect to pay for certain benefits with pre-tax dollars. 3. "Employee benefit pro- grams" means a program providing some of all of the following benefits to "em- ployees", whether provided through a "cafeteria plan" or otherwise: a. Group life insurance; group accident or health insurance; dental, vision and hearing plans; and flexible spending ac- counts; provided that no one other than an "em- ployee" may subscribe to such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligibil- ity requirements; Profit sharing plans, employee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans, pro- vided that no one other than an "employee" may subscribe to such benefits and such bene- fits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; c. Unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits; and d. Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, includ- ing military, maternity, family, and civil leave; tuition assistance plans; transportation and health club subsidies. 4. "First effective date" means the date upon which cover- age was first effected in a series of uninterrupted re- newals of insurance cover- age. (2) The following definitions are de- leted in their entirety and re- placed by the following: 8. "Employee" means a person actively employed, formerly employed, on leave of ab- sence or disabled, or retired. "Employee" includes a "leased worker". "Employee" does not include a "tempo- rary worker". 21. "SuiY' means a civil proceed- ing in which money damag- es because of an act, error or omission to which this in- surance applies are alleged. "SuiY' includes: a. An arbitration proceed- ing in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent; or c. An appeal of a civil pro- ceeding. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 8 of 17 2. Unintentional Failure to Disclose Haz- ards Section IV - Commercial General Liabil- ity Conditions, 7. Representations is amended by the addition of the following: Based on our dependence upon your rep- resentations as to existing hazards, if un- intentionally you should fail to disclose all such hazards at the inception date of your policy, we will not reject coverage under this Coverage Part based solely on such failure. 3. Damage to Premises Rented to You a. The last Paragraph of 2. Exclusions under Section I- Coverage A- Bod- ily Injury and Property Damage Li- ability is replaced by the following: Exclusions c. through q, do not apply to "property damage" by fire, explo- sion, lightning, smoke or soot to premises while rented to you or tem- porarily occupied by you with permis- sion of the owner, for which the amount we will pay is limited to the Damage to Premises Rented to You Limit as described in Section III - Limits of Insurance. b. The insurance provided under Sec- tion I- Goverage A- Bodily Injury and Property Damage Liability ap- plies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. (1) As respects Water Damage Le- gal Liability, as provided in Para- graph 3.b. above: The exclusions under Section I- Coverage A- Bodily Injury and Property Damage Liability, 2. Exclusions, other than i. War and the Nuclear Energy Liabil- ity Exclusion (Broad Form), are deleted and the following are added: This insurance does not apply to: (a) "Property damage": (i) Assumed in any con- tract or agreement; or (ii) Caused by or resulting from any of the follow- ing: 1) Wear and tear; 2) Rust or other cor- rosion, decay, de- terioration, hidden or latent defect or any quality in property that caus- es it to damage or destroy itself; 3) Smog; 4) Mechanical break- down, including rupture or bursting caused by centrif- ugal force; 5) Settling, cracking, shrinking or ex- pansion; 6) Nesting or infesta- tion, or discharge or release of waste products or secre- tions, by insects, birds, rodents or other animals; or 7) Presence, growth, proliferation, spread or any ac- tivity of fungus, in- cluding mold or mildew, and any mycotoxins, spores, scents or byproducts pro- duced or released by fungi. (b) "Property damage" caused directly or indirectly by any of the following: (i) Earthquake, volcanic eruption, landslide or any other earth move- ment; (ii) Water that backs up or overflows or is other- wise discharged from a sewer, drain, sump, sump pump or related equipment; (iii) Water under the ground surface pressing on, or flowing or seeping through: 1) Foundations, walls, floors or paved surfaces; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 9 of 17 2) Basements, whether paved or not; or 3) Doors, windows or other openings. (c) "Property damage" caused by or resulting from water that leaks or flows from plumbing, heating, air condi- tioning, fire protection sys- tems, or other equipment, caused by or resulting from freezing, unless: (i) You did your best to maintain heat in the building or structure; or you with permission of the owner; b. In the case of damage by fire, explosion, light- ning, smoke or soot, while rented to you; or c. In the case of damage by water, while rented to and occupied by you. (2) The most we will pay is limited as described in Section B. Limits of Insurance, 3. Damage to Prem- ises Rented to You of this en- dorsement. 4. Supplementary Payments (ii) You drained the equip- Under Section I- Supplementary Pay- ment and shut off the ments - Coverages A and B: water supply if the heat a, Paragraph 2. is replaced by the fol- was not maintained. lowing: (d) "Property damage" to: (i) Plumbing, heating, air conditioning, fire protec- tion systems, or other equipment or applianc- es; or (ii) The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b. above, the Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suiY', including actual loss of earnings up to the limit shown in Sec- tion B. Limits of Insurance, 4.b. Loss Of Earnings of this endorsement per day because of time off from work. 5. Medical Payments (1) Paragraph 6. of Section III - Limits of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A - Bodily Injury and Property Dam- age Liability for damages because of "property dam- age" to any one premises: a. While rented to you, or temporarily occupied by The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. 180 Day Coverage for Newly Formed or Acquired Organizations Section II - Who is an Insured is amended as follows: Subparagraph a. of Paragraph 3. is re- placed by the following: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 10 of 17 a. Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 7. Waiver of Subrogation Section IV - Commercial General Liabil- ity Gonditions, 9. Transfer of Rights of Recovery Against Others to us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract or agree- ment with that person or organization and included in the "products-completed oper- ations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Cov- erage Part. The insured must do nothing after a loss to impair our rights. At our re- quest, the insured will bring "suiY' or trans- fer those rights to us and help us enforce those rights. 8. Automatic Additional Insured - Speci- fied Relationships a. The following is added to Section II - Who is an Insured: (1) Any person(s) or organization(s) described in Paragraph 8.a.(2) of this endorsement (hereinafter re- ferred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of a written contract, written agree- ment, written permit or written authorization. (2) Only the following persons or or- ganizations are additional in- sureds under this endorsement, and insurance coverage provided to such additional insureds is lim- ited as provided herein: (a) Managers or Lessors of Premises The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 8.a.(1) of this en- dorsement to provide insur- ance, but only with respect to liability arising out of the ownership, maintenance or use of that part of the prem- ises leased to you, subject to the following additional exclusions: This insurance does not ap- ply to: (i) Any "occurrence" which takes place after you cease to be a tenant in that premises; (ii) Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b) Lessor of Leased Equip- ment Any person or organization from whom you lease equipment when you and such person(s) or organiza- tion(s) have agreed per Par- agraph 8.a.(1) of this en- dorsement to provide insur- ance. Such person(s) or or- ganization(s) are insureds only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or or- ganization(s). A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. However, this insurance does not ap- ply to any "occurrence" which takes place after the equipment lease expires. (c) Vendors Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph 8.a.(1) of this endorsement to provide insurance, but on- ly with respect to "bodily in- jury" or "property damage" Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 11 of 17 arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (i) The insurance afforded the vendor does not apply to: 1) "Bodily injury" or "property damage" for which the ven- dor is obligated to pay damages by reason of the as- sumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2) Any express war- ranty unauthorized by you; 3) Any physical or chemical change in the product made intentionally by the vendor; 4) Repackaging, ex- cept when un- packed solely for the purpose of in- spection, demon- stration, testing, or the substitution of parts under in- structions from the manufacturer, and then repackaged in the original con- tainer; 5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normal- ly undertakes to make in the usual course of busi- ness, in connection with the distribution or sale of the products; 6) Demonstration, in- stallation, servicing or repair opera- tions, except such operations per- formed at the ven- dor's premises in connection with the sale of the product; 7) Products which, af- ter distribution or sale by you, have been labeled or re- labeled or used as a container, part or ingredient of any other thing or sub- stance by or for the vendor; or 8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omis- sions or those of its employees or anyone else acting on its behalf. How- ever, this exclusion does not apply to: a) The excep- tions contained in Paragraphs (c) (i) 4) or 6) of this en- dorsement; or b) Such inspec- tions, adjust- ments, tests or servicing as the vendor has agreed to make or nor- mally under- takes to make in the usual course of business, in connection with the distri- bution or sale of the prod- ucts. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 12 of 17 (ii) This insurance does not apply to any insured person or organization: 1) From whom you have acquired such products, or any ingredient, part or container, enter- ing into, accompa- nying or containing such products; or 2) When liability in- cluded within the "products- completed opera- tions hazard" has been excluded un- der this Coverage Part with respect to such products. (d) State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Relating to Premises Any state or governmental agency or subdivision or po- litical subdivision with which you have agreed per Para- graph 8.a.(1) of this en- dorsement to provide insur- ance, subject to the follow- ing additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political sub- division has issued a permit or authorization in connec- tion with premises you own, rent or control and to which this insurance applies: (i) The existence, mainte- nance, repair, construc- tion, erection or removal of advertising signs, awnings, canopies, cel- lar entrances, coal holes, driveways, man- holes, marquees, hoist away openings, side- walk vaults, street ban- ners or decorations and similar exposures; or (iii) The ownership, mainte- nance or use of any el- evators covered by this insurance. (e) Mortgagee, Assignee or Receiver Any person or organization with whom you have agreed per Paragraph 8.a.(1) of this endorsement to provide in- surance, but only with re- spect to their liability as mortgagee, assignee, or re- ceiver and arising out of the ownership, maintenance, or use of the premises by you. However, this insurance does not apply to structural alterations, new construction and demolition operations performed by or for that per- son or organization. (3) The insurance afforded to addi- tional insureds described in Par- agraph 8.a.(1) of this endorse- ment: (a) Only applies to the extent permitted by law; and (b) Will not be broader than that which you are required by the written contract, written agreement, written permit or written authorization to pro- vide for such additional in- sured; and (c) Does not apply to any per- son, organization, vendor, state, governmental agency or subdivision or political subdivision, specifically named as an additional in- sured under any other provi- sion of, or endorsement added to, this Coverage Part, provided such other provision or endorsement covers the injury or damage for which this insurance ap- plies. b. With respect to the insurance afford- ed to the additional insureds de- scribed in Paragraph 8.a.(1) of this endorsement, the following is added to Section III - Limits of Insurance: (ii) The construction, erec- The most we will pay on behalf of the tion or removal of eleva- additional insured is the amount of in- tors; or surance: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 13 of 17 (1) Required by the written contract, written agreement, written permit or written authorization described in Paragraph 8.a.(1) of this en- dorsement; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. c. Section IV - Commercial General Liability Conditions is amended to include the following: Automatic Additional Insured Pro- vision This insurance applies only if the "bodily injury" or "property damage" occurs, or the "personal and advertis- ing injury" offense is committed: (1) During the policy period; and (2) Subsequent to your execution of the written contract or written agreement, or the issuance of a written permit or written authori- zation, described in Paragraph 8.a.(1). d. Section IV - Commercial General Liability Conditions is amended as follows: Condition 5. Other Insurance is amended to include: Primary and Noncontributory In- surance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured per Paragraph 8.a.(1) of this endorsement provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract, agreement, permit or authorization described in 8.a.(2) of this endorsement that this in- surance would be primary and would not seek contribution from any other insurance available to the additional insured. 9. Property Damage to Borrowed Equip- ment a. The following is added to Exclusion 2.j. Damage to Property under Sec- tion I- Coverage A- Bodily Injury and Property Damage Liability: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform operations at the time of loss. b. With respect to the insurance provid- ed by this section of the endorse- ment, the following additional provi- sions apply: (1) The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits of Insurance, 9. Property Damage to Borrowed Equipment of this endorsement with respect to coverage provid- ed by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insurance, 9. Property Damage to Borrowed Equipment of this endorsement fix the most we will pay in any one "occurrence" re- gardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated in Section B. Limits of Insur- ance, 9. Property Damage to Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (b) Section IV - Commercial General Liability Gondi- tions, 2. Duties in the Event of Occurrence, of- Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 14 of 17 fense, Glaim or Suit, ap- plies to each claim or "suiY' irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees as Insureds - Specified Health Care Services and Good Samar- itan Services Paragraph 2.a.(1)(d) under Section II - Who is an Insured does not apply to: a. Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or b. Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit under Section IV - Commercial General Liability Gonditions is replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". 12. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto or Watercraft under Sec- tion I- Coverage A- Bodily Injury and Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a. The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b. The aircraft is rented with a trained, paid crew; and c. The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V- Definitions, 4. "Bodily injury" is replaced by the following: 4. "Bodily injury" means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, including care, loss of services or death resulting from any of these at any time. 14. Expected or Intended Injury Redefined The last sentence of Exclusion 2.a. Ex- pected or Intended Injury under Section I- Coverage A- Bodily Injury and Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect per- sons or property. 15. Former Employees as Insureds The following is added to Paragraph 2. under Section II - Who is an Insured: 2. Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 15 of 17 16. Voluntary Property Damage Coverage a. Goverage D- Voluntary Property Damage Coverage Section I- Coverages is amended to include the following: (1) Insuring Agreement GA 233 TX 09 17 (a) We will pay the cost to re- pair or replace "property damage" to property of oth- ers arising out of operations incidental to your business when: 1) Damage is caused by you; or 2) Damage occurs while in your possession. At your written request, we will make this payment re- gardless of whether you are at fault for the "property damage". If you, at our request, re- place, or make any repairs to, damaged property of others, the amount we will pay under Voluntary Prop- erty Damage Coverage will be determined by your actu- al cost to replace or repair the damaged property, ex- cluding any profit or over- head. Any payment we make un- der Voluntary Property Damage Coverage shall not be interpreted as an admis- sion of liability by you or by us. It shall be your duty, not our duty, to defend any claim or "suiY' to which this insurance applies. No other obligation or liabil- ity to pay sums or perform acts or services is covered. (b) This insurance applies to "property damage" only if: 1) The "property damage" takes place in the "cov- erage territory"; and (2) Exclusions This insurance does not apply to "property damage" that would be excluded by Coverage A- Bodi- ly Injury and Property Damage Liability, 2. Exclusions, except for j. Damage to Property, par- agraphs (3), (4), (5) and (6), k. Damage to Your Product, and I. Damage to Your Work. (3) Definitions For purposes of Voluntary Property Damage Coverage only, the following definitions un- der Section V- Definitions are replaced by the following: 16. "Occurrence" means an in- cident, including continuous or repeated exposure to substantially the same gen- eral harmful conditions that result in "property damage". 20. "Property damage" means physical injury to tangible property. "Electronic data" is not tangible property, and "property damage" does not include disappearance, ab- straction or theft. b. Care, Custody or Control Liability Coverage For purposes of the coverage provid- ed by Care, Custody or Control Li- ability Goverage in this endorsement only: (1) Section I- Coverage A- Bodily Injury and Property Damage Liability, 2. Exclusions, j. Damage to Property, Subpara- graphs (3), (4) and (5) do not ap- ply to "property damage" to the property of others described therein. (2) It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liability to pay sums or perform acts or ser- vices is covered. This Paragraph (2) supersedes any provision in the Coverage Part to the contrary. 2) The "property damage" occurs during the policy (3) "Property damage" for which period. Care, Gustody or Gontrol Lia- Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 16 of 17 bility Coverage provides cover- age shall be deemed to be caused by an "occurrence" but shall not serve to limit or restrict the applicability of any exclusion for "property damage" under this Coverage Part. c. Limits of Insurance and Deducti- bles For purposes of the coverage provid- ed by Voluntary Property Damage Goverage and Care, Custody or Gontrol Liability Coverage, Section III - Limits of Insurance is amended to include the following: (1) The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits of Insurance, 16. Voluntary Property Damage Coverage and Care, Custody or Control Liability Coverage, in this endorsement. These limits are inclusive of, and not in addi- tion to, the limits being replaced. The Limits of Insurance shown in the Schedule fix the most we will pay regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". (2) (a) Subject to (3) below, the Voluntary Property Dam- age Coverage, Each Occur- rence Limit Of Insurance is the most we will pay for the sum of damages under Vol- untary Property Damage Coverage; (b) The Care, Custody or Gon- trol Liability Coverage, Each Occurrence Limit Of Insurance is the most we will pay for the sum of damages under Care, Custody or Control Liability Coverage; GA 233 TX 09 17 (3) The Voluntary Property Dam- age Coverage, Aggregate Limit of Insurance is the most we will pay for the sum of all damages under Voluntary Property Damage Coverage. This limit applies separately to each "cov- erage term". (4) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated for the applicable coverage in the Schedule. The limits of insurance will not be re- duced by the application of such Deductible Amount. (b) Section IV - Commercial General Liability Condi- tions, 2. Duties in the Event of Occurrence, of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suiY' and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as has been paid by us. 17. Broadened Gontractual Liability - Work Within 50' of Railroad Property Section V- Definitions, 12. "Insured con- tract" is amended as follows: a. Paragraph c. is replaced by the fol- lowing: c. Any easement or license agree- ment; b. Paragraph f.(1) is deleted in its entire- ty. 18. Alienated Premises Exclusion 2 j. Damage to Property, because of all "property damage" Paragraph (2) under Section I- Cover- arising out of any one "occur- age A- Bodily Injury and Property rence". Damage Liability does not apply if the premises are "your work". Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 17 of 17 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY W C 42 06 01 (Ed. 7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice 2. Notice will be mailed to: 10 days for nonpayment � 30 days for all other Certificate on file and provided to Certificate Holder by Agent of Record PO Box 117388 Carrollton, TX 75011 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 Date:12 / 01 / 2 0 2 2 Policy No. S L I CWC 01410 0 3 Endorsement No. Policy Effective Date: 12 / 01 / 2 0 2 2 to 12 / 01 / 2 0 2 3 Insured: FB POTTER CONCRETE, LLC DBA: Carrier Name / Code: Service Lloyds Insurance Company W C 42 06 01 (Ed. 7-84) Countersigned by Premium $ /r .�' �/ � Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 12-01-2022 Named Insured: Policy Number: EBA 059 70 69 FB POTTER CONCRETE LLC, POTTER WASTE & RECYCLING LLC, Countersigned by. (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation payments we make for "bodily injury' or "prop- SECTION IV - BUSINESS AUTO CONDI- erty damage" arising out of the operation of a covered "auto" when you have assumed liabil- TIONS, A. Loss Conditions, 5. Transfer of ity for such "bodily injury" or "property damage" Rights of Recovery Against Others to Us is under an "insured contract", provided the "bod- amended by the addition of the following: ily injury" or "property damage" occurs subse- We waive any right of recovery we may have quent to the execution of the "insured con- against any person or organization because of tract". AA 4172 09 09 COMMERCIAL GENERAL LIABILITY CG 81 86 03 19 CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTIONGARD℠ GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is a summary of the additional coverages provided by this endorsement. For complete details on a specific coverage, consult the endorsement contract language. 