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064475-PM1 - Construction-Related - Contract - D.R. Horton - Texas, LTD. and Wright Construction Co., Inc.
CONTRACT FOR THE CONSTRUCTION OF Lone Star at Liberty Trails Off-Site Water Main IPRC Record No. IPRC21-0193 City Project No. 105846 FID No. 30114-0200431-105846-E07685 File No. X. No. X-28370 Mattie Parker Jesus “Jay” Chappa Mayor City Manager Christopher P. Harder, P.E. Director, Water Department Prepared for The City of Fort Worth Funding Department: Water Department Advertising Year: 2025 Pape-Dawson Engineers 201 Main Street, Suite 901 Fort Worth, Texas 76102 817-870-3668 Texas Board of Professional Engineers, Firm Registration #470 64475-PM1 WATER IMPROVEMENTS FOR LONE STAR AT LIBERTY TRAILS OFF-SITE WATER MAIN CITY PROJECT NO. 105846 September 2025 Kevin Murphy, P.E Pape-Dawson Engineers TBPE Firm Registration #470 201 Main Street, Suite 901 Fort Worth, Texas 76102 STA T E OF TEXA S PRO F ESSIONA L E N G INEERLICEN S E D KEVIN M. MURPHY 144318 01/08/2026 00 00 00 TABLE OF CONTENTS Page 1 of 8 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.: 105846 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 TABLE OF CONTENTS Page 2 of 8 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.: 105846 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 00 00 00 TABLE OF CONTENTS Page 3 of 8 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.: 105846 Revised March 20, 2020 32 31 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates 32 32 13 Cast-in-Place Concrete Retaining Walls 32 91 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching, Seeding, and Sodding 32 93 43 Trees and Shrubs Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 33 03 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 33 04 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 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 00 00 00 TABLE OF CONTENTS Page 4 of 8 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.: 105846 Revised March 20, 2020 33 31 12 Cured in Place Pipe (CIPP) 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 TABLE OF CONTENTS Page 5 of 8 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.: 105846 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 TABLE OF CONTENTS Page 6 of 8 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.: 105846 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 TABLE OF CONTENTS Page 7 of 8 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.: 105846 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 TABLE OF CONTENTS Page 8 of 8 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.: 105846 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 PAFsE -- DAWS�N ADDENDUM ADDENDUM NO. 1 To the Plans, Specifications & General Contract Documents LONE STAR AT LIBERTY TRAILS OFF-SITE WATER MAIN CITY PROJECT NO.: 105846 Bid Date: September 18th, 2025, 2:00 PM CST The Contract Documents, Specifications, and Plans for the subject project are hereby amended as follows: Document Additions: a. Grading Improvements to Serve Lone Star at Liberty Trails Off-Site Water Main i. Description: Provided grading plans for contractor to bring the grading across the waterline easement to the future proposed grade needed to install the water main. The associated bid form has been updated to reflect the changes. b. 00 41 00 00 42 43 00 45 12 Bid Proposal Workbook i. Description:00 42 43 Proposal Form has been updated to reflect grading plans, and to include Section 00 41 00 and 00 45 12 2. Questions: a. Question 1: Estimate What is the engineer estimate for this project Answer: No engineering estimate has been provided. b. Question 2: Excavation and Import Items. Could I get an explanation for items 25 and 26, unclassified excavation and import and place? Is this to provide minimum cover for waterline or is it intended to build to subgrade of future roadway section? Is the import available from a borrow area onsite? Answer: The bid form has been revised so there is no longer a net import. The earthwork improvements are to provide the minimum cover requirements for the waterline which will match the future subgrade of the proposed roadway. The intent of these grading efforts is to prevent the vaults and manholes from having to be readjusted in the future for the construction of the future roadway. c. Question 3: Bid item for Remove and Replace Fence. Sheet 9 of 21 has two locations for Removal and Replacement of Fence. Will a Bid Item be added for this work? Answer: Yes, a bid item has been added to the bid proposal sheet. d. Question 4: Requested Information-Required. What is required for Item 1 Copies of Bidding Documents, Item 2 Prequalification of Bidders and Item 3 Examination of Bidding and Contract Documents? Is Item 5 A Completed Bid Form required in addition to Item 9 Bidder's Proposal Form? Is Item 12 A Completed Bidder Prequalification Application required if the bidder is prequalified? Item 14 Other Information requested by the City, what is required? Answer: Please refer to the "Instructions for Bidders" attachment provided with the bid documents for specific ql�estions about what is reqtiired for bidding. 201 Main Street, Suite 901, Fort Worth, Texas 76102 817-870-3668 PAPE-DAWSON.COM Texas Engineering Firm #470 Texas Surveying Frrm #70028800 e. Question 5: Construction Staking Who is responsible for construction staking? Answer: The developer will be responsible for all construction staking. f. Question 6: Who is responsible for furnishing and installing the erosion control measures for the waterline? Answer: The bid form has been updated to include the erosion control measures in the plans. The selected contractor will be responsible for all erosion control measures. This Addendum, forms part of the Contract Documents referenced above and modifies the original Contract Documents and Plans. Bidder shall acknowledge receipt of this addendum in the s�ace provided below, on the last na�e of the Bid Form and acknowledge receipt on the outer envelone of �'our bid. A signed copy of this Addendum should be included in the sealed bid envelope at the time of bid submittal. Failure to acknowledge the receipt of this Addendum could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disquali�cation. RECEIPT ACKNOWLEDGEMENT: By. y �� � �_ _ L" " ] COm 3rij�: j,(/� I C.S ���xs fru r�i.--w �a .� �r c Address: l�Do`' v�, �.c�a// �3'�� C�ra�v�r�B� %'�yC4S �'led S/ Accepted By City � "'Geor e Mar uez, .E.`; CFW Pro�ect Mana er g 9 J g ERS Manager PAPE-DAWSON ISSUED BY: 00 11 13 INVITATION TO BIDDERS - DAP Page 1 of 3 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENT - DEVELOPER AWARD PROJECT City Project No: 105846 Revised 2/08/24 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of Lone Star at Liberty Trails Off-Site Water Main, City Project Number 105846 (“Project”) will be received by the City of Fort Worth via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities, under the respective Project until 1:30 P.M. CST, Thursday, September 18th, 2025. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST in Council Chambers at New City Hall on the Terrace Level. Your submissions must be uploaded, finalized and submitted prior to the Project’s posted due date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. All submissions must be submitted electronically prior to the close date and time under the respective Project via the Procurement Portal: https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities Failure to submit all completed required information listed in the respective Solicitation will be grounds for rejection of a bid as non-responsive. No late bids/proposals shall be accepted. Bids delivered in any other manner than using the Bonfire Platform (Procurement Portal) will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such bidder provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Bid was caused solely by error or malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a clear or readable copy of a bid into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Platform (Procurement Portal). Bidders are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. SUPPORT For technical questions, visit Bonfire’s help forum at https://vendorsupport.gobonfire.com/hc/en-us Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. To get started with Bonfire, watch this five-minute training video: Vendor Registration and Submission [VIDEO] – Bonfire Vendor Support (gobonfire.com) 00 11 13 INVITATION TO BIDDERS - DAP Page 2 of 3 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENT - DEVELOPER AWARD PROJECT City Project No: 105846 Revised 2/08/24 GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: 273 LF 8” Water Line By Open Cut, 153 LF 12” Water Line By Open Cut, 166 LF 16” Water Line By Open Cut, 5,599 LF 24” Water Line By Open Cut, and minor grading improvements. PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre- qualified by the City at the time of bid opening. The procedures for qualification and pre-qualification are outlined in the Section 3 of 00 21 13 – INSTRUCTIONS TO BIDDERS. In addition to City of Fort Worth prequalification requirements, bidders must be willing to sign a master services agreement with the developer, DR Horton, and provide proof of adequate insurance in accordance with DR Horton standards. Prior to submitting a bid, a draft of the master services agreement shall be provided upon request for interested bidders. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities, under the respective Project. Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties should indicate their intent to bid in the Procurement Portal by selecting “yes” under the Intent to Bid section. All Addenda will be posted in the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities, under the respective Project. PREBID CONFERENCE – Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time, as well as simultaneously via a web conferencing application: DATE: Friday, September 5th, 2025 TIME: 2:00 PM Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders should direct all questions about the meaning and intent of the Bidding Documents electronically through the Vendors discussions section under the respective Project via the Procurement Portal. If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. ADVERTISEMENT DATES Friday, August 29th, 2025 Friday, September 5th , 2025 via a web conferencing application: 00 11 13 INVITATION TO BIDDERS - DAP Page 3 of 3 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENT - DEVELOPER AWARD PROJECT City Project No: 105846 Revised 2/08/24 END OF SECTION 00 21 13 INSTRUCTIONS TO BIDDERS Page 1 of 9 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water STANDARD CONSTRUCTION SPECIFICATION DOCUMENT - Developer Awarded Projects City Project No: 105846 Revised/Updated 12/23/2023 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre-qualification, must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ 3.1.1. Paving – Requirements document located at: 00 21 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water STANDARD CONSTRUCTION SPECIFICATION DOCUMENT - Developer Awarded Projects City Project No: 105846 Revised/Updated 12/23/2023 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/TPW%20Paving %20Contractor%20Prequalification%20Program/PREQUALIFICATION%20REQ UIREMENTS%20FOR%20PAVING%20CONTRACTORS.pdf 3.1.2. Roadway and Pedestrian Lighting – Requirements document located at: https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/TPW%20Roadwa y%20and%20Pedestrian%20Lighting%20Prequalification%20Program/STREET% 20LIGHT%20PREQUAL%20REQMNTS.pdf 3.1.3. Water and Sanitary Sewer – Requirements document located at: https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/Water%20and%2 0Sanitary%20Sewer%20Contractor%20Prequalification%20Program/WSS%20pre qual%20requirements.pdf 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre-qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City’s assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 3.5. Special qualifications required for this project include the following: None 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: 00 21 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water STANDARD CONSTRUCTION SPECIFICATION DOCUMENT - Developer Awarded Projects City Project No: 105846 Revised/Updated 12/23/2023 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima-facie evidence that the Bidder has made the investigations, examinations and tests herein required. 00 21 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water STANDARD CONSTRUCTION SPECIFICATION DOCUMENT - Developer Awarded Projects City Project No: 105846 Revised/Updated 12/23/2023 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 – Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 00 21 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water STANDARD CONSTRUCTION SPECIFICATION DOCUMENT - Developer Awarded Projects City Project No: 105846 Revised/Updated 12/23/2023 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City electrically through the Vendor Discussions section under the respective Project via the Procurement Portal https://fortworthtx.bonfirehub.com/opportunities on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted under the respective Project via the Procurement Portal 6.4. https://fortworthtx.bonfirehub.com/opportunities. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 00 21 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water STANDARD CONSTRUCTION SPECIFICATION DOCUMENT - Developer Awarded Projects City Project No: 105846 Revised/Updated 12/23/2023 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 01 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City’s Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non-responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents. 00 21 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water STANDARD CONSTRUCTION SPECIFICATION DOCUMENT - Developer Awarded Projects City Project No: 105846 Revised/Updated 12/23/2023 12.2. All blanks on the Bid Form must be completed and the Bid Form signed electronically. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 – Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted electronically on the prescribed Bid Form, provided with the Bidding Documents, prior to the time indicated in the Advertisement or INVITATION TO BIDDERS. 14. Withdrawal of Bids 14.1. Bids submitted electronically may be withdrawn prior to the time set for bid opening. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 00 21 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water STANDARD CONSTRUCTION SPECIFICATION DOCUMENT - Developer Awarded Projects City Project No: 105846 Revised/Updated 12/23/2023 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder’s relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 00 21 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water STANDARD CONSTRUCTION SPECIFICATION DOCUMENT - Developer Awarded Projects City Project No: 105846 Revised/Updated 12/23/2023 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder’s bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at https://www.ethics.state.tx.us/data/forms/1295/1295.pdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 3513 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ ,'Conflict of Interest Questionnairel� �state.tx.us) httos://www. ethics.state.tx.0 s/data/forms/confl icUCI S.pdf ❑✓ ❑ ❑ ❑✓ ❑ ❑ BIDDER CIQ Form does not apply CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary CIS Form does not apply CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary �rt'Qfi� �.S�rz�c�Icri2 Lo.� lizC. � �Qo ul �r�/Q�l �'� � �Q�o� �rne , l�s 7Ga � � By: Signature: Kyle Marsh i _ �President END OF SECTION Title: CITY OF FORT W�RTH STANDARD CONSTRUCTION SP�IFICATION DOCUMENTS 0 � 0 Revised February 24, 2026tesourcesP_02 - Construction Documents_Specifications_Div 00-General Conditions_00 41 00 Bid Proposal Workbook 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 of 3 TO: 2.1. 2.2. 2.3. 2.4. 2.5. 2.6. a. b. c. d. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at artificial non- competitive levels, or (c) to deprive Developer of the benefits of free and open competition. City Project No.: Lone Star at Liberty Trails Off-Site Water Main Units/Sections: SECTION 00 41 00 BID Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: 105846 "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: Publicly Bid Developer Awarded Projects - BID FORM 2. BIDDER Acknowledgements and Certification In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. Bidder has not solicited or induced any individual or entity to refrain from bidding. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 6751 North Freeway Fort Worth, TX 76131 Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. D.R. HORTON - TEXAS, LTD UNIT I: WATER IMPROVEMENTS "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. 1. Enter Into Agreement FOR: 3. Prequalification CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM - DEVELOPER AWARDED PROJECTS Form Revised April 2, 2014 00 41 00 BID FORM DAP 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 a. 4.1. 100 4.2. a. b. c. d. e. f. Water New Development Open Cut (24’’ & Under) This Bid Form, Section 00 41 00 Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. ater the date when the Contract Time commences to run as provided in the General Conditions. 5. Attached to this Bid working days Prequalification Statement, Section 00 45 12 4. Time of Completion Any additional documents that may be required by Section 12 of the Instructions to Bidders Bidder pre-qualification application (Optional) Proposal Form, Section 00 42 43 Bidder agrees to complete WORK for FINAL ACCEPTANCE within The following documents are attached to and made a part of this Bid: CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM - DEVELOPER AWARDED PROJECTS Form Revised April 2, 2014 00 41 00 BID FORM DAP 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 3 of 3 6.1. 6.2. 6.3 TOTAL BID Title:Senior Estimator Company: Corporate Seal: Address:600 W. Wall Street Email: Phone: Receipt is acknowledged of the following Addenda: This Bid is submitted on END OF SECTION 6. Total Bid Amount It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Wright Construction Co., Inc. Addendum No. 2: jlipscomb@wrightconst.com 817-329-7093 Texas Addendum No. 3: Addendum No. 4: Grapevine, Texas 76051 State of Incorporation:<Seal Here> $1,695,645.00 Initial (Signature) by the entity named below. Respectfully submitted, Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. Joe E. Lipscomb (Printed Name) September 18, 2025 7. Bid Submittal By:____________________________________________ Addendum No. 1: CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM - DEVELOPER AWARDED PROJECTS Form Revised April 2, 2014 00 41 00 BID FORM DAP SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Project Item Informafion Bidlist Item No. Speci6ca6on Sectio� No. UNIT I: WATER IMPROVEMENTS 1 0241.1106 16" Pressure Plug 02 41 14 � 2 0241.1109 24" Pressure Plug 02 41 14 3 0241 _1118 4"-12" Pressure Plug 02 41 14 4^ 3305.0109 Trench Safety 33 05 10 5� 3305.0110 Utiliry Markers 33 05 26 --- ------ - -- - --- - - ----�-�----- -- - ---- 6 3305.1003 20" Casing By Open Cut 33 05 22 - ------ __.v__... .. -�--- ----�-�---- 7 3305.1007 42" Casing By Open Cut 33 05 22 8 3311.0001 Ductile Iron Water Fittings wl Restraint 33 11 11 � �- ---- - _ ___ -.. _. _ .��------ - - --- - - - --. _ __ 9 3311.0241 8" WaterPipe _____ _ �____ 33 11 10, 33 71 12 10 3311.0261 8" DIP Water 33 17 10 --- ___�._ _ _ .. .. -- - - -------- - ----- - ._ _._ �_.... ..- -- 11 3311.0441 12' WaterPipe_ __ 33 11 10, 3311 12 --- ..,__.__ - ----- -- -- --- ...._ . __-- - ---- - -.. 12 3311.0544 16" W ater Pipe (Restrained Joints) _ 33 17 10, 33 71 12 --- -�.�___ --- ---- - - - ---- - ------ -- - -- --- -- -------- 13 3311.0641 24" Water Pipe ___ _ _ 33_11 10, 33 11 12,_33 11 13, 33 11 14 14 3311.0644 24" Water Pipe (Restrained Joints) 33 11 t0, 33 11 12, 33 11 13, 33 11 14 -------- - -- --------...---- -_.., --------_ __.._ _.... _,. 15 _ 3311.0648 24" Water Pipe, CLSM Backfill (Restrained Joints) ____ 33 11 10, 33 11 12, 33 11 13, 33 11 14 -�-- - - -- -- _ _ . _ . _ _ 16 3311 0654 24" DIP Water (ResVained Joints) _ 33 11 10 -- - -- - - --- - -- -- -- ------- 17 3312.0001 Fire Hydrant 33 12 4D 18 3312.0108 Connection to Existing 24" Water Main 33 12 25 -- -._�_._._.. ... _--- - ------- -- -- __.. .. 19 3312.1004 4' Combination Air Valve Assembly for W ater _ _ 33 12 30 __ __ ---- _ _ _. _ - - --- -------- --- _- - 20 3312.3003 S' Gate Valve 33 12 20 21 3312.3005 12" Gate Valve 33 12 20 - -, z_...__-- - -- --------- ---- --.. ...----- 22 3312.3006 16" Gate Valve wl Vault 33 12 20 23 3312.3008 24" Gate Valve w! Vault 33 12 20 - ---- ----- - _.__ _ _ - -------------- - -- 24 3312.6003 8" Blow Off Valve 33 12 60 25 3137.0105 Medium Stone Riprap, grouted 31 37 00 26 9999.0000 Unclassified ExcavaUon 99 99 99 27 9999.0001 Stabilized Construction Entrance 99 99 99 28 9999.0002 Silt Fence 99 99 99 29 9999.0003 Stone Overflow Structure 99 99 99 30 9999.0004 Inlet Protection 99 99 99 31 9999.0005 18" RCP Class V 99 99 99 32 9999.0006 Remove Section of Ex. Fence and Replace wiih Gate gg gg 99 Access Bidder's Application IUnit of f Bid Uni[ Price I Measure I e„�rity IEA 1 1,368.00 EA 2 2,428.00 _� EA 5 816.00 LF _6191 1.00 LS 8 206.OD LF 20 239.OD LF 20 465.00 TON 13 9,729.00 LF _ 243 118.00 LF 30 140.00 LF 153 147.00 LF 166 161.00 LF _ 3203 125.00 LF _ � 2356 215.00 LF 10 792.00 LF 30 412.00 EA 2 10,873.00 EA 1 6,081.00 EA 4 24,767.00 EA 3 2,597.00 EA 3 4,172.00 EA 1 25,101.00 EA 5 43,820.00 EA 2 20,064.00 SY 12 182.00 CY 3598 14.00 SY 110 17.00 LF 3691 2.00 EA 4 1,650.D0 EA 1 150.00 LF 288 79.00 EA Biddds Propasal Bid Value $1,368.OD $4,856.00 _$4,08D.00 __ $6.19'I.DO - - $1.648.D0 . -- - $4.78D.D0 $9,3DD.00 --- --"$126.477.00 $28,674.00 $4,200.00 $22,491.00 _ _ _- $is,-�2s.00 __ _ $400,375.00 __ _ $506 540.00 - -- $7,920.00 $12,360.00 $21,746.00 $6,081.00 $99,068.00 $7,791.00 $12,516.00 $25,101.00 $219,100.00 $40,128.00 -- $2.iaa.ao $50,372.Ofl $1,870.00 -- -- - $7,382.00 $6,600.00 $150.00 $22,752.00 2,4D9.00 $4,818.00 $1,695,645.00 $1,695,645.00I $1,695,645.00 � TOTAL UNIT I: WATER IMPROVEMENTS Bid Summary _ UNIT I: WATER IMPROVEMENTS This Bid is submitted by the entity uamed below: BIDDER: Wrlght Coastruc[ion Co., Inc. Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT rommences [o run as provided in the Geoeral Conditions. Total ConsWction Bidi BY: xt TITLE: •lim�" DATE: �i+�i working days at[er the date wheo the END OF SECTION 00 45 11 - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 SECTION 00 45 11 1 BIDDERS PREQUALIFICATIONS 2 3 1. Summary. A Bidder or their designated subcontractors are required to be prequalified or 4 have applied for prequalification by the City for the work types requiring prequalification 5 prior to submitting bids. To be considered for award of contract the Bidder must submit 6 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 7 their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed 8 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 9 the requirements below. The information must be submitted seven (7) days prior to the 10 date of the opening of bids. Subcontractors must follow the same timelines as contractors 11 for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at 12 the time bids are opened and reviewed may cause the bid to be rejected. 13 14 15 The prequalification process will establish a bid limit based on a technical evaluation and 16 financial analysis of the contractor. For example, a contractor wishing to submit bids on 17 projects to be opened on the 7th of April must file the information by the 31st day of March 18 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder’s 19 Prequalification Application, the following must accompany the submission. 20 a. A complete set of audited or reviewed financial statements. 21 (1) Classified Balance Sheet 22 (2) Income Statement 23 (3) Statement of Cash Flows 24 (4) Statement of Retained Earnings 25 (5) Notes to the Financial Statements, if any 26 b. A certified copy of the firm’s organizational documents (Corporate Charter, Articles 27 of Incorporation, Articles of Organization, Certificate of Formation, LLC 28 Regulations, and Certificate of Limited Partnership Agreement). 29 c. A completed Bidder Prequalification Application. 30 (1) The firm’s Texas Taxpayer Identification Number as issued by the Texas 31 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 32 number visit the Texas Comptroller of Public Accounts online at the 33 following web address www.window.state.tx.us/taxpermit/ and fill out the 34 application to apply for your Texas tax ID. 35 (2) The firm’s e-mail address and fax number. 36 (3) The firm’s DUNS number as issued by Dun & Bradstreet. This number 37 is used by the City for required reporting on Federal Aid projects. The DUNS 38 number may be obtained at www.dnb.com. 39 d. Resumes reflecting the construction experience of the principles of the firm for firms 40 submitting their initial prequalification. These resumes should include the size and 41 scope of the work performed. 42 e. Other information as requested by the City. 43 44 2. Prequalification Requirements 45 a. Financial Statements. Financial statement submission must be provided in 46 accordance with the following: 47 (1) The City requires that the original Financial Statement or a certified copy 48 be submitted for consideration. 49 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 00 45 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 (2) To be satisfactory, the financial statements must be audited or reviewed 1 by an independent, certified public accounting firm registered and in 2 good standing in any state. Current Texas statues also require that 3 accounting firms performing audits or reviews on business entities within 4 the State of Texas be properly licensed or registered with the Texas State 5 Board of Public Accountancy. 6 (3) The accounting firm should state in the audit report or review whether 7 the contractor is an individual, corporation, or limited liability company. 8 (4) Financial Statements must be presented in U.S. dollars at the current rate 9 of exchange of the Balance Sheet date. 10 (5) The City will not recognize any certified public accountant as 11 independent who is not, in fact, independent. 12 (6) The accountant’s opinion on the financial statements of the contracting 13 company should state that the audit or review has been conducted in 14 accordance with auditing standards generally accepted in the United 15 States of America. This must be stated in the accounting firm’s opinion. 16 It should: (1) express an unqualified opinion, or (2) express a qualified 17 opinion on the statements taken as a whole. 18 (7) The City reserves the right to require a new statement at any time. 19 (8) The financial statement must be prepared as of the last day of any month, 20 not more than one year old and must be on file with the City 16 months 21 thereafter, in accordance with Paragraph 1. 22 (9) The City will determine a contractor’s bidding capacity for the purposes 23 of awarding contracts. Bidding capacity is determined by multiplying the 24 positive net working capital (working capital = current assets – current 25 liabilities) by a factor of 10. Only those statements reflecting a positive 26 net working capital position will be considered satisfactory for 27 prequalification purposes. 28 (10) In the case that a bidding date falls within the time a new financial 29 statement is being prepared, the previous statement shall be updated with 30 proper verification. 31 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 32 submitted along with audited or reviewed financial statements by firms wishing to be 33 eligible to bid on all classes of construction and maintenance projects. Incomplete 34 Applications will be rejected. 35 (1) In those schedules where there is nothing to report, the notation of 36 “None” or “N/A” should be inserted. 37 (2) A minimum of five (5) references of related work must be provided. 38 (3) Submission of an equipment schedule which indicates equipment under 39 the control of the Contractor and which is related to the type of work for 40 which the Contactor is seeking prequalification. The schedule must 41 include the manufacturer, model and general common description of 42 each piece of equipment. Abbreviations or means of describing 43 equipment other than provided above will not be accepted. 44 45 3. Eligibility for Award of Contract 46 a. The City shall be the sole judge as to a contractor’s prequalification. 47 b. The City may reject, suspend, or modify any prequalification for failure by the 48 contractor to demonstrate acceptable financial ability or performance. 49 c. The City will issue a letter as to the status of the prequalification approval. 50 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 00 45 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 d. If a contractor has a valid prequalification letter, the contractor will be eligible to 1 perform the prequalified work types until the expiration date stated in the letter. 2 3 4 5 6 7 END OF SECTION 8 9 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 Wright Construction Co. Inc, 600 W. Wall Street Grapevine, Texas 76051 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'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 amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 105846. 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�/r � J�('�rn s T�'t1C j�l� L� .�/�, Company lo�o w. f,c/t�l/ �'T° Address lx'r.�� e vir� �, /ex�l� 7�a .s / City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT � � By: /�y�e /i2ar5'� (Pleas Signature: / _- Title: /�^�s��en 1� (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared �-t, :.: '�,. '�� •;' ..: , 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 for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this t�� day of .: ,.!.. ,2�_ E i]CJ L.U:3�M � R Notaiy PubRc *•. tit STAT£ aF TEXl18 ��� IDi 11970988 AAy Comrn. ES�. Sen�wy 24. 2029 j `�� � r� P ? ! �� � �� �� ' � : `� r `� � i r Notary Public in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Apri12, 2014 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 December 22nd, 2025 and no cents 005Z�1i-i ➢eveloper Awardcd Projc:ct Agreement Page 3 of 4 Article 6. INDEviN1F�[CATi01v fi.l Contractar covenants and agrees ta indem�ify, hold harmless and defend, at its awn expense, the city, its of'ficers, 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 offecers, agents, employees, subcontractors, licenses or invitees t�nder this contract. This indemni�cation nrovision is specifcallv intended ta operate and be effective even if it is alleged or nrove� that all or some of the dama�es being sou�ht were caused, in whole or in part, bv any act, omission ar ne�li�ence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees i�curred by the city in defending against sueh ctaims and causes oi aetions. 6.2 Contractor covenants and agrees to indemnify and hold harm[ess, at its own expense, the city, its nfficers, serva�ts and employees, frort� and against a�y and al[ loss, damage or destruction of property of the city, arising aut of, or alleged to arise out of, the work and ser�iees to be perforrr�ed by the con�ractor, its afficer�, agents, employees, subcontractors, licensees or invitees under this contract. This i�demnification nrovisian is specificallv intended ta onerate and be effective even if it is alle�ed or nroven that all or some of the dama�es bein� sou�ht were cause[3. in whc�[e or in part, bv a€�v act, omission or negli�e�ce of the citv. Article 7. MISCELLANEOUS 7.l Terms. Tenns used in this Agreement are defined in Article 1 of the 5tandard City Canditions of the Constructian Contract for Developer Awarded Projects. 7.2 Assignment of Coi�tract. This A�reement, including a�l of tk�e Co�tract Documents rs�ay nat be assigned by t�e Contractor witf�out the advanced express �vritten consent of the Deve4oper. 7.3 Successors anci Assigns. Developer and Contractor each binds itself, its partners, successors, assigns and legal representati��es ta the otk�er party hereto, in respec� to all ca��enants, agreeinents and obligations contained in the Contract Documents. 7.4 Severabi�ity. Any prc�vision or part of the Contract Docuinents held to be unconstitutic�nal, vaid or unenforceable by a court of coinpetent jurisdiction s�akl be deemed stricken, and al1 re�nair�ing provis�otts shatl continue to be ��a�id and �inding upan DEVELOPER and CONTRACTOR. 7.� Governing La�v and Venue. This Ag�-eement, ine(uding all of the Contract Doctunents is performab�e in tl�e State af Texas. Venue shall be Tarrant County, Texas, or the United States District Court far the Northern Distriet of Texas, Fart Worth Divisian. CITY ()F FORT 1VORT�i Loue Scar at [,ibcrty Traii; {?ft=5ite Vv aier Main S�iA'�I�:�RD C01�STRUCTlO� SPECTFTCATI(}n DOCiJ'vTEi�TS — DEVELOPER A�4ARDED PROJECTS Cit}r Project tio.: i0�8�6 Re��ised June i5, 2016 December 22, 2025 December 22, 2025 00 61 25 - 1 CERTIFICATE OF INSURANCE Page 1 of 1 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 105846 Revised July 1, 2011 SECTION 00 61 25 CERTIFICATE OF INSURANCE END OF SECTION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS Page 1.Additional Definitions 9 2.Aggregate Limits Per Location 7 3.Aggregate Limits Per Project 7 4.Blanket Contractual Liability – Railroads 3 5.Broadened Bodily Injury Coverage 11 6.Broadened Knowledge Of Occurrence 8 7.Broadened Legal Liability Coverage For Landlord’s Business Personal Property 8 8.Broadened Liability Coverage For Damage To Your Product And Your Work 10 9.Broadened Who Is An Insured 3 10.Co-Employee Bodily Injury Coverage for Managers, Supervisors, Directors or Officers [see provision 9, Broadened Who Is An Insured, paragraph 2.a.(1)] 4 11.Contractual Liability – Personal And Advertising Injury 3 12.Damage To Premises Rented To You – Specific Perils and Increased Limit 7 13.Designated Completed Projects – Amended Limits of Insurance 11 14.Extended Notice Of Cancellation And Nonrenewal 9 15.Incidental Malpractice Liability 7 16.Increased Medical Payments Limit And Reporting Period 7 17.Mobile Equipment Redefined 9 18.Nonowned Watercraft And Nonowned Aircraft (Hired, Rented Or Loaned With Paid Crew)3 19.Product Recall Expense 2 20.Property Damage Liability – Alienated Premises 2 21.Property Damage Liability – Elevators And Sidetrack Agreements 2 22.Property Damage Liability – Property Loaned To The Insured Or Personal Property In The Care, Custody And Control Of The Insured 2 23.Reasonable Force – Bodily Injury or Property Damage 10 24.Supplementary Payments 3 25.Transfer Of Rights (Blanket Waiver Of Subrogation)9 26.Unintentional Failure To Disclose Hazards 8 Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 04 17 Page 1 of 11 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I – COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1. through 6. of this endorsement are excess over any valid and collectible insurance (including any deductible) available to the insured, whether primary, excess or contingent (SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is changed accordingly). Provisions 1.through 6. of this endorsement amend the policy as follows: 1.PROPERTY DAMAGE LIABILITY – ALIENATED PREMISES A.Exclusion j. Damage to Property, paragraph (2)is deleted. B.The following paragraph is also deleted from Exclusion j. Damage to Property: Paragraph (2)of this exclusion does not apply if the premises are “your work” and were never occupied, rented or held for rental by you. 2.PROPERTY DAMAGE LIABILITY – ELEVATORS AND SIDETRACK AGREEMENTS A.Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators. B.Exclusion k. Damage to Your Product does not apply to: 1.The use of elevators; or 2.Liability assumed under a sidetrack agreement. 3.PROPERTY DAMAGE LIABILITY – PROPERTY LOANED TO THE INSURED OR PERSONAL PROPERTY IN THE CARE, CUSTODY AND CONTROL OF THE INSURED A.Exclusion j. Damage to Property,paragraphs (3)and (4)are deleted. B.Coverage under this provision 3.does not apply to "property damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate. 4.PRODUCT RECALL EXPENSE A.Exclusion n. Recall Of Products, Work Or Impaired Property does not apply to “product recall expenses” that you incur for the “covered recall” of “your product”. This exception to the exclusion does not apply to “product recall expenses” resulting from: 1.Failure of any products to accomplish their intended purpose; 2.Breach of warranties of fitness, quality, durability or performance; 3.Loss of customer approval or any cost incurred to regain customer approval; 4.Redistribution or replacement of “your product”, which has been recalled, by like products or substitutes; 5.Caprice or whim of the insured; 6.A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7.Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8.Recall of “your product(s)” that have no known or suspected defect solely because a known or suspected defect in another of “your product(s)” has been found. B.Under SECTION III – LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8. is added: 3.The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of: Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 11 CG 70 49 04 17 a.Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of “bodily injury” and “property damage” included in the “products-completed operations hazard” and b.“Product recall expenses”. 8.Subject to paragraph 5.above [of the CGL Coverage Form], $25,000 is the most we will pay for all “product recall expenses” arising out of the same defect or deficiency. 5.NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT (HIRED, RENTED OR LOANED WITH PAID CREW) Exclusion g. Aircraft, Auto or Watercraft, paragraph (2)is deleted and replaced with the following: [This exclusion does not apply to:] (2)A watercraft you do not own that is: (a)Less than 75 feet long; and (b)Not being used to carry any person or property for a charge; Exclusion g. Aircraft, Auto or Watercraft,paragraph (6) is added as follows: [This exclusion does not apply to:] (6)An aircraft you do not own, provided that: (a)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; (b)The aircraft is rented to you with a trained, paid crew; and (c)The aircraft is not being used to carry any person or property for a charge. 6.BLANKET CONTRACTUAL LIABILITY – RAILROADS Under SECTION V – DEFINITIONS, paragraph c.of “Insured Contract” is deleted and replaced by the following: c.Any easement or license agreement; ’Under SECTION V – DEFINITIONS, paragraph f.(1) of “Insured Contract” is deleted. 7.CONTRACTUAL LIABILITY – PERSONAL AND ADVERTISING INJURY Under SECTION I – COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 8.SUPPLEMENTARY PAYMENTS Under SECTION I – SUPPLEMENTARY PAYMENTS – COVERAGES A AND B, paragraphs 1.b. and 1.d. are deleted and replaced with the following: 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. 9.BROADENED WHO IS AN INSURED SECTION II – WHO IS AN INSURED is deleted and replaced with the following: 1.If you are designated in the Declarations as: a.An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 04 17 Page 3 of 11 b.A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c.A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e.A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2.Each of the following is also an insured: a.Your “volunteer workers” only while performing duties related to the conduct of your business, or your "employees," other than either your "executive officers," (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or “volunteer workers” are insured for: (1)"Bodily injury" or "personal and advertising injury": (a)To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other “volunteer workers” while performing duties related to the conduct of your business; (b)To the spouse, child, parent, brother or sister of that co-"employee" or “volunteer worker” as a consequence of paragraph (1)(a) above; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a)or (b)above; or (d)Arising out of his or her providing or failing to provide professional health care services except as provided in provision 10.of this endorsement. Paragraphs (1)(a), (1)(b) and (1)(c) above do not apply to your “employees” who are: (i)Managers; (ii)Supervisors; (iii)Directors; or (iv)Officers; with respect to “bodily injury” to a co-“employee”. (2)"Property damage" to property: (a)Owned, occupied or used by; (b)Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," “volunteer workers”, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b.Any person (other than your "employee" or “volunteer worker”), or any organization while acting as your real estate manager. c.Any person or organization having proper temporary custody of your property if you die, but only; Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 11 CG 70 49 04 17 (1)With respect to liability arising out of the maintenance or use of that property; and (2)Until your legal representative has been appointed. d.Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e.Your subsidiaries if: (1)They are legally incorporated entities; and (2)You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. f.Any person or organization, including any manager, owner, lessor, mortgagee, assignee or receiver of premises, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises or land leased to you, including common or public areas about such premises or land if so required in the contract. However, no such person or organization is an insured with respect to: (1)Any "occurrence" that takes place after you cease to occupy or lease that premises or land; or (2)Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. g.Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1)"Bodily injury", "property damage", and "personal and advertising injury" arising out of operations performed for the state or municipality; or (2)"Bodily injury" or "property damage" included within the "products-completed operations hazard." h.Any person or organization who is the lessor of equipment leased to you to whom you are obligated under a written contact to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, no such person or organization is an insured with respect to any "occurrence" that takes place after the equipment lease expires. i.Any architect, engineer, or surveyor engaged by you under a written contract but only with respect to liability arising out of your premises or "your work." However, no architect, engineer, or surveyor is an insured with respect to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1)The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2)Supervisory, inspection, or engineering services. This paragraph i. does not apply if a separate Additional Insured endorsement providing liability coverage for architects, engineers, or surveyors engaged by you is attached to the policy. If the written contract, written agreement, or certificate of insurance requires primary and non-contributory coverage, the insurance provided by paragraphs f.through i. above will be primary and non-contributory Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 04 17 Page 5 of 11 relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. 3.Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded until the end of the policy period. b.Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c.Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d.Coverage A does not apply to “product recall expense” arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4.Any person or organization (referred to below as vendor) with whom you agreed under a written contract to provide insurance is an insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to: a."Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b.Any express warranty unauthorized by you; c.Any physical or chemical change in “your product” made intentionally by the vendor; d.Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e.Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of “your products”; f.Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of “your product”; g.“Your products” which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h.“Bodily injury” or “property damage” arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1)The exceptions contained in subparagraphs d. or f.; or (2)Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This paragraph 4. does not apply to any insured person or organization from which you have acquired “your product”, or any ingredient, part, or container, entering into, accompanying or containing “your product”. This paragraph 4. also does not apply if a separate Additional Insured endorsement, providing liability coverage for “bodily injury” or “property damage” arising out of “your product” that is distributed or sold in the regular course of a vendor’s business, is attached to the policy. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 11 CG 70 49 04 17 10.INCIDENTAL MALPRACTICE LIABILITY As respects provision 9., SECTION II – WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your “employee” does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION II – LIMITS OF INSURANCE,provisions 11. through 14. of this endorsement amend the policy as follows: 11.AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. 12.AGGREGATE LIMITS PER LOCATION The General Aggregate Limit applies separately to each of your locations, but only when required by written contract, written agreement or certificate of insurance.As respects this provision 12., your locations are premises you own, rent or use involving the same or connecting lots or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. However, your locations do not include any premises where you, or others acting on your behalf, are performing construction operations. 13.INCREASED MEDICAL PAYMENTS LIMIT A.SECTION III – LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all of the terms of SECTION III – LIMITS OF INSURANCE and is the greater of: 1.$10,000; or 2.The amount shown in the Declarations for Medical Expense Limit. B.This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14.DAMAGE TO PREMISES RENTED TO YOU – SPECIFIC PERILS AND INCREASED LIMIT A.The word fire is changed to "specific perils" where it appears in: 1.The last paragraph of SECTION I – COVERAGE A,paragraph 2. Exclusions; 2.SECTION IV, paragraph 4.b. Excess Insurance. B.The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a "specific peril" or any combination of "specific perils." C.The Damage To Premises Rented To You Limit described in SECTION III – LIMITS OF INSURANCE, paragraph 6.,is replaced by a new limit, which is the greater of: 1.$1,000,000; or 2.The amount shown in the Declarations for Damage To Premises Rented To You Limit. D.This provision 14.does not apply if the Damage To Premises Rented To You Limit of SECTIONI – COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. E.“Specific Perils” means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or “water damage”. “Water damage” means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 15.BROADENED LEGAL LIABILITY COVERAGE FOR LANDLORD’S BUSINESS PERSONAL PROPERTY Under SECTION I – COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2. Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 04 17 Page 7 of 11 Exclusions,j. Damage to Property, the first paragraph following paragraph (6) is deleted and replaced with the following: Paragraphs (1),(3) and (4)of this exclusion do not apply to “property damage” (other than damage by fire) to a landlord’s business personal property that is subject to, or part of, a premises lease or rental agreement with that landlord. The most we will pay for damages under this provision 15. is $10,000. A $250 deductible applies. Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 16. through 18. of this endorsement amend the policy as follows: 16.BROADENED KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced and paragraphs e.and f. are added as follows: a.You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by your “employee(s)” shall not, in itself, constitute knowledge to you unless one of your partners, members, “executive officers”, directors, or managers has knowledge of the "occurrence" or offense. To the extent possible, notice should include: (1)How, when and where the "occurrence" or offense took place; (2)The names and addresses of any injured persons and witnesses; and (3)The nature and location of any injury or damage arising out of the "occurrence" or offense. e.If you report an “occurrence” to your workers compensation carrier that develops into a liability claim for which coverage is provided by this Coverage Form, failure to report such an “occurrence” to us at the time of the “occurrence” shall not be deemed a violation of paragraphs a., b., and c.above. However, you shall give written notice of this “occurrence” to us as soon you become aware that this “occurrence” may be a liability claim rather than a workers compensation claim. f.You must see to it that the following are done in the event of an actual or anticipated “covered recall” that may result in “product recall expense”: (1)Give us prompt notice of any discovery or notification that “your product” must be withdrawn or recalled. Include a description of “your product” and the reason for the withdrawal or recall; (2)Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 17.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6.Representations By accepting this policy, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon representations you made to us; c.We have issued this policy in reliance upon your representations; and d.This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by this Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 11 CG 70 49 04 17 18.TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8.If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 19.EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2.b.of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b.60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following: 9.When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 20.MOBILE EQUIPMENT REDEFINED Under SECTION V – DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1)does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. 21.ADDITIONAL DEFINITIONS 1.SECTION V – DEFINITIONS, paragraph 4. “Coverage territory” is replaced by the following definition: “Coverage territory” means anywhere in the world with respect to liability arising out of “bodily injury,” “property damage,” or “personal and advertising injury,” including “personal and advertising injury” offenses that take place through the Internet or similar electronic means of communication provided the insured’s responsibility to pay damages is determined in a settlement to which we agree or in a “suit” on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2.SECTION V – DEFINITIONS is amended by the addition of the following definitions: “Covered recall” means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in “your product” has resulted or will result in “bodily injury” or “property damage”. “Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of “your product” for: a.Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b.Stationery, envelopes, production of announcements and postage or facsimiles; c.Remuneration paid to regular employees for necessary overtime or authorized travel expense; d.Temporary hiring by you or by agents designated by you of persons, other than your regular employees, to perform necessary tasks; e.Rental of necessary additional warehouse or storage space; Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 04 17 Page 9 of 11 f.Packaging of or transportation or shipping of defective products to the location you designate; and g.Disposal of “your products” that cannot be reused. Disposal expenses do not include: (1)Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and (2)Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid “bodily injury” or “property damage”. 22.REASONABLE FORCE – BODILY INJURY OR PROPERTY DAMAGE Under SECTION I – COVERAGE A., paragraph 2. Exclusions, subparagraph a. Expected Or Intended Injury is deleted and replaced with the following: [This insurance does not apply to:] a.Expected Or Intended Injury “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. 23.BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A.Under SECTION I – COVERAGE A., paragraph 2. Exclusions,exclusion k. Damage to Your Product and exclusion l. Damage to Your Work are deleted and replaced with the following: [This insurance does not apply to:] k.Damage to Your Product “Property damage” to “your product” arising out of it or any part of it, except when caused by or resulting from: (1)Fire; (2)Smoke: (3)“Collapse”; or (4)Explosion. For purposes of exclusion k. above, “collapse” means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. 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; (c)“Collapse”; or (d)Explosion. For purposes of exclusion l. above, “collapse” means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. B.The following paragraph is added to SECTION III – LIMITS OF INSURANCE: Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 11 CG 70 49 04 17 Subject to 5. above [of the CGL Coverage Form], $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one “occurrence” because of “property damage” to “your product” and “your work” that is caused by fire, smoke, collapse or explosion and is included within the “product-completed operations hazard”. This sublimit does not apply to “property damage” to “your work” if the damaged work, or the work out of which the damage arises, was performed on your behalf by a subcontractor. 24.BROADENED BODILY INJURY COVERAGE Under SECTION V – DEFINITIONS, the definition of “bodily injury” is deleted and replaced with the following: 3."Bodily injury" a.Means physical: (1)Injury; (2)Disability; (3)Sickness; or (4)Disease; sustained by a person, including death resulting from any of these at any time. b.Includes mental: (5)Anguish; (6)Injury; (7)Humiliation; (8)Fright; or (9)Shock; directly resulting from any "bodily injury" described in paragraph 3.a. c.All "bodily injury" described in paragraph 3.b. shall be deemed to have occurred at the time the "bodily injury" described in paragraph 3.a. occurred. 25.DESIGNATED COMPLETED PROJECTS – AMENDED LIMITS OF INSURANCE When a written contract or written agreement between you and another party requires project-specific limits of insurance exceeding the limits of this policy; A.for “bodily injury” or “property damage” that occurs within any policy period for which we provided coverage; and B.for “your work” performed within the “products-completed operation hazard”; and C.for which we previously issued Amendment Of Limits Of Insurance (Designated Project Or Premises) CG 71 94 either during this policy term or a prior policy term; and D.that designated project is now complete; the limits of insurance shown in the CG 71 94 schedule will replace the limits of insurance of this policy for the designated project and will continue to apply for the amount of time the written contract or written agreement requires, subject to the state statute of repose for the project location. These limits are inclusive of and not in addition to the replaced limits. Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 04 17 Page 11 of 11 Policy Number Agency Number Policy Effective Date Policy Expiration Date Date Account Number Named Insured Agency Issuing Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR’S BLANKET FLEX ADDITIONAL INSURED ENDORSEMENT – FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. 1. 2. a. b. 1. 2. SECTION II - WHO IS AN INSURED is amended to add as an additional insured: Any person or organization with whom you have agreed in a “written agreement”that such person or organization be added as an additional insured on this policy,and any other person or organization you are required to add as an additional insured under such “written agreement”. If “your work”began under a written letter of intent or written work order,any person or organization who issued the written letter of intent or written work order, but: such coverage will apply only for 30 calendar days following the date the written letter of intent or written work order was issued; and the person or organization is an additional insured only for, and to the extent of, liability arising out of “bodily injury”, “property damage”, or “personal and advertising injury” caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the written letter of intent or written work order. This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. For the purposes of the coverage provided by this endorsement, a “written agreement” means a written contract or written agreement that: requires you to include a person or organization as an additional insured for a period of time during the policy period; and is executed prior to the occurrence of “bodily injury”, “property damage”, or “personal and advertising injury” that forms the basis for a claim under this policy. The insurance provided by this endorsement does not apply to any person or organization that is specifically listed as an additional insured on another endorsement attached to this policy. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 1 of 3 21289140002 11/29/2025 11/29/202507/01/2026 Wright Construction Co.,Inc.Amerisure Partners Insurance The coverage provided to any person or organization added as an additional insured pursuant to Paragraph A.1 is limited as follows: If the “written agreement”specifically and exclusively requires you to name the person or organization as an additional insured using the ISO CG 20 10 endorsement with edition dates of 11 85 or 10 01,or the ISO CG 20 37 10 01 endorsement,that person or organization is an additional insured,but only with respect to liability for “bodily injury”,“property damage”,or “personal and advertising injury” arising out of “your work” for that insured by or for you. If the “written agreement”requires you to name the person or organization as an additional insured using the ISO CG 20 10 and or CG 20 37 endorsements without specifically and exclusively requiring the 11 85 or 10 01 edition dates,that person or organization is an additional insured,but only with respect to liability for “bodily injury”,“property damage”,or “personal and advertising injury”caused,in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. If the “written agreement”requires you to name the person or organization as an additional insured for operations arising out of your work and does not specify an ISO additional insured endorsement,that person or organization is an additional insured,but only with respect to liability for “bodily injury”,“property damage”,or “personal and advertising injury”arising out of your acts or omissions,or the acts or omissions of others working on your behalf,in the performance of your work as specified in the “written agreement”.This coverage does not apply to liability arising out of the sole negligence of the additional insured unless specifically required in the “written agreement”. If none of the above paragraphs apply,then the person or organization is an additional insured only for,and to the extent of,liability arising out of “bodily injury”,“property damage”,or “personal and advertising injury”caused,in whole or in part,by your negligent acts or omissions,or the negligent acts or omissions of others working on your behalf,in the performance of your work as specified in the “written agreement”.This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. However, the insurance afforded to such additional insured only applies to the extent permitted by law. The insurance provided to an additional insured under this endorsement does not apply to: “Bodily injury”or “property damage”included in the “products-completed operations hazard” unless the “written agreement”specifically requires such coverage (including by specifically requiring the CG 20 10 11 85).To the extent the “written agreement”requires such coverage for a specified amount of time,the coverage provided by this endorsement is limited to the amount of time required for such coverage by the “written agreement”. “Bodily injury”,“property damage”,or “personal and advertising injury”arising out of an architect’s, engineer’s,or surveyor’s rendering of,or failure to render,any professional services,including but not limited to: The preparing, approving, or failing to prepare or approve: Maps; Drawings; Opinions; Reports; Surveys; Change orders; B. 1. 2. 3. 4. C. 1. 2. a. (1) (2) (3) (4) (5) (6) CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 2 of 3 Design specifications; and Supervisory, inspection, or engineering services. The limits of insurance that apply to the additional insured are the least of those specified in the “written agreement” or declarations of this policy. Coverage provided by this endorsement for any additional insured shall not increase the applicable Limits of Insurance shown in the Declarations.The limits of insurance that apply to the additional insured are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. With respect to the coverage provided by this endorsement,SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS,Paragraph 4. Other Insurance is deleted and replaced with the following: 4.Other Insurance. a.Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: Primary; Excess; Contingent; or On any other basis. In addition,this insurance is excess over any self-insured retentions,deductibles,or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However,if the “written agreement”requires primary and non-contributory coverage,this insurance will be primary and non-contributory relative only to the other insurance available to the additional insured which covers that person or organization as a Named Insured,and we will not share with that other insurance.For any other insurance available to the additional insured where that person or organization is not a Named Insured,this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares,we will follow this method also. Under this method,each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares,we will contribute by limits.Under this method,each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. (7) b. D. E. (1) (2) (3) (4) CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc. CA 71 18 11 09 Page 1 of 5 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is $ 1.BROAD FORM INSURED SECTION II -LIABILITY COVERAGE,A.1.Who Is An Insured is amended by the addition of the following: d.Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company,and over which you maintain ownership or a majority interest,will qualify as a Named Insured. However, (1)Coverage under this provision is afforded only until the end of the policy period; (2)Coverage does not apply to “accidents”or “loss”that occurred before you acquired or formed the organization;and (3)Coverage does not apply to an organization that is an “insured”under any other policy or would be an “insured”but for its termination or the exhausting of its limit of insurance. e.Any “employee”of yours using: (1)A covered “auto”you do not own,hire or borrow,or a covered “auto”not owned by the “employee”or a member of his or her household,while performing duties related to the conduct of your business or your personal affairs;or (2)An “auto”hired or rented under a contract or agreement in that “employee’s”name,with your permission,while performing duties related to the conduct of your business.However,your “employee”does not qualify as an insured under this paragraph (2)while using a covered “auto” rented from you or from any member of the “employee’s”household. f.Your members,if you are a limited liability company,while using a covered “auto”you do not own,hire or borrow and while performing duties related to the conduct of your business or your personal affairs. g.Any person or organization with whom you agree in a written contract,written agreement or permit,to provide insurance such as is afforded under this policy,but only with respect to your covered “autos”. This provision does not apply: (1)Unless the written contract or agreement is executed or the permit is issued prior to the “bodily injury” or “property damage”; (2)To any person or organization included as an insured by an endorsement or in the Declarations;or (3)To any lessor of “autos”unless: (a)The lease agreement requires you to provide direct primary insurance for the lessor; (b)The “auto”is leased without a driver;and Includes copyrighted material of Insurance Services Office,Inc. Page 2 of 5 CA 71 18 11 09 (c)The lease had not expired. Leased “autos”covered under this provision will be considered covered “autos”you own and not covered “autos”you hire. h.Any legally incorporated organization or subsidiary in which you own more than 50%of the voting stock on the effective date of this endorsement. This provision does not apply to “bodily injury”or “property damage”for which an “insured”is also an insured under any other automobile policy or would be an insured under such a policy,but for its termination or the exhaustion of its limits of insurance,unless such policy was written to apply specifically in excess of this policy. 2.COVERAGE EXTENSIONS -SUPPLEMENTARY PAYMENTS Under Section II -LIABILITY COVERAGE,A.2.a.Supplementary Payments,paragraphs (2)and (4)are deleted and replaced as follows: (2)Up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations)required because of an “accident”we cover.We do not have to furnish these bonds. (4)All reasonable expenses incurred by the “insured”at our request,including actual loss of earnings up to $500 a day because of time off from work. 3.AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION II -LIABILITY COVERAGE,B.EXCLUSIONS,paragraph 5.Fellow Employee is deleted and replaced by the following: 5.Fellow Employee “Bodily injury”to: a.Any fellow “employee”of the “insured”arising out of and in the course of the fellow “employee’s” employment or while performing duties related to the conduct of your business.However,this exclusion does not apply to your “employees”that are officers,managers,supervisors or above. Coverage is excess over any other collectible insurance. b.The spouse,child,parent,brother or sister of that fellow “employee”as a consequence of paragraph a.above. 4.HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A.Under SECTION III -PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following is added: If any of your owned covered “autos”are covered for Physical Damage,we will provide Physical Damage coverage to “autos”that you or your “employees”hire or borrow,under your name or the “employee’s” name,for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered “auto”shown in the Declarations,Item Three,Schedule of Covered Autos You Own,or on any endorsements amending this schedule. B.Under SECTION III -PHYSICAL DAMAGE COVERAGE,A.4.Coverage Extensions.paragraph b.Loss Of Use Expenses is deleted and replaced with the following: b.Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an “insured”becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver,under a written rental contract or agreement.We will pay for loss of use expenses if caused by: (1)Other than collision,only if the Declarations indicate that Comprehensive Coverage is provided for any covered “auto”; Includes copyrighted material of Insurance Services Office,Inc. CA 71 18 11 09 Page 3 of 5 (2)Specified Causes of Loss,only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered “auto”;or (3)Collision,only if the Declarations indicate that Collision Coverage is provided for any covered “auto”. However,the most we will pay for any expenses for loss of use is $30 per day,to a maximum of $2,000. C.Under SECTION IV –BUSINESS AUTO CONDITIONS,B.General Conditions,5.Other Insurance, paragraph b.is replaced by the following: b.For Hired Auto Physical Damage,the following are deemed to be covered “autos”you own: 1.Any covered “auto”you lease,hire,rent or borrow;and 2.Any covered “auto”hired or rented by your “employees”under a contract in that individual “employee’s”name,with your permission,while performing duties related to the conduct of your business. However,any “auto”that is leased,hired,rented or borrowed with a driver is not a covered “auto”,nor is any “auto”you hire from any of your “employees”,partners (if you are a partnership),members (if you are a limited liability company),or members of their households. 5.LOAN OR LEASE GAP COVERAGE Under SECTION III –PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following is added: If a covered “auto”is owned or leased and if we provide Physical Damage Coverage on it,we will pay,in the event of a covered total “loss”,any unpaid amount due on the lease or loan for a covered “auto”,less: (a)The amount paid under the Physical Damage Section of the policy;and: (b)Any: (1)Overdue lease or loan payments including penalties,interest or other charges resulting from overdue payments at the time of the “loss”; (2)Financial penalties imposed under a lease for excessive use,abnormal wear and tear or high mileage; (3)Costs for extended warranties,Credit Life Insurance,Health,Accident or Disability Insurance purchased with the loan or lease; (4)Security deposits not refunded by a lessor;and (5)Carry-over balances from previous loans or leases. 6.RENTAL REIMBURSEMENT Under SECTION III -PHYSICAL DAMAGE COVERAGE,A.4.Coverage Extensions,paragraph a. Transportation Expenses is deleted and replaced by the following: a.Transportation Expenses (1)We will pay up to $75 per day to a maximum of $2,000 for transportation expense incurred by you because of covered “loss”.We will pay only for those covered “autos”for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage.We will pay for transportation expenses incurred during the period beginning 24 hours after the covered “loss” and ending,regardless of the policy's expiration,when the covered “auto”is returned to use or we pay for its “loss”.This coverage is in addition to the otherwise applicable coverage you have on a covered “auto”.No deductibles apply to this coverage. Includes copyrighted material of Insurance Services Office,Inc. Page 4 of 5 CA 71 18 11 09 (2)This coverage does not apply while there is a spare or reserve “auto”available to you for your operation. 7.AIRBAG COVERAGE Under SECTION III -PHYSICAL DAMAGE,B.EXCLUSIONS,paragraph 3.is deleted and replaced by the following: 3.We will not pay for “loss”caused by or resulting from any of the following unless caused by other “loss” that is covered by this insurance: (1)Wear and tear,freezing,mechanical or electrical breakdown.However,this exclusion does not include the discharge of an airbag. (2)Blowouts,punctures or other road damage to tires. 8.GLASS REPAIR –WAIVER OF DEDUCTIBLE Section III –PHYSICAL DAMAGE COVERAGE,D.Deductible is amended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 9.COLLISION COVERAGE –WAIVER OF DEDUCTIBLE Under Section III -PHYSICAL DAMAGE COVERAGE,D.Deductible is amended to add the following: When there is a loss to your covered “auto”insured for Collision Coverage,no deductible will apply if the loss was caused by a collision with another “auto”insured by us. 10.KNOWLEDGE OF ACCIDENT Under SECTION IV -BUSINESS AUTO CONDITIONS,A.Loss Conditions,2.Duties In The Event Of Accident,Claim,Suit Or Loss,paragraph a.is deleted and replaced by the following: a.You must see to it that we are notified as soon as practicable of an “accident”,claim,“suit”or “loss”. Knowledge of an “accident”,claim,“suit”or “loss”by your “employees”shall not,in itself,constitute knowledge to you unless one of your partners,executive officers,directors,managers,or members (if you are a limited liability company)has knowledge of the “accident”,claim,“suit”or “loss”.Notice should include: (1)How,when and where the “accident”or “loss”occurred; (2)The “insured’s”name and address;and (3)To the extent possible,the names and addresses of any injured persons and witnesses. 11.TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Under SECTION IV -BUSINESS AUTO CONDITIONS,A.Loss Conditions paragraph 5.Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5.Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another,those rights are transferred to us.That person or organization must do everything necessary to secure our rights and must do nothing after “accident”or “loss”to impair them. However,if the “insured”has waived rights to recover through a written contract,or if your work was commenced under a letter of intent or work order,subject to a subsequent reduction in writing with customers whose customary contracts require a waiver,we waive any right of recovery we may have under this Coverage Form. Includes copyrighted material of Insurance Services Office,Inc. CA 71 18 11 09 Page 5 of 5 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS , B. General Conditions , paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 13. BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS When required by written contract or written agreement, the definition of “insured contract” is amended as follows: — The exception contained in paragraph H.3. relating to construction or demolition operations on or within 50 feet of a railroad; and — Paragraph H.a. are deleted with respect to the use of a covered "auto" in operations for, or affecting, a railroad. 21289150002 11/29/202521289150002 11/29/2025 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 06-2014) 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 WC 42 03 04 B (Ed. 06-2014) © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Texas Waiver of Our Right to Recover From Others Endorsement This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1.() Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: 3.Premium: The premium charge for this endorsement shall be 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: 2128916000111/29/2025 Amerisure Partners Insurance Company 11/29/2025 21289160001 Wright Construction Co.,Inc. Amerisure Partners THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY WRITTEN AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM With respect to any additional insured coverage provided under this policy, or by any endorsement to this policy,SECTION IV – CONDITIONS, paragraph 5. Other Insurance is deleted and replaced by the following: 5.Other Insurance Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: Primary; Excess; Contingent; or On any other basis. In addition, this insurance is excess over any self-insured retentions, deductibles, or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However, if a “written agreement” requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative only to the other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. For any other insurance available to the additional insured where that person or organization is not a Named Insured, this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this method, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. For the purposes of the coverage provided by this endorsement, a “written agreement” means a written contract or written agreement that: requires you to include a person or organization as an additional insured for a period of time during the policy period; and is executed prior to the occurrence of “bodily injury”, “property damage”, or “personal and advertising injury” that forms the basis for a claim under this policy. a. (1) (2) (3) (4) 1. 2. CU 74 67 03 23 Includes copyrighted material of the Insurance Services Offices, Inc with its permission Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) POLICY NUMBER:COMMERCIAL LIABILITY UMBRELLA CU 24 03 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CU 24 03 12 20 © Insurance Services Office, Inc., 2020 Page 1 of 1 This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 9. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. BLANKET EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 1 of 24 PRIME PREMIER POLLUTION LIABILITY (Protecting Real Estate, Manufacturers and Industry from Environmental Risk) COVERAGE FORM TABLE OF CONTENTS PAGE SECTION I – COVERAGES ……………………………………………………………………………………… 2 Coverage A – Location Pollution Liability ……………………......................................................... 2 Coverage B – Miscellaneous Pollution Liability …………………………......................................... 3 Coverage C – Crisis Management Costs ........................................................………………………. 4 Coverage D – Business Income and Extra Expense ………........................................................... 4 SECTION I – COMMON EXCLUSIONS ........................................................................................... 4 SECTION I – SUPPLEMENTARY PAYMENTS ................................................................................ 8 SECTION II – WHO IS AN INSURED .............................................................................................. 9 SECTION III – LIMITS OF INSURANCE AND DEDUCTIBLE .......................................................... 10 SECTION IV – CONDITIONS ……….…............................................................................................ 11 SECTION V – DEFINITIONS ………................................................................................................. 18 EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 2 of 24 PRIME PREMIER POLLUTION LIABILITY COVERAGE FORM COVERAGE IS IN EFFECT ONLY IF AN APPLICABLE LIMIT IS SHOWN IN ITEM 4. OF THE DECLARATIONS. Various provisions in this policy restrict coverage. Please read the entire policy carefully to determine rights, duties and what is and is not covered. SECTION I – COVERAGES, Coverage A – Location Pollution Liability of this policy provides claims-made and reported coverage. Throughout this policy, the words “you” and “your” refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words “we”, “us” and “our” refer to the Company providing this insurance. The word “insured” means any person or organization qualifying as such under SECTION II – WHO IS AN INSURED. Defined terms, other than headings, appear in bold face type. Refer to SECTION V - DEFINITIONS. In consideration of the payment of the premium, and in reliance upon the Application for insurance and written underwriting information submitted to us, we agree to provide the following coverage: SECTION I – COVERAGES Coverage A – Location Pollution Liability 1. Insuring Agreements a. Covered Location Third Party Liability We will pay damages that an insured is legally obligated to pay because of bodily injury, property damage or environmental damage resulting from a pollution event on, at, under or migrating from a covered location, provided that the pollution event results in a claim first made against the insured during the policy period, and reported to us in writing during the policy period, within thirty (30) days after the end of the policy period, or during an applicable extended reporting period. b. Covered Location Discovery We will pay clean-up costs that an insured is legally obligated to pay because of environmental damage resulting from a pollution event on, at, under or migrating from a covered location, provided that the pollution event is first discovered by a responsible insured during the policy period, and reported to us in writing during the policy period, within thirty (30) days after the end of the policy period, or during an applicable extended reporting period. c. Non-owned Location Third Party Liability We will pay damages that an insured is legally obligated to pay because of bodily injury, property damage or environmental damage resulting from a pollution event on, at, under or migrating from a non-owned location, provided that the pollution event results in a claim first made against the insured during the policy period, and reported to us in writing during the policy period, within thirty (30) days after the end of the policy period, or during an applicable extended reporting period. d. Defense We will have the right and duty to defend the insured against any claim seeking damages to which this insurance applies. However, we will have no duty to defend the insured against any claim seeking damages to which this insurance does not apply. We may, at our discretion, investigate any pollution event and settle any claim that may result. But: (1)The amount we will pay for damages and any other amounts which may be afforded insurance under Coverage A is limited as described in Section III – LIMITS OF INSURANCE AND DEDUCTIBLE; and EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 3 of 24 (2)Our right and duty to defend and to continue to pay supplementary payments end when we have used up or tendered into court the applicable limit of insurance as described in SECTION I – SUPPLEMENTARY PAYMENTS and SECTION III – LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION I – SUPPLEMENTARY PAYMENTS. Coverage B – Miscellaneous Pollution Liability 1. Insuring Agreements a. Contractors Pollution Liability We will pay damages that an insured is legally obligated to pay because of bodily injury, property damage or environmental damage resulting from a pollution event caused by your work performed by you or on your behalf during the policy period in the coverage territory and the pollution event results in a claim, provided that the bodily injury, property damage or environmental damage occurs during the policy period. b. Transportation Pollution Liability We will pay damages that an insured is legally obligated to pay because of bodily injury, property damage or environmental damage resulting from a pollution event caused by cargo during transportation in the coverage territory before the end of the policy period and the pollution event results in a claim, provided that the bodily injury, property damage or environmental damage occurs during the policy period. c. This insurance applies to bodily injury, property damage or environmental damage only if prior to the policy period, no responsible insured knew that the bodily injury, property damage or environmental damage had occurred, in whole or in part. If any responsible insured knew, prior to the policy period, that the bodily injury, property damage or environmental damage occurred, then any continuation, change or resumption of such bodily injury, property damage or environmental damage during or after the policy period will be deemed to have been known prior to the policy period. However, any continuation, change or resumption of environmental damage that is exacerbated solely and directly by your work performed during the policy period will not be deemed to have been known prior to the policy period. d. Bodily injury, property damage or environmental damage which occurs during the policy period and was not known by any responsible insured to have occurred prior to the policy period, includes any continuation, change, or resumption of that bodily injury, property damage or environmental damage after the end of the policy period. e. All bodily injury, property damage or environmental damage will be deemed to have been known to have occurred at the earliest time when any responsible insured: (1)Reports all, or any part, of the bodily injury, property damage or environmental damage to us or any other insurer; (2)Receives a claim for damages because of the bodily injury, property damage or environmental damage; or (3)Becomes aware by any other means that bodily injury, property damage or environmental damage has occurred or has begun to occur. f. Defense We will have the right and duty to defend the insured against any claim seeking damages to which this insurance applies. However, we will have no duty to defend the insured against any claim seeking damages to which this insurance does not apply. We may, at our discretion, investigate any pollution event and settle any claim that may result. But: EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 4 of 24 (1) The amount we will pay for damages and any other amounts which may be afforded insurance under Coverage B is limited as described in SECTION III - LIMITS OF INSURANCE AND DEDUCTIBLE; and (2) Our right and duty to defend and to continue to pay supplementary payments end when we have used up or tendered into court the applicable limits of insurance as described in SECTION I – SUPPLEMENTARY PAYMENTS and SECTION III - LIMITS OF INSURANCE AND DEDUCTIBLE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION I – SUPPLEMENTARY PAYMENTS. Coverage C – Crisis Management Costs 1. Insuring Agreement We will pay crisis management costs incurred by you in response to a claim or a discovery of a pollution event, provided that: a. You are subject to significant adverse regional or national media attention; b.The claim or discovery of pollution event has resulted in bodily injury, property damage or environmental damage for which we have provided coverage under this policy; and c.The crisis management costs are reported to us in writing within thirty (30) days of the commencement of the discovery of a pollution event by a responsible insured or a claim made against you. Coverage D – Business Income and Extra Expense 1. Insuring Agreement We will pay for the actual loss of business income you sustain and the extra expense you incur due to the necessary suspension of your operations during the period of restoration because of environmental damage resulting from a pollution event on, at or under a covered location, provided that: a. The pollution event has resulted in clean-up costs for which we have provided coverage under Coverage A – Location Pollution Liability, Insuring Agreement 1. a. Covered Location Third Party Liability or 1 b. Covered Location Discovery; and b.You report the suspension of your operations to us in writing during the policy period. SECTION I – COMMON EXCLUSIONS The insurance provided in SECTION I – COVERAGES does not apply to any claim, damages, clean-up costs, emergency costs, crisis management costs, the actual loss of business income, extra expense, and any other amount, cost, expense, injury or damage: 1. Contractual Liability Based upon or arising out of the insured’s assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: a.That the insured would have in the absence of the contract or agreement; or b.Assumed in a contract or agreement that is an insured contract, provided the bodily injury, property damage or environmental damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract, reasonable attorneys’ fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury, property damage or environmental damage, provided: (1)Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same insured contract; and (2)Such attorneys’ fees and litigation expenses are for the defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 5 of 24 2. Damage to Your Property Based upon or arising out of any property damage to any property (i) owned, leased, occupied by, or loaned to an insured including any costs or expenses incurred for repair, replacement, enhancement, restoration, or maintenance of such property for any reason, or (ii) that is personal property in the care, custody or control of an insured. This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, Coverage B – Miscellaneous Pollution Liability, 1. Insuring Agreements a. Contractor’s Pollution Liability for real or personal property owned or leased by or in the care, custody or control of your client. 3. Employer's Liability Bodily injury to: a.An employee of the insured arising out of and in the course of employment by the insured or performing duties related to the conduct of the insured's business; or b.The spouse, child, parent, brother or sister of that employee as a consequence of Paragraph a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. 5. Installed Asbestos and Lead Based upon or arising out of asbestos, asbestos-containing materials, lead or lead-containing materials installed or applied in, on, or to any building or other structure. However, this exclusion does not apply to: a. A claim for bodily injury or property damage; b. Environmental damage that results in clean-up costs for the remediation of any mode of transportation, soil, surface water or groundwater; or c. Environmental damage arising from the inadvertent disturbance of asbestos, asbestos-containing materials, lead, or lead-containing materials that are installed or applied in, on or to any building or other structure. 6. Insured vs. Insured Based upon or arising out of any claim made by any insured against any other person or entity who is also an insured under the policy. However, this exclusion does not apply to: a. Insurance afforded under SECTION I – COVERAGES, Coverage B – Miscellaneous Pollution Liability, 1. Insuring Agreements, a. Contractor’s Pollution Liability to a client of the named insured that the named insured has agreed by written contract executed prior to loss to name as an additional insured on this policy; b. A claim involving a named insured and any other person or entity who is also an insured, in which the underlying action is initiated by a third party who is not an insured, such as an action for contribution or cross-claim; or c. Any claim that arises out of an indemnification given by one insured to another insured as specified in an insured contract. 7. Material Change In Use Based upon or arising out of a change in a covered location’s zoning or use or operational permits, during the policy period, than those applicable to the covered location as of the effective date of the policy or the effective date of an Endorsement to this policy adding a covered location. 8. New Pollution Event at Divested Location EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 6 of 24 Based upon or arising out of a pollution event on, at, under or migrating from a covered location that first commenced on or after the date that the covered location was sold, given away, condemned, or abandoned by the insured. 9. Noncompliance or Dishonest Acts Based upon or arising out of a responsible insured’s: a. Dishonest, fraudulent, criminal, intentional or malicious act, error or omission or those of a knowingly wrongful nature; or b. Intentional disregard of, or deliberate, knowing, willful or dishonest noncompliance with any environmental law or any other statute, ordinance, regulation, order, judgment, decree, notice of violation, instruction, or directive issued by or on behalf of any governmental body. However, this exclusion does not apply to: c. An insured who did not commit, participate in or have knowledge of the conduct described in Paragraphs a. or b. above; d. An insured’s good faith reliance upon the written advice of qualified outside counsel received prior to such non-compliance; or e. An insured’s good faith efforts to respond to a pollution event that results in emergency costs. 10. Nuclear Material Based upon or arising out of the radioactive, toxic or explosive properties of nuclear material but only if the insured is: a.Required to maintain financial protection pursuant to the Atomic Energy Act of 1954; b.Entitled to indemnity from the United States of America or any agency thereof; or c.An insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of limits. 11. Prior Known Pollution Event Based upon or arising out of a pollution event known by or reported to a responsible insured prior to (i) the effective date of the policy period or prior to the effective date of the first policy issued to you by us if this policy is a continuous, uninterrupted renewal thereof affording substantially the same coverage or (ii) the effective date of an Endorsement to this policy adding a covered location. Any continuation, change, or resumption of such pollution event will be deemed to have been known by or reported to a responsible insured prior to the policy period. This exclusion does not apply if: a. The pollution event known by or reported to a responsible insured did not meet applicable reporting threshold requirements under environmental law. However, this paragraph a. does not apply in the absence of any applicable reporting requirements under environmental law; b. A No Further Action (NFA) or equivalent decision has been documented in writing in accordance with environmental law with respect to the pollution event giving rise to bodily injury, property damage, or environmental damage; or c.The pollution event giving rise to the bodily injury, property damage or environmental damage is specifically referenced, or identified on a Prior Known Pollution Event Exclusion Amendment Endorsement attached to this policy. 12. Underground Storage Tank Based upon or arising out of an underground storage tank which is known by or reported to a responsible insured prior to (i) the effective date of the policy period or prior to the effective date of the EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 7 of 24 first policy issued to you by us if this policy is a continuous, uninterrupted renewal thereof affording substantially the same coverage, or (ii) the effective date of an Endorsement to this policy adding a covered location. This exclusion does not apply to an underground storage tank that has been: a.Closed, abandoned in place, or removed in accordance with all applicable environmental law; or b.Scheduled to this policy by Endorsement. 13. Upgrades, Repairs, Maintenance, Improvements, or Installations Based upon or arising out of any costs, charges or expenses for any upgrade or repair to, or maintenance, improvement or installation of, any equipment, control mechanism, or process on, at, within or under a covered location, non-owned location or job-site associated with your work, even if such upgrade, repair, maintenance, improvement or installation is required by environmental law. This exclusion does not apply to coverage provided under the policy for an institutional control or engineering control required by environmental law because of environmental damage caused by a pollution event that commences on or after the effective date of the policy. 14. War Based upon or arising, directly or indirectly, out of: a.War, including undeclared or civil war; b.Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c.Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 15.Workers' Compensation and Similar Law Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. 16. Your Product Based upon or arising out of your product or any part of it after an insured has relinquished physical possession. This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, Coverage A – Location Pollution Liability, 1. Insuring Agreements c. Non-owned Location Pollution Liability, or Coverage B – Miscellaneous Pollution Liability, 1. Insuring Agreements, b. Transportation Pollution Liability. SECTION I – SUPPLEMENTARY PAYMENTS 1.We will pay, with respect to any claim we investigate, defend or settle, or any emergency costs incurred by any insured, the following supplementary payments: a.All expenses we incur that are directly allocated to a particular claim. b.All attorneys’ fees or attorneys’ expenses incurred by the insured in connection with emergency costs. c.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim, including actual loss of earnings up to $500 a day because of time off from work. d.All court costs taxed against the insured in the claim. However, these payments do not include attorneys’ fees or attorneys’ expenses taxed against the insured. e.Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 8 of 24 f.All interest on the full amount of any judgment that accrues after entry of any judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These supplementary payments will not reduce the limits of insurance. However, our right and duty to defend and continue to pay supplementary payments end when we have used up either: (i) the applicable limit of insurance in the payment of judgments or settlements or such limit is tendered into court, or (ii) the Policy Aggregate limit has been used up or tendered into court. 2.If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit, we will defend that indemnitee if all of the following conditions are met: a.The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract; b.This insurance applies to such liability assumed by the insured; c.The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same insured contract; d.The allegations in the suit and the information we know about the pollution event are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e.The indemnitee and the insured ask us to conduct and control the defense of the indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee; and f.The indemnitee: (1)Agrees in writing to: (a)Cooperate with us in the investigation, settlement and/or defense of the suit; (b)Immediately send us copies of any demands, notices, summonses and/or legal papers received in connection with the suit; (c)Notify any other insurer whose coverage is available to the indemnitee; and (d)Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2)Provides us with written authorization to: (a)Obtain records and other information related to the suit; and (b)Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us, and necessary litigation expenses incurred by the indemnitee at our request will be paid as SECTION I – SUPPLEMENTARY PAYMENTS. Notwithstanding the provisions of SECTION I – COMMON EXCLUSIONS, Exclusion 2. Contractual Liability, Paragraph b., such payments will not be deemed to be damages for bodily injury, property damage and environmental damage and will not reduce the limits of insurance. Our obligation to defend an insured’s indemnitee and to pay for attorneys' fees and necessary litigation expenses as SECTION I – SUPPLEMENTARY PAYMENTS end when we have used up either: (i) the applicable limit of insurance in the payment of judgments or settlements or such limit is tendered into court; (ii) the Policy Aggregate limit has been used up or tendered into court; or (iii) the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 9 of 24 SECTION II – WHO IS AN INSURED 1.If you are designated in the Declarations as: a.An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b.A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c.A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e.A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2.Any subsidiary, associated, affiliated, allied, or limited liability company or corporation, including subsidiaries thereof, over which you maintain ownership or majority interest as of the effective date of the policy period will qualify as a Named Insured. 3.Any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However, coverage under this policy does not apply to bodily injury, property damage, or environmental damage that occurred before you acquired or formed the organization. 4.Each of the following is also an insured: a.Your volunteer workers only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture, or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: (1) Bodily injury: (a)To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); or (b)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) above. (2) Property damage or environmental damage to property owned, occupied or used by, rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b.Any person (other than your employee), or any organization while acting as your real estate manager. c.Any person or organization having proper temporary custody of your property if you die, but only with respect to liability arising out of the maintenance or use of that property and until your legal representative has been appointed. d.Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. e.Any person(s) or organization(s) for whom you have agreed in writing in a contract, agreement, or permit executed prior to loss that such person(s) or organization(s) be added as an additional insured EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 10 of 24 on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury, property damage, or environmental damage caused, in whole or in part, by: (1)Your acts or omissions or the acts or omissions of those acting on your behalf in connection with a covered location; (2) Your work; (3)Your ownership, maintenance, operation, or use of a covered location. However, the insurance afforded to such additional insured only applies to the extent permitted by law and will not be broader than that which you are required by the contract, agreement or permit to provide for such additional insured and the most we will pay on behalf of such additional insured is the amount of insurance (i) required by the contract, agreement or permit or (ii) available under the applicable limits of insurance, whichever is less. f.Any person or organization that has a controlling interest in you, but only with respect to their liability for bodily injury, property damage or environmental damage arising out of their financial control of you. SECTION III – LIMITS OF INSURANCE AND DEDUCTIBLE 1.The Limits of Insurance and Deductible shown in the Declarations and the rules below fix the most we will pay and the deductible amount that applies regardless of the number of: a.Insureds; b. Claims made or suits brought; c.Persons or organizations making claims or bringing suits; or d. Pollution events. 2.The Policy Aggregate Limit is the most we will pay for all damages, clean-up costs, emergency costs, crisis management costs, and actual loss of business income and extra expense under all insurance afforded under the policy. 3.Subject to Paragraph 2. above, the Coverage A - Location Pollution Liability Limit is the most we will pay for all damages and clean-up costs under Coverage A - Location Pollution Liability because of all bodily injury, property damage and environmental damage arising out of any one pollution event. Under Coverage A, all damages and clean-up costs, or any combination thereof, arising out of the same, related or continuous pollution event are deemed to arise out of one pollution event. 4.Subject to Paragraph 2. above, the Coverage B - Miscellaneous Pollution Liability Limit is the most we will pay for all damages under Coverage B - Miscellaneous Pollution Liability because of all bodily injury, property damage and environmental damage arising out of any one pollution event. Under Coverage B, all damages arising out of the same, related or continuous pollution event are deemed to arise out of one pollution event. 5.Subject to Paragraph 2. above, the Coverage C – Crisis Management Costs Limit is the most we will pay under Coverage C – Crisis Management Costs for all crisis management costs under this policy. Under Coverage C, all crisis management costs arising out of the same, related or continuous pollution event are deemed to arise out of one pollution event. 6.Subject to Paragraph 2. above, the Coverage D - Business Income and Extra Expense Limit is the most we will pay under Coverage D - Business Income and Extra Expense for the actual loss of business income and extra expense during the period of restoration because of environmental damage arising out of any one pollution event. Under Coverage D, all actual loss of business income and extra expense, or any combination thereof, arising out of the same, related or continuous pollution event are deemed to arise out of one pollution event. 7.The Limits of Insurance apply in excess of the Deductible amounts shown in the Declarations. The deductible amount applies as follows: EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 11 of 24 a.As respects Coverage A - Location Pollution Liability Limit, to all damages, clean-up costs and any payments made under SECTION I – SUPPLEMENTARY PAYMENTS because of bodily injury, property damage or environmental damage arising out of the same, related or continuous pollution event. b.As respects Coverage B - Miscellaneous Pollution Liability Limit, to all damages and any payments made under SECTION I – SUPPLEMENTARY PAYMENTS because of bodily injury, property damage or environmental damage arising out of the same, related or continuous pollution event. c. As respects Coverage C – Crisis Management Costs Limit, to all crisis management costs incurred arising out of the same, related or continuous pollution event. However, if this insurance applies on an excess basis as described in SECTION IV – CONDITIONS, Condition 15. Other Insurance, Paragraph b. Excess Insurance, the Deductible amounts shown in the Declarations will be reduced by any such valid and collectible other insurance. We may pay any part or the entire deductible amount to effect settlement of any claim, damages, clean- up costs, or crisis management costs which may be covered under this policy and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. If the same or related pollution event results in coverage under more than one Coverage Part, only the highest deductible under any one Coverage Part will apply. 8.When we present a settlement offer to the insured that is acceptable to a claimant and within the applicable Limits of Insurance or Deductible, and the insured rejects the proposed settlement of the claim for the amount of the settlement offer, our duty to defend the claim and to continue to pay supplementary payments shall end and the insured shall defend the claim at the insured’s own expense. In that event, our liability shall not exceed the amount of the settlement offer that was rejected by the insured, plus the amount of supplementary payments including the costs of legal defense incurred up to and including the date of such rejection by the insured, less any outstanding Deductible amounts. 9.The Limits of Insurance apply to the entire policy period. If the policy period is extended after policy issuance for an additional period, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. 