1. Additional Insureds Various additional insured extensions 2. Aggregate Limit Per Project 3. Blanket Waiver of Subrogation If required by written contract, insurer waives right of subrogation 4. Broad Form Named Insured 5. Broadened Definition of BI Definition includes mental anguish 6. Broadened Liability Coverage for Damage to “Your Product” and “Your Work” 7. Contractual Liability – Railroads Expanded definition of “insured contract” 8. Contractual Liability for Personal and Advertising Injury 9. Damage to Premises Rented to You Extends perils Limit: $1,000,000 10. Electronic Data Liability Limit: $100,000 11. Expected and Intended Injury 12. Incidental Medical Malpractice 13. Knowledge of Occurrence 14. Liberalization 15. Lost Key Coverage Occurrence Limit: $10,000 16. Newly Formed and Acquired Organizations 180 days 17. Non-owned Aircraft 18. Non-owned Watercraft Included for watercraft up to 51 ft 19. Supplementary Payments Increased bail bonds limit to $5,000 Increased daily loss of earnings limit to $1,000 per day 20. Unintentional failure to Disclose Hazard 21. Non-duplication of Benefits ACP GLAO3100112556 CG 81 86 03 19 Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 81 86 03 19 1. Additional Insured – Automatic Status When Required In An Agreement Or Contract With You SECTION II – WHO IS AN INSURED is amended to include: 1. Any person(s) or organization(s) whom you are required to add as an additional insured on this policy under a written contract or written agreement, provided the written contract or written agreement: (1) Is currently in effect or becomes effective during the term or this policy; and (2) Was executed prior to the “bodily injury,” “property damage” or “personal and advertising injury” for which the additional insured seeks coverage. The person or organization added as an additional insured by this endorsement is an additional insured only with respect to liability for: 1. “Bodily injury” or “property damage” or 2. “Personal and advertising injury”; due to: a. Controlling Interest – with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises – with respect to the co-owner’s liability as a co-owner of such premises. c. Grantor of Franchise or License Any person or organization that has granted you a franchise or license by written contract or agreement is an additional insured, but only with respect to their liability as a grantor of a franchise or license to you. However, their status as additional insured under this policy ends when their contract or agreement with you granting the franchise or license ends. d. Lessors of Leased Equipment – with respect to their liability for “bodily injury”, “property damage”, or “personal and advertising injury”, caused in whole or in part by your maintenance, operation, or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any “occurrence” which takes place after the equipment lease expires. However, their status as additional insured under this policy ends when their lease, contract, or agreement with you for such leased equipment expires. e. Lessor of Land – with respect to liability arising out of the ownership, maintenance or use of that specific part of the land 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 premise; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. f. Managers or Lessors of Premises – with respect to liability arising out of the ownership, maintenance, or use of that part of the premises you own, rent, lease, or occupy. This insurance does not apply to: (1) Any “occurrence” which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new con- struction, or demolition operations performed by or on behalf of the person or organization. CG 81 86 03 19 CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. g. Mortgagee, Assignee or Receiver – with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premise by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. h. Owners, Lessees, or Contractors – 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 for that additional insured, whether the work is performed by you or on your behalf; or (3) “Your work” performed for that additional insured and included in the “products-completed operations hazard.” The insurance does not apply to: (a) “Bodily injury”, “property damage”, or “personal and advertising injury” arising out of the rendering of or the failure to render any professional architectural, engineering, or survey services, including: (i) The preparing, approv- ing, or failing to prepare or approve maps, shop drawings, opinions, reports, survey, field orders, change orders, or drawings and specifications; or (ii) Supervisory, inspection, architectural or engi- neering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering of, or failure to render, any professional, architectural, engineering, or surveying services. i. State or Political Subdivision – Permits Relating to Premises – with respect to the following hazards for which the state or political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies. (1) The existence, maintenance, repair, construction, erection, or removal of advertising, signs, awnings, canopies, cellar entrances, coal holes, drive- ways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (2) The construction, erection, or removal of elevators; or (3) The ownership maintenance or use of any elevators covered by this insurance. This insurance does not apply to: (1) “Bodily injury” or “property damage” or “personal or advertising injury” arising out of operations performed for the state or municipality; or (2) “Bodily injury” or “property damage” included within the “products-completed operations hazard”. CG 81 86 03 19 Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 81 86 03 19 However, such state or political subdivision’s status as additional insured under this policy ends when the permit ends. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. The insurance afforded to such additional insureds described in a.- i. above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than any coverage requirement in a contract or agreement to provide for such additional insured. 2. Aggregate Limit Per Project Under SECTION III – LIMITS OF INSURANCE, the following paragraph is added to Paragraph 2: The General Aggregate Limit under SECTION III LIMITS OF INSURANCE applies separately to each of your construction projects away from premises owned by or rented to you. 3. Blanket Waiver Of Subrogation Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us, the following is added: 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: a. Your ongoing operations; or b. “Your work” included in the “products completed operations hazard.” However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: a. Is in effect or becomes effective during the term or this policy; and b. Was executed prior to loss. 4. Broad Form Named Insured Under SECTION II – WHO IS AN INSURED, the following is added to Paragraph 2: e. Any business entity incorporated or organized under the laws of the United State of America (including any State thereof), its territories or possessions, or Canada (including any Province thereof) in which the Named Insured shown in the Declarations owns, during the policy period, an interest of more than fifty percent. If other valid collectible insurance is available to any business entity covered by this solely by reason of ownership by the Named Insured shown in the Declarations in excess of fifty percent, this insurance is excess over the other insurance, whether primary, excess, contingent, or on any other basis. 5. Broadened Bodily Injury Definition (Mental Anguish) Under SECTION V – DEFINITIONS, Definition 3. “Bodily Injury” is replaced with: 3. “Bodily injury” means physical injury, sickness, or disease to a person and if arising out of the foregoing, mental anguish, mental injury, shock, or humiliation, including death at any time resulting therefrom. 6. Broadened Liability Coverage for Damage to “Your Product” and “Your Work” Under SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and l. and replace them with the following: This insurance does not apply to: k. Damage to Your Product “Property damage” to “your product” arising out of it or any part of it except when caused by or resulting from: (1) Fire; (2) Smoke; (3) Collapse; or (4) Explosion. l. Damage to Your Work “Property damage” to “your work” arising out of it or any part of it and included in the “products-completed operations hazard”. This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; CG 81 86 03 19 CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 (c) Collapse; or (d) Explosion. Under SECTION III – LIMITS OF INSURANCE, the following paragraph is added: Subject to 6. above, $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one “occurrence” because of “property damage” to “your product” and “your work” that is caused by fire, smoke, collapse or explosion and is included within the “product-completed operations hazard”. This sublimit does not apply to “property damage” to “your work” if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. 7. Contractual Liability – Railroads a. Under SECTION V – DEFINTIONS, the following replaces Paragraph c. of definition 9. “Insured Contract”: c. Any easement or license agreement; b. Under SECTION V –DEFINITIONS, Paragraph f.(1) of definition 9. “Insured Contract” is deleted. 8. Contractual Liability for Personal and Advertising Injury Under SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion e. Contractual Liability. This provision 8. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 9. Damage to Premises Rented to You a. Under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, the last paragraph of 2. Exclusions is replaced with: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. b. Under SECTION III – LIMITS OF INSURANCE, Paragraph 6. is replaced with: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of “property damage” to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner. The limit is increased to $1,000,000. c. Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced with: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; 10. Electronic Data Liability a. Under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate “electronic data” that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of “bodily injury.” b. Under SECTION III – LIMITS OF INSURANCE, the following paragraph is added: Subject to paragraph 5. above, $100,000 is the most we will pay under Coverage A for all damages arising out of any one “occurrence” because of “property damage” that results from physical injury to tangible property and arises out of “electronic data”. c. Under SECTION V – DEFINITIONS, the following definition is added: “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 CG 81 86 03 19 Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 81 86 03 19 which are used with electronically controlled equipment. d. Under SECTION V – DEFINITIONS, the definition of “property damage” is replaced by the following for the purposes of the coverage provided by this endorsement only: 17. “Property damage” means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; 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. 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. e. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this Provision 10. Electronic Data Liability is part of, and not in addition to, that higher limit. 11. Expected or Intended Injury Under SECTION I – COVERAGES, COVERAGE A – BODILIY INJURY AND PROPERTY DAMAGE LIABILITY, Exclusion a. is replaced by the following: a. Expected Or Intended Injury “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. 12. Incidental Medical Malpractice Liability a. Under SECTION II – WHO IS AN INSURED, Paragraph 2.a.(1)d. does not apply to nurses, emergency medical technicians or paramedics employed by you arising out of his or her providing or failing to provide professional health care services, but only if such healthcare services are within the scope of their employment by you or are related to or arise out of the conduct of your business. b. This coverage does not apply if you are engaged in the business or occupation of providing professional health care services. 13. Knowledge Of An Occurrence Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: e. Knowledge of an occurrence, offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer or insurance manager, if you are a corporation receives such notice of an occurrence, offense, claim or suit from the agent or employee. f. The requirements in Paragraph b. will not be considered breached unless there is knowledge of occurrence as outlined in Paragraph e. above. 14. Liberalization If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. 15. Lost Key Coverage a. Under SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, coverage is extended to include the following: If a customer's master or grand key, excluding electronic key card, is lost, damaged or stolen while in your care, custody or control we will pay the cost of replacing the keys, including the master lock and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, whichever is less. CG 81 86 03 19 CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 b. Limit of Insurance – For the purpose of this coverage the most we will pay is $ 10,000 per “occurrence”. 16. Newly Formed And Acquired Organizations a. Under SECTION II – WHO IS AN INSURED, in paragraph 3.a., 90th day is changed to 180th day. b. This provision does not apply if coverage for newly formed or acquired organizations is excluded either by the provisions of the Commercial General Liability Coverage Form or by any applicable endorsement. 17. Non-Owned Aircraft Under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Exclusion g. does not apply to an aircraft provided: a. It is hired, chartered or loaned with a paid crew; b. It is not owned by an insured; c. The pilot in command holds a currently effective license for the particular aircraft being flown, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial airline pilot; and d It is not being used by the insured to carry persons or property for a charge. The following is added to SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance: This Non-Owned Aircraft insurance is excess over any other valid and collectible insurance whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or any other basis that would also apply to loss covered under this provision. 18. Non-Owned Watercraft Under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph (2) of Exclusion g. is deleted and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used by the insured to carry persons or property for a charge. 19. Supplementary Payments Under SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B Paragraphs 1.b and 1.d. are replaced with: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or “suit”, including actual loss of earnings up to $1,000 a day because of time off from work. 20. Unintentional Failure To Disclose Hazard Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS , Condition 6. Representations the following paragraph is added: d. Your failure to disclose all hazards or prior “occurrences” or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior “occurrences” or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. 21. Non-Duplication of Benefits No one will be entitled to receive duplicate payments for the same elements of loss under any of the coverages provided by the Commercial General Liability Coverage form, this endorsement, or any other applicable endorsement. All terms and conditions of this policy apply unless modified by this endorsement. COMMERCIAL AUTO AC 70 07 03 16 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insuranceprovided under the following: BUSINESS AUTO COVERAGE FORM A.EFFECT OF THIS ENDORSEMENT The most we will pay for Physical Damage Coverage for “loss”under this Coverage Ex-Coverage provided under this policy is modified tension is $100,000 per “auto”,subject tobytheprovisionsofthisendorsement.If there is the largest deductible applicable to any “au-any conflict between the provisions of this to” for that Coverage.endorsement and the provision(s)of any state- specific endorsement also attached to this policy,D. AUTOS HIRED OR RENTED BY EMPLOYEES then the provision(s)of the state-specific If hired or rented “autos”are covered “autos”on endorsement shall apply instead of the this policy,the following provisions apply: provisions of this endorsement that are in A.Changes In Covered Autos Liability Coverageconflict,but only to the extent of the conflict,and The following is added to the Who Is Anonlytotheextentnecessarytobringsuch Insured Provision in SECTION II –provisions into conformance with the state COVERED AUTOS LIABILITY COVERAGE:requirement(s)contained in the provision(s)of the state-specific endorsement.An "employee"of yours is an "insured"while B.CHANGES FOR TRAILERS AND operating an "auto"hired or rented under a FARM EQUIPMENT contract or agreement in that "employee's" name,with your permission,while performing1.Under SECTION I -COVERED AUTOS,the duties related to the conduct of yourfollowingareaddedtoParagraphC.Certain business.Trailers,Mobile Equipment and Temporary Substitute Autos:B.General Conditions 4."Trailers"designed to be towed by a pri-Paragraph 5.b. of the Other Insurance vate passenger type "auto"or a pickup,Condition in the Business Auto Coverage panel truck or van if not used for busi-Form is replaced by the following: ness purposes,other than farming or For Hired Auto Physical Damage Coverage,ranching.the following are deemed to be covered 5.Farm wagons or farm implements while "autos"you own: being towed by a covered “auto”.1.Any covered "auto"you lease,hire,rent C.CHANGES FOR ADDITIONAL or borrow;and NEWLY ACQUIRED VEHICLES 2.Any covered "auto"hired or rented by 1.Paragraph B.2 of SECTION I -COVERED your "employee"under a contract in that AUTOS is replaced by the following:individual "employee's"name,with your permission,while performing duties2.If Symbol 7 is entered next to related to the conduct of your business.coverage in Item Two of the Declara- tions,an “auto”you acquire will be a However,any "auto"that is leased,hired, covered “auto”for that coverage only if:rented or borrowed with a driver is not a covered "auto".a.We already cover at least one “auto” you own for that coverage or it rep-E.EMERGENCY LOCKOUT -PRIVATE laces an “auto”you previously PASSENGER VEHICLES owned that had that coverage;and Added in SECTION II –COVERED AUTOS b.You tell us within 30 days after you LIABILITY COVERAGE,A.2 Coverage acquire it that you want us to cover Extensions: it for that coverage. AC 70 07 03 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 1 of 4 ACP BAPC31-0-0101242 LC63 21179 INSURED COPY AC7007031601 0001 46 0024119 ACP BAPC 3100112556 AC 70 07 03 16 We will reimburse you up to $50 for reasonable Abuse means an act which is committed with expense incurred for the services of a locksmith the intent to cause harm. to gain entry into your covered “auto”of the Explosives private passenger type subject to these "Bodily injury"or "property damage"caused byprovisions:the explosion of explosives you make,sell or 1.Your door key or key entry pad has been transport. lost,stolen or locked in your covered “auto”Rolling Storesandyouareunabletoentersuch“auto”,or If a covered "auto"is a rolling store,"bodily2.Your key or key entry pad has been lost or injury"or "property damage"resulting from thestolenandyouhavechangedthelocktohandling,use or condition of any item thepreventanunauthorizedentry;and "insured"makes,sells or distributes if the 3.Original copies of receipts for services of injury or damage occurs after the "insured"has a locksmith must be provided before given up possession of the item. reimbursement is payable.Wrong Delivery of Liquid Products F.REPLACED EXCLUSIONS "Bodily injury"or "property damage"result-ing from the delivery of any liquid into the wrongInSECTIONII–COVERED AUTOS LIABILITY receptacle or to the wrong address,or from theCOVERAGEB.1.Expected or Intended Injury is delivery of one liquid for another,if the "bodilyreplacedbythefollowing: injury"or "property damage"occurs after the"Bodily injury"or "property damage"which is delivery has been completed.expected or intended by the "insured".This Delivery is considered completed even if furtherexclusionapplieseveniftheresulting"bodily service or maintenance work,or correction,repairinjury"or "property damage": or replacement is required be-cause of wronga.is of a different kind,quality or degree delivery.than initially expected or intended;or Professional Services b.is sustained by a different person,entity,"Bodily injury":real property,or personal property than a.Resulting from the providing or thethatinitiallyexpectedorintended. failure to provide any medical or otherG.ADDITIONAL EXCLUSIONS professional services. The following exclusions are added to b.Resulting from food or drink furnishedSECTIONII–COVERED AUTOS LIABILITY with these services.COVERAGE,B.Exclusions: c."Bodily injury"or "property damage"Damage to Named Insured's Property resulting from the handling of corpses.Any claim or "suit"for "property damage"by H.ACCIDENTAL DISCHARGEyouoronyourbehalfagainstanyotherperson COVERAGEorentitythatisalsoaNamedInsuredunder this policy.Under Paragraph B.3.a.of SECTION III – Abuse or Molestation PHYSICAL DAMAGE COVERAGE the following is added:"Bodily injury"or "property damage"arising out of:Mechanical breakdown does not include the accidental discharge of an airbag.a.The actual or threatened abuse or molestation by anyone or any person while I.PHYSICAL DAMAGE LIMIT OF INSURANCE in the care,custody or control of any Under SECTION III –PHYSICAL DAMAGE"insured",or COVERAGE,Paragraph C.,Limit of Insurance b.The negligent:is replaced by the following: 1)Employment;C.Limit Of Insurance 2)Investigation;1.The most we will pay for “loss”in any one “accident”is the lesser of:3)Supervision; a.The actual cash value of the damaged4)Reporting to the proper authorities, or stolen property as of the time of theorfailuretosoreport;or “loss”,or5)Retention; b.The cost of repairing or replacing theofapersonforwhomany"insured"is damaged or stolen property.or ever was legally responsible and whose conduct would be excluded by Paragraph a.above. Page 2 of 4 AC 70 07 03 16IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. ACP BAPC31-0-0101242 LC63 21179 INSURED COPY AC7007031601 0001 46 0024120 AC 70 07 03 16 2.$1,000 is the most we will pay for “loss”in 2.Motor Home Contents any one “accident”to all electronic This insurance does not apply to:equipment that reproduces,receives or a."Loss"to the covered "auto's"transmits audio,visual or data signals contents,except equipment usual towhich,at the time of “loss”,is:trucks or private passenger "autos".a.Permanently installed in or upon the b."Loss"to TV antennas,awnings orcovered“auto”in a housing,opening cabanas.or other location that is not normally c."Loss"to equipment designed tousedbythe“auto”manufacturer for the create added living facilities.installation of such equipment. However,these exclusions do not apply ifb.Removable from a permanently installed coverage has been added to the policyhousingunitasdescribedinParagraph elsewhere by endorsement.2.a.above or is an integral part of that equipment;or L.AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM,SUIT,OR LOSSc.An integral part of such equipment. The requirement in Loss Condition 2.a.Duties3.An adjustment for depreciation and physical In the Event Of Accident,Claim,Suit Or Lossconditionwillbemadeindeterminingactual –of Section IV -BUSINESS AUTOcashvalueintheeventofatotal“loss”. CONDIT IONS SECTION that you must notify us of an “accident”,4.The cost of repairing or replacing may:“claim”,“suit”,or “loss”applies only when thea.Be based on an estimate which “accident”,“claim”,“suit”,or “loss”is knownincludespartsfurnishedbytheoriginalto:equipment manufacturer or other 1.You,if you are an individualsourcesincludingnon-original 2.A partner,if you are a partnership;equipment manufacturers and 3.An executive officer or the employeeb.If a repair or replacement results in designated by you to give such noticebetterthanlikekindorquality,we will if you are a corporation;ornotpayfortheamountofthenet improvement.4.A member,if you are a limited liability company.5.If we offer to pay the actual cash value of the damaged or stolen property,we will M.UNINTENTIONAL FAILURE TO DISCLOSE value auto advertising wraps,paint HAZARDS customization,and similar business related Section IV -BUSINESS AUTO CONDITIONSadvertisingmodifications,in addition to SECTION is amended by the addition of thetheactualcashvalueoftheproperty.following:Auto advertising wraps,paint If you unintentionally fail to disclose anycustomization,and similar business hazards existing at the inception date ofrelatedadvertisingmodificationswillbe your policy,we will not deny coverage undervaluedatthecosttoreplacethemwith this Coverage Form because of suchanadjustmentmadefordepreciationand failure.However,this provision does notphysicalcondition. affect our right to collect additional premiumJ.GLASS REPAIR –WAIVER OF DEDUCTIBLE or exercise our right of cancellation or Under Paragraph D.Deductible of nonrenewal. SECTION III –PHYSICAL DAMAGE N.LIBERALIZATIONCOVERAGE,the following is added: Paragraph 3 of the General Conditions isNodeductibleappliestoglassdamageifreplacedbythefollowing:the glass is repaired rather than replaced. If we adopt any revision that would broadenK.MOTOR HOME OR RECREATIONAL the coverage under this policy withoutVEHICLECONTENTSNOTCOVEREDadditionalpremiumwithin60daysprior to or 1.For a covered "auto"that is a motor during the policy period,the broadened home the following exclusions are added coverage will immediately apply to this policy. to the SECTION III –PHYSICAL DAMAGE COVERAGE AC 70 07 03 16 Page 3 of 4IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. ACP BAPC31-0-0101242 LC63 21179 INSURED COPY AC7007031601 0001 46 0024121 AC 70 07 03 16 O.SECTION V –DEFINITIONS of the BUSINESS AUTO COVERAGE FORM is amended as follows: The definition of “bodily injury”is replaced by the following: “Bodily Injury”means bodily injury,sickness or disease sustained by any person,including mental anguish and death resulting from any of these. Page 4 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.AC 70 07 03 16 ACP BAPC31-0-0101242 LC63 21179 INSURED COPY AC7007031601 0001 46 0024122 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All terms and conditions of this policy apply unless modified by this endorsement. ACP GLAO3100112556 COMMERCIAL GENERAL LIABILITY CG 81 93 08 19 CG 81 93 08 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED POLLUTION COVERAGE – CONTRACTORS JOB SITE ONLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.LIMITED POLLUTION COVERAGE Under SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 1. Insuring Agreement we are adding the following: We will pay those sums that the insured becomes legally obligated to pay as dam ages because of “bodily injury”, “property damage” or “environmental damage” from a “pollution incident” to which this insurance applies. We will have the right and duty to defend any “suit” seeking these damages. We may, at our discretion, investigate any “pollution incident” and settle any claim or “suit” that may result. But: 1.The amount we will pay for damages under this endorsement is limited as described in B. LIMITS OF INSURANCE of this endorsement; and 2.Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. The insurance provided under this endorsement only applies to “bodily injury”, “property damage” or “environmental damage” arising out of a “pollution incident”: 1.on or from your “job site” in the “coverage territory”; and 2.the “bodily injury”, “property damage” or “environmental damage” occurs during the policy period. B.LIMITS OF INSURANCE This endorsement does not provide for separate limits of insurance and the coverage provided herein does not increase the Each Occurrence Limit, the Products-Completed Operations Aggregate Limit or the General Aggregate Limit as provided in SECTION III, LIMITS OF INSURANCE of your policy. The amount we will pay for damages because of “bodily injury”, “property damage” or “environmental damage” arising out of a “pollution incident” shall be included within, and not in addition to the Each Occurrence Limit because of all “bodily injury”, “property damage” or “environmental damage” arising out of any one “occurrence”. C.EXCLUSIONS 1.Solely for purposes of the coverage provided by this endorsement for “bodily injury”, “property damage” or “environmental damage” arising out of a “pollution incident”: 2. Exclusions f.(1)(b), (d) and (e) under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in SECTION I – COVERAGES do not apply. 