10.With respect to SECTION I – COVERAGES, Coverage A – Location Pollution Liability, if during the policy period: a.A pollution event is first discovered by the insured and reported to us; or b.A claim is first made against an insured and reported to us; then any additional discovery(ies) of a pollution event(s) made by an insured or any additional claim(s) made against an insured arising from the same, related or continuous pollution event that is reported to us during the policy period of a continuous, uninterrupted renewal of this policy affording substantially the same coverage as this policy, will be: c.Deemed to be one discovery or claim; d.Deemed to have been first discovered and reported, or first made and reported during this policy period on the date the first of such discovery(ies) or claim(s) was made and reported; and e.Subject only to the applicable limit of insurance for this policy stated in the Declarations and no other policy. SECTION IV – CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this policy. EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 12 of 24 2. Business Income and Extra Expense Loss Determination a.The amount of business income loss will be determined based on: (1)The Net Income of the business before the environmental damage occurred; (2)The likely Net Income of the business if no environmental damage had occurred; (3)The operating expenses, including payroll expenses, necessary to resume operations with the same quality of service that existed immediately prior to the environmental damage; and (4)Other relevant sources of information including your financial records and accounting procedures, bills, invoices and other vouchers and deeds, liens or contracts. b.The amount of extra expense will be determined based on all expenses that exceed the normal operating expenses that would have been incurred by operations during the period of restoration if no environmental damage had occurred. We will deduct from the total of such expenses any necessary expenses that reduce the business income loss that otherwise would have been incurred. c.We will reduce the amount of your extra expense loss to the extent you can return operations to normal and discontinue such extra expense. d.If you do not resume operations, or do not resume operations as soon as possible, we will pay based on the length of time it would have taken to resume operations as soon as possible. 3. Cancellation and Non-renewal a.The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b.We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) Ten (10) days before the effective date of cancellation if we cancel for nonpayment of premium; or (2)Ninety (90) days before the effective date of cancellation if we cancel for fraud, or material misrepresentation or concealment. c.We will mail or deliver our notice to the first Named Insured's last mailing address known to us. d.Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e.If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund will be less than pro rata and will be subject to the Minimum Earned Premium stated in the Declarations. The cancellation will be effective even if we have not made or offered a refund. f.If notice is mailed, proof of mailing will be sufficient proof of notice. g.If we decide not to renew, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than ninety (90) days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 5. Choice of Forum In the event that the insured and we have any dispute concerning or relating to this policy, including its formation, coverage provided hereunder, or the meaning, interpretation, or operation of any term, condition, definition, or provision of this policy resulting in litigation, arbitration or other form of dispute EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 13 of 24 resolution, the insured agrees with us that any such litigation, arbitration or other form of dispute resolution shall take place in the appropriate federal or state courts located in New York, New York. 6. Choice of Law In the event that the insured and we have any dispute concerning or relating to this policy, including its formation, coverage provided hereunder, or the meaning, interpretation or operation of any term, condition, definition or provision of this policy resulting in litigation, arbitration or other form of dispute resolution, the insured agrees with us that the laws of the State of New York shall apply without giving effect to any conflicts or choice of law principles. The terms and conditions of this policy shall not be deemed to constitute a contract of adhesion and shall not be construed in favor of or against any party hereto by reason or authorship or otherwise. 7. Currency All reimbursement shall be made in United States currency at the rate of exchange prevailing on the date of judgment if judgment is rendered, the date of settlement if settlement is agreed upon with our written consent, or the date of the payment of damages, clean-up costs, emergency costs, crisis management costs, the actual loss of business income or extra expense, whichever is applicable. 8. Duties in the Event of a Pollution Event, Claim, or Suit a.Without limiting the requirements of any insuring agreement in this policy, you must notify us as soon as practicable of a pollution event that may result in a claim or is reasonably likely to involve this policy. To the extent possible, notice should include: (1)How, when and where the pollution event took place; (2)The names and addresses of any injured persons and witnesses; and (3)The nature and location of any injury or damage arising out of the pollution event. 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 provide us with written notice of the claim or suit as soon as practicable. c.You and any other involved insured must: (1)Immediately send us copies of any demands, notices, summonses and/or legal papers received in connection with the claim or suit; (2)Immediately send us copies of contracts, certificates of insurance, environmental site assessments and any other documents deemed pertinent by us to the claim or suit; (3)Authorize us to obtain records and other information; (4)Cooperate with us in the investigation or settlement of the claim or defense against the suit; and (5)Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d.In the event emergency costs or crisis management costs are incurred, you must provide, in writing, all available information relating to such emergency costs, crisis management costs and the pollution event giving rise thereto to us within thirty (30) days of the discovery of the pollution event by a responsible insured or the date the claim was made against you. e.No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than emergency costs, without our consent. f.When any insured becomes legally obligated to pay clean-up costs to which this insurance applies, the insured must: EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 14 of 24 (1)Submit, for our approval, all proposed work plans prior to submittal to any regulatory agency; (2)Submit, for our approval, all bids and contracts for clean-up costs prior to execution or issuance; and (3)Forward progress submittals regarding clean-up costs at reasonable intervals and always prior to submittal to any regulatory agency that is authorized to review and approve such submittals. We shall have the right, but not the duty, to assume direct control of such clean-up costs. Any clean- up costs incurred by us shall be applied against the applicable Limit of Insurance and is subject to the deductible. g.If we are prohibited under applicable law from investigating, defending or settling any such claim or suit, the insured shall, under our supervision, arrange for such investigation and defense thereof as is reasonably necessary, and subject to our prior authorization, shall effect such settlement thereof. 9. Economic and Trade Sanctions In accordance with laws and regulation of the United States concerning economic and trade sanctions administered and enforced by The Office of Foreign Assets Control (OFAC), this policy is void ab initio solely with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade sanctions. 10. Extended Reporting Period This condition applies only with respect to Coverage A – Location Pollution Liability. a.This condition applies only if: (1)The policy is cancelled or non-renewed for any reason except fraud or non-payment of the premium; or (2)We renew or replace this policy with Coverage A – Location Pollution Liability that provides claims-made and reported coverage for bodily injury, property damage or environmental damage and we advance the Retroactive Date; and (3)You do not purchase coverage to replace the coverage described in Paragraph a. (2) above. b.Automatic Extended Reporting Period You shall be entitled to a ninety (90) day Automatic Extended Reporting Period for no additional premium commencing on the date and at the time the policy period ends to provide written notice to us: (1) Of a claim first made against the insured during the policy period; or (2) Of a claim first made against the insured during the ninety (90) day Automatic Extended Reporting Period, if such claim results from a pollution event first discovered and reported to us, in writing, during the policy period. When the ninety (90) day Automatic Extended Reporting Period applies, a claim reported to us, in writing, during this ninety (90) day period will be deemed to have been made on the last day of the policy period, provided that the claim is otherwise covered by this policy. c.Optional Extended Reporting Period: (1)The first Named Insured shown in Item 1. of the Declarations is entitled to purchase an Optional Extended Reporting Period of up to forty-eight (48) months commencing on the date and at the time the policy period ends to provide written notice to us of a claim first made against the insured during the Optional Extended Reporting Period, if such claim results from a pollution event first discovered and reported to us, in writing, during the policy period. When the Optional Extended Reporting Period applies, a claim reported to us, in writing, during this specified period will be deemed to have been made on the last day of the policy period, provided that the claim is otherwise covered by this policy. EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 15 of 24 (2)The Extended Reporting Period Endorsement will not reinstate or increase the Limits of Insurance or extend the policy period. d.We will issue the Endorsement indicating the Extended Reporting Period Option has been accepted if the first Named Insured shown in Item 1. of the Declarations: (1)Makes a written request for a specified extended reporting period of up to forty-eight (48) months within the thirty (30) days after the end of the policy period; and (2)Promptly pays us the additional premium, which will not exceed 200% of the policy premium, when due. The Extended Reporting Period Endorsement will not take effect unless the additional premium is paid when due. If that premium is paid when due, the Endorsement may not be cancelled. The additional premium will be fully earned when the Endorsement takes effect. If the Optional Extended Reporting Period is purchased, the ninety (90) day Automatic Extended Reporting Period referred to in Paragraph b. above shall form part of, and not be in addition to, the Optional Extended Reporting Period. e.The offer of renewal terms, conditions, or premiums different from those in effect prior to renewal, except for the advancement of a retroactive date as stated in Paragraph a. (2) above, does not constitute non-renewal for the purpose of this paragraph 10. Extended Reporting Period. f.The Extended Reporting Period Endorsement will also amend SECTION IV – CONDITIONS, Condition 15. Other Insurance so the insurance provided will be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, whose policy period begins or continues after the Endorsement takes effect. 11. First Named Insured Duties The first Named Insured shown in Item 1. of the Declarations: a.Is responsible for the payment of Deductible amounts; b.Is responsible for the payment of all premiums; c.Will act on behalf of all other Named Insureds for giving and receiving notice of cancellation or non- renewal; d.Will be the payee for any return premiums that may become payable; e.Will act on behalf of all other Named Insureds for the receipt and acceptance of any endorsement issued to form a part of this policy; and f.Will act on behalf of all other Named Insureds to purchase the Optional Extended Reporting as set forth in Paragraph 10. Extended Reporting Periods. 12. Independent Counsel In the event the insured is entitled by law to select independent counsel to oversee our defense of a claim or suit at our expense, the attorney fees and all other litigation expenses we must pay to that counsel are limited to the rates we actually pay to counsel we retain in the ordinary course of business in the defense of similar claims or suits in the jurisdiction where the claim or suit arose or is being defended. Additionally, we may exercise the right to require that such counsel have certain minimum qualifications with respect to their competency including experience in defending claim(s) or suit(s) similar to the one pending against the insured and to require such counsel to have a specific minimum amount of errors and omissions insurance coverage. With respect to any such counsel, the insured agrees that counsel will timely respond to our request for information regarding the claim or suit. Furthermore, the insured may at any time, by the insured’s written consent, freely and fully waive these rights to select independent counsel. 13. Inspections and Surveys EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 16 of 24 a.We have the right but not the duty to make inspections and surveys at any time, report on the conditions we find and recommend changes. b.We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions are safe, healthful or comply with laws, regulations, codes or standards. This applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 14. Legal Action Against Us No person or organization has a right under this policy: a.To join us as a party or otherwise bring us into a claim or suit asking for damages from an insured; or b.To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 15. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this policy, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, regardless of whether b. below applies, in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization you agreed to insure and such person or organization is an insured under this policy, we will not seek contributions from any such other insurance issued to such person or organization. b. Excess Insurance (1)This insurance is excess over: (a)Any other insurance, whether primary, excess, contingent or on any other basis that covers your liability for bodily injury, property damage or environmental damage arising from a pollution event; (b)Any other insurance, whether primary, excess, contingent or on any other basis available to you covering liability for damages caused by or resulting from a pollution event during transportation; (c)Any other insurance, whether primary, excess, contingent or on any other basis that is Business Income and Extra Expense or similar coverage applicable to a covered location; (d)Any other insurance, whether primary, excess, contingent or on any other basis, available to you covering liability for damages at a covered location, for which you have been added as an additional insured; or (e)Any project specific primary insurance available to you covering liability for damages arising out of your work, for which you are an insured. (2)When this insurance is excess, we will have no duty to defend the insured against any claim if any other insurer has a duty to defend the insured against that claim. If no other insurer defends, we EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 17 of 24 will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3)When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b)The total of all deductible and self-insured amounts under all that other insurance; and (c)The Deductible amounts shown in the Declarations of this policy reduced by actual amounts paid from other insurance in Paragraph (a) above on behalf of the insured to the extent such amounts would have been payments made by us on behalf of the insured under this policy in the absence of the insured’s obligation to pay the Deductible. (4)We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy. c. Method of Sharing If other insurance is also primary, then we will share with all that other insurance by an equal share contribution method. Under this approach each insurer contributes equal amounts, excess of applicable deductible and self-insured amounts under all such insurance, until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. 16. Representations By accepting this policy, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon representations you made to us; and c.We have issued this policy in reliance upon your representations. 17. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or suit is brought. 18. Service of Suit It is hereby understood and agreed that we may be sued upon any cause of action arising under any insurance contract made by us or evidence of insurance issued or delivered by the broker, in the courts for the county(s) where the insurance provides coverage or in the courts of New York, New York where we maintain our home office. It is further agreed that service of process in such suit may be made upon the Superintendent, Commissioner, Director of Insurance or other appropriate person at the state Department of Insurance, Secretary of State or other designee as provided for in specific state laws and/or regulations. When service of process is made upon a statutory designee according to state law, such process should be provided via certified mail to us to the attention of our General Counsel. It is further agreed that in any suit instituted against any insured under this policy or otherwise upon this policy, we will abide by the final decision of such court or of any appellate court in the event of an appeal. 19. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 18 of 24 bring suit or transfer those rights to us and help us enforce them. However, if the insured has waived rights of recovery against any person or organization, in writing, prior to a loss, we waive any right of recovery we may have under this policy against such person or organization. 20. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may be transferred with our prior written consent and we will show our consent by issuance of an Endorsement to the policy, except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. SECTION V – DEFINITIONS 1. Auto means: a.A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b.Any other land vehicle that is subject to a compulsory or financial responsibility law where it is licensed or principally garaged. 2. Bodily injury means physical injury, sickness, disease, building-related illness, mental anguish, shock or emotional distress, sustained by a person, including death resulting from any of these at any time. 3. Business income means: a.Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred (including rental income from tenant occupancy of the covered location). For manufacturing risks, Net Income includes the net sales value of production; and b.Continuing normal operating expenses incurred, including payroll and the amount of charges which are the legal obligation of any tenant(s) but would otherwise be your obligations. 4. Cargo means the goods, products, merchandise, supplies or waste transported by the insured or by a third-party carrier properly licensed to transport such goods, products, merchandise, supplies or waste. 5. Claim means a written demand, notice or assertion of a legal right alleging liability or responsibility on the part of the insured. Claim includes a suit. 6. Clean-up costs mean reasonable costs, charges and expenses, incurred to investigate, remove, dispose of, abate, contain, treat, neutralize, monitor or test contaminated soil, surface water, groundwater or other media but only: a. To the extent required by environmental law; b. With respect to mold matter and Legionella pneumophilia, in the absence of Paragraph a. above, to the extent recommended in writing by an indoor environmental professional that we approve; or c. To the extent incurred by the government or any political subdivision within Definition 7.a. Coverage territory for which you are legally liable. Clean-up costs include emergency costs and restoration costs. Clean-up costs do not include compensation, fees, benefits, overhead charges, or expenses for goods or services of an insured or its parent, subsidiary, or affiliate unless we provide our written approval. 7. Coverage territory means: a.The United States of America (including its territories and possessions), Puerto Rico, Canada and the Gulf of Mexico; or b.All other parts of the world if the injury or damage is caused by or results from a pollution event: EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 19 of 24 (1)On, at, under or migrating from a non-owned location or a covered location located outside of the territory of Paragraph a. above; (2)Arising out of your work occurring outside of the territory of Paragraph a. above; or (3)During transportation occurring outside of the territory of Paragraph a. above; and provided that the insured’s responsibility to pay damages for bodily injury, property damage, environmental damage, clean-up costs or any other amount, injury or damage for which insurance may be afforded under this policy is determined in a suit on the merits in the United States of America (including its territories and possessions), Puerto Rico or Canada. However, we assume no responsibility for furnishing certificates or evidence of insurance or bonds and we will not be liable for any fine or penalty imposed on you for failing to comply with insurance laws. 8. Covered location means the location(s) shown in a Covered Location Schedule Endorsement attached to the policy. 9. Crisis management costs means the following reasonable costs, charges, and expenses incurred to minimize negative publicity and to maintain or restore your reputation and public confidence provided by, or at the direction of a crisis management firm for a period of no more than six (6) months commencing on the day that the pollution event was first discovered by a responsible insured or the claim was first made against the insured: a. Public relations costs; b. Medical costs; c. Funeral costs; d. Psychological counseling costs; e. Travel costs; f. Security costs; or g. Any other costs for services or activities for which we have given our written approval. However, crisis management costs do not include (i) any costs, charges or expenses for the legal defense of a claim or any attorney representation before any governmental body; or (ii) compensation, fees, benefits, overhead charges, or expenses for goods or services of the insured or its parent, subsidiary, or affiliate. 10. Crisis management firm means a qualified crisis management firm for which we have provided our prior written approval to you provided that such firm is hired by you under written contract or agreement to advise you on minimizing negative publicity and maintaining or restoring your reputation and public confidence. 11. Damages means: a. Monetary judgment, award, or settlement of compensatory damages for bodily injury, property damage or environmental damage; b. Monetary judgment, award, or settlement for medical monitoring that results from bodily injury for which you are determined to be liable; c. Where allowable by law: punitive, exemplary, or multiplied damages, and civil fines, penalties, and assessments for bodily injury and property damage; and d. Clean-up costs. 12. Emergency costs mean reasonable costs, charges, and expenses incurred by you to investigate, remove, dispose of, abate, contain, treat, neutralize, monitor or test contaminated soil, surface water, groundwater or other media in response to a pollution event which is an imminent and substantial threat to human health or the environment and for the period of no more than ten (10) business days commencing on the EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 20 of 24 day that the pollution event was first discovered by a responsible insured or the claim made against the insured. 13. Employee includes a leased worker and a temporary worker. 14. Environmental damage means physical damage to land, any mode of transportation, structures on land or water, the atmosphere, any watercourse or body of water including surface water or groundwater, giving rise to clean-up costs. Environmental damage does not include property damage. 15. Environmental law means any federal, state, provincial, municipal, or local laws, including, but not limited to, statutes, rules, ordinances, guidance documents, regulations, and all amendments thereto, including state voluntary cleanup or risk-based corrective action guidance, and governmental, judicial or administrative orders and directives that are applicable to a pollution event. 16. Executive officer means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 17. Extra expense means necessary expenses, other than the expense to repair or replace property or clean- up costs, that would not have been incurred had there been no environmental damage. To the extent it reduces the amount of business income loss, extra expense includes expenses you incur to avoid or minimize the suspension of business and to continue operations: a.At the covered location; or b.At replacement or temporary location(s), including relocation expenses and costs to equip and operate the replacement or temporary location(s). Extra Expense will be reduced by any salvage or other value of property obtained for temporary or other use during the period of restoration that remains after the resumption. 18. Insured contract means: a.A contract for a lease of premises; 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 your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for bodily injury, property damage or environmental 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 that indemnifies an architect, engineer or surveyor for injury or damage arising out of: (1)Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2)Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 19. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 20. Misdelivery means the delivery of any liquid product into a wrong receptacle or to a wrong address or the erroneous delivery of one liquid product for another. EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 21 of 24 21. Mode of transportation means an auto, railcar, rolling stock, train, watercraft or aircraft. Mode of transportation does not include pipelines. 22. Mold matter means mold, mildew and fungi, whether or not such mold matter is living. 23. Natural resource damage means physical injury to or destruction of, as well as the assessment of such injury or destruction, including the resulting loss of value of land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)), any state, local or provincial government, any foreign government, any Native American tribe, or, if such resources are subject to a trust restriction on alienation, any member of a Native American tribe. 24. Non-owned location means: a. Any location described in a Non-Owned Location Schedule Endorsement attached to the policy; or b. In the absence of Paragraph a. above, non-owned location means: (1) Any location located in the United States of America (its territories or possessions) or Canada; and (2) The location is not, and never was, owned by, occupied by, or loaned to any insured or to a purchaser or user of your product; and c. For each location described in Paragraphs a. and b. above, such location must also be either: (1) A location performing operations or services on your behalf other than a location described in paragraph (3) below; (2) A job site location leased, rented, occupied, or borrowed for use by you as a staging area to facilitate your work; or (3) A treatment, storage, or disposal facility utilized by you or on your behalf for waste or recyclable material generated from a covered location or from your work provided that at the time such waste or recyclable materials were legally consigned for delivery or delivered for storage, disposal, processing or treatment at such location: (a) Such location is properly licensed by the appropriate federal, state or local authority to accept and perform storage, disposal, processing or treatment of such waste or recyclable material and is in compliance with environmental law; (b) Such location or any part thereof is not listed or proposed to be listed on the Federal National Priorities List (NPL) or a state-specific superfund site list; (c) Such location is not subject to a consent order, consent decree, or corrective action under environmental law; and (d) Such location is not subject to bankruptcy or financial insolvency and is not owned or operated by a bankrupt or financially insolvent person or entity. 25. Nuclear material means source material, special nuclear material or byproduct material which have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 26. Operations means: a.Your business activities occurring on or at the covered location; and b.The tenantability of the covered location. 27. Period of restoration means the period of time that: a.Begins: (1)Seventy-two (72) hours after the necessary suspension of your operations for business income; or EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 22 of 24 (2)Immediately after the necessary suspension of your operations for extra expense; and b.Ends on the earlier of: (1)When operations resume at the covered location or at a new location; or (2)Sixty (60) days after the insured no longer incurs clean-up costs. The expiration date of this policy will not reduce the period of restoration. 28. Policy period means the period of time stated in Item 3. of the Declarations. However, if the policy is cancelled in accordance with SECTION IV – CONDITIONS, Condition 3. Cancellation and Non-renewal, the policy period ends on the effective date of such cancellation. 29. Pollutants means any solid, liquid, gaseous or thermal irritant, or contaminant, including smoke, soot, vapor, fumes, acids, alkalis, chemicals, hazardous substances, hazardous materials, waste materials, including medical, infectious, and pathological wastes, and low-level radioactive waste and material. Pollutants include electromagnetic fields, mold matter, and Legionella pneumophilia. 30. Pollution event means: a.The discharge, dispersal, release, escape, migration, or seepage of pollutants on, in, into, or upon land, any mode of transportation, structures on land or water, the atmosphere, any watercourse or body of water including surface water or groundwater, provided that such conditions are not naturally present in the environment in the concentration or amounts discovered; b.The presence of mold matter on, at or within buildings or structures; c. Misdelivery; or d. The illicit abandonment of pollutants provided that such abandonment was committed by parties other than an insured and without the knowledge of a responsible insured. 31. Property damage means: a.Physical injury to or destruction of tangible property, including all resulting loss of use and diminished value of that property. All such loss of use and diminished value shall be deemed to occur at the time of the physical injury that caused it; b.Loss of use and diminished value of tangible property that is not physically injured or destroyed. All such loss of use shall be deemed to occur at the time of the pollution event that caused it; or c. Natural resource damage. Property damage does not include environmental damage. For the purpose of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CDROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 32. Responsible insured means: a.Your executive officers, directors, partners or members; b.Your manager of a covered location; c.Your employee responsible for environmental affairs, health and safety affairs, control or compliance or any other employee authorized by you to give or receive notice of a claim. 33. Restoration costs mean reasonable and necessary costs incurred by the insured, to repair, restore or replace damaged real or personal property damaged during work performed in the course of incurring clean-up costs in order to restore the property to the condition it was in prior to being damaged during such work. Restoration costs shall not exceed the lesser of actual cash value of such real or personal property or the cost of repairing, restoring or replacing the damaged property with other property of like EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 23 of 24 kind and quality. An adjustment for depreciation and physical condition shall be made in determining actual cash value. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment, except to the extent such betterments of the damaged property entail the use of materials which are environmentally preferable to those materials which comprised the damaged property. Such environmentally preferable material must be certified as such by an applicable independent certifying body, where such certification is available, or, in the absence of such certification, to be determined in our sole discretion. 34. Suit means a civil proceeding in which damages to which this insurance applies are alleged. Suit includes an arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 35. Suspension means: a.The slowdown or cessation of your business activities; or b.That a part or all of the covered location is rendered untenantable. 36. Temporary worker means a person who is furnished to you to substitute for a permanent worker on leave or to meet seasonal or short-term workload conditions. 37. Transportation means the movement of cargo in a mode of transportation by the insured or a third- party carrier from the time of movement from the point of origin until delivery to the final destination. Transportation includes the movement of cargo into, onto or from a mode of transportation. 38. Underground storage tank means any tank, including any piping and appurtenances connected to the tank, located on or under a covered location, that has at least 10% of its combined volume underground. Underground storage tank does not include: a.Septic tanks, sump pumps, or oil/water separators; b.A tank that is enclosed within a basement or cellar, if the tank is upon or above the surface of the floor; or c.Storm-water or wastewater collection systems. 39. Volunteer worker means a person who is not your employee, and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 40. Your product: a.Means: (1)Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a)You; (b)Others trading under your name; or (c)A person or organization whose business or assets you have acquired; and (2)Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b.Includes: (1)Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and (2)The providing of or failure to provide warnings or instructions. EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 24 of 24 41. Your work means work or operations performed by you or on your behalf scheduled by Endorsement to this policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US Number of Days Notice For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name of Person or Organization The Name of Person or Organization is any person or organization holding a certificate of insurance issued for you, provided the certificate: 1.Refers to this policy; 2.States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3.Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4.Is on file at your agent or broker's office for this policy. Mailing Address The Mailing Address is the address shown for that person or organization in that certificate of insurance. IL 70 45 05 07 30 Policy #: Effective Date: Insured Name: 21289140002 11/29/2025 Wright Policy #: Effective Date: Insured Name: 21289150002 11/29/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US IL 70 45 05 07 Number of Days Notice 30 For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name Of Person Or Organization Any person or organization holding a certificate of insurance issued for you, provided the certificate: 1.Refers to this Policy; 2.States that notice of: a.Concellation; b.Nonrenewal; or c.Material change reducing or restricting coverage; will be provided to that person or organization; 3.Is in effect at the time of the: a.Concellation; b.Nonrenewal; or c.Material change reducing or restricting coverage; and 4.Is on file at your agent or broker's office for this policy Mailing Address The address shown for that person or organization in that certificate of insurance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS Page 1.Additional Definitions 9 2.Aggregate Limits Per Location 7 3.Aggregate Limits Per Project 7 4.Blanket Contractual Liability – Railroads 3 5.Broadened Bodily Injury Coverage 11 6.Broadened Knowledge Of Occurrence 8 7.Broadened Legal Liability Coverage For Landlord’s Business Personal Property 8 8.Broadened Liability Coverage For Damage To Your Product And Your Work 10 9.Broadened Who Is An Insured 3 10.Co-Employee Bodily Injury Coverage for Managers, Supervisors, Directors or Officers [see provision 9, Broadened Who Is An Insured, paragraph 2.a.(1)] 4 11.Contractual Liability – Personal And Advertising Injury 3 12.Damage To Premises Rented To You – Specific Perils and Increased Limit 7 13.Designated Completed Projects – Amended Limits of Insurance 11 14.Extended Notice Of Cancellation And Nonrenewal 9 15.Incidental Malpractice Liability 7 16.Increased Medical Payments Limit And Reporting Period 7 17.Mobile Equipment Redefined 9 18.Nonowned Watercraft And Nonowned Aircraft (Hired, Rented Or Loaned With Paid Crew)3 19.Product Recall Expense 2 20.Property Damage Liability – Alienated Premises 2 21.Property Damage Liability – Elevators And Sidetrack Agreements 2 22.Property Damage Liability – Property Loaned To The Insured Or Personal Property In The Care, Custody And Control Of The Insured 2 23.Reasonable Force – Bodily Injury or Property Damage 10 24.Supplementary Payments 3 25.Transfer Of Rights (Blanket Waiver Of Subrogation)9 26.Unintentional Failure To Disclose Hazards 8 Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 04 17 Page 1 of 11 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I – COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1. through 6. of this endorsement are excess over any valid and collectible insurance (including any deductible) available to the insured, whether primary, excess or contingent (SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is changed accordingly). Provisions 1.through 6. of this endorsement amend the policy as follows: 1.PROPERTY DAMAGE LIABILITY – ALIENATED PREMISES A.Exclusion j. Damage to Property, paragraph (2)is deleted. B.The following paragraph is also deleted from Exclusion j. Damage to Property: Paragraph (2)of this exclusion does not apply if the premises are “your work” and were never occupied, rented or held for rental by you. 2.PROPERTY DAMAGE LIABILITY – ELEVATORS AND SIDETRACK AGREEMENTS A.Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators. B.Exclusion k. Damage to Your Product does not apply to: 1.The use of elevators; or 2.Liability assumed under a sidetrack agreement. 3.PROPERTY DAMAGE LIABILITY – PROPERTY LOANED TO THE INSURED OR PERSONAL PROPERTY IN THE CARE, CUSTODY AND CONTROL OF THE INSURED A.Exclusion j. Damage to Property,paragraphs (3)and (4)are deleted. B.Coverage under this provision 3.does not apply to "property damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate. 4.PRODUCT RECALL EXPENSE A.Exclusion n. Recall Of Products, Work Or Impaired Property does not apply to “product recall expenses” that you incur for the “covered recall” of “your product”. This exception to the exclusion does not apply to “product recall expenses” resulting from: 1.Failure of any products to accomplish their intended purpose; 2.Breach of warranties of fitness, quality, durability or performance; 3.Loss of customer approval or any cost incurred to regain customer approval; 4.Redistribution or replacement of “your product”, which has been recalled, by like products or substitutes; 5.Caprice or whim of the insured; 6.A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7.Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8.Recall of “your product(s)” that have no known or suspected defect solely because a known or suspected defect in another of “your product(s)” has been found. B.Under SECTION III – LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8. is added: 3.The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of: Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 11 CG 70 49 04 17 a.Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of “bodily injury” and “property damage” included in the “products-completed operations hazard” and b.“Product recall expenses”. 8.Subject to paragraph 5.above [of the CGL Coverage Form], $25,000 is the most we will pay for all “product recall expenses” arising out of the same defect or deficiency. 5.NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT (HIRED, RENTED OR LOANED WITH PAID CREW) Exclusion g. Aircraft, Auto or Watercraft, paragraph (2)is deleted and replaced with the following: [This exclusion does not apply to:] (2)A watercraft you do not own that is: (a)Less than 75 feet long; and (b)Not being used to carry any person or property for a charge; Exclusion g. Aircraft, Auto or Watercraft,paragraph (6) is added as follows: [This exclusion does not apply to:] (6)An aircraft you do not own, provided that: (a)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; (b)The aircraft is rented to you with a trained, paid crew; and (c)The aircraft is not being used to carry any person or property for a charge. 6.BLANKET CONTRACTUAL LIABILITY – RAILROADS Under SECTION V – DEFINITIONS, paragraph c.of “Insured Contract” is deleted and replaced by the following: c.Any easement or license agreement; ’Under SECTION V – DEFINITIONS, paragraph f.(1) of “Insured Contract” is deleted. 7.CONTRACTUAL LIABILITY – PERSONAL AND ADVERTISING INJURY Under SECTION I – COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 8.SUPPLEMENTARY PAYMENTS Under SECTION I – SUPPLEMENTARY PAYMENTS – COVERAGES A AND B, paragraphs 1.b. and 1.d. are deleted and replaced with the following: 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. 9.BROADENED WHO IS AN INSURED SECTION II – WHO IS AN INSURED is deleted and replaced with the following: 1.If you are designated in the Declarations as: a.An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 04 17 Page 3 of 11 b.A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c.A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e.A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2.Each of the following is also an insured: a.Your “volunteer workers” only while performing duties related to the conduct of your business, or your "employees," other than either your "executive officers," (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or “volunteer workers” are insured for: (1)"Bodily injury" or "personal and advertising injury": (a)To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other “volunteer workers” while performing duties related to the conduct of your business; (b)To the spouse, child, parent, brother or sister of that co-"employee" or “volunteer worker” as a consequence of paragraph (1)(a) above; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a)or (b)above; or (d)Arising out of his or her providing or failing to provide professional health care services except as provided in provision 10.of this endorsement. Paragraphs (1)(a), (1)(b) and (1)(c) above do not apply to your “employees” who are: (i)Managers; (ii)Supervisors; (iii)Directors; or (iv)Officers; with respect to “bodily injury” to a co-“employee”. (2)"Property damage" to property: (a)Owned, occupied or used by; (b)Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," “volunteer workers”, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b.Any person (other than your "employee" or “volunteer worker”), or any organization while acting as your real estate manager. c.Any person or organization having proper temporary custody of your property if you die, but only; Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 11 CG 70 49 04 17 (1)With respect to liability arising out of the maintenance or use of that property; and (2)Until your legal representative has been appointed. d.Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e.Your subsidiaries if: (1)They are legally incorporated entities; and (2)You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. f.Any person or organization, including any manager, owner, lessor, mortgagee, assignee or receiver of premises, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises or land leased to you, including common or public areas about such premises or land if so required in the contract. However, no such person or organization is an insured with respect to: (1)Any "occurrence" that takes place after you cease to occupy or lease that premises or land; or (2)Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. g.Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1)"Bodily injury", "property damage", and "personal and advertising injury" arising out of operations performed for the state or municipality; or (2)"Bodily injury" or "property damage" included within the "products-completed operations hazard." h.Any person or organization who is the lessor of equipment leased to you to whom you are obligated under a written contact to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, no such person or organization is an insured with respect to any "occurrence" that takes place after the equipment lease expires. i.Any architect, engineer, or surveyor engaged by you under a written contract but only with respect to liability arising out of your premises or "your work." However, no architect, engineer, or surveyor is an insured with respect to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1)The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2)Supervisory, inspection, or engineering services. This paragraph i. does not apply if a separate Additional Insured endorsement providing liability coverage for architects, engineers, or surveyors engaged by you is attached to the policy. If the written contract, written agreement, or certificate of insurance requires primary and non-contributory coverage, the insurance provided by paragraphs f.through i. above will be primary and non-contributory Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 04 17 Page 5 of 11 relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. 3.Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded until the end of the policy period. b.Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c.Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d.Coverage A does not apply to “product recall expense” arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4.Any person or organization (referred to below as vendor) with whom you agreed under a written contract to provide insurance is an insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to: a."Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b.Any express warranty unauthorized by you; c.Any physical or chemical change in “your product” made intentionally by the vendor; d.Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e.Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of “your products”; f.Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of “your product”; g.“Your products” which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h.“Bodily injury” or “property damage” arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1)The exceptions contained in subparagraphs d. or f.; or (2)Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This paragraph 4. does not apply to any insured person or organization from which you have acquired “your product”, or any ingredient, part, or container, entering into, accompanying or containing “your product”. This paragraph 4. also does not apply if a separate Additional Insured endorsement, providing liability coverage for “bodily injury” or “property damage” arising out of “your product” that is distributed or sold in the regular course of a vendor’s business, is attached to the policy. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 11 CG 70 49 04 17 10.INCIDENTAL MALPRACTICE LIABILITY As respects provision 9., SECTION II – WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your “employee” does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION II – LIMITS OF INSURANCE,provisions 11. through 14. of this endorsement amend the policy as follows: 11.AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. 12.AGGREGATE LIMITS PER LOCATION The General Aggregate Limit applies separately to each of your locations, but only when required by written contract, written agreement or certificate of insurance.As respects this provision 12., your locations are premises you own, rent or use involving the same or connecting lots or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. However, your locations do not include any premises where you, or others acting on your behalf, are performing construction operations. 13.INCREASED MEDICAL PAYMENTS LIMIT A.SECTION III – LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all of the terms of SECTION III – LIMITS OF INSURANCE and is the greater of: 1.$10,000; or 2.The amount shown in the Declarations for Medical Expense Limit. B.This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14.DAMAGE TO PREMISES RENTED TO YOU – SPECIFIC PERILS AND INCREASED LIMIT A.The word fire is changed to "specific perils" where it appears in: 1.The last paragraph of SECTION I – COVERAGE A,paragraph 2. Exclusions; 2.SECTION IV, paragraph 4.b. Excess Insurance. B.The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a "specific peril" or any combination of "specific perils." C.The Damage To Premises Rented To You Limit described in SECTION III – LIMITS OF INSURANCE, paragraph 6.,is replaced by a new limit, which is the greater of: 1.$1,000,000; or 2.The amount shown in the Declarations for Damage To Premises Rented To You Limit. D.This provision 14.does not apply if the Damage To Premises Rented To You Limit of SECTIONI – COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. E.“Specific Perils” means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or “water damage”. “Water damage” means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 15.BROADENED LEGAL LIABILITY COVERAGE FOR LANDLORD’S BUSINESS PERSONAL PROPERTY Under SECTION I – COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2. Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 04 17 Page 7 of 11 Exclusions,j. Damage to Property, the first paragraph following paragraph (6) is deleted and replaced with the following: Paragraphs (1),(3) and (4)of this exclusion do not apply to “property damage” (other than damage by fire) to a landlord’s business personal property that is subject to, or part of, a premises lease or rental agreement with that landlord. The most we will pay for damages under this provision 15. is $10,000. A $250 deductible applies. Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 16. through 18. of this endorsement amend the policy as follows: 16.BROADENED KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced and paragraphs e.and f. are added as follows: a.You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by your “employee(s)” shall not, in itself, constitute knowledge to you unless one of your partners, members, “executive officers”, directors, or managers has knowledge of the "occurrence" or offense. To the extent possible, notice should include: (1)How, when and where the "occurrence" or offense took place; (2)The names and addresses of any injured persons and witnesses; and (3)The nature and location of any injury or damage arising out of the "occurrence" or offense. e.If you report an “occurrence” to your workers compensation carrier that develops into a liability claim for which coverage is provided by this Coverage Form, failure to report such an “occurrence” to us at the time of the “occurrence” shall not be deemed a violation of paragraphs a., b., and c.above. However, you shall give written notice of this “occurrence” to us as soon you become aware that this “occurrence” may be a liability claim rather than a workers compensation claim. f.You must see to it that the following are done in the event of an actual or anticipated “covered recall” that may result in “product recall expense”: (1)Give us prompt notice of any discovery or notification that “your product” must be withdrawn or recalled. Include a description of “your product” and the reason for the withdrawal or recall; (2)Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 17.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6.Representations By accepting this policy, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon representations you made to us; c.We have issued this policy in reliance upon your representations; and d.This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by this Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 11 CG 70 49 04 17 18.TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8.If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 19.EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2.b.of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b.60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following: 9.When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 20.MOBILE EQUIPMENT REDEFINED Under SECTION V – DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1)does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. 21.ADDITIONAL DEFINITIONS 1.SECTION V – DEFINITIONS, paragraph 4. “Coverage territory” is replaced by the following definition: “Coverage territory” means anywhere in the world with respect to liability arising out of “bodily injury,” “property damage,” or “personal and advertising injury,” including “personal and advertising injury” offenses that take place through the Internet or similar electronic means of communication provided the insured’s responsibility to pay damages is determined in a settlement to which we agree or in a “suit” on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2.SECTION V – DEFINITIONS is amended by the addition of the following definitions: “Covered recall” means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in “your product” has resulted or will result in “bodily injury” or “property damage”. “Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of “your product” for: a.Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b.Stationery, envelopes, production of announcements and postage or facsimiles; c.Remuneration paid to regular employees for necessary overtime or authorized travel expense; d.Temporary hiring by you or by agents designated by you of persons, other than your regular employees, to perform necessary tasks; e.Rental of necessary additional warehouse or storage space; Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 04 17 Page 9 of 11 f.Packaging of or transportation or shipping of defective products to the location you designate; and g.Disposal of “your products” that cannot be reused. Disposal expenses do not include: (1)Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and (2)Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid “bodily injury” or “property damage”. 22.REASONABLE FORCE – BODILY INJURY OR PROPERTY DAMAGE Under SECTION I – COVERAGE A., paragraph 2. Exclusions, subparagraph a. Expected Or Intended Injury is deleted and replaced with the following: [This insurance does not apply to:] a.Expected Or Intended Injury “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. 23.BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A.Under SECTION I – COVERAGE A., paragraph 2. Exclusions,exclusion k. Damage to Your Product and exclusion l. Damage to Your Work are deleted and replaced with the following: [This insurance does not apply to:] k.Damage to Your Product “Property damage” to “your product” arising out of it or any part of it, except when caused by or resulting from: (1)Fire; (2)Smoke: (3)“Collapse”; or (4)Explosion. For purposes of exclusion k. above, “collapse” means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. 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; (c)“Collapse”; or (d)Explosion. For purposes of exclusion l. above, “collapse” means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. B.The following paragraph is added to SECTION III – LIMITS OF INSURANCE: Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 11 CG 70 49 04 17 Subject to 5. above [of the CGL Coverage Form], $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one “occurrence” because of “property damage” to “your product” and “your work” that is caused by fire, smoke, collapse or explosion and is included within the “product-completed operations hazard”. This sublimit does not apply to “property damage” to “your work” if the damaged work, or the work out of which the damage arises, was performed on your behalf by a subcontractor. 24.BROADENED BODILY INJURY COVERAGE Under SECTION V – DEFINITIONS, the definition of “bodily injury” is deleted and replaced with the following: 3."Bodily injury" a.Means physical: (1)Injury; (2)Disability; (3)Sickness; or (4)Disease; sustained by a person, including death resulting from any of these at any time. b.Includes mental: (5)Anguish; (6)Injury; (7)Humiliation; (8)Fright; or (9)Shock; directly resulting from any "bodily injury" described in paragraph 3.a. c.All "bodily injury" described in paragraph 3.b. shall be deemed to have occurred at the time the "bodily injury" described in paragraph 3.a. occurred. 25.DESIGNATED COMPLETED PROJECTS – AMENDED LIMITS OF INSURANCE When a written contract or written agreement between you and another party requires project-specific limits of insurance exceeding the limits of this policy; A.for “bodily injury” or “property damage” that occurs within any policy period for which we provided coverage; and B.for “your work” performed within the “products-completed operation hazard”; and C.for which we previously issued Amendment Of Limits Of Insurance (Designated Project Or Premises) CG 71 94 either during this policy term or a prior policy term; and D.that designated project is now complete; the limits of insurance shown in the CG 71 94 schedule will replace the limits of insurance of this policy for the designated project and will continue to apply for the amount of time the written contract or written agreement requires, subject to the state statute of repose for the project location. These limits are inclusive of and not in addition to the replaced limits. Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 04 17 Page 11 of 11 Policy Number Agency Number Policy Effective Date Policy Expiration Date Date Account Number Named Insured Agency Issuing Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR’S BLANKET FLEX ADDITIONAL INSURED ENDORSEMENT – FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. 1. 2. a. b. 1. 2. SECTION II - WHO IS AN INSURED is amended to add as an additional insured: Any person or organization with whom you have agreed in a “written agreement”that such person or organization be added as an additional insured on this policy,and any other person or organization you are required to add as an additional insured under such “written agreement”. If “your work”began under a written letter of intent or written work order,any person or organization who issued the written letter of intent or written work order, but: such coverage will apply only for 30 calendar days following the date the written letter of intent or written work order was issued; and the person or organization is an additional insured only for, and to the extent of, liability arising out of “bodily injury”, “property damage”, or “personal and advertising injury” caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the written letter of intent or written work order. This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. For the purposes of the coverage provided by this endorsement, a “written agreement” means a written contract or written agreement that: requires you to include a person or organization as an additional insured for a period of time during the policy period; and is executed prior to the occurrence of “bodily injury”, “property damage”, or “personal and advertising injury” that forms the basis for a claim under this policy. The insurance provided by this endorsement does not apply to any person or organization that is specifically listed as an additional insured on another endorsement attached to this policy. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 1 of 3 21289140002 11/29/2025 11/29/202507/01/2026 Wright Construction Co.,Inc.Amerisure Partners Insurance The coverage provided to any person or organization added as an additional insured pursuant to Paragraph A.1 is limited as follows: If the “written agreement”specifically and exclusively requires you to name the person or organization as an additional insured using the ISO CG 20 10 endorsement with edition dates of 11 85 or 10 01,or the ISO CG 20 37 10 01 endorsement,that person or organization is an additional insured,but only with respect to liability for “bodily injury”,“property damage”,or “personal and advertising injury” arising out of “your work” for that insured by or for you. If the “written agreement”requires you to name the person or organization as an additional insured using the ISO CG 20 10 and or CG 20 37 endorsements without specifically and exclusively requiring the 11 85 or 10 01 edition dates,that person or organization is an additional insured,but only with respect to liability for “bodily injury”,“property damage”,or “personal and advertising injury”caused,in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. If the “written agreement”requires you to name the person or organization as an additional insured for operations arising out of your work and does not specify an ISO additional insured endorsement,that person or organization is an additional insured,but only with respect to liability for “bodily injury”,“property damage”,or “personal and advertising injury”arising out of your acts or omissions,or the acts or omissions of others working on your behalf,in the performance of your work as specified in the “written agreement”.This coverage does not apply to liability arising out of the sole negligence of the additional insured unless specifically required in the “written agreement”. If none of the above paragraphs apply,then the person or organization is an additional insured only for,and to the extent of,liability arising out of “bodily injury”,“property damage”,or “personal and advertising injury”caused,in whole or in part,by your negligent acts or omissions,or the negligent acts or omissions of others working on your behalf,in the performance of your work as specified in the “written agreement”.This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. However, the insurance afforded to such additional insured only applies to the extent permitted by law. The insurance provided to an additional insured under this endorsement does not apply to: “Bodily injury”or “property damage”included in the “products-completed operations hazard” unless the “written agreement”specifically requires such coverage (including by specifically requiring the CG 20 10 11 85).To the extent the “written agreement”requires such coverage for a specified amount of time,the coverage provided by this endorsement is limited to the amount of time required for such coverage by the “written agreement”. “Bodily injury”,“property damage”,or “personal and advertising injury”arising out of an architect’s, engineer’s,or surveyor’s rendering of,or failure to render,any professional services,including but not limited to: The preparing, approving, or failing to prepare or approve: Maps; Drawings; Opinions; Reports; Surveys; Change orders; B. 1. 2. 3. 4. C. 1. 2. a. (1) (2) (3) (4) (5) (6) CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 2 of 3 Design specifications; and Supervisory, inspection, or engineering services. The limits of insurance that apply to the additional insured are the least of those specified in the “written agreement” or declarations of this policy. Coverage provided by this endorsement for any additional insured shall not increase the applicable Limits of Insurance shown in the Declarations.The limits of insurance that apply to the additional insured are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. With respect to the coverage provided by this endorsement,SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS,Paragraph 4. Other Insurance is deleted and replaced with the following: 4.Other Insurance. a.Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: Primary; Excess; Contingent; or On any other basis. In addition,this insurance is excess over any self-insured retentions,deductibles,or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However,if the “written agreement”requires primary and non-contributory coverage,this insurance will be primary and non-contributory relative only to the other insurance available to the additional insured which covers that person or organization as a Named Insured,and we will not share with that other insurance.For any other insurance available to the additional insured where that person or organization is not a Named Insured,this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares,we will follow this method also. Under this method,each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares,we will contribute by limits.Under this method,each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. (7) b. D. E. (1) (2) (3) (4) CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc. CA 71 18 11 09 Page 1 of 5 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is $ 1.BROAD FORM INSURED SECTION II -LIABILITY COVERAGE,A.1.Who Is An Insured is amended by the addition of the following: d.Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company,and over which you maintain ownership or a majority interest,will qualify as a Named Insured. However, (1)Coverage under this provision is afforded only until the end of the policy period; (2)Coverage does not apply to “accidents”or “loss”that occurred before you acquired or formed the organization;and (3)Coverage does not apply to an organization that is an “insured”under any other policy or would be an “insured”but for its termination or the exhausting of its limit of insurance. e.Any “employee”of yours using: (1)A covered “auto”you do not own,hire or borrow,or a covered “auto”not owned by the “employee”or a member of his or her household,while performing duties related to the conduct of your business or your personal affairs;or (2)An “auto”hired or rented under a contract or agreement in that “employee’s”name,with your permission,while performing duties related to the conduct of your business.However,your “employee”does not qualify as an insured under this paragraph (2)while using a covered “auto” rented from you or from any member of the “employee’s”household. f.Your members,if you are a limited liability company,while using a covered “auto”you do not own,hire or borrow and while performing duties related to the conduct of your business or your personal affairs. g.Any person or organization with whom you agree in a written contract,written agreement or permit,to provide insurance such as is afforded under this policy,but only with respect to your covered “autos”. This provision does not apply: (1)Unless the written contract or agreement is executed or the permit is issued prior to the “bodily injury” or “property damage”; (2)To any person or organization included as an insured by an endorsement or in the Declarations;or (3)To any lessor of “autos”unless: (a)The lease agreement requires you to provide direct primary insurance for the lessor; (b)The “auto”is leased without a driver;and Includes copyrighted material of Insurance Services Office,Inc. Page 2 of 5 CA 71 18 11 09 (c)The lease had not expired. Leased “autos”covered under this provision will be considered covered “autos”you own and not covered “autos”you hire. h.Any legally incorporated organization or subsidiary in which you own more than 50%of the voting stock on the effective date of this endorsement. This provision does not apply to “bodily injury”or “property damage”for which an “insured”is also an insured under any other automobile policy or would be an insured under such a policy,but for its termination or the exhaustion of its limits of insurance,unless such policy was written to apply specifically in excess of this policy. 2.COVERAGE EXTENSIONS -SUPPLEMENTARY PAYMENTS Under Section II -LIABILITY COVERAGE,A.2.a.Supplementary Payments,paragraphs (2)and (4)are deleted and replaced as follows: (2)Up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations)required because of an “accident”we cover.We do not have to furnish these bonds. (4)All reasonable expenses incurred by the “insured”at our request,including actual loss of earnings up to $500 a day because of time off from work. 3.AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION II -LIABILITY COVERAGE,B.EXCLUSIONS,paragraph 5.Fellow Employee is deleted and replaced by the following: 5.Fellow Employee “Bodily injury”to: a.Any fellow “employee”of the “insured”arising out of and in the course of the fellow “employee’s” employment or while performing duties related to the conduct of your business.However,this exclusion does not apply to your “employees”that are officers,managers,supervisors or above. Coverage is excess over any other collectible insurance. b.The spouse,child,parent,brother or sister of that fellow “employee”as a consequence of paragraph a.above. 4.HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A.Under SECTION III -PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following is added: If any of your owned covered “autos”are covered for Physical Damage,we will provide Physical Damage coverage to “autos”that you or your “employees”hire or borrow,under your name or the “employee’s” name,for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered “auto”shown in the Declarations,Item Three,Schedule of Covered Autos You Own,or on any endorsements amending this schedule. B.Under SECTION III -PHYSICAL DAMAGE COVERAGE,A.4.Coverage Extensions.paragraph b.Loss Of Use Expenses is deleted and replaced with the following: b.Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an “insured”becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver,under a written rental contract or agreement.We will pay for loss of use expenses if caused by: (1)Other than collision,only if the Declarations indicate that Comprehensive Coverage is provided for any covered “auto”; Includes copyrighted material of Insurance Services Office,Inc. CA 71 18 11 09 Page 3 of 5 (2)Specified Causes of Loss,only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered “auto”;or (3)Collision,only if the Declarations indicate that Collision Coverage is provided for any covered “auto”. However,the most we will pay for any expenses for loss of use is $30 per day,to a maximum of $2,000. C.Under SECTION IV –BUSINESS AUTO CONDITIONS,B.General Conditions,5.Other Insurance, paragraph b.is replaced by the following: b.For Hired Auto Physical Damage,the following are deemed to be covered “autos”you own: 1.Any covered “auto”you lease,hire,rent or borrow;and 2.Any covered “auto”hired or rented by your “employees”under a contract in that individual “employee’s”name,with your permission,while performing duties related to the conduct of your business. However,any “auto”that is leased,hired,rented or borrowed with a driver is not a covered “auto”,nor is any “auto”you hire from any of your “employees”,partners (if you are a partnership),members (if you are a limited liability company),or members of their households. 