2.Exclusions a., g., and h. under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILTIY in SECTION I – COVERAGES are deleted and replaced by the following: a.Expected Or Intended Injury "Bodily injury", "property damage" or “environmental damage” expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. g.Aircraft, Auto Or Watercraft "Bodily injury" "property damage" or “environmental damage” arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". ACP GLAO3100112556 CG 81 93 08 19 Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 81 93 08 19 This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury", "property damage" or “environmental damage” involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an “auto” on, or on the ways next to, premises you own or rent, provided the “auto” is not owned by or rented or loaned to you or the insured. (4) Liability assumed under any “insured contract” for the ownership, maintenance or use of aircraft or watercraft; or (5) “Bodily injury”, “property damage” or “environmental damage” arising out of: (a) The operation of machinery or equipment that is attached to, or part of a land vehicle that would qualify under the definition of “mobile equipment” if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) or the definition of “mobile equipment”. h. Mobile Equipment “Bodily injury” “property damage” or “environmental damage” arising out of: (1) The transportation of “mobile equipment” by an “auto” owned or operated by or rented or loaned to any insured; or (2) The use of “mobile equipment” in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. 3. Solely for purposes of the coverage provided by this endorsement for “bodily injury”, “property damage” or “environmental damage” arising out of a “pollution incident”. The following exclusions are added: The coverage provided by this endorsement does not apply to: a. “Bodily injury”, “property damage” or “environmental damage” included within the “products-completed operations hazard”; b. “Bodily injury”, “property damage” or “environmental damage” which the insured is obligated to pay by reason of the assumption of liability in a contract or agreement This exclusion does not apply to liability that the insured would have in the absence of the contract or agreement. c. “Bodily injury”, “property damage” or “environmental damage” arising out of the discharge, dispersal, emission, seepage, migration, release or escape of “pollutants” at or from a “waste facility’ if the “pollutants” are brought to the site, in connection with your operations at such “job site”. d. Any loss, cost or expense arising out of any request, demand or order by or on behalf of a governmental body that any insured or others test for, monitor, clean- up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the affects of “pollutants” at any site which is included or proposed for inclusion on a governmental body’s clean-up priority list. e. Liability for intentional, dishonest, malicious, deliberate, fraudulent or illegal act or other wrongful intentional act or omission committed by or under the direction of any insured, or any violation of law, statute regulation, code or ordinance when intentional is excluded under this endorsement including fines, penalties, other governmental sanctions as well as the cost of defending against any criminal or governmental enforcement action, or the seeking of injunctive relief through any court or administrative process. CG 81 93 08 19 CG 81 93 08 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 All other COVERAGE A Exclusions in your policy apply. D. The following is added to, SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, b. Excess Insurance: This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis, which is available covering liability arising out of any “pollution incident”. E. DEFINITIONS When used in this endorsement only, the following definitions are added to SECTION V – DEFINITIONS: 1. “Environmental damage” means the injurious presence of “pollutants” in or upon land, the atmosphere, or any water course or body of water. 2. “Job site” means any premises, site or location on which you or any contractors or subcontractors working directly or indirectly on any insured’s behalf, are performing operations, provided that the premises, site or location is not, never was, owned by, occupied by, managed by, rented to or loaned to you. 3. “Pollution incident” means the actual, alleged or threatened discharge, dispersal, emission, seepage, migration, release or escape of “pollutants” at or from a “job site” if: a. such “pollutants” were brought on or to the “job site” by any insured or any contractors or subcontrac tors working directly or indirectly on any insured’s behalf, in connection with your operations at such “job site”, or b. such discharge, dispersal, emission, seepage, migration, release or escape of “pollutants” originated at or from a sewage line or sewage system at a “job site”. To be a “pollution incident” the actual or alleged discharge, dispersal, emission, seepage, migration, release or escape of “pollutants” must: a. Begin during the policy period; b. Begin at an identified time and place; c. Commences abruptly during the policy period and ends within a period of 7 consecutive days after the initial discharge, release, or escape; d. Becomes known to the insured and reported in writing to us within 180 days from its abrupt commencement; e. Does not originate from an “underground storage tank”; and f. Is not heat, smoke, or fumes from a “hostile fire”. All “bodily injury”, “property damage” or “environmental damage” arising out of/resulting from one discharge, dispersal, emission, seepage, migration, release or escape shall be deemed to be one “pollution incident”. 4. “Underground storage tank” means any storage tank, including any attached pumps, valves, or piping, buried below the surface of the ground or water, or which, at any time, had been buried under the surface of the ground or water and the subsequently exposed by any means. For the purpose of this definition, buried means that at least 10% of it is below the surface of the ground or water. Underground storage tank does not mean or include septic tanks including residential onsite sewage treatment tanks. 5. “Waste facility” means any site or part of any site to which waste from the operations of a “job site” is consigned for delivery or delivered for storage, disposal, processing or treatment. Any Fungi or Bacteria Exclusion that may be part of the policy does not apply t o the coverage provided by this endorsement All terms and conditions of this policy apply unless modified by this endorsement. AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 11 DES MOINES,IA 50391-2000 COMMERCIAL GENERAL LIABILITY FORMS AND ENDORSEMENTS Number:ACP GLAO 3100112556 Period: From 07/29/22 To 07/29/23 Named Insured:WILDSTONE CONSTRUCTION LLC Form Date Title CG0001 0413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG0103 0606 TEXAS CHANGES CG2001 0413 PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION CG2106 0514 EXCLUSION -ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION CG2167 1204 FUNGI OR BACTERIA EXCLUSION CG2170 0115 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM CG2187 0115 CONDITIONAL EXCLUSION OF TERRORISM (RELATING TO DISPOSITION OF FEDERAL TERRORIS CG2279 0413 EXCLUSION -CONTRACTORS -PROFESSIONAL LIABILITY CG2639 1207 TEXAS CHANGES -EMPLOYMENT -RELATED PRACTICES EXCLUSION CG7120 0710 EXCLUSION -ASBESTOS,ELECTRO-MAGNETIC EMISSIONS AND LEAD -TEXAS CG7141 1203 EMPLOYEE BENEFITS LIABILITY COVERAGE CG7258 0908 EXCLUSION-OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP)INS PROGRAM CG7259 0908 EXCLUSION -VIOLATION OF CONSUMER PROTECTION STATUTES CG7287 1211 DEFINITION OF OCCURRENCE AMENDATORY ENDORSEMENT FOR CONSTRUCTION DEFECTS CG7420 0616 EXCLUSION -SUBSIDENCE OF LAND CG8008 1015 DATA COMPROMISE COVERAGE CG8010 1015 IDENTITY RECOVERY COVERAGE CG8027 1015 CYBERONE COVERAGE CG8186 0319 CONSTRUCTIONGARD GENERAL LIABILITY ENHANCEMENT ENDORSEMENT CG8193 0819 LIMITED POLLUTION COVERAGE -CONTRACTORS JOB SIT ONLY GA45DO 1203 TEXAS -EMPLOYEE BENEFITS ADMINISTRATION LIABILITY COVERAGE PART IL0017 1198 COMMON POLICY CONDITIONS IL0021 0908 NUCLEAR ENERGY LIABILITY EXCLUSION IL0168 0908 TEXAS CHANGES -DUTIES IL0275 1113 TEXAS CHANGES -CANCELLATION AND NONRENEWAL PROVISINS FOR CASUALTY LINES IL7002 0911 ADVANCE NOTICE OF CANCELLATION,NONRENEWAL OR COVERAGE REDUCTION OR RESTRICTION GLDF (02-93) DIRECT BILL LPGJ 21224 INSURED COPY ACP GLAO 3100112556 386529416 46 0000459 AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 11 DES MOINES,IA 50391-2000 COMMERCIAL GENERAL LIABILITY FORMS AND ENDORSEMENTS Number:ACP GLAO 3100112556 Period: From 07/29/22 To 07/29/23 Named Insured:WILDSTONE CONSTRUCTION LLC Form Date Title IMPORTANT NOTICES IN7158 0520 TEXAS CONSUMER PROTECTION NOTICE IN7224 0702 IMPORTANT NOTICE -TEXAS CONTRACTORS IN7544 0910 NOTICE TO POLICY HOLDERS TEXAS POLICY EXCLUSIONS DISCLOSURE IN7809 1115 DATA BREACH &IDENTITY RECOVERY SERVICES IN7890 1118 CLAIMS REPORTING INFORMATION IN7913 0520 TEXAS LOSS CONTROL SERVICES GLDF (02-93) DIRECT BILL LPGJ 21224 INSURED COPY ACP GLAO 3100112556 386529416 46 0000460 WORKERS COMP WC 42 03 04 B 06 14 WC 42 03 04 B 06 14 © Copyright 2014 National Council on Compensation Insurance, Inc.Page 1 of 2 All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY 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 (See reverse for additional names) ( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 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: x 2% Water utility developer, commercial, industrial, Municipalities WC 42 03 04 B 06 14 Page 2 of 2 © Copyright 2014 National Council on Compensation Insurance, Inc. WC 42 03 04 B 06 14 All Rights Reserved. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned By 07/29/2022 ACPWCA3100112556 1 Nationwide Mutual Insurance Company. COMMERCIAL AUTO AC 70 06 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A.Effect of This Endorsement B.Newly Acquired of Formed Entities C.Employees as insureds – Nonowned Autos D.Additional Insured by Contract, Permit or Agreement E.Supplementary Payments – Bail Bonds F.Supplementary Payments – Loss of Earnings G.Personal Effects and Property of Others Extension H.Prejudgment Interest Coverage I.Fellow Employees J.Hired Auto Physical Damage K.Temporary Substitute Autos – Physical Damage Coverage L.Expanded Towing Coverage M.Auto Loan or Lease Coverage N.Original Equipment Manufacturer Parts – Leased Private Passenger Types O.Deductible Amendments P.Expanded Transportation Expense Q.Extra Expense – Stolen Autos R.Physical Damage Limit of Insurance S.New Vehicle Replacement Cost T.Physical Damage Coverage Extensions U.Business Income and Extra Expense Coverage V.Transfer of Rights Of Recovery Against Others To Us W.Section IV – Business Auto Conditions – Notice of and Knowledge of Occurrence X.Hired Car Coverage Territory Y.Emergency Lockout Z.Cancellation Condition AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission ACP BAPC 3100112556 COMMERCIAL AUTO AC 70 06 03 16 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state- specific endorsement also attached to this poli- cy, then the provision(s) of the state-specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state-specific endorsement. B. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 180th day after you acquire or form the organization or the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS – NONOWNED AUTOS The following is added to paragraph A.1. Who Is An Insured of SECTION II – COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.1. Who Is An In- sured of SECTION II – COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a “bodily injury” or “property damage” occurrence is an “insured” for Covered Auto Liability coverage. How- ever, with respect to covered “autos”, such person or organization is an insured only to the extent that person or organization qualifies as an “insured” under A.1. Who is an Insured of SECTION II – COVERED AUTOS LIABILITY COVERAGE: If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance avail- able to the additional insured shall be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured’s coverage to be non-contributory, then this insurance will be excess over any other valid and collectible insur- ance available to the additional insured. E. SUPPLEMENTARY PAYMENTS – BAIL BONDS Supplementary Payments of SECTION II – COVERED AUTOS LIABILITY COVERAGE is revised as follows: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) re- quired because of an “accident” we cover. We do not have to furnish these bonds. F. SUPPLEMENTARY PAYMENTS – LOSS OF EARNINGS Supplementary Payments of SECTION II – COVERED AUTOS LIABILITY COVERAGE is revised as follows: (4) All reasonable expenses incurred by the “in- sured” at our request, including actual loss of earnings up to $1,000 a day because of time off from work. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The Care, Custody or Control Exclusion of SECTION II – COVERED AUTOS LIABILITY COVERAGE, does not apply to "property dam- age" to property, other than your property, up to an amount not exceeding $500 in any one "acci- dent". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE: c. We will pay up to $1,000 for your prop- erty that is lost or damaged as a result of a covered “loss”, without applying a deductible. Coverage is excess over any other valid and collectible insur- ance. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 06 03 16 with its permission COMMERCIAL AUTO AC 70 06 03 16 H. PREJUDGMENT INTEREST COVERAGE The following paragraph is added to SECTION II – COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments: (7) Prejudgment interest awarded against the “insured” on that part of the judgment we pay. If we make an offer to pay the appli- cable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. I. FELLOW EMPLOYEE The Fellow Employee Exclusion of SECTION II - COVERED AUTOS LIABILITY COVERAGE, does not apply if the “bodily Injury” results from the use of a covered “auto” you own or hire. The insurance provided under this provision is excess over any other collectible insurance. J. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1 or 8 ap- ply to Liability Coverage and if at least one "au- to" you own is covered by this policy for Com- prehensive, Specified Causes of Loss, or Colli- sion coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage apply up to a limit of $125,000. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or lightning. K. TEMPORARY SUBSTITUTE AUTOS – PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I – COVERED AUTOS: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. L. EXPANDED TOWING COVERAGE 1. We will pay up to: a. $150 for a covered "auto" you own of the private passenger type, or b. $750 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. Howev- er, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered “auto”. M. AUTO LOAN OR LEASE COVERAGE 1. In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease, including up to a max- imum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under SECTION III – PHYSICAL DAMAGE COVERAGE of this policy; and b. Any: 1) Overdue lease/loan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3) Security deposits not refunded by a lessor; 4) Costs of extended warranties, Credit Life insurance, Health, Accident, or Disability insurance purchased with the lease; and 5) Carry-over balances from previous leases. 2. This coverage only applies to a "loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 7 with its permission COMMERCIAL AUTO AC 70 06 03 16 3. Coverage does not apply to any unpaid amount due on a loan for which the covered “auto” is not the sole collateral. N. ORIGINAL EQUIPMENT MANUFACTURER PARTS – LEASED PRIVATE PASSENGER TYPES Under Paragraph C. Limit of Insurance of SECTION III – PHYSICAL DAMAGE COVERAGE, Section 4 is added as follows: 4. We will use new original equipment vehicle manufacturer parts for any private passen- ger type covered “auto” where required by the lease agreement which has a term of at least six months. If a new original equip- ment vehicle manufacturer part is not in pro- duction or distribution we may use a like, kind and quality replacement part. O. DEDUCTIBLE AMENDMENTS The following are added to the Deductible provi- sion of SECTION III – PHYSICAL DAMAGE COVERAGE: If another policy or coverage form that is not an automobile policy or coverage form issued by this company applies to the same “accident”, the following applies: 1. If the deductible under this coverage is the smaller (or smallest) deductible, it will be waived: 2. If the deductible under this coverage is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. If a Comprehensive or Specified Causes of Loss Coverage “loss” from one “accident” involves two or more covered “autos”, only the highest deductible applicable to those coverages will be applied to the “accident,” if the cause of the loss is covered for those vehicles. This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered “autos” for which you do not carry such coverage. No deductible applies to glass if the glass is re- paired, in a manner acceptable to us, rather than replaced. P. EXPANDED TRANSPORTATION EXPENSE Paragraph A.4.a. of SECTION III – PHYSICAL DAMAGE COVERAGE is replaced by the following: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in- curred by you because of the total theft of a covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". Q. EXTRA EXPENSE – STOLEN AUTOS The following paragraph is added to Section A.4. of SECTION III – PHYSICAL DAMAGE COVERAGE: c. We will pay for up to $5,000 for the expense of returning a stolen covered “auto” to you. We will pay only for those covered “autos” for which you carry Comprehensive or Spec- ified Causes of Loss Coverage. R. PHYSICAL DAMAGE LIMIT OF INSURANCE Under SECTION III – PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for “loss” in any one “accident” is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the “loss”, or b. The cost of repairing or replacing the damaged or stolen property. 2. $2000 is the most we will pay for “loss” in any one “accident” to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of “loss”, is: a. Permanently installed in or upon the covered “auto” in a housing, opening or other location that is not normally used by the “auto” manufacturer for the instal- lation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total “loss”. 4. The cost of repairing or replacing may: Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 06 03 16 with its permission. COMMERCIAL AUTO AC 70 06 03 16 a. Be based on an estimate which includes parts furnished by the original equip- ment manufacturer or other sources in- cluding non-original equipment manu- facturers and b. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the net improve- ment. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customi- zation, and similar business related advertis- ing modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. S. NEW VEHICLE REPLACEMENT COST The following is added to the Limit of Insurance provision of SECTION III – PHYSICAL DAMAGE COVERAGE: 5. The provisions of paragraphs 1.and 3. do not apply to a covered “auto“ of the private passenger type or a vehicle with a gross ve- hicle weight rating of 20,000 pounds or less which is a “new vehicle.” In the event of a total “loss” to your “new ve- hicle” to which this coverage applies, we will pay at your option: a. The verifiable “new vehicle” purchase price you paid for your damaged vehi- cle, not including any insurance or war- ranties purchased; b. If it is available, the purchase price, as negotiated by us, of a “new vehicle” of the same make, model, and equipment or the most similar model available, not including any furnishings, parts, or equipment not installed by the manufac- turer or manufacturers’ dealership; or . c. The market value of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturer’s dealer- ship. We will not pay for initiation or set up costs associated with loans or leases As used in this endorsement, a “new vehi- cle” means an “auto” of which you are the original owner that has not been previously titled and which you purchased less than 365 days before the date of the “loss”. T. PHYSICAL DAMAGE COVERAGE EXTENSIONS Under SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Exten- sions, b. Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an “insured” becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision if the Decla- rations indicate that Comprehen- sive Coverage is provided for any covered “auto”; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Cover- age is provided for any covered “auto”; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered “auto.” However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $1,500. The insurance provided by this provision is excess over any other collectible insurance. U. BUSINESS INCOME AND EXTRA EXPENSE COVERAGE 1. Business Income Coverage We will pay the actual loss of business in- come sustained by you as a result of the necessary suspension of your business dur- ing the period of restoration due to “loss” to a covered “auto” used in your business. The loss must be caused by a cause of loss cov- ered under item A1 of Physical Damage Coverage in this Coverage Part. 2. Extra Expense Coverage We will pay the necessary and reasonable extra expenses that you incur during the pe- riod of restoration that you would not have incurred had there been no “loss” to a cov- ered “auto” used in your business. The loss AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 7 with its permission COMMERCIAL AUTO AC 70 06 03 16 must be caused by a cause of loss listed under item A1 of Physical Damage Cover- age in this Coverage Part. Extra Expenses means those expenses you incur to avoid or minimize the suspension of business and to continue your business operations. 3. Additional Conditions We will not pay for “loss” or expenses caused by suspension, lapse or cancellation of any license, lease or contract. But if the suspension, lapse or cancellation is directly caused by the suspension of your business, we will cover such “loss” that affects your business income. We will not pay under this coverage if you do not repair or replace the covered “auto”. You must resume all or part of your business as quickly as possible. If you have other autos you can use to reduce the amount of loss payable under this cov- erage, you are required to use them. We will pay for expenses you incur to reduce the amount that otherwise would have been payable under this coverage. We will not pay more than the amount by which you ac- tually reduce the business income loss or extra expense incurred. 4. Limit The most we will pay for “loss” arising out of one covered “auto” is $10,000 per loss with an annual aggregate of $20,000. Payment applies in addition to the otherwise applica- ble amount of each coverage you have on a covered “auto”. 5. Definitions a. "Business Income" means the: 1.). Net income (Net profit or loss before income taxes) that would have been earned or incurred if no loss would have occurred; and 2.). Continuing normal operating expenses incurred, including payroll. b. ”Period of Restoration" means the period of time that: 1.). Begins: (a) 24 hours after the time of loss for Business Income Coverage; or (b) Immediately after the time of loss for Extra Expense Coverage; and 2.) Ends at the earliest of: (a) The time required to resume your normal business opera- tions; or (b) The time that is reasonably necessary to repair or replace the covered auto with a maxi- mum time period of 180 days. Period of Restoration does not include any increased period required due to the enforcement of any ordinance or law that re- quires any insured or others to test for, monitor, clean up, re- move, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of pollu- tants. The expiration date of this policy will not cut short the peri- od of restoration. V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any “accident” be- cause of payments we make for damages under this coverage form. W. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV – BUSINESS AUTO CONDITIONS, Paragraph A is amended as follows: 6. NOTICE OF AND KNOWLEDGE OF OCCURRENCE a. Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification require- ments applies only when the “accident” or “loss” is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. b. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents concerning a claim or “suit” will not be Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 06 03 16 with its permission COMMERCIAL AUTO AC 70 06 03 16 considered breached unless the breach occurs after such claim or “suit” is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. X. HIRED CAR – COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory General Condition is replaced by the following: (5) Anywhere in the world if a covered “auto” is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and Y. EMERGENCY LOCKOUT We will reimburse you up to $100 for reasonable expense incurred for the services of a locksmith to gain entry into your covered “auto” subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your covered “auto” and you are unable to enter such “auto” , or 2. Your keyless entry device battery dies and you are unable to enter such "auto" as a result, 3. Your key, electronic key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 4. Original copies of receipts for services of a locksmith must be provided before reimbursement is payable. Z. CANCELLATION CONDITION Paragraph A.2. of the COMMON POLICY CONDITION – CANCELLATION applies except as follows: If we cancel for any reason other than nonpay- ment of premium, we will mail or deliver to the First Named Insured written notice of cancella- tion at least 60 days before the effective date of cancellation. This provision does not apply in those states that require more than 60 days prior notice of cancellation. AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 7 of 7 with its permission This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1.[ ] Specific Waiver Name of person or organization [ X ] Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: 3.Premium: The premium charge for this endorsement shall be Waiver of Subrogation Percent of Premium 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: Waiver of Subrogation Advance Premium All other terms and conditions of the policy remain unchanged. Form No: WC 42 03 04 B (06-2014) Endorsement Effective Date: Endorsement No: [ ] ; Page: Endorsement Expiration Date: Policy No: 7039470065 Policy Effective Date: 07/29/2023 Policy Page: Underwriting Company: © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Valley Forge Insurance Company Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (10-16) Page 1 of 2 Continental Casualty Company Insured Name: WILDSTONE CONSTRUCTION LLC Copyright CNA All Rights Reserved. Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract; or B.in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1.the written contract requires you to provide the additional insured such coverage; and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B.additional insured coverage with “arising out of” language; or C.additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III.Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract; or B.a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A.the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2.supervisory, inspection, architectural or engineering activities; or B.any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (10-16) Page 2 of 2 Continental Casualty Company Insured Name: WILDSTONE CONSTRUCTION LLC Copyright CNA All Rights Reserved. Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Includes copyrighted material of Insurance Services Office, Inc., with its permission. With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured; or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3.make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy; and B.was executed prior to: 1.the bodily injury or property damage; or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1.Additional Insureds 2.Additional Insured - Primary And Non-Contributory To Additional Insured’s Insurance 3.Bodily Injury – Expanded Definition 4.Broad Knowledge of Occurrence/ Notice of Occurrence 5.Broad Named Insured 6.Broadened Liability Coverage For Damage To Your Product And Your Work 7.Contractual Liability - Railroads 8.Electronic Data Liability 9.Estates, Legal Representatives and Spouses 10.Expected Or Intended Injury – Exception for Reasonable Force 11.General Aggregate Limits of Insurance – Per Project 12.In Rem Actions 13.Incidental Health Care Malpractice Coverage 14.Joint Ventures/Partnership/Limited Liability Companies 15.Legal Liability – Damage To Premises / Alienated Premises / Property In The Named Insured’s Care, Custody or Control 16.Liquor Liability 17.Medical Payments 18.Non-owned Aircraft Coverage 19.Non-owned Watercraft 20.Personal And Advertising Injury – Discrimination or Humiliation 21.Personal And Advertising Injury - Contractual Liability 22.Property Damage - Elevators 23.Supplementary Payments 24.Unintentional Failure To Disclose Hazards 25.Waiver of Subrogation – Blanket 26.Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs 7039470051 07/29/2023 Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1.ADDITIONAL INSUREDS a.WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A.through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1)is currently in effect or becomes effective during the term of this Coverage Part; and (2)was executed prior to: (a)the bodily injury or property damage; or (b)the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b.However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1)a higher limit of insurance than required by such contract or agreement; or (2)coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A.Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury arising out of: 1.such person or organization’s financial control of a Named Insured; or 2.premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner’s liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C.Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured’s maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D.Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E.Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor’s real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F.Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver’s liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured’s ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G.State or Governmental Agency or Subdivision or Political Subdivisions – Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision’s liability for bodily injury, property damage or personal and advertising injury arising out of: 1.the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a.the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b.the construction, erection, or removal of elevators; or c.the ownership, maintenance or use of any elevators covered by this insurance; or 2.the permitted or authorized operations performed by a Named Insured or on a Named Insured’s behalf. The coverage granted by this paragraph does not apply to: a.Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b.Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision’s requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H.Trade Show Event Lessor 1.With respect to a Named Insured’s participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury caused by: a.the Named Insured’s acts or omissions; or b.the acts or omissions of those acting on the Named Insured’s behalf, in the performance of the Named Insured’s ongoing operations at the trade show event premises during the trade show event. 2.The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2.ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name:WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/292023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3.BODILY INJURY – EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4.BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A.BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B.NOTICE OF OCCURRENCE The Named Insured’s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured’s reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5.BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3.Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a.on the effective date of this Coverage Part; or b.by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a)any partnership, limited liability company or joint venture; or (b)any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A.owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B.having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4.With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a.bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b.personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5.The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6.BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k.Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1)fire; (2)smoke; (3)collapse; or (4)explosion. I.Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1)If the damaged work, or the work out of which the damage arises, was performed on the Named Insured’s behalf by a subcontractor; or (2)If the cause of loss to the damaged work arises as a result of: (a)fire; (b)smoke; (c)collapse; or (d)explosion. B.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured’s behalf by a subcontractor. C.This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7.CONTRACTUAL LIABILITY – RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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 a Named Insured or temporarily occupied by a Named Insured 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; e.An elevator maintenance agreement; f.That part of any other contract or agreement pertaining to the Named Insured’s business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes 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; (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. 8.ELECTRONIC DATA LIABILITY A.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p.Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (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. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. B.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C.The following definition is added to DEFINITIONS: Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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 purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in 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. 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. E.If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9.ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses’ acts, errors or omissions in the conduct of the Named Insured’s business. 10.EXPECTED OR INTENDED INJURY – EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11.GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A.For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1.All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2.All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. B.All: 1.Damages under Coverage B, regardless of the number of locations or construction projects involved; 2.Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3.Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C.The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D.When coverage for liability arising out of the products-completed operations hazard is provided, any 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 shown in the Declarations, regardless of the number of projects involved. E.If a single construction project away from premises owned by or rented to the Insured has been 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. F.The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12.IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13.INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b.This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured’s primary business purpose, and only if: (1)such bodily injury is caused by an occurrence that takes place in the coverage territory. (2)the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i.add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii.delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. the Insured’s actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii.add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual’s race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C.DEFINITIONS is amended to: i.add the following definitions: Health care incident means an act, error or omission by the Named Insured’s employees or volunteer workers in the rendering of: a.professional health care services on behalf of the Named Insured or b.Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a.Physician; b.Nurse; c.Nurse practitioner; d.Emergency medical technician; e.Paramedic; f.Dentist; g.Physical therapist; h.Psychologist; i.Speech therapist; j.Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii.delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iii.amend the definition of Insured to: a.add the following: the Named Insured’s employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured’s business; when such bodily injury arises out of a health care incident. the Named Insured’s volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured’s business; and (2) bodily injury to an employee while in the course of the employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; when such bodily injury arises out of a health care incident. b.delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D.The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b.Excess Insurance (1)To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14.JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: 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, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a.any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b.the bodily injury or property damage first occurred after such termination date; and c.there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c.above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15.LEGAL LIABILITY – DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED’S CARE, CUSTODY OR CONTROL Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. A.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j.Damage to Property Property damage to: (1)Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2)Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3)Property loaned to the Named Insured; (4)Personal property in the care, custody or control of the Insured; (5)That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured’s behalf are performing operations, if the property damage arises out of those operations; or (6)That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i.tools, or equipment the Named Insured borrows from others, nor ii.other personal property of others in the Named Insured’s care, custody or control while being used in the Named Insured’s operations away from any Named Insured’s premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a.property at a job site awaiting or during such property’s installation, fabrication, or erection; b.property that is mobile equipment leased by an Insured; c.property that is an auto, aircraft or watercraft; d.property in transit; or e.any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. B.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured’s care, custody or control, while being used in the Named Insured’s operations away from any Named Insured’s premises. The Insurer’s obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D.Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6.Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a.$500,000; or b.The Damage To Premises Rented To You Limit shown in the Declarations. E.Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii)That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured’s care, custody or control; 16.LIQUOR LIABILITY Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17.MEDICAL PAYMENTS A.LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7.Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C – Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1)$15,000 unless a different amount is shown here: $<insert ($) amount>; or (2)the amount shown in the Declarations for Medical Expense Limit. B.Under COVERAGES, the Insuring Agreement of Coverage C – Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b)The expenses are incurred and reported to the Insurer within three years of the date of the accident; and Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 18.NON-OWNED AIRCRAFT Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1.the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2.the aircraft is rented with a trained, paid crew to the Named Insured; and 3.the aircraft is not being used to carry persons or property for a charge. 19.NON-OWNED WATERCRAFT Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2)a watercraft that is not owned by any Named Insured, provided the watercraft is: (a)less than 75 feet long; and (b)not being used to carry persons or property for a charge. 20.PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A.Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B.Under COVERAGES, Coverage B – Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1.delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a)the Named Insured; or (b)any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2.add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21.PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A.Under COVERAGES, Coverage B –Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B.Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B: 1.Paragraph 2.d. is replaced by the following: d.The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2.The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer’s request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C.This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22.PROPERTY DAMAGE – ELEVATORS A.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23.SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows: A.Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B.Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 24.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured’s Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25.WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1.the Named Insured’s ongoing operations; or 2.your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1.is in effect or becomes effective during the term of this Coverage Part; and 2.was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26.WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION – CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A.The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1.Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured’s ongoing operations at the project, or during such operations of anyone acting on the Named Insured’s behalf; nor 2.Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B.Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c)Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured’s involvement in that consolidated (wrap-up) insurance program. C.DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1.single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2.the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page Insured Name: WILDSTONE CONSTRUCTION LLC Policy No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: Policy# 7039470079 Policy Effective Date: 07/29/2023 Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No:; Page: Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I.LIABILITY COVERAGE A.Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1.a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b.The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2.Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a.Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b.Does not apply to: (1) (2) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or Any such organization that is an insured under any other liability "policy" providing auto coverage. 3.Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II – WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4.An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1.Which are no longer in force; or 2.Whose limits have been exhausted. B.Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1.In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2.In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS Policy No: Policy# 7039470079 Policy Effective Date: 07/29/2023 Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: ; Page: Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. C.Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II.PHYSICAL DAMAGE COVERAGE A.Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B.Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a.$60 per day, in lieu of $20; subject to b.$1,800 maximum, in lieu of $600. C.Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a.$1,000 maximum, in lieu of $600. D.Hired "Autos" The following is added to Section III. Paragraph A.: 1.Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a.Any covered auto you lease, hire, rent or borrow without a driver; and b.Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c.The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d.The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e.Such physical damage coverage for hired autos will: (1) (2) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E.Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Policy No: Policy# 7039470079 Policy Effective Date: 07/29/2023 Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: ; Page: Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. F.Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c.Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d.A $100 per occurrence deductible applies to the coverage provided by this provision. G.Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a.Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b.Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c.Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d.The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) (2) $5,000; or 20% of the auto's actual cash value (ACV). III.Drive Other Car Coverage – Executive Officers The following is added to Sections II and III: 1.Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a.An auto owned by that "executive officer" or a member of that person's household; or b.An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) (2) Equal to the greatest of those coverages afforded any covered auto; and Excess over any other collectible insurance. 2.For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV.BUSINESS AUTO CONDITIONS A.Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Policy No: Policy# 7039470079 Policy Effective Date: 07/29/2023 Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: ; Page: Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. (4)Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6)Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B.Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C.Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D.Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E.Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a.45 days of coverage in lieu of 30 days. V.DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Business Auto Policy Policy Endorsement NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS Policy No: BUA 7039381998 Policy Effective Date: 07/02/2023 Policy Page: Form No: CNA68021XX (02-2013) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: Page: Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Business Auto Policy Policy Endorsement HIRED AUTO PHYSICAL DAMAGE LIMIT ENDORSEMENT Policy No: Policy# 7039470079 Policy Effective Date: 07/29/2023 Form No: CNA89114XX (05-2017) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: ; Page: Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. It is understood and agreed that this endorsement amends the Business Auto Coverage Part Declarations by adding the following: The Hired Auto Physical Damage Limit of Insurance for Comprehensive and Collision Coverage is the: 1.Actual cash value; 2.Cost of repairs; or 3.amount of $100,000 whichever is less, minus the applicable deductible. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Business Auto Policy Policy Endorsement HIRED AUTO PHYSICAL DAMAGE LIMIT ENDORSEMENT Policy No: Policy# 7039470079 Policy Effective Date: 07/29/2023 Form No: IL 00 21 09 08 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: ; Page: Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright Insurance Services Office, Inc., 2007 FORM SUMMARY: The policy includes the following forms, endorsements and exclusions, which may not be deleted. FORM ED. DATE FORM NAME CG0001 04/13 Commercial General Liability Coverage Form CNA74705XX 01/15 Contractors' General Liability Extension Endorsement CNA74844XX 04/15 Additional Coverage Limited Pollution Liability Coverage - Worksites Endorsement CNA75079XX 03/22 Blanket Additional Insured - Owners, Lessees or Contractors - with Products- Completed Operations Coverage Endorsement CNA75119XX 01/15 Deductible Applicable to Damages Endorsement CNA74843XX 01/15 Pollution Exclusion Amendatory Endorsement CNA74687XX 01/15 Silica Exclusion Endorsement CNA74708XX 01/15 Fungi / Mold / Mildew / Yeast / Microbe Exclusion Endorsement CNA74761TX 01/15 Employment-Related Practices Exclusion Endorsement - Texas CNA74801XX 01/15 Contractors - Professional Liability Exclusion Endorsement CNA74863XX 01/15 Construction Wrap-Up Program Exclusion Endorsement CNA74892XX 01/15 Exterior Finish System Products/Completed Operations Property Damage Exclusion Endorsement CNA75089XX 01/15 Exclusion - Access or Disclosure of Confidential or Personal Information and Data-Related Liability - with Limited Bodily Injury Exception Endorsement CNA75108XX 01/15 Broad Named Insured Endorsement CNA62646XX 01/15 Bridge Endorsement CNA74702XX 01/15 Changes - Notice of Cancellation or Material Restriction Endorsement CNA74726XX 01/15 Calculation of Premium Endorsement CNA74898TX 01/15 Experience Rating Modification Endorsement - Texas CNA74904TX 01/15 Duties Endorsement - Texas CNA74719XX 01/15 Asbestos Exclusion Endorsement CNA74727XX 01/15 Nuclear Energy Liability Exclusion Endorsement (Broad Form) Continental Casualty Company Insured Name: WILDSTONE CONSTRUCTION LLC Policy# 7039470051 No: Endorsement No: Effective Date: 7039470051 07/29/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Attac[�ment �vde; D618545 Master ID: 1525357, Cerri�irate ID: I9717b29 W:iive�• Qf SubragRtivn {Blanket) Endorsement ZURICH Po�iay t�o. Efi. Date of �'vl. Exp. €�ate of pol. �ff. �ate of End. PCoducer A[o. Adc{'I Prerq Retum P�'ern CL� 311fi89�-40 12I01J2022 121Q'i12�23 121(]112D22 09a79f1�D TH�S EIFDORSEME,'�V'T CHANGES THE PQL3CY. PLEASE RE.AD IT Cr1REFC�L,LY. Tliis endorseuient modi�es insurance p,mvided under the: Cammercia[ Gene�•al Liability Co�erage Part T1ie foilowing is added to t4ie TransFer �f Rigbts Uf Reco� er�• AgAins# �thers To L3s Cnr�dition: If yoU ax•e required hy a writien canFract ar agzeement, wluct�is exe�ted 1�efore a Ioss, tn wai�e your tig[�is of reco�ery frouz others, �ve agree tu ti�vaive our riglits uf recovery. T�is w�iver of ri�ts shall nat be construed to he a«aiver tvith respect to any other aperatians in ��hicl� ttae insured I�as na contractual inferest. v�L-�2s-� cw i�210 i j Page 1 af 1 Attacluuent Cade: Df l85461vlaster II]: 1525357. Certificate ID: I9717�24 Addit�onaf Ensured — Automatic -- C�wners, Lessees �r Gontractv�-s � TNfS �NDORSEM�NT CHANG�S THE P�LICY. Pl.EA5E REA� �T CAR�FII�LY. —.. ....--- — _-. _— ....._ _ _..._.._ Palicy hl�. GL� 3� 1689U-QQ Effective 121112fl22 7his e�rdc��sement modiTies insurar�ce pravid�d under the: Commercial Generaf �i�biii#y Coverage Pa�t � ZURI�H � _ ...._.—� A. Section il — Who Is An Ins�red is amencied to in�lude as an additianai insured any person qr arganiza#ian wl�om you are required to add as an additPonal insured under a wri#ter� cantract ar writte� agreem�nt executed by you, �ut only with r�s�ct t� liabiiity #vr "I�odily injury", "property damage" ar "pers�nal ar�d advertising injury" and su�j�ct tn the fol�awing: 1. If suc� written r,�ntract or wrii#e� a�reement specifically requires �a# you pravide that #he person or orgar�izat€on he named as ar� additional insured under vn� ar hflth of the fallowir�g endarsemen�s: a. The fnsuran�e Servic�s Uff"tce [IS�y !SO CG 2a 1D [101Q1 editi�nj; or �. 7he 1S� CG 20 37 �1QIQ1 ed'€tion}, such person ar organizati�n is ti�en an additinnal insured with respect to such er�darsement{sy, but oniy to the extent that "�o�iky ir�jury" ,�property damage" or "per�onal and ad�er#ising in�ury" arises aa�t of: {1j Yo�r vn�oir�g aperations, with respect to Paragraph 1.a. a�ove; ar {2} "Your woric", w€th respect fo Paragraph 1.b. ahove, which is the subqect �f the written contract or writ#en agreem�nt. Hawe�er, so�ely with respect to this Paragraph 1., insurance affvrded to such addi#iQna# insured: [a} Only applies i# the "bodily injury" "�roperly dars�age" cx "personai and advertising injury„ �ff�nse nccurs during the pQlicy p�riod and suhsequeni to your ex�cution af the writt�n cantraGt ar wriiten agreer�er�t; and �by []o�s not apply ta "hodily injury" ar "proper#y damage" caused by "your work" and €r�c�uded within the „�rodu�#s-completed aperations haza�d" un#�ss the writ#er� contract ar wrilten agreement speci�cally req�rires that yau praysde such caverage to su�h additionaf insured. 2. If such writt�rt contract ar written agreement specifically requires #hat you prpvi�e t�at the person or org�nizatian k� named as an additional insused und�r nne or both af th� #allawing endorserrients; a. The lnsurar�oe Servic�s Office �1SQj IS� CG 201D {D71Q4 edif�on}; or b. �'he ESO CG 20 37 �q7104 edifivro}, such persan ar organi�a�ian is then an addi#ior�al insured with r�spect tv sud� �ndorsement{s}, but or�ly to the extent tttat "bod'€fy injury", "prvperty damag�" �r "personal and advertising injury" is caused, in whale or in pari, �y: (1 y Your a�ts ar amissinns; or �2} The acts or omissions of thase acting on yaur behalf, Invludes copyrighted materiaE of Insurance Services Ofi'ice, Inc., with its permissio�. �-GL-21B2-A CW [02119] Page 1 af 4 Attaclament Code: DGI8S46 Master ID: 1525357. Certificata ID: 19717fl29 in #f�e per€arrnanGe af: ta} Your ongaing aperations, with respect to paragrapf� 2.a, above; or jb} "Your r�ork" and incfuded in the "�FOCIitGtS-COR3�]I��Ed OjJ�r�t[OilS h��1�ii", v�ith respect to Paragraph 2. b. above, which is the suhject �f fi�e written �ontract or written agreerrEent. However, salely wi#h respec# to this Paragraph �., insuCan�e affarded ta s�ch ac3ditior�ai insured; {i} an[y applies if ft�e "�odify injury", "pr�perty damage" or "persnnal and advertising €r�jury" o�Fense ❑ce�rs during the policy peri�d and subsequerst ta yaur exec�tior� nf the writterr contract or wriifen agreement; and �ii] Does nnt apply to "�vdily injury" or "praperty dar�age" ca�tsed �y "your work" and included within the "produ�t�completed aperat�vns haz.ard" ur�less the written r.antract ar writ#en agreemen# specifical[y requlres that you pr�v[de su�h caverage tv sucFt addifianak insured. 3. if neiiher Paragraph �. nar Paragraph 2. a�ove apply and such wri#ten con#ract ar written agreemeni requir�s that you provid� that the person or organizativn be named as an addifiar�al insured: a. Un�er t�e ]50 CG �0 10 [p41� 3 edition, any subs�q�aen# edi#�on ar if na editian date is speci�ed}; or b. Vllifh respect to ongoing aperations {if �o form is specified}, such persan ar argan9zatior� is then an additional insurer3 ar�fy to the ex#ent thai "bodify injury", "praper€y damage" ar "persvnai and advertisirtg injury" is caused, ir� whole or in part hy: (1 y YoUr acts or vmissians; ar [2j The aots or �miss9or�s of those a�ting an your hehalf, in #he perfarmance o� your angaiRg operations, which is the su�ject af the writfen eor�tract or written agreement. However, salely with re��ect #� this Paragraph 3., insurance afForded to such additianal �nsured; {aj �nly applies to th� ex#ent permitfed hy 1aw; [�] WiII not �e �raader than that which yau are rsquired by the written cor€tract ar written agreement ta pmWde for su�h additianal insured; and {C} Only applies if the "badily injury", "praperty damag�" ar "persanal and advertisi�g injury" o#Fense occurs during fhe polioy period and su�sequent to your execu#ion af the written ao�tract ar written agre�ment. 4. If neitt�er paragraph 1. nor paragraph 2. a�ove appfy and su�h ►nnitten r.on#ract or writter� agreement requires that yau pro�ide that the person ar arganizafion ioe named as an additivna[ ins�red: a. Llnder the 150 CG �4 37 {04113 edition, any subsequent editivn �r if no editiar� date is specified}; or b. With respect to #he "pr�ducts-completed operatior�s hazard" �I� 11O fOfRi ES 5j7ECffl@CI�, su�h persan or orga�9zation is then an additior�al insured only to the extent that "hadily injury" or "property damage" is caused, �n whale ar in part by "your wark" and ir�cluded in fhe "prod€a�ts-completed op�ratior�s hazard", W�7jCY1 15 the su�jeci af the wriften v�ntr�cf ar written agreement. Nawever, solely with respect to �tis Aaragraph 4., insuranee afforded tv such additional i�sured: {1 } On)y applies ta ti�e ext�nt permitted by law; �2} Wifl nat k�e �roader than that w�ich you ar� �equired by th� wriiten confract or wriften agreer�ent ta provlde for such additianaf insured; (3} Onfy appiies it the "bodily injury" ar "properky damage" occurs during the pofi�y perifld and subsequent tfl yaur exe�ufion of the wriEten cor�tract a� writien agreement; and u-cL-2�a2-AcW 4a2�18) In�€udes copyrighted meteriaE of Insurance ServEces Offi�e, Inc., with ifs permissian. page 2 of 4 A#[a�luuent Cade; D61854G Mas€er ID: 1525357. Certificate ID: L9717�29 �4} paes nat apply to "bodily injury" ar "property dar�age" caused by "your work" and incf�ded wif�in the "produ�ts-eorr3pleted op�ratians haxa�d" unfess ti�e written c�ntraot or written agreement speci�cally requires that you prarride su�� r�verage to su�h additional insured. B. 5olely wifh respe�t fo the insurance a€fnrded ffl any additional insured referenced in 5eciian A, af this endor�ement, the follawing ado�itional exc�usian appEies; This ins�arance d�es not ap�ly ta "bodily injury", "prnper[y damage" or "per�onal and advertising injury" arising aut of the rendering af, ar failure to r�nd�r, any prafessinnai architectural, engine�ring ar s�arveying servi�es incfuding: 1. The pre�aring, appraving or falling ta prepare or apprave r�aps, sho� drawings, apinior�s, reports, SUNL']+5, freld orders, change orders or drawings and specifica'�vns; or 2. Supervisary, inspectio�, architectural ar engineering acfiviEies. This exclusio� applies even if the claims against any insured allege �egligence or o#her wrangdo9ng in the supervision, f�iring, employmeni, training or monitoring of ofhers hy that insured, if the "accurrence" which caused f�e "6adily injury„ or "praperty damage", ar the offense which caused the "persortal ar�d adveriisin� injury", ir�vaEvad the rende�ing of vr t�e faiiure ta render any prof�ssionaf arehite�#ural, engineering or s�rrv�ying servioes, C. Solely ►n+�ih respect fo the �average pro�9ded by this endarsement, the fofiawing is added to Paragraph 2. D�rties Ir� The Event Of Oc�urren�e, Of%nse, Claim C7r S�it of Sectian iV ----- Camrrtercial General Lfability Canditions: The addit€or�al insured must see to it that: [1 } We are noti�ed as sovn as practicabfe of an "accurren�e" or offense that may result in a �laim; (2} We receive wri#ter� natice of a Elaim or "su[t" as soon as practicable; and 43} A reques# far defense and indemniiy af the claim or "s�it" will pramptly 3� brought againsi any policy Essued by anather insurer under wh€ch fh� additionai insured may f�e an insured ir� any capacity. This provision does nat apply ta ir�surance an whid-E #he additianal insured is a�lam�d lnsured if the written cantract or wtitten agresm�nt requires that this cnverage 6e primary and �an-r.ant�ibufory. [i. Solefy wit�t respe�t ta the caverage pravided hy this endarsement: 'I . The foElowing is added to the �ther fnsurance Condition ofi Se�iion lV — Camrnercial Genera! Liahility Conditi�ns: Primary and �loncantribu#ary insurar�ce This insuran�e is primary to and wilf r�ot seek cantrihutian f�om any other insuranr,� availa�le #o an additiana� insured provided t#�at: a. "fhe additional insured is a Named lnsured under such other insurance; and b. YQu are require� by written cantract or writ�en agreement that #his ins�ranre 6e primary and r�at seek �ontributian #rom any ot�er insurance avai�able #Q the additional insured. 2. The fol[owiRg paragraph is added to Paragraph 4.b, of the Qther Insuran�e Canditinn �nder 5ection EV — Commercial General l.iahility Conditions; This i�surance is excess aver: Any of the other �nsurance, whether primary, excess, aontingent or an any other basis, availahle to an additionaf ins�ared, in w�i�h the additional insured on our �olicy is alsQ covered as an additianal insured on anot�er palicy providing caverage for the same "accurrence", a#fense, c€aim ar "suit". This provision does nat app[y to ar�y pnlicy in which fhE additianal insured is a 3Vamed Insured on such other pfllicy and where Qur poli�y is required by a wri#en contract �r written agreement to pravide coverage to th� additional insured on a primary and nan- cantribuiary basis. E. 7his endarsement daes r�ot apply ta an additianal insured which has been added to this Co�erage Part by an ettdorsement showing the additianal insured in a 5chedule of additional insureds, an� which endorsement a�plies speci�caffy ta that U-GL-2162-ACW (b21i9} Incl�des capyrighted material af insurance Services affios, lnc., with ifs permissian, pags 3 oF4 AttacfunentCnde: D618546 Master ID: 15?5357. Cexti��ata ID: 197f7029 F. Soi�ly with respect to the insurance afFord�ci ta an additiona[ insured under Aaragraph A.3. ar Paragraph A.4. of thfs endorsemen#, t�e fallowing is added to 5eciian I�[ - Limits Of insurance: Additional Ir�sured — Autarnatic -�-- Owners, Lessees pr Cantra��ors Limit �he most we will pay on behatf o# the additianal insured is the amaunt af insurance: �. Required by the written �ar�tract or w�i�ten agreement referen�ed in 5ectian A. of this endors�m�nt; or 2. Avai�able under fhe applica�le Limi#s �f Insurance s�tnwr� in the �ieclaratirans, whichever is Iess. This endorse�nent shall nat in�rease the applEcable E.imits of Insurance shown in ti�e Declarations. iJ-GL-2182-A CW (fl2119J Inc[udes copyrighted materiai o# fnsurance Serv�ces Offce, Inc., wiih ita permissEan. page 4 af 4 Attaclimeut Code: D618S47 Master ID: i52S357, Certificate ID: 19717Q29 �average Ex��nsion Endorsement �uR�c� THIS EI�DORSEMENT CHANGES iHE POLiCY. PLF_ASE REAE] fT CAREFULLY. Pnlicy Na. BAP 3916888 EfFect�ve �ate: 12111��22 This endarsement rr�odifies ir�surance pravided under #he: Business Auta Co�erage Form Matar Carrier Caver�ge Farm A. Amended VUha Is An Insured 1. The �a{lawing is added to #h� Who Is An lnsured Provision in 5ection {] The faltowing are als� "ir�sureds": Cov�red Auios Liability Coverage: a. Any "employee" of yo�rs is an "�nsured" while usir€g a covered "auto° yau don't own, hire or �Qrrow for acts per#armed within tt�e scape o# emplayment by you. Ar�y "employee" of ynurs is also an "insur�f" while operafing an "aui�" hired or rented under a �ontract ar agreement in an "ers�p[ayee's" name, with ynur permissian, whiie perFarming d�ties re[ated t� �I�e canduct of your bus�ness. b. Anyane valunteering services to you is an "insur�d" while using a r�verec! "auta" you don't own, �11iE OC bOFfQW t0 LfBCiSpQI# }IOtfr C�I8t1#5 OC O��IBf j7@CSD115 l�l �CtlVt�leS I1f?C@SSaf]I t4 yOUf �JL€SIf1�SS. c. Anyo�e eise wha f�rnishes an "aufo" referenced in Paragraphs A.1.a. and A.1.b. in this endarsement. d. Where and #a the extent permii�ed i�y 3aw; any person(s} or organization�s} w�ere �equired by written contract ar writken agreemEnt with y�u executed priar to any "accident", inc€udir�g those �ers�n(s) or organization(sj d�recting ya�ar wor[c pursuant ta suGh written cantract ar written agreem�nt wifi� yau, �ravided tf�e "accident" arises aut �f bpara#i�ns gaverned by such cantracf or agreement and onfy up #a the lim�ts required in #he written contract ar written agr�ement, or t�e Limits af insuranc� shown ln #he C]ec[aratians, whf�hever is fess. 2. The fallvwir�g €s added ta the �ther fnsurance Conditian in the Business Auto Coverage Form and the Dther fnsurance — Primary and Excess [nsurance Provisions Condition in th� Motor Carrier Coverage Form: Coverage far any personts} or nrganizatian{s}, wtiere r�*quired hy written conir�ct or wri#ten agreernent wit�t you executed priar t� any "a��ident", will apply an a primary a�d non-cor�fri�utory basis and any insurance maintained by the additiortal "insured" will apply an an excess basis. Hor�ever, in no event wi[I this caverage extend beyond the #errrts and candifians af !he Coverage Fnrm. B, Ar�eRdment— SeappEementary Payments Paragraphs a.[2y and a.�4y ofi the Coverage Extensi�ns Pfo�ision in 5ecfion ][ — Co�ered Autos Liabifity Ga�erage are replaced by the foilowing: [2} Up to �5,�D0 €or fhe cost of laail bonds �includi�g bor�ds far relaiad traffic law vialatians} required k�ecause oT an "acc[dent" we �over. We da nat have to furnish t�ese bor�ds. t4} All reas4rtat�le expet�ses in�urred hy the "insured" at a�r req�gst, induding actual Icass af earnings up to $5�0 a day because of Eime off fram wark. C. Fellow �mpfoyee Coverage u-�a-a7a-� cw [�ora, y Indudas copyrightad material af insurance 5ervices ��fice, Inc., with iis permissior�. page i of B Atta�l�nent Cade: D618547 Master ID: �S? 5357, Cer#ificate ID: 19717�29 �. �river Safefy P�agram �iahi[ity and Physical CJarrtage Caverage �. �he folEowing is added to the Racing Exclusian in 5ecti�n fl — Co�ered Autas Liability Goverage: Ti�is ex�lusian daes �ot apply ta cavered "autos" participa#ing in a driver safery program event, such as, bu� nflf firrz9ted to, auto nr truck radeos and ofher auto or tr�ck agility dem�nstrations. 2. The fo�lor�ving is added to Paragraph 2. in B. �x�lusians of 5ection Ifl — Physir.a! Damage Coverage of the Busi�ess Auta Cflverage Form and Paragraph 2.�. in 6. Ex�lusions af Secfion iV — Phys]caI �amage Coverage af the Motar Carrier Caverage Form: This exclusiQn does r�at appfy to oovered "autos" participafing in a driver safety program event, such as, hut �ot limited to, auta or iruoK radeas and ather auto or #r�.f�k agility demonstratia�s. E. Lease or Laan Gap Goverage The fallawing is added to the Coverage P�nvision of t�e Rhysi�al �amage Coverage Section: Lease Or Laan Gap Caverage lr� the e�ent af a total "loss" ta a covered °auta", we will pay any unpaid amaun� due on th� lease or loan far a covered "auto", less: a. Any amnunt paid under fhe Physi�al �amage Ca�erage Se�tion vf the Coverage Form; and b. Any: {1} �verdue fease flr I�an payments at the time of th� "loss'; �2j Financial penalfies imposed under a lease for ex�essive use, abnarrrta! vvear and #ear ar high mileage; [3y Secu�ity de�asits no# returned by the lessar; �4} Costs �or exCended warranties, �redit life lnsuran�e, heafth, accident or disabiiity insurance purchased with tt�e loan ar lease; and {5} Carry-aver balan�es from previaus lcases or loans. F. Tawing and La�or Paragraph A.2. af fhe Physical Damage Coverage Section is replaced by t{1e fallowing: We will pay up ta $75 #or touving and la�or casts incurred each t€me a cavere� "auto" that is a"p�ivate passenge� type", light #ru�k nr medium truck is disabfed. Fiowever, the lahor must �e perfarmed at the place of disablement. As used ir� this pravision, "private passenger type" means a private passenger ar statinr� wagon type "a�a#o" ar�d ir��ludes an "auto" of the pickup ar van type if nflt used #ar business purposes. G. Extended G€ass C�verage The fallowing ls added ta Paragraph A.3.a. af the Physical Damage Cflverage Se�tion: if glass rr�ust 6e replace�, the deductible shaw� in tY�e �eclara#ions will apply. However, if glass can he repaired and is a�tualEy re�aired rather than repfa�ed, th� ded�actible wiil be waived. You have the aption of having the glass repaired rather thart replaced. H. Hired Auto Physica[ oamage-1ncr�as�d Loss �f Llse Expenses ihe Coverage Extensian far Lass �( Lise Expensss in the Physical Damage Coverage Section is replaced �y the folfvwing: Lflss Of tJse �xpenses For Hired Auta Phys9ca[ Damage, we wilf pay expenses for which an "insured" hecames legaliy respvnsibl� #o pay far loss of rase af a vehieE� rented or hired without a driv�r under a written rental contracf ar written renta� agreement. We wil[ pay far Ivss af use expenses if �ause� �y: �1 } Qther th�n col[ision an[y if the �eclaratinns indicate t�ra# Comprehensive Caverage is provided far any covered IncEudes ca U-CA�i2Q-F{ CW {1Qf�1 j �yrighted material af Insursnce Servlces Dff�e, �nc., with its parmfssian, pe9� � op � Attaclinient Code: D6t8547 Master ID: 15hS3S7. Gertificate ID: 19717�?9 {2j 5pecified Causes Df Loss onfy i€ the E3ecfara#ions indicate ihat Spe�i�ed Causes �€ �.ass Coverage is provided for any covered "aufo°; or �3} Collisian Q�►ly if the �eelara#i�ns indicate that C�Ilisinn Co�erage is provided #or any caverer€ "autd'. Hawever, the most we will pay for any expenses for ioss of use is �10Q per day, #a a maximum of �3UDQ. I. Personal EfFects Caverage ihe fofEowi�g is added to the Coverage Pravision of th� i�hysical ❑amage Cflverage 5ection: Personal E�#eats Cflverage a. We wiEl pay up to $750 far "loss" ta personal efFecfs which are: �1 } PersQna� praperty owned hy an "insured"; and {�} In or �n a covered "auto". �. Subject to Aaragraph a. ahave, the amnUnt #o be �aid for "3nss" ta per-sonal efFec#s will be k�ased on the fesser af: {1 y The reasor�able cost to replace; or �2} The actual cash value. The caverage provided in Paragrapi�s a, and b. aba�e, an€y applies in the ev�r�t af a tata� theft afi a cnvered "auto". iVa dedu�tihfe appfies fo this oQverage. However, we will not pay tor "Iff55�� to personal efFects of any af �he folfowing: [� } A�caun#s, �ills, currency, deeds, eviden�e o€ debt, maney, not�s, se�urities, or cammercial paper ar a#her documents of value. �2j Bulfian, gold, silver, piatinurn, ar other precious alfoys or metals; furs orfur garmer�ts; jewe#ry, watches, pre�iaus ar semi-precious stones. {3) Pain�r�gs, statUary and �'#�er works of art. {4} Cvn#raband or �raperty in the course af illegal transpartat�on ar trade. (5} Tapes, recards, discs or ather similar devioes used wi#h audio, visual or data efectronic equi�rr3ent. Rny coverage prov�ded by this Pravision is excess over any other 9r�sura�ce Goverage avaiiabfe for the same "�oss". J. Tapes, Re��rds and Discs Co�erage 1. The Excl�asian in Paragraph B.4.a, o# Section 11( — Ahysical ❑amage Coverage in the B�sir�ess Auta Caverage �orm a�d the �xcl�sian in Paragraph B.�.�. of Section fV — Physical oamage Coverage in fhe Motor Carrier Coverag� Form does not apply. 2. The faflawir�g is added #o paragraph 9,a. Compr�F�ensive Coverage under the Cav�rage Pravisian of the Physical Damage Coverage Sectian: We will pay far "loss" ta tapes, rec�rds, discs or other similar d�vices used wifh audia, visual or daia ele�trnnic equiprr�en#. We �vif I pay oniy �f #he tapes, records, discs ar other s�milar audia, visuai ar data elecicanic devices: {a} Are the property of an "insured'; and [b} Are in a cavered "auto" af the time of "iass". The mvst we wifl pay for su�h "IQ55�� to tapes, re�ords, {�15C5 Qf QF,�lOf 5EIT11�8C d2ViCE5 IS `�J�OO. Th8 Phy51C�I QalTla�� Caverage Deductihfe Provision daes not apply ta such "Ioss", K. Airbag Coverage Tf�e Exclusion in Paragraph B.3.a. of Se�tion I11— P1�ysical ❑amag� Co�erage in ff�e Susin�ss Auto CaVerage Form and the Exclusion in Paragraph B.4.a. nf Seution IV ---- �hysical �amage Cn�era�e ir� the Motor Carrier Coverage Form does n�f a�p�y to the accidental dis�harge of an airbag. L. Twa or More �ed�ct[bles 3he fakfawing is added tv the C7educti�le Provisian af the physieal oamage Coverage 5ection: Li-CA-G2A-H CW {1fl124) IncEudes capyrighfed matarial of Insurancs Servioes dffic�, Inc., with its perrriissian. page 3 vf S Attaclunent Cvde: D518547 Niaster ID: iS253S7. Certificafe IIJ; ]97I7fl�9 I# arz accident is cn�ered k�pth 6y fhis policy ar Co�erage Form and k�y another policy or Co�erage Fnrrn issued ta yau t�y us, the faflnwing applies for each ca�ered "auto" on a per vehicle basis: '1. if the deduvtihle an fhis palicy ar Co�erage Fvrm is the smaller �or sma[€esty deducti6le, it will be waived; ar �. !f the dedu�tibfe on this poli�y or CQverage Form is not the smaller [or smallestj deductibfe, it wil] he reduced by the amount af t�e smaller �or smal2est} deductible. M. Temporary 5ubstiiute Au#�s - Physical Damage 'I. The #ollor�ing is added to Sention I-- Co�ered Autos: Femporary 5ubstitute Autas - Pf�ysicaf Darr�age If Physical f]amage Coverage is provided Iay ihis Coverage Form an ya€�r owned cnvered "autos", fhe following types of �ehi�les are atso covered "autas" fpr Physical Damage Coverage: Any "auto" ynu da not awvn when used with the permission af 9ts owner as a ter-rEporary substi#uta far a cvv�r�d "autv" you da owr� hut is ouf of servir.e be�ause af its: 'f. Breakdown; 2. Repair; 3. 5ervicing; 4. "Loss"; or 5. ❑estructivn. 2. The faf2owing is added ta the Paragraph A. Co�erage Provision of the Physical �}amage Cpverage 5eetion: Temporary Su�stitute Autos - Physical i]amage We wiEl pay #he owner far "Ioss" #o the #emparary s�l�stitute "auta" unless t�e "Ivss" results from fra�dulent acts or omissions vn your part. if we make any payment to the owner, we will ob$ain #he owner's rights against any ofher party. Th� dsductihle for the #emporary s�ahsfitu#e "auta" wi[f he the same as th� ded�ctik�le fvr the e.a�ered "auiv" it replaces. N. Amended �r�ties in Tf�e E�enf �f Accident, Claim, Suit �r Loss Paragraph a. of the Duties fn The E�enk Q€ Accident, Claim, Suit �r Loss Condition is replaced hy Ehe fo[Iowing: a. fn the event of "accideni", claim, "suit" Qr "�oss", you mus# give us vr our autharized represer�taiive prvm�t na#ice of the "ac�ident", cjaitn, "sUit" or "loss". Howe�er, #hese duties only apply when the "a�cident", claim, "suif" ar "Ivss" is known ta yo� {if you are an individualj, a partner �if yo� are a partnersYsip}, a member 4if you are a limited [iability campany} vr an executive o€ficer ar insurance manager �if yo� are a corpvration]. Tha failure of ar�y agent, servant or ernployee of the "insured" to notify us of any "a�cident", claim, "s�it" csr "lass" s�all not invalicfa#e the irtsurance ai#orded �ay this pofi�y, fnclude, as saors as prac#icahle: {1) Fivw, when and where fhe "ac�ident" or "loss" o�curred and i# a daim is made or "suit" Is braughf, written naf€ce Qf the claim or "suit" inckudi�sg, hut naf �imited tQ, the date and details of suci� �laim or "suit"; [2} The "i�sured's" name and address; and �3} To the extent p�ssfble, the narnes and addresses of any injured persons and witnesses. If yosa report an "ar.�ident", claim, "suit" ar "Ivss" to another insurer when yp�a shou�d ha�e reported to us, yor�r failure Eo report to us will nvt he seen as a viQlation o€ these amended duties pra�ided yau give us noti�e as sopn as practi�able after ihe fa�t of the defay heromes known to you. O. Wai�er of �rans�er Of Righ#s Df Recvvery Against Others To Lfs The following is ac3d�d ta #he Trans#er Of Righ#s Q# Reco�ery Against Qthers To L1s Cvndition: Inclucfes ca U-CA-42A-Fi CW (1[]129} pyrighfed material of Insurance Services Offirs, lnc., w€th its parmfssion. pgga 4 of fi Attaclur�ent Code; Df 1$547 Master ID: I5253S7. Cer�ificate ID: 19717p,�9 This Conditior� does not ap�ly to f�e extent required �f yau qy a written contract, executed priar ta any "accident" or "I�55", provided that the "accidenf" or "loss" arises aut af a�erations contemplated by such �onEract. This waiver anfy applies to the person nr arganizatinn designat�d in the contract, P. Emplay�e �iired Autos - Physi�a! Damage Paragraph b. af the Dii�er Insurance Candition in fhe Busin�ss Auto Ca�erage �'orm and �aragraph f, of the Dther lnsurance -- Primary ar�d Excess lnsura�ce Provisions Condition in the Mo#nr Carrier Cflverage Farm are repkaeed by the fallawing: Fnr Hired Auto PYsysical Damage Coverage, the following are deemed to be ca�ere� "au#as" you own; [1 J Any cav�red "auto" yau �ease, hire, rerot or 6orrow; and (�} Any �overed "auto" hired ar rer�ted under a written cantract or wri�ten agreemen# entered into by an "employee" or elecfed vr appainted officia! v►+iit� your �ermission wi�iie �eirtg opera#ed within the course and scap� �f that "smployee's" empinyment by you or tha# e4ecf.ed or appointed affi�iaf's d�tties as respect the€r obliga�ians ta yau. However, any "auta" #3�at is leased, hired, renfed ar barrawed vvith a driver is nflt a covered "auta". �. fJnintentionaf Failure tQ �isclase Hazards The #ol�owing is added to the Coneeafm�nt, Misrepresentatio� Qr Fraud C�ndition: Nawever, we will nat deny �nverage un�er ihis Caverage Forrn if you uninientionally; [1 }�a€� to disclose any hazards exisfing at t�e inceptian date of this Coverage Form; ar (2} Maice an error, omission, irxE�raper descriptian af "a�atos" or a#her misstatement of infarmation, Yau must notify us as snan as possihle after #he discovery of any nazards or any other in#or�atian that was not provided to us prior io the acceptance of this �alicy. R. Hired Auta -- World Wide Coverage Paragrapt� 7.b.t5j oF t�e Faficy Periacf, Gaverag� Territory Condition is replaceci 6y the follnwing: �5} Ar�ywhere else in the world if a cavered "auto" is leased, hired, re�ted or borrawed for a period of 6fl days ar less, 5. Bodi{y Injury Redefined The definition af "bodily injury" in the C3efinitions Sectian is repfaced by the fallawing: "Bodify injury" means �odiiy injury, s€ckness ar disease, sustained by a persnn inciuding d�ath or mentaf anguish, r�su[tir�g from any of these at any tirrEe. Mental anguish means any type of inenta] ar emo#ional illness or disease. T. Ex�ected �r fntended Injury The Expecfed �r Infend�d Ir�jUry Exalusion in Paragraph B. Exclusions ur�der Section 11— Cavered Auto LiabiEi#y Caverage is replaced by the following: Expected �r �ntended Injury "Bodily injury" vr "��aperty damage" expected or intended fr�m the stand�oint af the "insured". Ti1f& �7CCIGSEOTI d095 no# apply tn "�odi[y injury" or "property damage" resultir�g frQm #h� use af r�asanable force to pr�tect pers4ns or property. U. Physical �amage — Addi#ional Temporary Transportation �xpense Coverage Faragraph A.4.a. of Sectior� f][ — physical �amage Coverage is replaced by the fallowing: 4. Gaverage Ex�ensians a. Transportation �xpenses We will pay �ap to $50 per day tQ a maximum af ��,QOU for terrtparary transportation expense incurred by yau because of #�e tata€ theft of a cavered "auta" of the private passenger type. We wilf pay onEy for those cavered "autos" far w�ich yo�a carry eifher Car�prehensive or Spe�i�red Causes of [�oss Caverage, INe wili pay fflr tem��rary iransportatian expenses inc�arred during the periad heginning 48 hours after the theft and ending, u-GA�za-H cw ��a�a�a Invludes �apyrighted materiai aP Insuran�e Services Offioe, Inc., with its psrmissivn. page 5 af 6 Attaclunent Code: D618547 Master ID: I5?S3S7, Certificate II7: 19717029 V. �iep[a�ement of a Pri�ate Passenger Auto with a Hybrid or Afterrsaiive Fuel 5o�r�e Auto The fallawing is added to Paragraph A. Caverage af the Pt�ysical Qamage Co�erage Section: !n the eveni o€ a total "�ass" to a ca�ered "auto" oF the pri�ate passenge� type that is replaced with a hybrid "auto" or "auta" powered by an alfernative fuel sv�r�e of fhe private passer�ger type, we vrriil pay an additional 10°In af the cast vf the replacemenf "aufo", excluding tax, tiife, ficense, other fees and any aftermarket vehicle upgrades, up tv a max9r�-rum ofi �25�0. The �vered "auta" must be re�laced l�y a hybsid "auto" or an "auto" powered hy an alternati�e f�el source wi#hin 6a calet�dar days af the payment of the "fass" and evidenced by a biif of saie or new vehi�le fease agreem�nt. 3a qua[ify as a hybrid "auto", the "auto" musi i�e powered by a conventional gas�line engine and another so�arce of pr�puEsion pawer. The vther source vf prapuEsion power must be eleGtric, hydrag�n, prnpane, so€ar or naturak gas, either compressed or liquefted. io qualify as an "atata" powered hy an alterna#i�e fuel source, #he "autQ" must he powered by a so�rce of pro�ufsian power other Ehan a canventiona! gasoline engine. An "auta" sQfely pro�eiled hy biofuef, gasaline vr diesei fuel vr any blend thereof is not an "auto" pawered �y an aliernati�e fuel sour�e. W. Retum vf 5tolen AUtatT�obile ihe €ollowing is added to the Gaverage Extensinn �ro�isio� of the Pi�ysica! €�amage Coverage Secfinn: It a covered "autv" is stolen and re�avered, we wiil pay the cvsE af #ranspart #o retum the "auto" to you. We will pay only for tE�ose covered "autos" for whicF► you carry either Comprehensl�e or 5�ecified Causes of Loss Cove�age. Alf other terms, cnndi#ions, pravisians arsc3 ex�lusios�s of this pvlicy remain the same. U-CA-424-H CW (1 �12'I } In�lud�s copyrighted materia! of Insuranse Seruicas pffice, lnc., with its psrmission. page 6 af 6 Atta�lunent Code: D618544 Master �I]: 152535T. Certificate ID: i9717�29 W(]RKERS CflMPENSATI�IV AIVO £MPL4YEEi5 LIA8ILITY IPESllRANCE POLEGY YVC 00 03 73 {Ed. 04-84] V41AlUER �F 4UR RIGHT TD RECflV�R FROM 07H�R5 ENDaFt5EMEi�f7' We have the right ta recaver our payments from anyone 1ia61e far an injury �avered by this paliry. We will nat en#ar�e aur right against the pe�san ar nrganization named sn t�ee 5cheduIe, (This agreement applies only ta the extent that ynu perform waric under a written cnntra�t that requires you to ohtain this agreement from us.