5.LOAN OR LEASE GAP COVERAGE Under SECTION III –PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following is added: If a covered “auto”is owned or leased and if we provide Physical Damage Coverage on it,we will pay,in the event of a covered total “loss”,any unpaid amount due on the lease or loan for a covered “auto”,less: (a)The amount paid under the Physical Damage Section of the policy;and: (b)Any: (1)Overdue lease or loan payments including penalties,interest or other charges resulting from overdue payments at the time of the “loss”; (2)Financial penalties imposed under a lease for excessive use,abnormal wear and tear or high mileage; (3)Costs for extended warranties,Credit Life Insurance,Health,Accident or Disability Insurance purchased with the loan or lease; (4)Security deposits not refunded by a lessor;and (5)Carry-over balances from previous loans or leases. 6.RENTAL REIMBURSEMENT Under SECTION III -PHYSICAL DAMAGE COVERAGE,A.4.Coverage Extensions,paragraph a. Transportation Expenses is deleted and replaced by the following: a.Transportation Expenses (1)We will pay up to $75 per day to a maximum of $2,000 for transportation expense incurred by you because of covered “loss”.We will pay only for those covered “autos”for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage.We will pay for transportation expenses incurred during the period beginning 24 hours after the covered “loss” and ending,regardless of the policy's expiration,when the covered “auto”is returned to use or we pay for its “loss”.This coverage is in addition to the otherwise applicable coverage you have on a covered “auto”.No deductibles apply to this coverage. Includes copyrighted material of Insurance Services Office,Inc. Page 4 of 5 CA 71 18 11 09 (2)This coverage does not apply while there is a spare or reserve “auto”available to you for your operation. 7.AIRBAG COVERAGE Under SECTION III -PHYSICAL DAMAGE,B.EXCLUSIONS,paragraph 3.is deleted and replaced by the following: 3.We will not pay for “loss”caused by or resulting from any of the following unless caused by other “loss” that is covered by this insurance: (1)Wear and tear,freezing,mechanical or electrical breakdown.However,this exclusion does not include the discharge of an airbag. (2)Blowouts,punctures or other road damage to tires. 8.GLASS REPAIR –WAIVER OF DEDUCTIBLE Section III –PHYSICAL DAMAGE COVERAGE,D.Deductible is amended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 9.COLLISION COVERAGE –WAIVER OF DEDUCTIBLE Under Section III -PHYSICAL DAMAGE COVERAGE,D.Deductible is amended to add the following: When there is a loss to your covered “auto”insured for Collision Coverage,no deductible will apply if the loss was caused by a collision with another “auto”insured by us. 10.KNOWLEDGE OF ACCIDENT Under SECTION IV -BUSINESS AUTO CONDITIONS,A.Loss Conditions,2.Duties In The Event Of Accident,Claim,Suit Or Loss,paragraph a.is deleted and replaced by the following: a.You must see to it that we are notified as soon as practicable of an “accident”,claim,“suit”or “loss”. Knowledge of an “accident”,claim,“suit”or “loss”by your “employees”shall not,in itself,constitute knowledge to you unless one of your partners,executive officers,directors,managers,or members (if you are a limited liability company)has knowledge of the “accident”,claim,“suit”or “loss”.Notice should include: (1)How,when and where the “accident”or “loss”occurred; (2)The “insured’s”name and address;and (3)To the extent possible,the names and addresses of any injured persons and witnesses. 11.TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Under SECTION IV -BUSINESS AUTO CONDITIONS,A.Loss Conditions paragraph 5.Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5.Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another,those rights are transferred to us.That person or organization must do everything necessary to secure our rights and must do nothing after “accident”or “loss”to impair them. However,if the “insured”has waived rights to recover through a written contract,or if your work was commenced under a letter of intent or work order,subject to a subsequent reduction in writing with customers whose customary contracts require a waiver,we waive any right of recovery we may have under this Coverage Form. Includes copyrighted material of Insurance Services Office,Inc. CA 71 18 11 09 Page 5 of 5 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS , B. General Conditions , paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 13. BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS When required by written contract or written agreement, the definition of “insured contract” is amended as follows: — The exception contained in paragraph H.3. relating to construction or demolition operations on or within 50 feet of a railroad; and — Paragraph H.a. are deleted with respect to the use of a covered "auto" in operations for, or affecting, a railroad. 21289150002 11/29/202521289150002 11/29/2025 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 06-2014) 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 WC 42 03 04 B (Ed. 06-2014) © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Texas Waiver of Our Right to Recover From Others Endorsement This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1.() Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: 3.Premium: The premium charge for this endorsement shall be 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: 2128916000111/29/2025 Amerisure Partners Insurance Company 11/29/2025 21289160001 Wright Construction Co.,Inc. Amerisure Partners THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY WRITTEN AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM With respect to any additional insured coverage provided under this policy, or by any endorsement to this policy,SECTION IV – CONDITIONS, paragraph 5. Other Insurance is deleted and replaced by the following: 5.Other Insurance Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: Primary; Excess; Contingent; or On any other basis. In addition, this insurance is excess over any self-insured retentions, deductibles, or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However, if a “written agreement” requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative only to the other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. For any other insurance available to the additional insured where that person or organization is not a Named Insured, this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this method, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. For the purposes of the coverage provided by this endorsement, a “written agreement” means a written contract or written agreement that: requires you to include a person or organization as an additional insured for a period of time during the policy period; and is executed prior to the occurrence of “bodily injury”, “property damage”, or “personal and advertising injury” that forms the basis for a claim under this policy. a. (1) (2) (3) (4) 1. 2. CU 74 67 03 23 Includes copyrighted material of the Insurance Services Offices, Inc with its permission Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) POLICY NUMBER:COMMERCIAL LIABILITY UMBRELLA CU 24 03 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CU 24 03 12 20 © Insurance Services Office, Inc., 2020 Page 1 of 1 This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 9. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. BLANKET EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 1 of 24 PRIME PREMIER POLLUTION LIABILITY (Protecting Real Estate, Manufacturers and Industry from Environmental Risk) COVERAGE FORM TABLE OF CONTENTS PAGE SECTION I – COVERAGES ……………………………………………………………………………………… 2 Coverage A – Location Pollution Liability ……………………......................................................... 2 Coverage B – Miscellaneous Pollution Liability …………………………......................................... 3 Coverage C – Crisis Management Costs ........................................................………………………. 4 Coverage D – Business Income and Extra Expense ………........................................................... 4 SECTION I – COMMON EXCLUSIONS ........................................................................................... 4 SECTION I – SUPPLEMENTARY PAYMENTS ................................................................................ 8 SECTION II – WHO IS AN INSURED .............................................................................................. 9 SECTION III – LIMITS OF INSURANCE AND DEDUCTIBLE .......................................................... 10 SECTION IV – CONDITIONS ……….…............................................................................................ 11 SECTION V – DEFINITIONS ………................................................................................................. 18 EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 2 of 24 PRIME PREMIER POLLUTION LIABILITY COVERAGE FORM COVERAGE IS IN EFFECT ONLY IF AN APPLICABLE LIMIT IS SHOWN IN ITEM 4. OF THE DECLARATIONS. Various provisions in this policy restrict coverage. Please read the entire policy carefully to determine rights, duties and what is and is not covered. SECTION I – COVERAGES, Coverage A – Location Pollution Liability of this policy provides claims-made and reported coverage. Throughout this policy, the words “you” and “your” refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words “we”, “us” and “our” refer to the Company providing this insurance. The word “insured” means any person or organization qualifying as such under SECTION II – WHO IS AN INSURED. Defined terms, other than headings, appear in bold face type. Refer to SECTION V - DEFINITIONS. In consideration of the payment of the premium, and in reliance upon the Application for insurance and written underwriting information submitted to us, we agree to provide the following coverage: SECTION I – COVERAGES Coverage A – Location Pollution Liability 1. Insuring Agreements a. Covered Location Third Party Liability We will pay damages that an insured is legally obligated to pay because of bodily injury, property damage or environmental damage resulting from a pollution event on, at, under or migrating from a covered location, provided that the pollution event results in a claim first made against the insured during the policy period, and reported to us in writing during the policy period, within thirty (30) days after the end of the policy period, or during an applicable extended reporting period. b. Covered Location Discovery We will pay clean-up costs that an insured is legally obligated to pay because of environmental damage resulting from a pollution event on, at, under or migrating from a covered location, provided that the pollution event is first discovered by a responsible insured during the policy period, and reported to us in writing during the policy period, within thirty (30) days after the end of the policy period, or during an applicable extended reporting period. c. Non-owned Location Third Party Liability We will pay damages that an insured is legally obligated to pay because of bodily injury, property damage or environmental damage resulting from a pollution event on, at, under or migrating from a non-owned location, provided that the pollution event results in a claim first made against the insured during the policy period, and reported to us in writing during the policy period, within thirty (30) days after the end of the policy period, or during an applicable extended reporting period. d. Defense We will have the right and duty to defend the insured against any claim seeking damages to which this insurance applies. However, we will have no duty to defend the insured against any claim seeking damages to which this insurance does not apply. We may, at our discretion, investigate any pollution event and settle any claim that may result. But: (1)The amount we will pay for damages and any other amounts which may be afforded insurance under Coverage A is limited as described in Section III – LIMITS OF INSURANCE AND DEDUCTIBLE; and EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 3 of 24 (2)Our right and duty to defend and to continue to pay supplementary payments end when we have used up or tendered into court the applicable limit of insurance as described in SECTION I – SUPPLEMENTARY PAYMENTS and SECTION III – LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION I – SUPPLEMENTARY PAYMENTS. Coverage B – Miscellaneous Pollution Liability 1. Insuring Agreements a. Contractors Pollution Liability We will pay damages that an insured is legally obligated to pay because of bodily injury, property damage or environmental damage resulting from a pollution event caused by your work performed by you or on your behalf during the policy period in the coverage territory and the pollution event results in a claim, provided that the bodily injury, property damage or environmental damage occurs during the policy period. b. Transportation Pollution Liability We will pay damages that an insured is legally obligated to pay because of bodily injury, property damage or environmental damage resulting from a pollution event caused by cargo during transportation in the coverage territory before the end of the policy period and the pollution event results in a claim, provided that the bodily injury, property damage or environmental damage occurs during the policy period. c. This insurance applies to bodily injury, property damage or environmental damage only if prior to the policy period, no responsible insured knew that the bodily injury, property damage or environmental damage had occurred, in whole or in part. If any responsible insured knew, prior to the policy period, that the bodily injury, property damage or environmental damage occurred, then any continuation, change or resumption of such bodily injury, property damage or environmental damage during or after the policy period will be deemed to have been known prior to the policy period. However, any continuation, change or resumption of environmental damage that is exacerbated solely and directly by your work performed during the policy period will not be deemed to have been known prior to the policy period. d. Bodily injury, property damage or environmental damage which occurs during the policy period and was not known by any responsible insured to have occurred prior to the policy period, includes any continuation, change, or resumption of that bodily injury, property damage or environmental damage after the end of the policy period. e. All bodily injury, property damage or environmental damage will be deemed to have been known to have occurred at the earliest time when any responsible insured: (1)Reports all, or any part, of the bodily injury, property damage or environmental damage to us or any other insurer; (2)Receives a claim for damages because of the bodily injury, property damage or environmental damage; or (3)Becomes aware by any other means that bodily injury, property damage or environmental damage has occurred or has begun to occur. f. Defense We will have the right and duty to defend the insured against any claim seeking damages to which this insurance applies. However, we will have no duty to defend the insured against any claim seeking damages to which this insurance does not apply. We may, at our discretion, investigate any pollution event and settle any claim that may result. But: EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 4 of 24 (1) The amount we will pay for damages and any other amounts which may be afforded insurance under Coverage B is limited as described in SECTION III - LIMITS OF INSURANCE AND DEDUCTIBLE; and (2) Our right and duty to defend and to continue to pay supplementary payments end when we have used up or tendered into court the applicable limits of insurance as described in SECTION I – SUPPLEMENTARY PAYMENTS and SECTION III - LIMITS OF INSURANCE AND DEDUCTIBLE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION I – SUPPLEMENTARY PAYMENTS. Coverage C – Crisis Management Costs 1. Insuring Agreement We will pay crisis management costs incurred by you in response to a claim or a discovery of a pollution event, provided that: a. You are subject to significant adverse regional or national media attention; b.The claim or discovery of pollution event has resulted in bodily injury, property damage or environmental damage for which we have provided coverage under this policy; and c.The crisis management costs are reported to us in writing within thirty (30) days of the commencement of the discovery of a pollution event by a responsible insured or a claim made against you. Coverage D – Business Income and Extra Expense 1. Insuring Agreement We will pay for the actual loss of business income you sustain and the extra expense you incur due to the necessary suspension of your operations during the period of restoration because of environmental damage resulting from a pollution event on, at or under a covered location, provided that: a. The pollution event has resulted in clean-up costs for which we have provided coverage under Coverage A – Location Pollution Liability, Insuring Agreement 1. a. Covered Location Third Party Liability or 1 b. Covered Location Discovery; and b.You report the suspension of your operations to us in writing during the policy period. SECTION I – COMMON EXCLUSIONS The insurance provided in SECTION I – COVERAGES does not apply to any claim, damages, clean-up costs, emergency costs, crisis management costs, the actual loss of business income, extra expense, and any other amount, cost, expense, injury or damage: 1. Contractual Liability Based upon or arising out of the insured’s assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: a.That the insured would have in the absence of the contract or agreement; or b.Assumed in a contract or agreement that is an insured contract, provided the bodily injury, property damage or environmental damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract, reasonable attorneys’ fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury, property damage or environmental damage, provided: (1)Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same insured contract; and (2)Such attorneys’ fees and litigation expenses are for the defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 5 of 24 2. Damage to Your Property Based upon or arising out of any property damage to any property (i) owned, leased, occupied by, or loaned to an insured including any costs or expenses incurred for repair, replacement, enhancement, restoration, or maintenance of such property for any reason, or (ii) that is personal property in the care, custody or control of an insured. This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, Coverage B – Miscellaneous Pollution Liability, 1. Insuring Agreements a. Contractor’s Pollution Liability for real or personal property owned or leased by or in the care, custody or control of your client. 3. Employer's Liability Bodily injury to: a.An employee of the insured arising out of and in the course of employment by the insured or performing duties related to the conduct of the insured's business; or b.The spouse, child, parent, brother or sister of that employee as a consequence of Paragraph a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. 5. Installed Asbestos and Lead Based upon or arising out of asbestos, asbestos-containing materials, lead or lead-containing materials installed or applied in, on, or to any building or other structure. However, this exclusion does not apply to: a. A claim for bodily injury or property damage; b. Environmental damage that results in clean-up costs for the remediation of any mode of transportation, soil, surface water or groundwater; or c. Environmental damage arising from the inadvertent disturbance of asbestos, asbestos-containing materials, lead, or lead-containing materials that are installed or applied in, on or to any building or other structure. 6. Insured vs. Insured Based upon or arising out of any claim made by any insured against any other person or entity who is also an insured under the policy. However, this exclusion does not apply to: a. Insurance afforded under SECTION I – COVERAGES, Coverage B – Miscellaneous Pollution Liability, 1. Insuring Agreements, a. Contractor’s Pollution Liability to a client of the named insured that the named insured has agreed by written contract executed prior to loss to name as an additional insured on this policy; b. A claim involving a named insured and any other person or entity who is also an insured, in which the underlying action is initiated by a third party who is not an insured, such as an action for contribution or cross-claim; or c. Any claim that arises out of an indemnification given by one insured to another insured as specified in an insured contract. 7. Material Change In Use Based upon or arising out of a change in a covered location’s zoning or use or operational permits, during the policy period, than those applicable to the covered location as of the effective date of the policy or the effective date of an Endorsement to this policy adding a covered location. 8. New Pollution Event at Divested Location EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 6 of 24 Based upon or arising out of a pollution event on, at, under or migrating from a covered location that first commenced on or after the date that the covered location was sold, given away, condemned, or abandoned by the insured. 9. Noncompliance or Dishonest Acts Based upon or arising out of a responsible insured’s: a. Dishonest, fraudulent, criminal, intentional or malicious act, error or omission or those of a knowingly wrongful nature; or b. Intentional disregard of, or deliberate, knowing, willful or dishonest noncompliance with any environmental law or any other statute, ordinance, regulation, order, judgment, decree, notice of violation, instruction, or directive issued by or on behalf of any governmental body. However, this exclusion does not apply to: c. An insured who did not commit, participate in or have knowledge of the conduct described in Paragraphs a. or b. above; d. An insured’s good faith reliance upon the written advice of qualified outside counsel received prior to such non-compliance; or e. An insured’s good faith efforts to respond to a pollution event that results in emergency costs. 10. Nuclear Material Based upon or arising out of the radioactive, toxic or explosive properties of nuclear material but only if the insured is: a.Required to maintain financial protection pursuant to the Atomic Energy Act of 1954; b.Entitled to indemnity from the United States of America or any agency thereof; or c.An insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of limits. 11. Prior Known Pollution Event Based upon or arising out of a pollution event known by or reported to a responsible insured prior to (i) the effective date of the policy period or prior to the effective date of the first policy issued to you by us if this policy is a continuous, uninterrupted renewal thereof affording substantially the same coverage or (ii) the effective date of an Endorsement to this policy adding a covered location. Any continuation, change, or resumption of such pollution event will be deemed to have been known by or reported to a responsible insured prior to the policy period. This exclusion does not apply if: a. The pollution event known by or reported to a responsible insured did not meet applicable reporting threshold requirements under environmental law. However, this paragraph a. does not apply in the absence of any applicable reporting requirements under environmental law; b. A No Further Action (NFA) or equivalent decision has been documented in writing in accordance with environmental law with respect to the pollution event giving rise to bodily injury, property damage, or environmental damage; or c.The pollution event giving rise to the bodily injury, property damage or environmental damage is specifically referenced, or identified on a Prior Known Pollution Event Exclusion Amendment Endorsement attached to this policy. 12. Underground Storage Tank Based upon or arising out of an underground storage tank which is known by or reported to a responsible insured prior to (i) the effective date of the policy period or prior to the effective date of the EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 7 of 24 first policy issued to you by us if this policy is a continuous, uninterrupted renewal thereof affording substantially the same coverage, or (ii) the effective date of an Endorsement to this policy adding a covered location. This exclusion does not apply to an underground storage tank that has been: a.Closed, abandoned in place, or removed in accordance with all applicable environmental law; or b.Scheduled to this policy by Endorsement. 13. Upgrades, Repairs, Maintenance, Improvements, or Installations Based upon or arising out of any costs, charges or expenses for any upgrade or repair to, or maintenance, improvement or installation of, any equipment, control mechanism, or process on, at, within or under a covered location, non-owned location or job-site associated with your work, even if such upgrade, repair, maintenance, improvement or installation is required by environmental law. This exclusion does not apply to coverage provided under the policy for an institutional control or engineering control required by environmental law because of environmental damage caused by a pollution event that commences on or after the effective date of the policy. 14. War Based upon or arising, directly or indirectly, out of: a.War, including undeclared or civil war; b.Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c.Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 15.Workers' Compensation and Similar Law Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. 16. Your Product Based upon or arising out of your product or any part of it after an insured has relinquished physical possession. This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, Coverage A – Location Pollution Liability, 1. Insuring Agreements c. Non-owned Location Pollution Liability, or Coverage B – Miscellaneous Pollution Liability, 1. Insuring Agreements, b. Transportation Pollution Liability. SECTION I – SUPPLEMENTARY PAYMENTS 1.We will pay, with respect to any claim we investigate, defend or settle, or any emergency costs incurred by any insured, the following supplementary payments: a.All expenses we incur that are directly allocated to a particular claim. b.All attorneys’ fees or attorneys’ expenses incurred by the insured in connection with emergency costs. c.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim, including actual loss of earnings up to $500 a day because of time off from work. d.All court costs taxed against the insured in the claim. However, these payments do not include attorneys’ fees or attorneys’ expenses taxed against the insured. e.Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 8 of 24 f.All interest on the full amount of any judgment that accrues after entry of any judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These supplementary payments will not reduce the limits of insurance. However, our right and duty to defend and continue to pay supplementary payments end when we have used up either: (i) the applicable limit of insurance in the payment of judgments or settlements or such limit is tendered into court, or (ii) the Policy Aggregate limit has been used up or tendered into court. 2.If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit, we will defend that indemnitee if all of the following conditions are met: a.The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract; b.This insurance applies to such liability assumed by the insured; c.The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same insured contract; d.The allegations in the suit and the information we know about the pollution event are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e.The indemnitee and the insured ask us to conduct and control the defense of the indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee; and f.The indemnitee: (1)Agrees in writing to: (a)Cooperate with us in the investigation, settlement and/or defense of the suit; (b)Immediately send us copies of any demands, notices, summonses and/or legal papers received in connection with the suit; (c)Notify any other insurer whose coverage is available to the indemnitee; and (d)Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2)Provides us with written authorization to: (a)Obtain records and other information related to the suit; and (b)Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us, and necessary litigation expenses incurred by the indemnitee at our request will be paid as SECTION I – SUPPLEMENTARY PAYMENTS. Notwithstanding the provisions of SECTION I – COMMON EXCLUSIONS, Exclusion 2. Contractual Liability, Paragraph b., such payments will not be deemed to be damages for bodily injury, property damage and environmental damage and will not reduce the limits of insurance. Our obligation to defend an insured’s indemnitee and to pay for attorneys' fees and necessary litigation expenses as SECTION I – SUPPLEMENTARY PAYMENTS end when we have used up either: (i) the applicable limit of insurance in the payment of judgments or settlements or such limit is tendered into court; (ii) the Policy Aggregate limit has been used up or tendered into court; or (iii) the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 9 of 24 SECTION II – WHO IS AN INSURED 1.If you are designated in the Declarations as: a.An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b.A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c.A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e.A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2.Any subsidiary, associated, affiliated, allied, or limited liability company or corporation, including subsidiaries thereof, over which you maintain ownership or majority interest as of the effective date of the policy period will qualify as a Named Insured. 3.Any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However, coverage under this policy does not apply to bodily injury, property damage, or environmental damage that occurred before you acquired or formed the organization. 4.Each of the following is also an insured: a.Your volunteer workers only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture, or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: (1) Bodily injury: (a)To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); or (b)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) above. (2) Property damage or environmental damage to property owned, occupied or used by, rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b.Any person (other than your employee), or any organization while acting as your real estate manager. c.Any person or organization having proper temporary custody of your property if you die, but only with respect to liability arising out of the maintenance or use of that property and until your legal representative has been appointed. d.Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. e.Any person(s) or organization(s) for whom you have agreed in writing in a contract, agreement, or permit executed prior to loss that such person(s) or organization(s) be added as an additional insured EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 10 of 24 on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury, property damage, or environmental damage caused, in whole or in part, by: (1)Your acts or omissions or the acts or omissions of those acting on your behalf in connection with a covered location; (2) Your work; (3)Your ownership, maintenance, operation, or use of a covered location. However, the insurance afforded to such additional insured only applies to the extent permitted by law and will not be broader than that which you are required by the contract, agreement or permit to provide for such additional insured and the most we will pay on behalf of such additional insured is the amount of insurance (i) required by the contract, agreement or permit or (ii) available under the applicable limits of insurance, whichever is less. f.Any person or organization that has a controlling interest in you, but only with respect to their liability for bodily injury, property damage or environmental damage arising out of their financial control of you. SECTION III – LIMITS OF INSURANCE AND DEDUCTIBLE 1.The Limits of Insurance and Deductible shown in the Declarations and the rules below fix the most we will pay and the deductible amount that applies regardless of the number of: a.Insureds; b. Claims made or suits brought; c.Persons or organizations making claims or bringing suits; or d. Pollution events. 2.The Policy Aggregate Limit is the most we will pay for all damages, clean-up costs, emergency costs, crisis management costs, and actual loss of business income and extra expense under all insurance afforded under the policy. 3.Subject to Paragraph 2. above, the Coverage A - Location Pollution Liability Limit is the most we will pay for all damages and clean-up costs under Coverage A - Location Pollution Liability because of all bodily injury, property damage and environmental damage arising out of any one pollution event. Under Coverage A, all damages and clean-up costs, or any combination thereof, arising out of the same, related or continuous pollution event are deemed to arise out of one pollution event. 4.Subject to Paragraph 2. above, the Coverage B - Miscellaneous Pollution Liability Limit is the most we will pay for all damages under Coverage B - Miscellaneous Pollution Liability because of all bodily injury, property damage and environmental damage arising out of any one pollution event. Under Coverage B, all damages arising out of the same, related or continuous pollution event are deemed to arise out of one pollution event. 5.Subject to Paragraph 2. above, the Coverage C – Crisis Management Costs Limit is the most we will pay under Coverage C – Crisis Management Costs for all crisis management costs under this policy. Under Coverage C, all crisis management costs arising out of the same, related or continuous pollution event are deemed to arise out of one pollution event. 6.Subject to Paragraph 2. above, the Coverage D - Business Income and Extra Expense Limit is the most we will pay under Coverage D - Business Income and Extra Expense for the actual loss of business income and extra expense during the period of restoration because of environmental damage arising out of any one pollution event. Under Coverage D, all actual loss of business income and extra expense, or any combination thereof, arising out of the same, related or continuous pollution event are deemed to arise out of one pollution event. 7.The Limits of Insurance apply in excess of the Deductible amounts shown in the Declarations. The deductible amount applies as follows: EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 11 of 24 a.As respects Coverage A - Location Pollution Liability Limit, to all damages, clean-up costs and any payments made under SECTION I – SUPPLEMENTARY PAYMENTS because of bodily injury, property damage or environmental damage arising out of the same, related or continuous pollution event. b.As respects Coverage B - Miscellaneous Pollution Liability Limit, to all damages and any payments made under SECTION I – SUPPLEMENTARY PAYMENTS because of bodily injury, property damage or environmental damage arising out of the same, related or continuous pollution event. c. As respects Coverage C – Crisis Management Costs Limit, to all crisis management costs incurred arising out of the same, related or continuous pollution event. However, if this insurance applies on an excess basis as described in SECTION IV – CONDITIONS, Condition 15. Other Insurance, Paragraph b. Excess Insurance, the Deductible amounts shown in the Declarations will be reduced by any such valid and collectible other insurance. We may pay any part or the entire deductible amount to effect settlement of any claim, damages, clean- up costs, or crisis management costs which may be covered under this policy and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. If the same or related pollution event results in coverage under more than one Coverage Part, only the highest deductible under any one Coverage Part will apply. 