} 7his agreement shall not operate directiy ot indirectiy to benefit anyane not named in the SGheduie: 5chedule RLL Rf4t5�NS ANQIOR ORGRI�IZAT1f3N5 TFlRi ARE R�ql11RED 8V WRi7iEH CDiV7fZACT QR AGR�EME�FT WlTH THE IN5LIREO, �7CECUTEQ•PREqR TO 3HE ACCEDEf�i �Ft �DSS, THAT WAIVfR �F SUBRQGATIdN BE PR�ViDED UNaER 7HI5 PQLICY fQR WQRK P�RFflRMEd BY YQ[1 FDR TWA7 FER5C]�i Af�3D1�R ORGA�3iZATf�N This enBorsement changes the palicy tv which it is atta�hed and Is effetti�e an the date issued unless otherwise stated. (The information #setaw is required oniy rvhen this endorsement is issued suhseq�e�t tc preparation of the paEicy,) Endvt'sement Effer�v2 G�t5�2023 Polity hlo. WC 3tt5889-00 Endorsem�nt iVa. lnsured gean F3ectri[al, LLC Premium S Insur�nCe Company Zuri[h Ameritan 3nsurance Company b�/ Courrtersigned we�za (a-saj Copyright 7983 hlatianal Coun�il an Cornpensation Insuran�e, lnc. Page 1 af 7 WCnU0313 The General and Auto Liability policies include a Blanket Additional Insured endorsement that provides Additional Insured status to any person or organization required by written contract or agreement. The General Liability Additional Insured endorsement provides Ongoing and Completed Operations coverage to any person or organization required by written contract or agreement. The General Liability policy will be Primary without contribution from other such insurance available to the Additional Insured when required by written contract or agreement requiring such status. XCU is not excluded The General and Auto Liability and Workers Compensation policies include a Blanket Waiver of Subrogation endorsement if required by written contract or agreement. The Umbrella Liability policy follows form of the underlying General, Auto and Employers Liability policies. 30 Days Notice of Cancellation is provided to the certificate holder when there is a written contract or agreement requiring such notice, *except 10 days for non-payment. Certificate holder is Loss Payee on owned, leased or rented equipment as required by written contract. COMMENTS/REMARKS COPYRIGHT 2000, AMS SERVICES INC.OFREMARK Oak Grove; oat�i9-z �r�axc� sorm Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from. the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. n 5 NOW THEREFORE, the condition of this abligation is such that if Principal shall 5 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. 7 14 PROVIDED, HOWEVER, if Pri�ncipal shall fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Wark to be repaired and/or reconstructed with all associated costs thereof being bonns 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for tha Northern District of Te�s, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH P,lLI.�lDlUMDAKGROY& STANDARD C1TY COND1770NS — rifiVBLpPER AWARAED PROJECT5 104181 Revised January 3k, 2012 006219-3 MAINTINANCE BOND Pege 3 of 3 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1 IN WITNESS WHEREOR, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by dulq authorized agents and of6cers on this the day of 3 , 20 LLC � � �, � / ♦ ��► c��%�t?4 . : - �• ! i� �` �L � � ' i ATTEST: . • ��% � � Sarah Timmons Wi�ess as to Surety BY: Signature ������ Name and Tit Address: 12850 HWY 287 SURET'Y: Travelers Casualty and Suiety Company ofAmerica BY: �7!'� i�� Signature Sean J McCauley, Jr., Attorney-in-Fact Name �nd Title Address: One Tower Square Hartford. CT 06183 Telephone Number: (860) 277-01 l l *Note: If signed by an officer of the Surety Company, there must be on file a c�rtified extract from the by-laws showing that this person has aertharity to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CCTY OF FORT WORTH STANDARD C1TY CONDITlONS — DEV6LOpER AWARFEB PR07ECTS xev��a.r��, � �, zoiz PALLADIUM0.4KGRdYE �041&1 �� TRAYELFRSJ Tre�elers Casualty and Surety Campany of America Tra�e[ers Casualty and Surety Company St. Paul Fire and Marine insuranoe Company POWER OF ATTORNEY KNOW ALL MEN BY TMESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty ancf Surety Company, and 5t. Paul Fire and MBrine Insurance Company are corporations duly organized under the laws of the $tate of Connecticut (herein collectively catled the "Companies"}, and that the Companies do hereby make, canstitute and appoint SEAN J MCCAULEY JR of DALLAS , Taxas , their true and lawhal Attomey(a)-in-Fact ta sign, execute, seal and acknowledge any and all bonds, recognizances, conditio�al undertakings and oiher writings obligatory in the nature thereof on behalf of lhe Companies in their business of guaranteeing the Tidelity of persons, guaranteeing the performance oi cpntracts and executing or guaranteeing bonds and undertakings required or permitted in any actians or proceedings allowed by law. IN WITNESS WHEREOF, the Companles have caused this instrument to be signed, and their corporate seals io be hereto affbced, this 21at day of April, zas�. ��+'�. �,•<� �w � ��`� � �� � ` � � . ,� �� �►` State of Connecticut City of Hartfard ss. By: ` Robert !. Ran , enior Vice President On this the 21st day af Apr[E, 2021, before rr�e personally appeared Robert L. Raney, who adcnowledged himself to be the Senior Vioe President af each of the Companiea, and that he, as such, be�ng authorized so to do, executed the foregoing instrumeni for the purposes thereln contained by sFgning on behalf of sald Companfes by himself as a duly auihorized officer. II� VYITNESS WHEREOF, i hereunto set my hand and official seal. My Commission expires the 30th day at June, 2026 Ma�ur► i �fJ�.�.� �/��GG�L * +1� ��wrrR n'�O � Anna P. Nowiic, Notary Public This Power of Attomey is granted under and by the authonty of the fotlowing resolutians adopied by the Bosrds of Directors of each of the Companies, which resolutians are naw in ful, force snd effect, reading as fol4ows: RESOI.VED, that bte Chairman, tha President, any Vioe Chalrman, a�ry ExecuUve Vlce Presider�t, arry Senior Vice PresEdent, arry Vioe President, ariy Second Vice President, the �raasurer, arry Asslntant Treasurer, 1he Corporate Secretary or any Assisiant Secretary may appoiM Altomeys-in-Fac1 and AQenis to act for and on behalf of the Comparry and may ghre auch appoiniee such authorify as his or her ceAHicate of suthority may prescdbe to sign with tha Company'a name and seal w[th the Company's sea! bonds, recognizanoes, contracts of indemnity, and other writ[ngs obligaiary fn the nature of a bond, recognizanoe, or condi�onal undertaking, and any of saEd oiflcers or the Baard of Qirectora at arry time may rema►re any such appointee arsd re►roke t�e power given him or her; and it Is FIJRTHER RESOLVED, ihat the Chairman, the PresicleM, arry Vice Chalrman, any Executive Vice President, ar�y 5enior Vioe President or ariy Vlce President may deiegate al1 or ar�y part of ihe foregoing authorily to one or mo� offlcers or employees of this Comparry, provided ihat each such dalegsdon ia in writing and e copy thereaf is filed in ttie ofiice of the Secretary; and it fs FURTHER RESOLYED, that arfy bond, reoognizance, contrect of indemnily, or wriUng obligatary In the nature of a bond, recognizance, or c:ondiUonal undertskirsg shall be velid and binding upon the Gompar�y when (a) signed by the Presideni, any Vice Chelrman, arry Execufhre Vioe Pr�esident, any Senior Vica President ar any Vice President, any Second Vice PresEdertit, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and d�ly attested and sealed with the CampanYs sesl by a Secretary or Assiatani Secretary; or (6} dufy executed (under seal, if requir�edj by one or more Attomeys-in-Fact and AgeMs pursuarri ta the pow�er prescribed in hls or her certificate or theEr t�r�ficatas of authorily or by one or more Company oifloers pursuant to a rvritten delegaUan of authority; and it Is FURTHER RESOLVED, that the aignature of each of the tollowing oMicera: Presidant, any Executivve Vice President, ar�y SenEor Vice �resident, any Vice President, any Assisteni Vice President, any Secretary, any Assistant Secretary, and the aeaf af the Company may be affixed by facsimile to any Pow�er of Attomey or to ar�y cettiificabe rela�ng thereta appofnting Residerrt Vice Presidents, Resident Pssistent Secretarfes or Attameys-in- Fact for purpases ony af execuNng and attesting bonds and undertakings and ather writings obligatory in the natune thereof, and ar►y auch Pawer of Attomey or cerUficate bearing such iacaimile signature or facsimile seal shall be valid and binding upon ttis Comparry and eny such pawer so exec�tad and certi�ed by such facsimile sEgnat�re and facsimtle seal shall be valid and binding on the Camparry in the future with respect #o any bond or understanding io which R is attaci�ed. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companfes, do hereby certiTy that the above and toregoing is a true and coRect copy of fhe Power of Attomey execuled by said Companies, which remains in full toroe and effect. Dated this day of , . ���� �µtr +ys d �¢ � �' ��� � � . �o�r� � � �, ,� �� � w- f /��*-` Kevin E. Hughes, Ass�tarn Secretary To v�ev�►ytlie suthentldty ofH►!s �lorver ofA�do,►rieY. P�ease e�►I r�s atY-SOi0-421-388Q P/ease r�lfer tn the ibov�e-n�madAtt�ante�a) In-Fsct aned tlre deta/!s of tlre borid liv whlall th/a PbwrrofA[iar�isy �s altadred. Teacas Depard�ent af Iasur�uuce Certi�ca�c No. 1156a 'hIIS IS 'I�O CERT�Y T1#AT .:., �-� � "�' �� , :;: ��-� Certifitate o�f Autho:'ity C`�o�mpany No. 0 g-�0 0521'1 TRAVELERS CASVALTY AND SURETY COMQANY �F AMER�CA HARTFORD, CONNECT�CUT h8s �tpliod with the laws of tba Stata of ��pgIi�ca�k ti�encW m�d ls her�e�ry► ausho�aod W�r�au the � of . Eire; Ai�.ied Coverages; Hail—grow�nq craps on�y; R�a�n; inlanci Marine: Oeean Marinef Aircraft--Liability & Physical Damage; �Porkers' Compensation & Employers' Liability; �ployers' Liabi�.f�ty, Automobile--Lisbility � Phy8lCal DamSge; L12►i�illty ozner cnan AutomobiZe; Fidelity & Surety; Glass; Burglary & Theft; Forgery; Hoiler � Ma�hinery; Credits Liveatock and Reinsuranc� on all lines avthorized to be written on a direct basis � wfdvn t� statE o�'�acas. 13ds Cectifica� oE Autho�i[y shall b� in h�l fo� and ct�ax tindl i� `rs etiwoked. an�ekd or �pa�ded ra�a�g tio �aw. iN TESI7MONY WHLRPAF. vuimess my �sr'ed and �1 �f af6a ac Auatin. Ta�es. �ts lst �y� JulY A.D. 199i EL'inN B+OMP.R COIu�ISSIONER CiF INSURANCE K BY � A, ��o0x Diroc�r I�ncr Sc�ce'� IMPORTANT NOTECE To obtain information or make a camplaint: You may call Tra�elers Casua�ty and Surety Company of America and its affiliates' toll-free tefephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Department of Insurance ta obtain information on companies, coverages, rights or complaints at: 1-804-252-3439 Yo� may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htta:llwww.tdi.state.bc.us E-mail: ConsumerPratectionCci�tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Shauld you have a dispute cancerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTtCE TO YOUR BOND: This notice is for information anly anc! does not become a part or condition of the attached documeni and is gi�en to comply with Texas legal and regulatory req�irements. (PN-042-Bj Ed.70.t8.07' 00 62 19 -1 MAINTENANCE BOND Page 1 of 5 Bond No.:P802484500062 1 2 3 4 5 6 � 8 9 10 11 12 13 14 15 16 17 18 THE STATE OF iEXAS COUNTY OF TARRANT 1 SECTION 00 6219 MAlNTENANCE BOND § $ § KNOW ALL BY THESE PRE5EN7S: That we� FB Potter Concrete, LLC , known as "Principal" herein and Philadeluhia lndemnitv Insurance Comcan� , a corporete surety (sureties, if more than onej duly authorized to do business in the State of Texas, known es "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Treymore Construction, LLC, authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of Fi Ei ht Th�usand Seven Mundred Five and No/100 Dollars ($�Q�,Qn------- ), Iawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for paymQnt of which sum we11 end truly be made jointly unto !he Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presen#s. 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and througfi a Community Facilities Agreement, 21 22 23 24 25 26 27 28 CFA Number CFA2Z-0191;and WHEREAS, the Principal has entered into a certa�� writtan contract with the Devetoper awarded the 21st day af q�il , 20 23 , which Contrac# is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish a�l materiats, equipment iabor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said Corrtract and designated as Palladium East Berry; aAd CITY OF FORT WORTH PAiLAlNUM OAKGROVf STANDARD GTY CONDIT[ONS—DEVfIOPER AWARDED pAp1ECT5104281 Revised lanuary 31, 2012 006219-2 MAINTENANCE BOMD Page 2 of 5 1 WHEREAS, Principal binds itself to use such materials and to so cons#ruct the Work in 2 accordance with the plans, specifications and Contract Documents that the Work is and will 3 remain free from defeds in materials or workmanship for and during the period of two (2) years 4 after the date of Final Acceptance of the Work by the City {"Maintenance Period"); and �" 6 WHEREA5, Principal binds itself to repair or reconstruct the Work in whofe or in part upon 7 receiving notice from the Developer and/or City of the need thereof at any time within the 8 Maintenance Period. 9 10 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy 11 any defective Work, for which timely notice was provided by Developer or City, to a completion 12 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 13 full force and effect. 14 15 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 16 noticed defective Work, it is agreed that the Developer or City may cause any and all such 17 defective Work to be repaired and/or reconstructed with all associated costs thereof being 18 borne by the Principal and the Surety underthis Maintenance Bond; and 19 20 PROVIDEb FURTHER, that if any legal action be filed on this Bond, venue shall lie in 21 Tarrant County, Texas or the United States District Court for the Northern District af Texas, Fort 22 Worth Division; and 23 24 PROVtDED FURTHER, that this obligation shall be continuous in nature and successive 25 recoveries may be had hereon for successive breaches. 26 CITY OF FORT WORTH PALIADlUM OAK GROVE STANDARD CITY CONOI710N5 — DEVELOPER AWAFtDED PROJECTS104281 Revised January 31, 2012 006219-3 MAINTENANCE BONO Page 3 of S CITY OF FORT WORTH PALlADlUM OAK GROVE STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECT5104282 Revised January 31, 2012 006219-4 MAINTENANCE BOND Page 4 of 5 1 IW WRNESS WHEREOF, the Principal and the Surety have each 51GWED and SEALED this 2 instrument by duly authorized agents and officers on this the 3rd day of 3 MaY , 20 23 . 4 5 6 7 8 9 10 11 12 13 14 ATTEST: 15 16 ' l 1 l A L�d�,dL].., 1% 18 {Principal) Secretary 19 20 u 22 23 za Zs 26 27 Witness as to Principa) 28 29 30 PRINCIPAL: : � . : . � - �_� ��� ,A , �/, I�' � _ / '� � �I / % .. � I �L / I . . _ Address: 1596 E. Main Street, Suite 200 �vaxa sx ���s CfiY OF FORT WOFiTM STANDARD CITY CONDITiONS — DEVELOPER AWARDED PAOJECT51Q42B1 Revised lanuary 31, 2012 PALUDIUM OAK GROVf 006219-5 MAINTENANCE 80ND Page S of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2� 27 Surety: Philadeluhia lndemnitv Insurance Comnanv BY: �/L �����..�'�i�-� Signature A7TEST: N/A (Surety} Secretary Wi to Surety Trenea Marsh, Attorney-in-Fact Name and Title Address: • �� �.. •� Telaphone : 1-877-438-7459 *Note: If signed by an officer of the Surety Company, there must be on file a certified extrad from the by-laws showing Lhat this person has authority to sign such obligation. lf Surety's physica{ address is different from its mailing address, both must be provided. The date Qf the_hQnd shall net 6e�,[ipr tn3he dat�iha CoqtCad'Js-sutatdod. CfTY Oi fORT WORTH SfANDARO CIIY OONDIT10PL5 — OEVEiOPER AWARDED PRO)ECf510428! tievised lanuary 31, 2012 AAILADlt1MOAKGROVf IMPORTANT NOTICE To obtain information or make a complaint: You may call the Surety's toll free telephone number for information orto make a compiaint at: 1-877-438-7459 You may also write Philadelphia lndemnity Insurance Company at: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: http:!lwww.tdi.state.tx.us Email: ConsumerProtection(a�tdi.state.tr.us PREMIUM OR CLAIM DJSPUTES� Should you have a dispute concerning your premium or abaut a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Departmenf of Insurance. ATTACH THIS NOiICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document. ADVISO IMPORTANTE Para obener informacion o para someter una queja: Usted puede Ilamar al numero ds telefono gratis de para informacion o para someter una queja al: 1-877-438-7459 Usted tanbien puede escribir a Philadelphia Indemnity Insurance Company: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al� 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: httq://www.tdi.state.tx.us Email: ConsumerProtection(c�tdi_state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comunicarrse con el departamento (TDl). UNA ESTE AVISO A SU FIANZA DE GARANT(A: Est� �Y1�4 �� S�1D � �r�QsitQ_de_ir►fDrmacion y no se convierte en parte o condicion del documento adjunto. PHILADELPHIA INDEMNITY INSLTRANCE COMPAYY One Bala Nlaza, Suite 1 W Bnln Cymvyd. PA 190U4-0950 Power of Attaracy IiNOW AI.L PERSONS BY TFR:SF: PRFSANTS: Thst PtIILADELPHIA INDti�IN[TY I'VSURANCE CO:�IPANY (the Company), a cofporation organized and existing undcr thc laws of the Commonwealth of Pennsylvania, docs hereby comtitutc and appoint Grreory S. Hotc6l:iss. Farrah Carltop. Kari Fumerola. llanhne B. Clark Marv�na Zhuk Tve Ii. Jnatice JennNer Lana Kellev. Kenaeth G. Hotc6kivs. Trp��Manh. Dlirhael Hotchkiss. Gery Lindsev and/ ro W L• Weatherred olllotchl:iss Insurance Aeenev. LL(;., its tn�c nnd lawful Attomey-in-fact with {ull authority to execute on iLs befealfbonds, undertakings, rec:ogni•rances and other conlracts of indemnity and wntings oblip,atory itt the nahue thereof, issucd in thc course of its business and lo bind the Company thereby, in an amount uot to exceed SS0.000,000. "This Pow�er of Atromey is granted a�id is signed and senled by facsimile under and by the authority of the followinR Resolution adopted by the Aoard of Dircctors of PIIII,ADGLPHIA INDEMNtTY TNStIRANCF COMPANY on thc 14"' of November, 2016. NESOLVED: 'Ihat the Board of Dirocrors hereby nuthorizes the President or any Vice Presidenc of the Company: (1) Appoint Attomey{s} in Fact and authorize the Attorney(s) in Fact to cxecute on befialf of the Compeny bonds end underiakings, contracts of indemnity anJ othcr writ�ngs obligatory in the nature Uicrcof and to attach the seal oFthe Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authurity given. Md, be it F'tfR7'HF.R RESOLVF.D: 'Ihat thc signatures of such officers and the seal of the Company may be aPfixed to any such Power of Attorney or certificate relating Ihereto by facsimile, end any such Power of AtLomey so executed and certified by faesimile signatures and facsimile seal shall be valid a��d binding upon the Company in the future with �espect to any bond or undertaking to which it is attached. IN TF.STIMONY WHEREOF, PHII.ADELPHIA INDEMNITY INSURANCE COMYANY HAS CAUSED THIS INSTRiJMF:NT I'O BE SIGNED AKD 1'fS CORPORATF SEALTO BE AFFIXF;D AY I'I'S AUTHORIZED OFFiCE THIS 57'�1 DAY OF MARCH, 2021. (Seal) �� . . �'; 7927 ' ` .,, � loh f3lomb. Preaide�&CisO Philudelphia lndemnity Insurance Company (h� tt:is S" day of Mazch, 2021 6efnrc me came the indrvidual who execulyd the preceding instrument, to me personally known, and being by me duly swom said t6nt he is the thcrein described and authorized officer of tlie PfiILADELPffiA INDFNINITY INSURANCE COirIPArY; thnt the seal affixed to said mstrument is the Co:porate seal of said Compnny; thaz thc said Corporate Seal end his signature were dufy aftixed. Notary Public: °o�°�v�.,. °�� w rp�"e�� Mon�OmeryCouMy Mywmmleahnaxpins t�wwmbw3, 2oza ►1�m�r.�annfyM ' A! d19�8194 n.n w nb�of Wt�M� iesiding at. My commission expires \/��. �'n�'--�g��- �eia cy,,.�ya, PA Novemher 3. 2024 I, Edward Sayago, Corporate Secretary of PH[LADELPHIA INU�MNi'11' INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attomey issued ptusuant thereto on tho 5i° day March, 2021 are true and corra:t and are still m tull force and effect. I do furlher certify Ihat Jotm Glomb, who executed the Power of Ariomey as Presideny wtts on the date of executim of the attached Powcr of Attomey the duly elected Residcn[ of PfiILADF.I.PHIA P.dDEMNITY [NSURANCE COMPANY. ln 7'estimony Whereof I have subscribeci my name and affixed the facsimile seal ofeach Company this �r�day of _�a-_�f' _, � O�� �J�- t. ,. : ��1� �s� Edward Sayago, Corporare Setretary PIi1LAAELPHIA INDEMIVITY INSL'itANCE C0�74APd1' , PHILADELPHIA INSURANCE CUA7PANIES _. -- �---- -�— _ _ " I , �.,. ,"lin-� �I���i in `,i:i;.�. • i,rn��it, , � �n.. Bond Number: P602484500062 ENDORSEMENT To be attached to and form a part of Performance and PaVment Bond, issued by the as undersigned company, as Surety on behalf of FB Potter Concrete, LLC. as Obligee, Principal, in favor of (:itv c�f Fo_ rt �North Effective �na" ����23 , the Principal and the Surety hereby agree to amend the attached bond as follows: Increase bond amount from $58,705.00 to $227.625.00 Ali else remains the same. Provided that the tiabitity under this endorsement shalf be part of, and not in addition to, the liability under the attached Bond and in no event shall be cumulative. Nothing herein contained shall vary. alter or e�ctend any of the provisions, conditions, or other terms of this bond except as above stated. SIGNED, SEALED, AND DATED: phila Iphia lndemnily Insurance Companies By, �..�i��` I a,� 7re���e Marsh ,Attarney-IrrFact •. . . - � � ��% .� _/_��,_. �1.N'li � / _ _ - PHILADELPtllA� B M p� �c 1� � COMPANY gala Cynwyd, PA L9004-0950 Power ot Attorney tion o nized and KNOW ALL PERSONS BY THESE PRESEN7'S: That PHa.ADELPNIA INDEMNI7'�' iNSURANCE COMPANY (N►e CotttpattY), a �°�P°� ��nhne int ('•re�ory S Hote6ldas. Fa h Grko'. Kari F gne � existing u�er the Iaws of ihe Co+vmonv�t�th of Prnnsylvanis, doas 6erebY eon��ute m�d apPo - ` e e 1� C aa o B. Cla M� w -m-fact with fuil autSoritY to execate on its behalf boods, underCakmgs, recog�'vances Weather[s� of HMc��ixs lesrnece AetacY, LLG. its trae and lawfiil AttomeY in mi mnouni not to and othc:r conua�.as of mdemnAy aod �rnh�s obl�gpWry in the oat� thetcof, issued 'm ihe course of its b��ss snd to bind the Cov�saY d�'�Y, excced iU� Tliis Power of Attomey is 8ranted and is signed and sealed bY facsimile under a�d 1�' the suthoriry of the following Resolut+on adopted by the Bostd of llirectors of PHIL.ADELPHIA INDGT�TIT1' INSURATICE COMPANY on d�e 14° ofNovember, 2016. RESOLVED• 'ILst 16e Bo�d of Directors hereby aud�onaes the Pres'de�t or any Vice President of the Company: (1) Appoint Attomey(s} in Fact sod auUrorize the Attomey(s) in Fact [o execute on beha�f of the Company l+onds end �md�tak°�Pi, ��� of indertmey and other writings ob{igatory in the natwe thaeoCand to atlach the seal of the CanpanY thereto; and (Z) (p �emove> at anY time, enY such Attixney-in-Fact aod c�wdce thc aut6ori�Y Sn'en. And, be it FURTHER � be afFixed to any RE�1.V ED: That We signatures of such otTicers and the sea! of the CompanY y such Power of such Power of Attomey or certificate relating thereto by fscsimile, and any Attorney so e�cecuted aod artified by facsim�l� siB�nu"res and facs°�'ile seal shall be valid and bind'a�g upon the Company m d�e fuhue with respxt to enY bond or uodertalcmg to which it is attached. ORPORA�TE EAL�'TOE B AFFIXED BY ITS A[IINORtZED OFFICE 7HIS STH DAY OF MARCH, p21� �S �STRUMENT 7'O BE SIGNED AND ITS (Seat) i . . . ✓� ' vV Jn11R Glo�ub. President d: CGI� Phladelphia (ndemniry Insurance Company (hi this 5'" day of Nisrch, 2021 before nx came the individual v��ho executed the preceding ins�arent, to �+re P�ity ►a�own, and being by me duty swom sa�d that he is the therein descnbed and suthofix0d officer of the PHII.ADELPHIA D`1DENW1'I'Y I1VS[IRAPICE COMPANY: U�at the see� affixed to said ins►rumrn� �s the Corporate seal of'sa�d CompanY: that the said Corporate Seal aod his signature were duly atfixed. Canmonw�alN of Y�nnsYNaMi - Ncnry 3e•1 Vanesas Mckanzie� Notary PuCllc MontBomeryCounry My commisalon erzpiroa NovemDer 3. 202a Commisafon number 1388394 M�R W� Oannsylv�^.� �ssocotbn of NMaM9 Notary Public: fCS1dIR8 8I� (vfy commission expves: r�� Y�'�--��..�.� Bala Cynwyd, PA November 3, 2024 f, Edward Sayago, Corporatc Secmery oCPi1ILADELPHIA lNi�M[dlTl' iNSURANCE COMPANI', do I�eceby certify that the 6oregoing resolution of the Board of Ditectors and thc Power of Attomey issucd pursuant therdo on the Sm day March. 