8.When we present a settlement offer to the insured that is acceptable to a claimant and within the applicable Limits of Insurance or Deductible, and the insured rejects the proposed settlement of the claim for the amount of the settlement offer, our duty to defend the claim and to continue to pay supplementary payments shall end and the insured shall defend the claim at the insured’s own expense. In that event, our liability shall not exceed the amount of the settlement offer that was rejected by the insured, plus the amount of supplementary payments including the costs of legal defense incurred up to and including the date of such rejection by the insured, less any outstanding Deductible amounts. 9.The Limits of Insurance apply to the entire policy period. If the policy period is extended after policy issuance for an additional period, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. 10.With respect to SECTION I – COVERAGES, Coverage A – Location Pollution Liability, if during the policy period: a.A pollution event is first discovered by the insured and reported to us; or b.A claim is first made against an insured and reported to us; then any additional discovery(ies) of a pollution event(s) made by an insured or any additional claim(s) made against an insured arising from the same, related or continuous pollution event that is reported to us during the policy period of a continuous, uninterrupted renewal of this policy affording substantially the same coverage as this policy, will be: c.Deemed to be one discovery or claim; d.Deemed to have been first discovered and reported, or first made and reported during this policy period on the date the first of such discovery(ies) or claim(s) was made and reported; and e.Subject only to the applicable limit of insurance for this policy stated in the Declarations and no other policy. SECTION IV – CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this policy. EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 12 of 24 2. Business Income and Extra Expense Loss Determination a.The amount of business income loss will be determined based on: (1)The Net Income of the business before the environmental damage occurred; (2)The likely Net Income of the business if no environmental damage had occurred; (3)The operating expenses, including payroll expenses, necessary to resume operations with the same quality of service that existed immediately prior to the environmental damage; and (4)Other relevant sources of information including your financial records and accounting procedures, bills, invoices and other vouchers and deeds, liens or contracts. b.The amount of extra expense will be determined based on all expenses that exceed the normal operating expenses that would have been incurred by operations during the period of restoration if no environmental damage had occurred. We will deduct from the total of such expenses any necessary expenses that reduce the business income loss that otherwise would have been incurred. c.We will reduce the amount of your extra expense loss to the extent you can return operations to normal and discontinue such extra expense. d.If you do not resume operations, or do not resume operations as soon as possible, we will pay based on the length of time it would have taken to resume operations as soon as possible. 3. Cancellation and Non-renewal a.The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b.We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) Ten (10) days before the effective date of cancellation if we cancel for nonpayment of premium; or (2)Ninety (90) days before the effective date of cancellation if we cancel for fraud, or material misrepresentation or concealment. c.We will mail or deliver our notice to the first Named Insured's last mailing address known to us. d.Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e.If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund will be less than pro rata and will be subject to the Minimum Earned Premium stated in the Declarations. The cancellation will be effective even if we have not made or offered a refund. f.If notice is mailed, proof of mailing will be sufficient proof of notice. g.If we decide not to renew, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than ninety (90) days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 5. Choice of Forum In the event that the insured and we have any dispute concerning or relating to this policy, including its formation, coverage provided hereunder, or the meaning, interpretation, or operation of any term, condition, definition, or provision of this policy resulting in litigation, arbitration or other form of dispute EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 13 of 24 resolution, the insured agrees with us that any such litigation, arbitration or other form of dispute resolution shall take place in the appropriate federal or state courts located in New York, New York. 6. Choice of Law In the event that the insured and we have any dispute concerning or relating to this policy, including its formation, coverage provided hereunder, or the meaning, interpretation or operation of any term, condition, definition or provision of this policy resulting in litigation, arbitration or other form of dispute resolution, the insured agrees with us that the laws of the State of New York shall apply without giving effect to any conflicts or choice of law principles. The terms and conditions of this policy shall not be deemed to constitute a contract of adhesion and shall not be construed in favor of or against any party hereto by reason or authorship or otherwise. 7. Currency All reimbursement shall be made in United States currency at the rate of exchange prevailing on the date of judgment if judgment is rendered, the date of settlement if settlement is agreed upon with our written consent, or the date of the payment of damages, clean-up costs, emergency costs, crisis management costs, the actual loss of business income or extra expense, whichever is applicable. 8. Duties in the Event of a Pollution Event, Claim, or Suit a.Without limiting the requirements of any insuring agreement in this policy, you must notify us as soon as practicable of a pollution event that may result in a claim or is reasonably likely to involve this policy. To the extent possible, notice should include: (1)How, when and where the pollution event took place; (2)The names and addresses of any injured persons and witnesses; and (3)The nature and location of any injury or damage arising out of the pollution event. 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 provide us with written notice of the claim or suit as soon as practicable. c.You and any other involved insured must: (1)Immediately send us copies of any demands, notices, summonses and/or legal papers received in connection with the claim or suit; (2)Immediately send us copies of contracts, certificates of insurance, environmental site assessments and any other documents deemed pertinent by us to the claim or suit; (3)Authorize us to obtain records and other information; (4)Cooperate with us in the investigation or settlement of the claim or defense against the suit; and (5)Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d.In the event emergency costs or crisis management costs are incurred, you must provide, in writing, all available information relating to such emergency costs, crisis management costs and the pollution event giving rise thereto to us within thirty (30) days of the discovery of the pollution event by a responsible insured or the date the claim was made against you. e.No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than emergency costs, without our consent. f.When any insured becomes legally obligated to pay clean-up costs to which this insurance applies, the insured must: EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 14 of 24 (1)Submit, for our approval, all proposed work plans prior to submittal to any regulatory agency; (2)Submit, for our approval, all bids and contracts for clean-up costs prior to execution or issuance; and (3)Forward progress submittals regarding clean-up costs at reasonable intervals and always prior to submittal to any regulatory agency that is authorized to review and approve such submittals. We shall have the right, but not the duty, to assume direct control of such clean-up costs. Any clean- up costs incurred by us shall be applied against the applicable Limit of Insurance and is subject to the deductible. g.If we are prohibited under applicable law from investigating, defending or settling any such claim or suit, the insured shall, under our supervision, arrange for such investigation and defense thereof as is reasonably necessary, and subject to our prior authorization, shall effect such settlement thereof. 9. Economic and Trade Sanctions In accordance with laws and regulation of the United States concerning economic and trade sanctions administered and enforced by The Office of Foreign Assets Control (OFAC), this policy is void ab initio solely with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade sanctions. 10. Extended Reporting Period This condition applies only with respect to Coverage A – Location Pollution Liability. a.This condition applies only if: (1)The policy is cancelled or non-renewed for any reason except fraud or non-payment of the premium; or (2)We renew or replace this policy with Coverage A – Location Pollution Liability that provides claims-made and reported coverage for bodily injury, property damage or environmental damage and we advance the Retroactive Date; and (3)You do not purchase coverage to replace the coverage described in Paragraph a. (2) above. b.Automatic Extended Reporting Period You shall be entitled to a ninety (90) day Automatic Extended Reporting Period for no additional premium commencing on the date and at the time the policy period ends to provide written notice to us: (1) Of a claim first made against the insured during the policy period; or (2) Of a claim first made against the insured during the ninety (90) day Automatic Extended Reporting Period, if such claim results from a pollution event first discovered and reported to us, in writing, during the policy period. When the ninety (90) day Automatic Extended Reporting Period applies, a claim reported to us, in writing, during this ninety (90) day period will be deemed to have been made on the last day of the policy period, provided that the claim is otherwise covered by this policy. c.Optional Extended Reporting Period: (1)The first Named Insured shown in Item 1. of the Declarations is entitled to purchase an Optional Extended Reporting Period of up to forty-eight (48) months commencing on the date and at the time the policy period ends to provide written notice to us of a claim first made against the insured during the Optional Extended Reporting Period, if such claim results from a pollution event first discovered and reported to us, in writing, during the policy period. When the Optional Extended Reporting Period applies, a claim reported to us, in writing, during this specified period will be deemed to have been made on the last day of the policy period, provided that the claim is otherwise covered by this policy. EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 15 of 24 (2)The Extended Reporting Period Endorsement will not reinstate or increase the Limits of Insurance or extend the policy period. d.We will issue the Endorsement indicating the Extended Reporting Period Option has been accepted if the first Named Insured shown in Item 1. of the Declarations: (1)Makes a written request for a specified extended reporting period of up to forty-eight (48) months within the thirty (30) days after the end of the policy period; and (2)Promptly pays us the additional premium, which will not exceed 200% of the policy premium, when due. The Extended Reporting Period Endorsement will not take effect unless the additional premium is paid when due. If that premium is paid when due, the Endorsement may not be cancelled. The additional premium will be fully earned when the Endorsement takes effect. If the Optional Extended Reporting Period is purchased, the ninety (90) day Automatic Extended Reporting Period referred to in Paragraph b. above shall form part of, and not be in addition to, the Optional Extended Reporting Period. e.The offer of renewal terms, conditions, or premiums different from those in effect prior to renewal, except for the advancement of a retroactive date as stated in Paragraph a. (2) above, does not constitute non-renewal for the purpose of this paragraph 10. Extended Reporting Period. f.The Extended Reporting Period Endorsement will also amend SECTION IV – CONDITIONS, Condition 15. Other Insurance so the insurance provided will be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, whose policy period begins or continues after the Endorsement takes effect. 11. First Named Insured Duties The first Named Insured shown in Item 1. of the Declarations: a.Is responsible for the payment of Deductible amounts; b.Is responsible for the payment of all premiums; c.Will act on behalf of all other Named Insureds for giving and receiving notice of cancellation or non- renewal; d.Will be the payee for any return premiums that may become payable; e.Will act on behalf of all other Named Insureds for the receipt and acceptance of any endorsement issued to form a part of this policy; and f.Will act on behalf of all other Named Insureds to purchase the Optional Extended Reporting as set forth in Paragraph 10. Extended Reporting Periods. 12. Independent Counsel In the event the insured is entitled by law to select independent counsel to oversee our defense of a claim or suit at our expense, the attorney fees and all other litigation expenses we must pay to that counsel are limited to the rates we actually pay to counsel we retain in the ordinary course of business in the defense of similar claims or suits in the jurisdiction where the claim or suit arose or is being defended. Additionally, we may exercise the right to require that such counsel have certain minimum qualifications with respect to their competency including experience in defending claim(s) or suit(s) similar to the one pending against the insured and to require such counsel to have a specific minimum amount of errors and omissions insurance coverage. With respect to any such counsel, the insured agrees that counsel will timely respond to our request for information regarding the claim or suit. Furthermore, the insured may at any time, by the insured’s written consent, freely and fully waive these rights to select independent counsel. 13. Inspections and Surveys EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 16 of 24 a.We have the right but not the duty to make inspections and surveys at any time, report on the conditions we find and recommend changes. b.We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions are safe, healthful or comply with laws, regulations, codes or standards. This applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 14. Legal Action Against Us No person or organization has a right under this policy: a.To join us as a party or otherwise bring us into a claim or suit asking for damages from an insured; or b.To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 15. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this policy, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, regardless of whether b. below applies, in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization you agreed to insure and such person or organization is an insured under this policy, we will not seek contributions from any such other insurance issued to such person or organization. b. Excess Insurance (1)This insurance is excess over: (a)Any other insurance, whether primary, excess, contingent or on any other basis that covers your liability for bodily injury, property damage or environmental damage arising from a pollution event; (b)Any other insurance, whether primary, excess, contingent or on any other basis available to you covering liability for damages caused by or resulting from a pollution event during transportation; (c)Any other insurance, whether primary, excess, contingent or on any other basis that is Business Income and Extra Expense or similar coverage applicable to a covered location; (d)Any other insurance, whether primary, excess, contingent or on any other basis, available to you covering liability for damages at a covered location, for which you have been added as an additional insured; or (e)Any project specific primary insurance available to you covering liability for damages arising out of your work, for which you are an insured. (2)When this insurance is excess, we will have no duty to defend the insured against any claim if any other insurer has a duty to defend the insured against that claim. If no other insurer defends, we EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 17 of 24 will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3)When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b)The total of all deductible and self-insured amounts under all that other insurance; and (c)The Deductible amounts shown in the Declarations of this policy reduced by actual amounts paid from other insurance in Paragraph (a) above on behalf of the insured to the extent such amounts would have been payments made by us on behalf of the insured under this policy in the absence of the insured’s obligation to pay the Deductible. (4)We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy. c. Method of Sharing If other insurance is also primary, then we will share with all that other insurance by an equal share contribution method. Under this approach each insurer contributes equal amounts, excess of applicable deductible and self-insured amounts under all such insurance, until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. 16. Representations By accepting this policy, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon representations you made to us; and c.We have issued this policy in reliance upon your representations. 17. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or suit is brought. 18. Service of Suit It is hereby understood and agreed that we may be sued upon any cause of action arising under any insurance contract made by us or evidence of insurance issued or delivered by the broker, in the courts for the county(s) where the insurance provides coverage or in the courts of New York, New York where we maintain our home office. It is further agreed that service of process in such suit may be made upon the Superintendent, Commissioner, Director of Insurance or other appropriate person at the state Department of Insurance, Secretary of State or other designee as provided for in specific state laws and/or regulations. When service of process is made upon a statutory designee according to state law, such process should be provided via certified mail to us to the attention of our General Counsel. It is further agreed that in any suit instituted against any insured under this policy or otherwise upon this policy, we will abide by the final decision of such court or of any appellate court in the event of an appeal. 19. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 18 of 24 bring suit or transfer those rights to us and help us enforce them. However, if the insured has waived rights of recovery against any person or organization, in writing, prior to a loss, we waive any right of recovery we may have under this policy against such person or organization. 20. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may be transferred with our prior written consent and we will show our consent by issuance of an Endorsement to the policy, except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. SECTION V – DEFINITIONS 1. Auto means: a.A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b.Any other land vehicle that is subject to a compulsory or financial responsibility law where it is licensed or principally garaged. 2. Bodily injury means physical injury, sickness, disease, building-related illness, mental anguish, shock or emotional distress, sustained by a person, including death resulting from any of these at any time. 3. Business income means: a.Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred (including rental income from tenant occupancy of the covered location). For manufacturing risks, Net Income includes the net sales value of production; and b.Continuing normal operating expenses incurred, including payroll and the amount of charges which are the legal obligation of any tenant(s) but would otherwise be your obligations. 4. Cargo means the goods, products, merchandise, supplies or waste transported by the insured or by a third-party carrier properly licensed to transport such goods, products, merchandise, supplies or waste. 5. Claim means a written demand, notice or assertion of a legal right alleging liability or responsibility on the part of the insured. Claim includes a suit. 6. Clean-up costs mean reasonable costs, charges and expenses, incurred to investigate, remove, dispose of, abate, contain, treat, neutralize, monitor or test contaminated soil, surface water, groundwater or other media but only: a. To the extent required by environmental law; b. With respect to mold matter and Legionella pneumophilia, in the absence of Paragraph a. above, to the extent recommended in writing by an indoor environmental professional that we approve; or c. To the extent incurred by the government or any political subdivision within Definition 7.a. Coverage territory for which you are legally liable. Clean-up costs include emergency costs and restoration costs. Clean-up costs do not include compensation, fees, benefits, overhead charges, or expenses for goods or services of an insured or its parent, subsidiary, or affiliate unless we provide our written approval. 7. Coverage territory means: a.The United States of America (including its territories and possessions), Puerto Rico, Canada and the Gulf of Mexico; or b.All other parts of the world if the injury or damage is caused by or results from a pollution event: EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 19 of 24 (1)On, at, under or migrating from a non-owned location or a covered location located outside of the territory of Paragraph a. above; (2)Arising out of your work occurring outside of the territory of Paragraph a. above; or (3)During transportation occurring outside of the territory of Paragraph a. above; and provided that the insured’s responsibility to pay damages for bodily injury, property damage, environmental damage, clean-up costs or any other amount, injury or damage for which insurance may be afforded under this policy is determined in a suit on the merits in the United States of America (including its territories and possessions), Puerto Rico or Canada. However, we assume no responsibility for furnishing certificates or evidence of insurance or bonds and we will not be liable for any fine or penalty imposed on you for failing to comply with insurance laws. 8. Covered location means the location(s) shown in a Covered Location Schedule Endorsement attached to the policy. 9. Crisis management costs means the following reasonable costs, charges, and expenses incurred to minimize negative publicity and to maintain or restore your reputation and public confidence provided by, or at the direction of a crisis management firm for a period of no more than six (6) months commencing on the day that the pollution event was first discovered by a responsible insured or the claim was first made against the insured: a. Public relations costs; b. Medical costs; c. Funeral costs; d. Psychological counseling costs; e. Travel costs; f. Security costs; or g. Any other costs for services or activities for which we have given our written approval. However, crisis management costs do not include (i) any costs, charges or expenses for the legal defense of a claim or any attorney representation before any governmental body; or (ii) compensation, fees, benefits, overhead charges, or expenses for goods or services of the insured or its parent, subsidiary, or affiliate. 10. Crisis management firm means a qualified crisis management firm for which we have provided our prior written approval to you provided that such firm is hired by you under written contract or agreement to advise you on minimizing negative publicity and maintaining or restoring your reputation and public confidence. 11. Damages means: a. Monetary judgment, award, or settlement of compensatory damages for bodily injury, property damage or environmental damage; b. Monetary judgment, award, or settlement for medical monitoring that results from bodily injury for which you are determined to be liable; c. Where allowable by law: punitive, exemplary, or multiplied damages, and civil fines, penalties, and assessments for bodily injury and property damage; and d. Clean-up costs. 12. Emergency costs mean reasonable costs, charges, and expenses incurred by you to investigate, remove, dispose of, abate, contain, treat, neutralize, monitor or test contaminated soil, surface water, groundwater or other media in response to a pollution event which is an imminent and substantial threat to human health or the environment and for the period of no more than ten (10) business days commencing on the EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 20 of 24 day that the pollution event was first discovered by a responsible insured or the claim made against the insured. 13. Employee includes a leased worker and a temporary worker. 14. Environmental damage means physical damage to land, any mode of transportation, structures on land or water, the atmosphere, any watercourse or body of water including surface water or groundwater, giving rise to clean-up costs. Environmental damage does not include property damage. 15. Environmental law means any federal, state, provincial, municipal, or local laws, including, but not limited to, statutes, rules, ordinances, guidance documents, regulations, and all amendments thereto, including state voluntary cleanup or risk-based corrective action guidance, and governmental, judicial or administrative orders and directives that are applicable to a pollution event. 16. Executive officer means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 17. Extra expense means necessary expenses, other than the expense to repair or replace property or clean- up costs, that would not have been incurred had there been no environmental damage. To the extent it reduces the amount of business income loss, extra expense includes expenses you incur to avoid or minimize the suspension of business and to continue operations: a.At the covered location; or b.At replacement or temporary location(s), including relocation expenses and costs to equip and operate the replacement or temporary location(s). Extra Expense will be reduced by any salvage or other value of property obtained for temporary or other use during the period of restoration that remains after the resumption. 18. Insured contract means: a.A contract for a lease of premises; 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 your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for bodily injury, property damage or environmental 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 that indemnifies an architect, engineer or surveyor for injury or damage arising out of: (1)Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2)Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 19. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 20. Misdelivery means the delivery of any liquid product into a wrong receptacle or to a wrong address or the erroneous delivery of one liquid product for another. EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 21 of 24 21. Mode of transportation means an auto, railcar, rolling stock, train, watercraft or aircraft. Mode of transportation does not include pipelines. 22. Mold matter means mold, mildew and fungi, whether or not such mold matter is living. 23. Natural resource damage means physical injury to or destruction of, as well as the assessment of such injury or destruction, including the resulting loss of value of land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)), any state, local or provincial government, any foreign government, any Native American tribe, or, if such resources are subject to a trust restriction on alienation, any member of a Native American tribe. 24. Non-owned location means: a. Any location described in a Non-Owned Location Schedule Endorsement attached to the policy; or b. In the absence of Paragraph a. above, non-owned location means: (1) Any location located in the United States of America (its territories or possessions) or Canada; and (2) The location is not, and never was, owned by, occupied by, or loaned to any insured or to a purchaser or user of your product; and c. For each location described in Paragraphs a. and b. above, such location must also be either: (1) A location performing operations or services on your behalf other than a location described in paragraph (3) below; (2) A job site location leased, rented, occupied, or borrowed for use by you as a staging area to facilitate your work; or (3) A treatment, storage, or disposal facility utilized by you or on your behalf for waste or recyclable material generated from a covered location or from your work provided that at the time such waste or recyclable materials were legally consigned for delivery or delivered for storage, disposal, processing or treatment at such location: (a) Such location is properly licensed by the appropriate federal, state or local authority to accept and perform storage, disposal, processing or treatment of such waste or recyclable material and is in compliance with environmental law; (b) Such location or any part thereof is not listed or proposed to be listed on the Federal National Priorities List (NPL) or a state-specific superfund site list; (c) Such location is not subject to a consent order, consent decree, or corrective action under environmental law; and (d) Such location is not subject to bankruptcy or financial insolvency and is not owned or operated by a bankrupt or financially insolvent person or entity. 25. Nuclear material means source material, special nuclear material or byproduct material which have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 26. Operations means: a.Your business activities occurring on or at the covered location; and b.The tenantability of the covered location. 27. Period of restoration means the period of time that: a.Begins: (1)Seventy-two (72) hours after the necessary suspension of your operations for business income; or EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 22 of 24 (2)Immediately after the necessary suspension of your operations for extra expense; and b.Ends on the earlier of: (1)When operations resume at the covered location or at a new location; or (2)Sixty (60) days after the insured no longer incurs clean-up costs. The expiration date of this policy will not reduce the period of restoration. 28. Policy period means the period of time stated in Item 3. of the Declarations. However, if the policy is cancelled in accordance with SECTION IV – CONDITIONS, Condition 3. Cancellation and Non-renewal, the policy period ends on the effective date of such cancellation. 29. Pollutants means any solid, liquid, gaseous or thermal irritant, or contaminant, including smoke, soot, vapor, fumes, acids, alkalis, chemicals, hazardous substances, hazardous materials, waste materials, including medical, infectious, and pathological wastes, and low-level radioactive waste and material. Pollutants include electromagnetic fields, mold matter, and Legionella pneumophilia. 30. Pollution event means: a.The discharge, dispersal, release, escape, migration, or seepage of pollutants on, in, into, or upon land, any mode of transportation, structures on land or water, the atmosphere, any watercourse or body of water including surface water or groundwater, provided that such conditions are not naturally present in the environment in the concentration or amounts discovered; b.The presence of mold matter on, at or within buildings or structures; c. Misdelivery; or d. The illicit abandonment of pollutants provided that such abandonment was committed by parties other than an insured and without the knowledge of a responsible insured. 31. Property damage means: a.Physical injury to or destruction of tangible property, including all resulting loss of use and diminished value of that property. All such loss of use and diminished value shall be deemed to occur at the time of the physical injury that caused it; b.Loss of use and diminished value of tangible property that is not physically injured or destroyed. All such loss of use shall be deemed to occur at the time of the pollution event that caused it; or c. Natural resource damage. Property damage does not include environmental damage. For the purpose of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CDROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 32. Responsible insured means: a.Your executive officers, directors, partners or members; b.Your manager of a covered location; c.Your employee responsible for environmental affairs, health and safety affairs, control or compliance or any other employee authorized by you to give or receive notice of a claim. 33. Restoration costs mean reasonable and necessary costs incurred by the insured, to repair, restore or replace damaged real or personal property damaged during work performed in the course of incurring clean-up costs in order to restore the property to the condition it was in prior to being damaged during such work. Restoration costs shall not exceed the lesser of actual cash value of such real or personal property or the cost of repairing, restoring or replacing the damaged property with other property of like EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 23 of 24 kind and quality. An adjustment for depreciation and physical condition shall be made in determining actual cash value. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment, except to the extent such betterments of the damaged property entail the use of materials which are environmentally preferable to those materials which comprised the damaged property. Such environmentally preferable material must be certified as such by an applicable independent certifying body, where such certification is available, or, in the absence of such certification, to be determined in our sole discretion. 34. Suit means a civil proceeding in which damages to which this insurance applies are alleged. Suit includes an arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 35. Suspension means: a.The slowdown or cessation of your business activities; or b.That a part or all of the covered location is rendered untenantable. 36. Temporary worker means a person who is furnished to you to substitute for a permanent worker on leave or to meet seasonal or short-term workload conditions. 