2021 are true and comect and are srill in fu11 force and Y� d�� cl����ident of John G1omb, who executed the Yowu of Attorney ns President, �+'as on the date of excxution of tM atlaclKd Power of AttorneY Y PHILADELPHIA INDFMMTY INSURANCE (,'OMPANY. I�/J� o f � __L�JLS�-1— In 'I'�stimony Whereof i have subacnbed mY name and atTixed the facsimile seal of each CompanY Uus--s;� y---� !i ------- - � �� Edward Seyago, Corporatc Secretsuy ' " ' ' PHII.ADEI.PHIA 11VDF,iriNiil' I1VSi7IiA1HCE COMPANY 12345678910111213141516171819202122232425262728293031323334006219-1MAINTENANCEBONDPageIof3SECTION006219MAINTENANCEBOND#4463440THESTATEOFTEXAS§§KNOWALLBYTHESEPRESENTS:COUNTYOFTARRANT§ThatweBeanElectrical,Inc.,knownas“Principal”hereinandSureTecInsuranceCompany,acorporatesurety(sureties,ifmorethanone)dulyauthorizedtodobusinessintheStateofTexas,knownas“Surety”herein(whetheroneormore),areheldandfirmlybounduntotheDeveloper,TreymoreConstruction,LLC,authorizedtodobusinessinTexas(“Developer”)andtheCityofFortWorth,aTexasmunicipalcorporation(“City”),inthesumofOneHundredFifty-SevenThousandTwoHundredSixty-SixandNo/100sDollars($157,266.00),lawfulmoneyoftheUnitedStates,tobepaidinFortWorth,TarrantCounty,Texas,forpaymentofwhichsumwellandtrulybemadejointlyuntotheDeveloperandtheCityasdualobligeesandtheirsuccessors,webindourselves,ourheirs,executors,administrators,successorsandassigns,jointlyandseverally,firmlybythesepresents.WHEREAS,DeveloperandCityhaveenteredintoanAgreementfortheconstructionofcommunityfacilitiesintheCityofFortWorthbyandthroughaCommunityFacilitiesAgreement,CFANumberCFA22-0191,PALLADIUMOAKGROVE;andWHEREAS,thePrincipalhasenteredintoacertainwrittencontractwiththeDeveloperawardedthedayof,20,whichContractisherebyreferredtoandamadeparthereofforallpurposesasiffullysetforthherein,tofurnishallmaterials,equipmentlaborandotheraccessoriesasdefinedbylaw,intheprosecutionoftheWork,includinganyWorkresultingfromadulyauthorizedChangeOrder(collectivelyherein,the“Work”)asprovidedforinsaidContractanddesignatedasPalladiumEastBerry;andWHEREAS,PrincipalbindsitselftousesuchmaterialsandtosoconstructtheWorkinaccordancewiththeplans,specificationsandContractDocumentsthattheWorkisandwillremainfreefromdefectsinmaterialsorworkmanshipforandduringtheperiodoftwo(2)yearsafterthedateofFinalAcceptanceoftheWorkbytheCity(“MaintenancePeriod”);andCITYOFFORTWORTHSTANDARDCITYCONDITIONS-DEVELOPERAWARDEDPROJECTSRevisedJanuary31,2012PALLADIUMOAKGROVE104281Oak Grove 00 G2 14 - 2 MAINTENANCC BOND Pa�e 2 of 3 1 WH�R�AS, Principal binds itself to repair or reconstruct the Work in whole or in part Z upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. G� 10 PROVIDED, HOWEVER, if Principal shalC fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety undec this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Caurt for the Northern District of Texas, Fort 17 Worth Division; and 18 l9 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITYOP �ORT WORTH PALLADIU�LIOAKGRONE STANDARD CITY CONDITIONS — DCVELOPER AWARDED PROJGCTS l(J4281 Revised January 31, 2012 006219-3 MA[NTENANCE BOND Page 3 of 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of , 20 ATTEST: � , � f j `t � � ; r , , s/ 'r � .� ��- �� (Princ'ipal�) �Secretary � � JJ ;F 4�j� t '� I d rr .�� .�`' !1 �� ' JA,, / p `''.. � .fi. . f.-', � f .. � , � � �.' 4�. V�itness as to Princ'ipal ATTEST: N/A (Surery) Sec►•etary f , ' �� _!. - s� � � �� Witness as to Surety Muni Rabah, Bond Account Manager �: , PRINCIPAL:,':=`F Bean �Electrical, Inc. � :f � ' BY: _.__.._ =" Signature , , _ , �,' _ _: .,, . ; � ;_ � - v- , ... . Name and Title Address: 821 E Enon , �' �� �, � �::'`" Fort Worth, TX 76140 " " �' : � �� �, � � SURETY: :: � � �,�, ',: SureTec Insurance'Company d �- /� „i ,/�'���' , . , . . . .w, ,/ o� �� ��j i� BY,�'"� --` : i�'�l — ,, _ , - a......_� Signature � ` ;, Johnnv Moss, Attornev-in-Fact Name and Title Address: 2255 Ridee Road, Ste 333 Rockwall, TX 75087 Telephone Number: 972-772-7220_ *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. ,If Surety's physical address is different from its mailing address, both must be provided., ,,,.y �'!�.,, �•, 1 � .; � <. , The date of the bond shall not be prior to the date the Contract is awarded. ''� `, ;,� ��� , C1TY OP I'ORT WORTH STANDARD C[TY CONDITIONS — DEVELOPER AWARDED PROJGCTS Revised .lanuary 31, 2012 PAI.LADIUd/ OAK GROI'C l 0�l281 POA# 4221941 JOINT LIMITED POWER OF ATTORNEY KNOW ALL M EN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under [he laws of the S[ate of Texas and having its pri�cipal office in khe County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having itr principal administrative office in Glen Allen, Virginia, does by these presenLs make, constitute and appaint: Tony Fierro, Jay Jordan, Johnny Moss, Steven W. Searcey, Robert J. Shuya, Mistie Beck, Jeremy Barnetl, Robert G. Kanuth, Jade Porter, Jennifer Cisneros, Jarrett Willson, Jack Notli�gham Their true and lawful agen[(s) and attomey(s)-imfad, each in their separate capaciry if more than one is named a6ove, to make, exeate, seal and deliver for and on their own 6ehalf, individually as a surety or jointly, as co•sureties, and as their ac[ and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Twenly Million and 00l100 Dollars ($20,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resoluti4ns adopted by the 8oard of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, Thatthe President, any Se�ior Vice President, Vice President, Assistant Vice President, Secretary, AssistantSecretary, 7reasurer or AssistantTreasurer and each of them hereby is authorized to execute powers of ahorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corpora[e seal thereto." IN WITNESS WHEREOF, Markel Insurance Company andSureTec Insurance Company have caused their official seal to be hereunto affixe d and these presents ko be signed by their duly authorized officers on the �5�h day of February , 2022 . SureTec Insurance Company BY: "'o'm�a� Michael C. Keimig, Preside State of Texas Counry of Harris: ��Nc \```Ji��c��'' Markel suranceCqmpany `,rs ... .F� ��:�''o�'ORir � � � �� A'f +X ,q `\ .� � � . 4 t�` : O � � � .. � V =Y� :;- � e ��w y jg _�• SEAL :,, eY.% � ,� v� �,�•-., 1 ��� %�'•,x�2�,s,:�Y: � ,LindeyJen�iir�gs, ViceP e idenl .` ,M* ,�����1u�utV��� �i' � On this 15in day of February , 2022 A. D., before me, a Notary Public of the State oF Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANI E5, to me personally know� to be the individuals a�d officers described in, who exewted [he preceding instrument, and they acknowledged the execution oF same, and being by me dufy sworn, di5posed and said that they are the ofFicers of the said companies aforesaid, and that the seals aFfxed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly afFixed and subscribed to the said instrument hy the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred ta in khe preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, fhe day and year firstabove written. ;,.`�„,.�p�e,,, XENIA RIVAS • �" ;;° `�� Notary Pubiic Stzte of Texas BY: p,�litij�,�, �-'��%�* � Cammission # 129117659 xP,/��as, Not�ry Public r"���'pi't�,`�� V �}� ^°�� Commission Ezpires 9/tOJ24 My coi4�mission expires 9/10/2024 We, the undersigned OfFicers of SureTec Insurance Company and Markel Insurance Company do herby certify [hat the original POWER OF ATTORNEY of which the Foregoing is a full, true and corred copy is still in full force and effect and has not been revoked. IN WITNE55 WHEREOF, we have hereunto setour hands, and affixed the Seals of said Companies, on the day of , . SureTec Insuyi�ice Comp�y Mar el In Fance Company ���%� � ` � �,• f �� _.� �� ✓� � �� �� �' � ��` f� ��' � ; �''� ,.� / � ,= � _._ , eY. � � r;' � �,a' yp'� 1 /�i .� B ,, r�r'' � �. � / '� ,� f" l v � , M. Br C Beaty, Assis[ant Secre�ary A�rew Marquis, Assistan�cretary� �i 1 r �.�jl s s t, nny Instrument Issued in ex�ss of the penalty stated a6ove is totally void and without anyvaiidity. 422194� � For verification of the authority of this Powe r you may call (713 �812-0800 on any busire ss day between 8:30 AM and 5:00 PM 6T. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ........................................................................................................ 6 2.02 Preconstruction Conference .......................................................................................................... 6 2.03 Public Meeting .............................................................................................................................. 6 Article 3 – Contract Documents and Amending ............................................................................................... 6 3.01 Reference Standards ..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents .................................................................. 6 Article 4 – Bonds and Insurance ....................................................................................................................... 7 4.01 Licensed Sureties and Insurers ..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7 4.03 Certificates of Insurance ............................................................................................................... 7 4.04 Contractor’s Insurance .................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12 Article 5 – Contractor’s Responsibilities ........................................................................................................ 12 5.01 Supervision and Superintendent ................................................................................................. 12 5.02 Labor; Working Hours ................................................................................................................ 13 5.03 Services, Materials, and Equipment ........................................................................................... 13 5.04 Project Schedule .......................................................................................................................... 14 5.05 Substitutes and “Or-Equals” ....................................................................................................... 14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16 5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16 5.08 Wage Rates.................................................................................................................................. 18 5.09 Patent Fees and Royalties ........................................................................................................... 19 5.10 Laws and Regulations ................................................................................................................. 19 5.11 Use of Site and Other Areas ....................................................................................................... 19 5.12 Record Documents ...................................................................................................................... 20 5.13 Safety and Protection .................................................................................................................. 21 5.14 Safety Representative ................................................................................................................. 21 5.15 Hazard Communication Programs ............................................................................................. 22 5.16 Submittals .................................................................................................................................... 22 5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24 5.19 Delegation of Professional Design Services .............................................................................. 24 5.20 Right to Audit: ............................................................................................................................ 25 5.21 Nondiscrimination....................................................................................................................... 25 Article 6 – Other Work at the Site ................................................................................................................... 26 6.01 Related Work at Site ................................................................................................................... 26 Article 7 – City’s Responsibilities................................................................................................................... 26 7.01 Inspections, Tests, and Approvals .............................................................................................. 26 7.02 Limitations on City’s Responsibilities ....................................................................................... 26 7.03 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ........................................................................... 27 8.01 City’s Project Representative ..................................................................................................... 27 8.02 Authorized Variations in Work .................................................................................................. 27 8.03 Rejecting Defective Work .......................................................................................................... 27 8.04 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.01 Authorized Changes in the Work ............................................................................................... 28 9.02 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28 10.01 Change of Contract Price ............................................................................................................ 28 10.02 Change of Contract Time............................................................................................................ 28 10.03 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29 11.01 Notice of Defects ........................................................................................................................ 29 11.02 Access to Work ........................................................................................................................... 29 11.03 Tests and Inspections .................................................................................................................. 29 11.04 Uncovering Work ....................................................................................................................... 30 11.05 City May Stop the Work ............................................................................................................. 30 11.06 Correction or Removal of Defective Work ................................................................................ 30 11.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct Defective Work ............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.01 Contractor’s Warranty of Title ................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ........................................................................................................................... 32 12.04 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work .................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................ 33 Article 14 – Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice .............................................................................................................................. 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ............................................................................................................... 35 14.05 Headings ...................................................................................................................................... 35 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Palladium East Berry STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 104031 Revised December 20, 2012 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Summary of Work to be performed in accordance with the Contract Documents 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list, then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. 38 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Palladium East Berry STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 104031 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 1) All Work shall be in accordance with railroad requirements set forth in 6 Division 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17 lawns, fences, culverts, curbing, and all other types of structures or improvements, 18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19 appurtenances thereof, including the construction of temporary fences and to all 20 other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or private 22 lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of the 24 Work. 25 b. Notices shall be applicable to both public and private utility companies and any 26 corporation, company, individual, or other, either as owners or occupants, 27 whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character resulting 29 from any act, omission, neglect, or misconduct in the manner or method or 30 execution of the Work, or at any time due to defective work, material, or 31 equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the Project 34 to the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the Work is 36 not in progress and when the site is vacated overnight, and/or at all times to 37 provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be subsidiary to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Palladium East Berry STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 104031 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised August 30, 2013 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a.Name of manufacturer b. Name of vendor c.Trade name d. Catalog number 2.Substitutions are not "or-equals". B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Request for Substitution - General 1.Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a.When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a.Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised August 30, 2013 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A.See Request for Substitution Form (attached) B.Procedure for Requesting Substitution 1. Substitution shall be considered only: a.After award of Contract b. Under the conditions stated herein 2.Submit 3 copies of each written request for substitution, including: a.Documentation 1)Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a)Manufacturer's name b) Telephone number and representative contact name c)Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a)Size b) Composition or materials of construction c)Weight d) Electrical or mechanical requirements 4) Product experience a)Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c)Available field data and reports associated with proposed product 5)Samples a)Provide at request of City. b) Samples become the property of the City. c.For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C.Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised August 30, 2013 4. Substitution will be rejected if: a.Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c.In the Developer’s opinion, acceptance will require substantial revision of the original design d. In the City’s or Developer’s opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A.In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised August 30, 2013 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A.Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B.What effect does substitution have on other trades? C.Differences between proposed substitution and specified item? D.Differences in product cost or product delivery time? E.Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised August 30, 2013 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B.Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a.If recorded, tapes will be used to prepare minutes and retained by City for future reference. B.Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a.The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a.Developer and Consultant b. Contractor's project manager c.Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised August 30, 2013 e.Other City representatives f.Others as appropriate 4. Preliminary Agenda may include: a.Introduction of Project Personnel b. General Description of Project c.Status of right-of-way, utility clearances, easements or other pertinent permits d.Contractor’s work plan and schedule e.Contract Time f.Notice to Proceed g.Construction Staking h. Progress Payments i.Extra Work and Change Order Procedures j.Field Orders k.Disposal Site Letter for Waste Material l.Insurance Renewals m.Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r.Legal Holidays s.Trench Safety Plans t.Confined Space Entry Standards u.Coordination with the City’s representative for operations of existing water systems v.Storm Water Pollution Prevention Plan w.Coordination with other Contractors x. Early Warning System y.Contractor Evaluation z.Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc.Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii.Final Payment jj. Questions or Comments 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 31 20 - 1 DAP PROJECT MEETINGS Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised July 1, 2011 SECTION 01 31 20 PROJECT MEETINGS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Provisions for project meetings throughout the construction period to enable orderly review of the progress of the Work and to provide for systematic discussion of potential problems B.Deviations this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Coordination 1. Schedule, attend and administer as specified, periodic progress meetings, and specially called meetings throughout progress of the Work. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meetings administered by City may be tape recorded. a.If recorded, tapes will be used to prepare minutes and retained by City for future reference. 4. Meetings, in addition to those specified in this Section, may be held when requested by the City, Engineer or Contractor. B.Pre-Construction Neighborhood Meeting 1. After the execution of the Agreement, but before construction is allowed to begin, attend 1 Public Meeting with affected residents to: a.Present projected schedule, including construction start date b. Answer any construction related questions 2. Meeting Location a.Location of meeting to be determined by the City. 3. Attendees 01 31 20 - 2 DAP PROJECT MEETINGS Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised July 1, 2011 a.Contractor b. Project Representative c.Other City representatives 4. Meeting Schedule a.In general, the neighborhood meeting will occur within the 2 weeks following the pre-construction conference. b. In no case will construction be allowed to begin until this meeting is held. C.Progress Meetings 1. Formal project coordination meetings will be held periodically. Meetings will be scheduled and administered by Project Representative. 2. Additional progress meetings to discuss specific topics will be conducted on an as- needed basis. Such additional meetings shall include, but not be limited to: a.Coordinating shutdowns b. Installation of piping and equipment c.Coordination between other construction projects d.Resolution of construction issues e.Equipment approval 3. The Project Representative will preside at progress meetings, prepare the notes of the meeting and distribute copies of the same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 4. Attendance shall include: a.Contractor's project manager b. Contractor's superintendent c.Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request d. Engineer's representatives e.City’s representatives f.Others, as requested by the Project Representative 5. Preliminary Agenda may include: a.Review of Work progress since previous meeting b. Field observations, problems, conflicts c.Items which impede construction schedule d. Review of off-site fabrication, delivery schedules e.Review of construction interfacing and sequencing requirements with other construction contracts f.Corrective measures and procedures to regain projected schedule g.Revisions to construction schedule h. Progress, schedule, during succeeding Work period i.Coordination of schedules j.Review submittal schedules k.Maintenance of quality standards l.Pending changes and substitutions m.Review proposed changes for: 1) Effect on construction schedule and on completion date 2) Effect on other contracts of the Project n. Review Record Documents o. Review monthly pay request 01 31 20 - 3 DAP PROJECT MEETINGS Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised July 1, 2011 p. Review status of Requests for Information 6. Meeting Schedule a.Progress meetings will be held periodically as determined by the Project Representative. 1) Additional meetings may be held at the request of the: a)City b) Engineer c)Contractor 7. Meeting Location a.The City will establish a meeting location. 1) To the extent practicable, meetings will be held at the Site. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised August 30, 2013 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Administrative and procedural requirements for: a.Preconstruction Videos B.Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a.Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH Palladium East Berry STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. None. 21 C. Related Specification Sections include, but are not necessarily limited to: 22 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 23 2. Division 1 – General Requirements 24 3. Section 33 12 25 – Connection to Existing Water Mains 25 26 1.2 REFERENCES 27 A. Reference Standards 28 1. Reference standards cited in this Specification refer to the current reference 29 standard published at the time of the latest revision date logged at the end of this 30 Specification, unless a date is specifically cited. 31 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 32 High Voltage Overhead Lines. 33 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 34 Specification 35 1.3 ADMINISTRATIVE REQUIREMENTS 36 A. Coordination with the Texas Department of Transportation 37 1. When work in the right-of-way which is under the jurisdiction of the Texas 38 Department of Transportation (TxDOT): 39 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH Palladium East Berry STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised August, 30, 2013 a. Notify the Texas Department of Transportation prior to commencing any work 1 therein in accordance with the provisions of the permit 2 b. All work performed in the TxDOT right-of-way shall be performed in 3 compliance with and subject to approval from the Texas Department of 4 Transportation 5 B. Work near High Voltage Lines 6 1. Regulatory Requirements 7 a. All Work near High Voltage Lines (more than 600 volts measured between 8 conductors or between a conductor and the ground) shall be in accordance with 9 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 10 2. Warning sign 11 a. Provide sign of sufficient size meeting all OSHA requirements. 