37. Transportation means the movement of cargo in a mode of transportation by the insured or a third- party carrier from the time of movement from the point of origin until delivery to the final destination. Transportation includes the movement of cargo into, onto or from a mode of transportation. 38. Underground storage tank means any tank, including any piping and appurtenances connected to the tank, located on or under a covered location, that has at least 10% of its combined volume underground. Underground storage tank does not include: a.Septic tanks, sump pumps, or oil/water separators; b.A tank that is enclosed within a basement or cellar, if the tank is upon or above the surface of the floor; or c.Storm-water or wastewater collection systems. 39. Volunteer worker means a person who is not your employee, and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 40. Your product: a.Means: (1)Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a)You; (b)Others trading under your name; or (c)A person or organization whose business or assets you have acquired; and (2)Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b.Includes: (1)Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and (2)The providing of or failure to provide warnings or instructions. EN PM 00 01 07 23 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 24 of 24 41. Your work means work or operations performed by you or on your behalf scheduled by Endorsement to this policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US Number of Days Notice For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name of Person or Organization The Name of Person or Organization is any person or organization holding a certificate of insurance issued for you, provided the certificate: 1.Refers to this policy; 2.States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3.Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4.Is on file at your agent or broker's office for this policy. Mailing Address The Mailing Address is the address shown for that person or organization in that certificate of insurance. IL 70 45 05 07 30 Policy #: Effective Date: Insured Name: 21289140002 11/29/2025 Wright Policy #: Effective Date: Insured Name: 21289150002 11/29/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US IL 70 45 05 07 Number of Days Notice 30 For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name Of Person Or Organization Any person or organization holding a certificate of insurance issued for you, provided the certificate: 1.Refers to this Policy; 2.States that notice of: a.Concellation; b.Nonrenewal; or c.Material change reducing or restricting coverage; will be provided to that person or organization; 3.Is in effect at the time of the: a.Concellation; b.Nonrenewal; or c.Material change reducing or restricting coverage; and 4.Is on file at your agent or broker's office for this policy Mailing Address The address shown for that person or organization in that certificate of insurance Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 22nd December 25 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 22nd December 25 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 22nd December 25 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 22nd December 25 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 22nd December 25 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 22nd December 25 MERC��ANTS BONDING COMPANYTM POWER OF ATTORNEY KnowAll Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of lowa, and MERCHANTS NATIONAL INDEMNITY COMPANY , an assumed name of Merchants National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Adam Syswerda; Charlie Fletcher; Elise White; Jennifer R Garcia; Kim Bracamonte; Laura Ibarra their true and Iawful Attorney(srin-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the By-Laws adopted by the Board of Directors of the Companies. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the naturethereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undeRaking, recognizance, or other suretyship o obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the mod�cation or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this � 2th day of November � 2025 MERCHANTS BONDING COMPANY (MUTUAL) +, ��pir+� c�,�� . --��tia���''-. .*�µhL��y� MERCHANTS NATIONAL BONDING, INC. -�-�� pgoR �� � • ���'`-���,P�ip�� �p'.; '�"�,'�•���o�;��'.y'. MERCHANTS NATIONAL INDEMNITY COMPANY ,���..�� "��.,�}. ''`'�a.�C �4�+� �" �' � %��� }f �'- � � :e:` -�- �:3; G�'` -¢- ��.�= 'h� � ;ng: ���� f933 `�: ��'- 2a03 :'.C+= •.���' '��.' � '•y+�',,�;- ..;�a�.` 5��;�. .,��� ,r ',`�d�. .���. � :'�.'' .,h��� '�F ��'� # . H�` :;�� '�r F3y STATE OF IOWA COUNTY OF DALLAS ss. On this 12th day of November 2025 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY; and that the seals affxed to the foregoing instrument are the Corporate 5eals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. .r "`{,s�. Penni Miller ? Commission Number 787952 � • My Commission Expires iOWA January20,2027 (Expiration af notary's commission does not invalidate this instrument) r��� Notary Public I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF- ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended orrevoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of . #'iri� c � , ' # . 0 0 ,•��� r u�Nq�'•, � � �a�.� rnr F����4,P4$��#,�}+.` ,:Fy ��y4Pfi�p� �� J =�#*��,StiC},q ���y :. �'�. •�:� '0- p:. . '�:� .o. �',G= •I-' '.�; .�. :3• i,x�� T .z� ;n. :u� 1933 � '�' '�- ��- ��: ; � - �08� : s� ; �',. r� ; -°� . . •'�. •'$ . �"�'�' =�"�` .:;;�*�•�,'' *,#�'�., - w� • .�.� ��,.��� �. � Secretary POA 0018 (5/25) iV�ERCHANTS BONDING COMPANYr� MERCHANTS BONDWG COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, WC. P.O. BOx 14498 � DES MOINES, IOWA 50306-3498 �(800) G78-8171 �(515) 243-3854 FAX IMPORTANT NOTICE Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company. If you don't, you may lose your right to appeal. Merchants Bonding Company (Mutual) To get information or file a complaint with your insurance company: Call: Compliance Officer at 800-678-8171 Tol I-free: 1-800-678-8171 Email: regulatory@merchantsbonding.com Mail: P.O. Box 14498, Des Moines, IA 50306-3498 To get insurance information you may also contact your agent: Adam Syswerda - Box Insurance Agency Call: 817-865-1805 Mail: 1200 S. Main Street, #1600, Grapevine, TX 76051 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov Email: ConsumerProtection@tdi.texas.�ov Mail: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091 SUP 0032 TX (11/193 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: ____________________________________________________________ 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ b. Each Occurrence: : _____________________________________ 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- ______None ______None ______None 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract X 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and X 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No.: 105846 Revised December 20, 2012 SECTION 01 11 00 SUMMARY OF WORK PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No.: 105846 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Lone Star at Liberty Trails Off-Site Water Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No.: 105846 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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, [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813[Insert Project Number] City Project No.: 105813[Insert Project Number] ates Off-Site Water Main City Project No.: 105813 rails Off-Site Water Main City Project No.: 105846 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813[Insert Project Number] City Project No.: 105813[Insert Project Number] ates Off-Site Water Main City Project No.: 105813 rails Off-Site Water Main City Project No.: 105846 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813[Insert Project Number] City Project No.: 105813[Insert Project Number] ates Off-Site Water Main City Project No.: 105813 rails Off-Site Water Main City Project No.: 105846 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813[Insert Project Number] City Project No.: 105813[Insert Project Number] ates Off-Site Water Main City Project No.: 105813 rails Off-Site Water Main City Project No.: 105846 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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] [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 33 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) “By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City’s Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City’s Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor’s risk if not marked b. Submittals for each item will be reviewed no more than twice at the City’s expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative’s then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City’s discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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] [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS 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 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 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] [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 71 23 - 1 DAP CONSTRUCTION STAKING AND SURVEY Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 71 23 - 2 DAP CONSTRUCTION STAKING AND SURVEY Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 71 23 - 3 DAP CONSTRUCTION STAKING AND SURVEY 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 (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] [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 71 23 - 4 DAP CONSTRUCTION STAKING AND SURVEY Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 74 23 - 3 DAP CLEANING 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 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] [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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". [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS 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 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. [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number] City Project No.: 105813City Project No.: 105846 CITY OF FORT WORTH Sanitary Sewer Rehabilitation @ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK [Insert Project Name] DED PROJECTS [Insert Project Number] [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number]City Project No.: 105813City Project No.: 105846 CITY OF FORT WORTH Sanitary Sewer Rehabilitation @ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK J [Insert Project Name] DED PROJECTS [Insert Project Number] [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number]City Project No.: 105813City Project No.: 105846 CITY OF FORT WORTH Sanitary Sewer Rehabilitation @ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK [Insert Project Name] DED PROJECTS [Insert Project Number] [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] tates Off-Site Water Main City Project No.: 105813 [Insert Project Name] [Insert Project Number] Longhorn Estates Off-Site Water Main City Project No.: 105813 Lone Star at Liberty Trails Off-Site Water Main City Project No.: 105846[Insert Project Number]City Project No.: 105813City Project No.: 105846 Approval Spec No. Classsification Manufacturer Model No. National Spec Size Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra-Seal P-201 ASTM D2240/D412/D792 04/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-001 04/26/00 33 05 13 Profile Gasket for 4' Diam. MH. Press-Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH 1/26/99 33 05 13 HDPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non-traffic area 5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation System Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13) 1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowtite ASTM 3753 Non-traffic area 08/30/06 33 39 13 Fiberglass Manhole L.F. Manufacturing Non-traffic area Water & Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16) * 33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 1001 24"x40" WD Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16) * 33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 30024 24" Dia. * 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. A 24 AM 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry NF 1274 ASTM A48 & AASHTO M306 30" Dia. 33 05 13 Manhole Frames and Covers Sigma Corporation MH-144N 33 05 13 Manhole Frames and Covers Sigma Corporation MH-143N 33 05 13 Manhole Frames and Covers Pont-A-Mousson GTS-STD 24" dia. 33 05 13 Manhole Frames and Covers Neenah Casting 24" dia. 10/31/06 33 05 13 Manhole Frames and Covers (Hinged) Powerseal Hinged Ductile Iron Manhole ASTM A536 24" Dia. 7/25/03 33 05 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus) RE32-R8FS 30" Dia. 01/31/06 33 05 13 30" Dia. MH Ring and Cover East Jordan Iron Works V1432-2 and V1483 Designs AASHTO M306-04 30" Dia. 11/02/10 33 05 13 30" Dia. MH Ring and Cover Sigma Corporation MH1651FWN & MH16502 30" Dia 07/19/11 33 05 13 30" Dia. MH Ring and Cover Star Pipe Products MH32FTWSS-DC 30" Dia 08/10/11 33 05 13 30" Dia. MH Ring and Cover Accucast 220700 Heavy Duty with Gasket Ring 30" Dia 10/14/13 33 05 13 30" Dia. MH Ring and Cover (Hinged & Lockable) East Jordan Iron Works 30" ERGO XL Assembly with Cam Lock/MPIC/T-Gasket ASSHTO M105 & ASTM A536 30" Dia 06/01/17 34 05 13 30" Dia. MH Ring and Cover (Lockable) CI SIP Industries 2280 (32") ASTM A 48 30" Dia. 12/05/23 34 05 13 30" Dia. MH Ring and Cover (Hinged & Lockable) CI SIP Industries 4267WT - Hinged (32") ASTM A 48 30" Dia. 09/16/19 33 05 13 30" Dia. MH Ring and Cover Composite Access Products, L.P. CAP-ONE-30-FTW, Composite, w/ Lock w/o Hing 30" Dia. 10/07/21 34 05 13 30" Dia. MH Ring and Cover Trumbull Manufacturing 32"(30") Frame and Cover 30" Dia. Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/16) * 33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight 24" Dia. * 33 05 13 Manhole Frames and Covers Neenah Casting 24" Dia. * 33 05 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia. * 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia. 03/08/00 33 05 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia. 04/20/01 33 05 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia. Water & Sewer - Manholes & Bases/Precast Concrete (Rev 1/8/13) * 33 39 10 Manhole, Precast Concrete Hydro Conduit Corp SPL Item #49 ASTM C 478 48" * 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. Inc. ASTM C-443 48" 09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone 12/05/23 33 39 10 Manhole, Precast Concrete The Turner Company 72" I.D. Manhole w/ 32" Cone ASTM C 478 72" 05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 48", 60" 09/03/24 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc. Manhole, 32" Opening and Flat top, (No Transition Cones) ASTM C 478 48" to 84" I.D. 06/09/10 33 39 10 Manhole, Precast (Reinforced Polymer)Concrete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72" 09/06/19 33 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72" 10/07/21 32 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 48" I.D. Manhole w/32" Cone ASTM C-77 48" 10/07/21 33 39 20 Manhole, Precast (Reinforced Polymer) Concrete Armorock 48" & 60" I.D. Manhole w/32" Cone 48" & 60" 10/07/21 33 39 20 Manhole, Precast (Hybrid) Polymer & PVC Geneva Pipe and Precast (Predl Systems) 48" & 60" I.D. Manhole w/32" Cone 48" & 60" Non Traffic Areas 03/07/23 33 39 20 Manhole, Precast Concrete AmeriTex Pipe and Products, LLC 48" & 60" I.D. Manhole w/32" Cone ASTM C-478; ASTM C-923; ASTM C-443 03/07/23 33 39 20 Manhole, Precast (Reinforced Polymer) Concrete P3 Polymers, RockHardscp 48" & 60" I.D. Manhole w/32" Cone 04/28/07 Manhole, Precast (Reinforced Polymer) Concrete Amitech USA Meyer Polycrete Pipe Sewer -(WAC) Wastewater Access Chamber 33 39 40 12/29/23 33 39 20 Wastewater Access Chamber Quickstream Solutions, Inc. Type 8 Maintenace Shaft (Poopit) For use when Std. MH cannot be installed due to depth Water & Sewer - Manholes & Bases/Rehab Systems/Cementitious * E1-14 Manhole Rehab Systems Quadex 04/23/01 E1-14 Manhole Rehab Systems Standard Cement Materials, Inc. Reliner MSP E1-14 Manhole Rehab Systems AP/M Permaform 4/20/01 E1-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System 5/12/03 E1-14 Manhole Rehab System (Liner) Triplex Lining System MH repair product to stop infiltration ASTM D5813 08/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repair Product Misc. Use CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 6-18-25 * From Original Standard Products List 1 Approval Spec No. Classsification Manufacturer Model No. National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 6-18-25 Water & Sewer - Manholes & Bases/Rehab Systems/NonCementitious 05/20/96 E1-14 Manhole Rehab Systems Sprayroq, Spray Wall Polyurethane Coating ASTM D639/D790 12/14/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion) For Exterior Coating of Concrete Structures Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications 03/19/18 33 05 16, 33 39 10, 33 39 20 Coating for Corrosion protection(Exterior) Sherwin Williams RR&C Dampproofing Non-Fibered Spray Grade (Asphatic Emulsion) For Exterior Coating of Concrete Structures Only Water & Sewer - Manhole Inserts - Field Operations Use Only (Rev 2/3/16) * 33 05 13 Manhole Insert Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia. * 33 05 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia. * 33 05 13 Manhole Insert Noflow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia. 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. LifeSaver - Stainless Steel For 24" dia. 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel For 24" dia Water & Sewer - Pipe Casing Spacers 33-05-24 (07/01/13) 11/04/02 Steel Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI 02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI 04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers 09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer Up to 48" 09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casing Spacers Up to 48" 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48" 03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainless Steel) 03/19/18 Casing Spacers BWM FB-12 Casing Spacer (Coated Carbon Steel) for Non_pressure Pipe and Grouted Casing 03/29/22 33 05 13 Casing Spacers CCI Pipeline Systems CSC12, CSS12 09/03/24 33 05 13 Casing Spacers Raci (Completely HDPE) Per Manufacturers Requirements (Sewer Applications Only)8" - 12" (Sewer Only) Water & Sewer - Pipes/Ductile Iron 33-11-10(1/8/13) * 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AWWA C150, C151 3" thru 24" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Fastite Pipe (Bell Spigot) AWWA C150, C151 4" thru 30" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Flex Ring (Restrained Joint) AWWA C150, C151 4" thru 30" * 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AWWA C150, C151 * 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AWWA C150, C151 Water & Sewer - Utility Line Marker (08/24/2018) Sewer - Coatings/Epoxy 33-39-60 (01/08/13) 02/25/02 Epoxy Lining System Sauereisen, Inc SewerGard 210RS LA County #210-1.33 12/14/01 Epoxy Lining System Ertech Technical Coatings Ertech 2030 and 2100 Series 04/14/05 Interior Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 Ductile Iron Pipe Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications Sewer - Coatings/Polyurethane Sewer - Combination Air Valves 05/25/18 33-31-70 Air Release Valve A.R.I. USA, Inc. D025LTP02(Composite Body) 2" Sewer - Pipes/Concrete * E1-04 Conc. Pipe, Reinforced Wall Concrete Pipe Co. Inc. ASTM C 76 * E1-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item #77 ASTM C 76 * E1-04 Conc. Pipe, Reinforced Hanson Concrete Products SPL Item #95-Manhole, #98- Pipe ASTM C 76 * E1-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76 Sewer - Pipe Enlargment System (Method)33-31-23 (01/18/13) PIM System PIM Corporation Polyethylene PIM Corp., Piscata Way, N.J. Approved Previously McConnell Systems McLat Construction Polyethylene Houston, Texas Approved Previously TRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously Sewer - Pipe/Fiberglass Reinforced/ 33-31-13(1/8/13) 7/21/97 33 31 13 Cent. Cast Fiberglass (FRP) Hobas Pipe USA, Inc. Hobas Pipe (Non-Pressure) ASTM D3262/D3754 03/22/10 33 31 13 Fiberglass Pipe (FRP) Ameron Bondstrand RPMP Pipe ASTM D3262/D3754 04/09/21 33 31 13 Glass-Fiber Reinforced Polymer Pipe (FRP) Thompson Pipe Group Thompson Pipe (Flowtite) ASTM D3262/D3754 03/07/23 33 31 13 Fiberglass Pipe (FRP) Future Pipe Industries Fiberstrong FRP ASTM D3262, ASTM D3681, ASTM D4161, AWWA M45 09/03/24 33 31 13 Fiberglass Pipe (FRP) Superlit Boru Sanayi A.S. Superlit FRP ASTM D3262, ASTM D3517, ASTM 3754, AWWA C950 * From Original Standard Products List 2 Approval Spec No. Classsification Manufacturer Model No. National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 6-18-25 Sewer - Pipe/Polymer Pipe 4/14/05 Polymer Modified Concrete Pipe Amitech USA Meyer Polycrete Pipe ASTM C33, A276, F477 8" to 102", Class V 06/09/10 E1-9 Reinforced Polymer Concrete Pipe US Composite Pipe Reinforced Polymer Concrete Pipe ASTM C-76 Sewer - Pipes/HDPE 33-31-23(1/8/13) * High-density polyethylene pipe Phillips Driscopipe, Inc. Opticore Ductile Polyethylene Pipe ASTM D 1248 8" * High-density polyethylene pipe Plexco Inc. ASTM D 1248 8" * High-density polyethylene pipe Polly Pipe, Inc. ASTM D 1248 8" High-density polyethylene pipe CSR Hydro Conduit/Pipeline Systems McConnell Pipe Enlargement ASTM D 1248 Sewer - Pipes/PVC (Pressure Sewer) 33-11-12 (4/1/13) 12/02/11 33-11-12 DR-14 PVC Pressure Pipe Pipelife Jetstream PVC Pressure Pipe AWWA C900 4" thru 12" 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AWWA C900 4" thru 12" Sewer - Pipes/PVC* 33-31-20 (7/1/13) * 33-31-20 PVC Sewer Pipe J-M Manufacturing Co., Inc. (JM Eagle) SDR-26 (PS115) ASTM D 3034 4" - 15" 12/23/97* 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation SDR-26 (PS115) ASTM D 3034 4" thru 15" * 33-31-20 PVC Sewer Pipe Lamson Vylon Pipe SDR-26 (PS115) ASTM D 3034 4" thru 15" 12/05/23 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe SDR-26 (PS115) ASTM D3034 4" thru 15" 12/05/23 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe Gravity Sewer PS 115 ASTM F 679 18" * 33-31-20 PVC Sewer Pipe J-M Manufacturing Co, Inc. (JM Eagle) PS 115 ASTM F 679 18" - 28" 05/06/05 33-31-20 PVC Solid Wall Pipe Diamond Plastics Corporation PS 115 ASTM F-679 18" to 48" 04/27/06 33-31-20 PVC Sewer Fittings Harco SDR-26 (PS 115) Gasket Fittings ASTM D-3034, D-1784, etc 4" - 15" *33-31-20 PVC Sewer Fittings Plastic Trends, Inc.(Westlake)Gasketed PVC Sewer Main Fittings ASTM D 3034 3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 26 (PS 115) ASTM F679 18"- 24" 3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 26 ASTM D3034 4"- 15" 3/29/2019 33 31 20 Gasketed Fittings (PVC)GPK Products, Inc. SDR 26 ASTM D3034 4"- 15" 10/21/2020 33 31 20 PVC Sewer Pipe NAPCO(Westlake) SDR 26 ASTM D3034 4" - 15" 10/22/2020 33 31 20 PVC Sewer Pipe Sanderson Pipe Corp. SDR 26 ASTM D3034 4"- 15" 10/21/2020 33 31 20 PVC Sewer Pipe NAPCO(Westlake) SDR 26 PS 115 ASTM F-679 18"- 36" * From Original Standard Products List 3 Approval Spec No. Classsification Manufacturer Model No. National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 6-18-25 Water - Appurtenances 33-12-10 (07/01/13) 09/03/24 33-12-10 Double Strap Saddle Ford Meter Box Co., Inc. 202B 1"-2" SVC, up to 16" Pipe 01/18/18 33-12-10 Double Strap Saddle Romac 202NS Nylon Coated AWWA C800 1"-2" SVC, up to 24" Pipe 08/28/02 Double Strap Saddle Smith Blair #317 Nylon Coated Double Strap Saddle 07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AWWA C800 1"-2" SVC, up to 24" Pipe 03/07/23 33-12-10 Double Strap Service Saddle Powerseal 3450AS, Incl. Corp. Stop, Dbl Strap, Stainless NSF ANSI 372 1"-2" SVC, up to 24" Pipe 10/27/87 Curb Stops-Ball Meter Valves McDonald 6100M,6100MT & 610MT 3/4" and 1" 10/27/87 Curb Stops-Ball Meter Valves McDonald 4603B, 4604B, 6100M, 6100TM and 6101M 1½" and 2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc. FB600-7NL, FB1600-7-NL, FV23-777-W-NL, L22-77NL AWWA C800 2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc. FB600-6-NL, FB1600-6-NL, FV23-666-W- NL, L22-66NL AWWA C800 1-1/2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc. FB600-4-NL, FB1600-4-NL, B11-444-WR- NL, B22444-WR-NL, L28-44NL AWWA C800 1" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd. B-25000N, B-24277N-3, B-20200N-3, H- 15000N, , H-1552N, H142276N AWWA C800, ANSF 61, ANSI/NSF 372 2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd. B-25000N, B-20200N-3, B-24277N-3,H- 15000N, H-14276N, H-15525N AWWA C800, ANSF 61, ANSI/NSF 372 1-1/2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd. B-25000N, B-20200N-3,H-15000N, H- 15530N AWWA C800, ANSF 61, ANSI/NSF 372 1" 01/26/00 Coated Tapping Saddle with Double SS Straps JCM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) JCM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out 03/29/22 33-12-25 Tapping Sleeve (Coated or Stainless Steel) JCM Industries, Inc. 415 Tapping Sleeve AWWA C-223 Concrete Pipe Only 05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16" 02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 420 AWWA C-223 U p to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST Stainless Steel AWWA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out 05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW37C-12-1EPAF FTW Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW39C-12-1EPAF FTW 08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-1EPAF FTW Class "A" Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9 Concrete Meter Box Bass & Hays CMB-18-Dual 1416 LID-9 Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9 Water - Bolts, Nuts, and Gaskets 33-11-05 (01/08/13) None Water - Combination Air Release 33-31-70 (01/08/13) * E1-11 Combination Air Release Valve GA Industries, Inc. Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 1" & 2" * E1-11 Combination Air Release Valve Multiplex Manufacturing Co. Crispin Air and Vacuum Valves, Model No. 1/2", 1" & 2" * E1-11 Combination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" & 3" Water - Dry Barrel Fire Hydrants 33-12-40 (01/15/14) 10/01/87 E-1-12 Dry Barrel Fire Hydrant American-Darling Valve Drawing Nos. 90-18608, 94-18560 AWWA C-502 03/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-502 09/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-502 01/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-502 08/24/88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502 E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-502 09/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 10/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller Company Shop Drawings No. 6461 A-423 Centurion AWWA C-502 01/15/88 E1-12 Dry Barrel Fire Hydrant Mueller Company Shop Drawing FH-12 A-423 Super Centurion 200 AWWA C-502 10/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-502 09/16/87 E-1-12 Dry Barrel Fire Hydrant American Flow Control (AFC) Waterous Pacer WB67 AWWA C-502 08/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250 Water - Meters 02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AWWA C550 4" - 10" 08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6" * From Original Standard Products List 4 Approval Spec No. Classsification Manufacturer Model No. National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 6-18-25 Water - Pipes/PVC (Pressure Water) 33-31-70 (01/08/13) 12/05/23 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR14 AWWA C900, AWWA C605, ASTM D1784 4"-16" 12/05/23 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR18 AWWA C900, AWWA C605, ASTM D1784 16"-18" 09/03/24 33-11-12 PVC Pressure Pipe Northern Pipe Products DR14 AWWA C900, AWWA C605, ASTM D1784 4"-16" 09/03/24 33-11-12 PVC Pressure Pipe Northern Pipe Products DR18 AWWA C900, AWWA C605, ASTM D1784 16"-18" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR18 AWWA C900 16"-24" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AWWA C900 4"-12" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 18 AWWA C900 16"-24" 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 14 AWWA C900-16 UL 1285 ANSI/NSF 61 FM 1612 4"-28" 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 18 AWWA C900-16 UL 1285 ANSI/NSF 61 FM 1612 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC AWWA C900 4" - 8" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR18 AWWA C900 16" - 24" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR14 AWWA C900 4"- 12" 9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4"- 12" Water - Pipes/Valves & Fittings/Ductile Iron Fittings 33-11-11 (01/08/13) 07/23/92 E1-07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Fittings AWWA C153 & C110 * E1-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittings AWWA C 110 * E1-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities Division Mechanical Joint Fittings, SSB Class 350 AWWA C 153, C 110, C 111 08/11/98 E1-07 Ductile Iron Fittings Sigma, Co. Mechanical Joint Fittings, SSB Class 351 AWWA C 153, C 110, C 112 02/26/14 E1-07 MJ Fittings Accucast Class 350 C-153 MJ Fittings AWWA C153 4"-12" 05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1400 AWWA C111/C153 4" to 36" 05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1500 Circle-Lock AWWA C111/C153 4" to 24" 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc. One Bolt Restrained Joint Fitting AWWA C111/C116/C153 4" to 12" 02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 1100 (for DI Pipe)AWWA C111/C116/C153 4" to 42" 02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 2000 (for PVC Pipe)AWWA C111/C116/C153 4" to 24" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLC4 - SLC10 AWWA C111/C153 4" to 10" 03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCS4 - SLCS12 AWWA C111/C153 4" to 12" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCE AWWA C111/C153 12" to 24" 08/10/98 E1-07 MJ Fittings(DIP) Sigma, Co. Sigma One-Lok SLDE AWWA C153 4" - 24" 10/12/10 E1-24 Interior Restrained Joint System S & B Techncial Products Bulldog System ( Diamond Lok 21 & JM ASTM F-1624 4" to 12" 04/07/69 Interior Restrained Joint System Hultec Hydrogrip-R ASTM D395, D412, D471, D573, D883, D1149, D1229, D1349, D1414, D1415, D1566, F913 4'-12" 08/16/06 E1-07 Mechanical Joint Fittings SIP Industries(Serampore) Mechanical Joint Fittings AWWA C153 4" to 24" 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. PVC Stargrip Series 4000 ASTM A536 AWWA C111 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. DIP Stargrip Series 3000 ASTM A536 AWWA C111 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) EZ Grip Joint Restraint (EZD) Black For DIP ASTM A536 AWWA C111 3"-48" 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) EZ Grip Joint Restraint (EZD) Red for C900 DR14 PVC Pipe ASTM A536 AWWA C111 4"-12" 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) EZ Grip Joint Restraint (EZD) Red for C900 DR18 PVC Pipe ASTM A536 AWWA C111 16"-24" * From Original Standard Products List 5 Approval Spec No. Classsification Manufacturer Model No. National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 6-18-25 Water - Pipes/Valves & Fittings/Resilient Seated Gate Valve* 33-12-20 (05/13/15) Resilient Wedged Gate Valve w/no Gears American Flow Control Series 2500 Drawing # 94-20247 16" 12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AWWA C515 30" and 36" 08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255) AWWA C515 20" and 24" 05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AWWA C515 16" 10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control Series 2500 (Ductile Iron) AWWA C515 4" to 12" 08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AWWA C515 42" and 48" 05/23/91 E1-26 Resilient Wedge Gate Valve American AVK Company American AVK Resilient Seaded GV AWWA C509 4" to 12" 01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company 20" and smaller * E1-26 Resilient Seated Gate Valve Kennedy 4" - 12" * E1-26 Resilient Seated Gate Valve M&H 4" - 12" * E1-26 Resilient Seated Gate Valve Mueller Co.4" - 12" 11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AWWA C515 16" 01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AWWA C515 24" and smaller 05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AWWA C515 30" and 36" 01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AWWA C515 42" and 48" 01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. AWWA C509 4" - 12" 10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AWWA C515 16" 11/08/99 E1-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AWWA C515 24" and smaller 11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AWWA C515 30" and 36" (Note 3) 11/30/12 Resilient Wedge Gate Valve Clow Valve Co. Clow Valve Model 2638 AWWA C515 24" to 48" (Note 3) 05/08/91 E1-26 Resilient Seated Gate Valve Stockham Valves & Fittings AWWA C 509, ANSI 420 - stem, 4" - 12" * E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co.Metroseal 250, requirements SPL #74 3" to 16" 10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works)EJ FlowMaster Gate Valve & Boxes 08/24/18 Matco Gate Valve Matco-Norca 225 MR AWWA/ANSI C115/An21.15 4" to 16" Water - Pipes/Valves & Fittings/Rubber Seated Butterfly Valve 33-12-21 (07/10/14) * E1-30 Rubber Seated Butterfly Valve Henry Pratt Co. AWWA C-504 24" * E1-30 Rubber Seated Butterfly Valve Mueller Co. AWWA C-504 24"and smaller 1/11/99 E1-30 Rubber Seated Butterfly Valve Dezurik Valves Co. AWWA C-504 24" and larger 06/12/03 E1-30 Valmatic American Butterfly Valve Valmatic Valve and Manufacturing Corp. Valmatic American Butterfly Valve. AWWA C-504 Up to 84" diameter 04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AWWA C-504 24" to 48" 03/19/18 33 12 21 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) AWWA C504 Butterfly Valve AWWA C-504 30"-54" 09/03/24 33 12 21 Rubber Seated Butterfly Valve American AVK Company AWWA C504 Butterfly Valve Class 250B AWWA C-504 24" - 48" Water - Polyethylene Encasement 33-11-10 (01/08/13) 05/12/05 E1-13 Polyethylene Encasment Flexsol Packaging Fulton Enterprises AWWA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AWWA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment AEP Industries Bullstrong by Cowtown Bolt & Gasket AWWA C105 8 mil LLD 09/06/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement for DIP AWWA C105 8 mil LLD Water - Sampling Station 03/07/23 33 12 50 Water Sampling Station Kupferle Foundry Company Eclipse, Number 88 , 12-inch Depth of Bury As shown in spec. 33 12 50 09/02/24 33 12 50 Water Sampling Station Mueller Water Products, Inc.Model BSS01-36-MUDG2-CSD-NL, Freeze Proof, Hasp for Locking Access Hatch This product removed Water - Automatic Flusher 10/21/20 Automated Flushing System Mueller Hydroguard HG6-A-IN-2-BRN-LPRR(Portable) HG2-A-IN--2-PVC-018-LPLG(Permanent) 04/09/21 Automated Flushing System Kupferle Foundry Company Eclipse #9800wc 04/09/21 Automated Flushing System Kupferle Foundry Company Eclipse #9700 (Portable) Yellow Highlight indicates recent changes The Fort Worth Water Department’s Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department’s Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department’s Standard Specifications and the Fort Worth Water Department’s Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department’s Standard Specifications or is on the Fort Worth Water * From Original Standard Products List 6