12 3. Equipment operating within 10 feet of high voltage lines will require the following 13 safety features 14 a. Insulating cage-type of guard about the boom or arm 15 b. Insulator links on the lift hook connections for back hoes or dippers 16 c. Equipment must meet the safety requirements as set forth by OSHA and the 17 safety requirements of the owner of the high voltage lines 18 4. Work within 6 feet of high voltage electric lines 19 a. Notification shall be given to: 20 1) The power company (example: ONCOR) 21 a) Maintain an accurate log of all such calls to power company and record 22 action taken in each case. 23 b. Coordination with power company 24 1) After notification coordinate with the power company to: 25 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 26 lower the lines 27 c. No personnel may work within 6 feet of a high voltage line before the above 28 requirements have been met. 29 C. Confined Space Entry Program 30 1. Provide and follow approved Confined Space Entry Program in accordance with 31 OSHA requirements. 32 2. Confined Spaces include: 33 a. Manholes 34 b. All other confined spaces in accordance with OSHA’s Permit Required for 35 Confined Spaces 36 D. Use of Explosives, Drop Weight, Etc. 37 1. When Contract Documents permit on the project the following will apply: 38 a. Public Notification 39 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 40 prior to commencing. 41 2) Minimum 24 hour public notification in accordance with Section 01 31 13 42 E. Water Department Coordination 43 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Palladium East Berry STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised August, 30, 2013 1. During the construction of this project, it will be necessary to deactivate, for a 1 period of time, existing lines. The Contractor shall be required to coordinate with 2 the Water Department to determine the best times for deactivating and activating 3 those lines. 4 2. Coordinate any event that will require connecting to or the operation of an existing 5 City water line system with the City’s representative. 6 a. Coordination shall be in accordance with Section 33 12 25. 7 b. If needed, obtain a hydrant water meter from the Water Department for use 8 during the life of named project. 9 c. In the event that a water valve on an existing live system be turned off and on 10 to accommodate the construction of the project is required, coordinate this 11 activity through the appropriate City representative. 12 1) Do not operate water line valves of existing water system. 13 a) Failure to comply will render the Contractor in violation of Texas Penal 14 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 15 will be prosecuted to the full extent of the law. 16 b) In addition, the Contractor will assume all liabilities and 17 responsibilities as a result of these actions. 18 F. Public Notification Prior to Beginning Construction 19 1. Prior to beginning construction on any block in the project, on a block by block 20 basis, prepare and deliver a notice or flyer of the pending construction to the front 21 door of each residence or business that will be impacted by construction. The notice 22 shall be prepared as follows: 23 a. Post notice or flyer 7 days prior to beginning any construction activity on each 24 block in the project area. 25 1) Prepare flyer on the Contractor’s letterhead and include the following 26 information: 27 a) Name of Project 28 b) City Project No (CPN) 29 c) Scope of Project (i.e. type of construction activity) 30 d) Actual construction duration within the block 31 e) Name of the contractor’s foreman and phone number 32 f) Name of the City’s inspector and phone number 33 g) City’s after-hours phone number 34 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 35 A. 36 3) Submit schedule showing the construction start and finish time for each 37 block of the project to the inspector. 38 4) Deliver flyer to the City Inspector for review prior to distribution. 39 b. No construction will be allowed to begin on any block until the flyer is 40 delivered to all residents of the block. 41 G. Public Notification of Temporary Water Service Interruption during Construction 42 1. In the event it becomes necessary to temporarily shut down water service to 43 residents or businesses during construction, prepare and deliver a notice or flyer of 44 the pending interruption to the front door of each affected resident. 45 2. Prepared notice as follows: 46 a. The notification or flyer shall be posted 24 hours prior to the temporary 47 interruption. 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH Palladium East Berry STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised August, 30, 2013 b. Prepare flyer on the contractor’s letterhead and include the following 1 information: 2 1) Name of the project 3 2) City Project Number 4 3) Date of the interruption of service 5 4) Period the interruption will take place 6 5) Name of the contractor’s foreman and phone number 7 6) Name of the City’s inspector and phone number 8 c. A sample of the temporary water service interruption notification is attached as 9 Exhibit B. 10 d. Deliver a copy of the temporary interruption notification to the City inspector 11 for review prior to being distributed. 12 e. No interruption of water service can occur until the flyer has been delivered to 13 all affected residents and businesses. 14 f. Electronic versions of the sample flyers can be obtained from the Project 15 Construction Inspector. 16 H. Coordination with United States Army Corps of Engineers (USACE) 17 1. At locations in the Project where construction activities occur in areas where 18 USACE permits are required, meet all requirements set forth in each designated 19 permit. 20 I. Coordination within Railroad Permit Areas 21 1. At locations in the project where construction activities occur in areas where 22 railroad permits are required, meet all requirements set forth in each designated 23 railroad permit. This includes, but is not limited to, provisions for: 24 a. Flagmen 25 b. Inspectors 26 c. Safety training 27 d. Additional insurance 28 e. Insurance certificates 29 f. Other employees required to protect the right-of-way and property of the 30 Railroad Company from damage arising out of and/or from the construction of 31 the project. Proper utility clearance procedures shall be used in accordance 32 with the permit guidelines. 33 2. Obtain any supplemental information needed to comply with the railroad’s 34 requirements. 35 J. Dust Control 36 1. Use acceptable measures to control dust at the Site. 37 a. If water is used to control dust, capture and properly dispose of waste water. 38 b. If wet saw cutting is performed, capture and properly dispose of slurry. 39 K. Employee Parking 40 1. Provide parking for employees at locations approved by the City. 41 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH Palladium East Berry STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 QUALITY ASSURANCE [NOT USED] 5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.10 FIELD [SITE] CONDITIONS [NOT USED] 7 1.11 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH Palladium East Berry STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH Palladium East Berry STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 104031 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised March 20, 2020 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Testing and inspection services procedures and coordination B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a.Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a)Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a.When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a.Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City’s document management system, or another form of distribution approved by the City. 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised March 20, 2020 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a)1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a)Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a)Distribute 3 hard copies to City’s Project Representative 4.Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a.Name of pit b. Date of delivery c.Material delivered B.Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised JULY 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a.Temporary utilities b. Sanitary facilities c.Storage Sheds and Buildings d. Dust control e.Temporary fencing of the construction site B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Temporary Utilities 1. Obtaining Temporary Service a.Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c.Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a.Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c.Coordination 1) Contact City 1 week before water for construction is desired 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a.Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a.Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a.Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B.Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a.Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a.Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c.Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C.Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a.Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D.Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E.Dust Control 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a.Contractor remains on-call at all times b. Must respond in a timely manner F.Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A.Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A.Temporary Facilities 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised July 1, 2011 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Administrative procedures for: a.Street Use Permit b. Modification of approved traffic control c.Removal of Street Signs B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 34 71 13 – Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A.Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A.Traffic Control 1. General a.When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B.Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a.To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 2)Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C.Modification to Approved Traffic Control 1. Prior to installation traffic control: a.Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D.Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E.Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F.Traffic Control Standards 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised July 1, 2011 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a.Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a.Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A.Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A.Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A.General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised July 1, 2011 B.Construction Activities resulting in: 1. Less than 1 acre of disturbance a.Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a.Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a)Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a)Section 31 25 00 b) The Drawings c)TXR150000 General Permit d) SWPPP e)TCEQ requirements 3. 5 acres or more of Disturbance a.Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a)Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a)Section 31 25 00 b) The Drawings c)TXR150000 General Permit d) SWPPP e)TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a)Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A.SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a.Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a)City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised July 1, 2011 B.Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised March 20, 2020 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. References for Product Requirements and City Standard Products List B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A.Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B.Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. C.Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. D.See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised March 20, 2020 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a.Handling b. Exposure to elements or harsh environments B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A.Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B.Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C.Storage Requirements 1.Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a.Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a.Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a.Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7.Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a.Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A.Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B.Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A.Protect all products or equipment in accordance with manufacturer's written directions. B.Store products or equipment in location to avoid physical damage to items while in storage. C.Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 SECTION 01 70 00 MOBILIZATION AND REMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Mobilization and Demobilization a.Mobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site 2)Establishment of necessary general facilities for the Contractor’s operation at the Site 3) Premiums paid for performance and payment bonds 4)Transportation of Contractor’s personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor’s operation from 1 location to another location on the Site. b. Demobilization 1)Transportation of Contractor’s personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c.Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a.Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a)Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a)Transportation of Contractor’s personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor’s operation at the Site necessary to resume the Work. 3) No Payments will be made for: a)Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c)Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a.Mobilization and Demobilization 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a)Transportation of Contractor’s personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor’s operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a)Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c)Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a.A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Mobilization and Demobilization a.Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a.Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Specified Remobilization” in accordance with Contract Documents. c.The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 3. Remobilization for suspension of Work as required by City a.Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a.Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c.The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a.Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Emergency Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c.The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 71 23 - 1 DAP CONSTRUCTION STAKING AND SURVEY Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Requirements for construction staking and construction survey B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Construction Staking a.Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Construction Survey a.Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A.Submittals, if required, shall be in accordance with Section 01 33 00. B.All submittals shall be approved by the City prior to delivery. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A.Certificates 1. Provide certificate certifying that elevations and locations of improvements are in conformance or non-conformance with requirements of the Contract Documents. a.Certificate must be sealed by a registered professional land surveyor in the State of Texas. 01 71 23 - 2 DAP CONSTRUCTION STAKING AND SURVEY Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 B.Field Quality Control Submittals 1. Documentation verifying accuracy of field engineering work. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A.Construction Staking 1. Construction staking will be performed by the City. 2. Coordination a.Contact City’s Project Representative at least 2 weeks in advance for scheduling of Construction Staking. b.It is the Contractor’s responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a.Contractor is responsible for preserving and maintaining stakes furnished by City. b. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed or disturbed, by Contractor’s neglect, such that the contracted Work cannot take place, then the Contractor will be required to pay the City for new staking with a 25 percent markup. The cost for staking will be deducted from the payment due to the Contractor for the Project. B.Construction Survey 1. Construction Survey will be performed by the City. 2. Coordination a.Contractor to verify that control data established in the design survey remains intact. b. Coordinate with the City prior to field investigation to determine which horizontal and vertical control data will be required for construction survey. c.It is the Contractor’s responsibility to coordinate Construction Survey such that construction activities are not delayed or negatively impacted. d. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. 1) City shall perform replacements and/or restorations. 3. General a.Construction survey will be performed in order to maintain complete and accurate logs of control and survey work as it progresses for Project Records. b. The Contractor will need to ensure coordination is maintained with the City to perform construction survey to obtain construction features, including but not limited to the following: 1) All Utility Lines a)Rim and flowline elevations and coordinates for each manhole or junction structure 2) Water Lines a)Top of pipe elevations and coordinates for waterlines at the following locations: (1) Every 250 linear feet 01 71 23 - 3 DAP CONSTRUCTION STAKING AND SURVEY Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 (2) Horizontal and vertical points of inflection, curvature, etc. (All Fittings) (3) Cathodic protection test stations (4) Sampling stations (5) Meter boxes/vaults (All sizes) (6) Fire lines (7) Fire hydrants (8) Gate valves (9) Plugs, stubouts, dead-end lines (10) Air Release valves (Manhole rim and vent pipe) (11) Blow off valves (Manhole rim and valve lid) (12) Pressure plane valves (13) Cleaning wyes (14) Casing pipe (each end) b) Storm Sewer (1) Top of pipe elevations and coordinates at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature, etc. c)Sanitary Sewer (1) Top of pipe elevations and coordinates for sanitary sewer lines at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature, etc. (c) Cleanouts c.Construction survey will be performed in order to maintain complete and accurate logs of control and survey work associated with meeting or exceeding the line and grade required by these Specifications. d. The Contractor will need to ensure coordination is maintained with the City to perform construction survey and to verify control data, including but not limited to the following: 1) Established benchmarks and control points provided for the Contractor’s use are accurate 2) Benchmarks were used to furnish and maintain all reference lines and grades for tunneling 3) Lines and grades were used to establish the location of the pipe 4) Submit to the City copies of field notes used to establish all lines and grades and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City to verify the guidance system and the line and grade of the carrier pipe on a daily basis. 6) The Contractor remains fully responsible for the accuracy of the work and the correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to City. 9) If the installation does not meet the specified tolerances, immediately notify the City and correct the installation in accordance with the Contract Documents. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 01 71 23 - 4 DAP CONSTRUCTION STAKING AND SURVEY Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A.It is the Contractor’s responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. B.Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A.Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A.Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a.Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A.General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B.Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a.Cover to prevent blowing by wind b. Store debris away from construction or operational activities c.Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a.Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C.Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a.Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 SECTION 01 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1.The procedure for closing out a contract B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B.Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A.Submit all required documentation to City’s Project Representative. 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A.Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B.Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C.Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a.The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a.Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c.Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e.Fuses f.Vault keys g.Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D.Notice of Project Completion 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E.Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a.Final Payment Request b. Statement of Contract Time c.Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e.Pipe Report (if required) f.Contractor’s Evaluation of City g.Performance Evaluation of Contractor F.Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a.Traffic Controllers b. Irrigation Controllers (to be operated by the City) c.Butterfly Valves B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A.Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A.Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a.Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c.Text: Manufacturer’s printed data, or neatly typewritten 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e.Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f.Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a)Title of Project b) Identity of separate structure as applicable c)Identity of general subject matter covered in the manual 3. Binders a.Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B.Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a.Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c.List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a.Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a.Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c.Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a.Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued a.Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C.Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a.Manufacturer's data, giving full information on products 1)Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a.Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D.Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a.Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c.Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e.Manufacturer's printed operating and maintenance instructions f.Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g.As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 i.Charts of valve tag numbers, with location and function of each valve j.List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k.Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a.Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c.As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e.Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f.Manufacturer's printed operating and maintenance instructions g.List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A.Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a.Record Drawings b. Water Meter Service Reports c.Sanitary Sewer Service Reports d. Large Water Meter Reports B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A.Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A.Accuracy of Records 1.Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2.Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 3.To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4.Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A.Storage and Handling Requirements 1.Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2.In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a.In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A.Job set 1.Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B.Final Record Documents 1.At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A.Maintenance of Job Set 1.Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 2.Preservation a.Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b.Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c.Maintain the job set at the site of work. 3. Coordination with Construction Survey a.At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4.Making entries on Drawings a.Record any deviations from Contract Documents. b.Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c.Date all entries. d.Call attention to the entry by a "cloud" drawn around the area or areas affected. e.In the event of overlapping changes, use different colors for the overlapping changes. 5.Conversion of schematic layouts a.In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1)Final physical arrangement is determined by the Contractor, subject to the City's approval. 2)However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b.Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1)Final physical arrangement is determined by the Contractor, subject to the City's approval. 2)Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3)Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c.The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B.Final Project Record Documents 1.Transfer of data to Drawings a.Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b.Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c.Call attention to each entry by drawing a "cloud" around the area or areas affected. 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Palladium East Berry 104031 Revised April 7, 2014 d.Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2.Transfer of data to other Documents a.If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b.If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application