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Res 2024-02-1600 Award the Phase 1 of the FM 455 Waterline Project to Interstate Pipeline Utility
CITY OF ANNA, TEXAS RESOLUTION NO. 202 4 - G A_ -I (00(0 A RESOLUTION OF THE CITY OF ANNA, TEXAS, AWARDING THE BID FOR PHASE 1 OF THE FM 455 WATERLINE PROJECT TO INTERSTATE PIPELINE UTILITY CONSTRUCTION, LLC IN THE AMOUNT NOT TO EXCEED NINE HUNDRED THOUSAND DOLLARS AND ZERO CENT ($900,000.00); AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Phase 1 FM 455 Waterline project is identified as a capital water line improvement project in the City of Anna's Capital Improvement Plan and is shown on the City's Water Master Plan, WHEREAS, the proposed water line will increase water system capacity for existing properties west of US 75, help spur development in the Western section of the City, and provide much -needed fire hydrants for fire suppression activities; and WHEREAS, The City has publicly bid on the construction project in accordance with Texas Local Government Code and, WHEREAS, the lowest qualified bid was received from Interstate Pipeline Utility Construction, LLC, for the amount of $762,005.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute a contract in an amount not to exceed $900,000.00 to Interstate Pipeline Utility Construction, LLC for the construction of FM 455 Water Line Phase 1. That funding for the project shall come from the Water Impact Fee Fund and shall not exceed $900,000.00, which includes $137,995 for contingency funds. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this Z� day of February 2024. City Secretary CITY OF ANNA, TEXAS SPECIFICATION, BIDDING, AND CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF FM 455 Water Line Construction Phase 1 PREPARED BY Firm: Binkley Barfield Date: 03/05/2024 ..%.................. t.00 / SHAWN ROCKENBAUGH / .....a..aw....o.e.a. 85566 1 /12/2021 Table of Contents Addenda..........................................................................................................................As Published InvitationTo Bid.................................................................................................................................1 NoticeTo Bidders...............................................................................................................................2 Section1. Bids........................................................................................................................................... 2 Section 2. Contract Documents................................................................................................................2 Section 3. Plans for Use by Bidder............................................................................................................ 2 Section 4. Time And Order for Completion............................................................................................... 3 Section S. Two Year Maintenance Bond...................................................................................................3 Section 6. Plans for the Contractor...........................................................................................................3 Section 7. Preparation of Proposal...........................................................................................................3 Section8. Bid Security...............................................................................................................................4 Section 9. Liquidated damages for failure to enter into Contract............................................................4 Section 10. Time of completion & liquidated damages............................................................................4 Section 11. Performance & Payment Bonds.............................................................................................4 Section 12. Bidder's Knowledge of Conditions......................................................................................... 5 Section 13. Interpretation of Document................................................................................................... 5 Section14. Award Contract......................................................................................................................5 Section 15. Protection of the Public.......................................................................................................... 5 Section 16. Affidavit Against Prohibited Acts...........................................................................................5 Section17. Engineer.................................................................................................................................6 Section 18. American Disabilities Act........................................................................................................ 6 Section19. Miscellaneous.........................................................................................................................6 Qualification Statement of Bidders.....................................................................................................9 Qualification Statement of Bidders Surety ........................................................................................14 Prevailing Wage Rates for Municipal Construction in Anna, Texas......................................................15 VendorsCompliance to State Law.....................................................................................................20 Conflict of Interest Questionnaire.....................................................................................................21 Affidavit Against Prohibited Acts......................................................................................................23 Proposaland Bid Form.....................................................................................................................24 Proposaland Bid Form.....................................................................................................................27 Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax .............................28 ContractAgreement.........................................................................................................................29 Section 1. Documents Incorporated by Reference.................................................................................30 Section 2. Representation of the Contractor..........................................................................................30 Section 3. Intent & Interpretation..........................................................................................................30 Section 4. Contractor Performance........................................................................................................ 33 Section 5. Time for Contractors Performance; Delays...........................................................................33 Section 6. Fixed Price & Contract Payments...........................................................................................35 Section 7. Information & Material Supplied by the City........................................................................38. Section 8. Cease & Desist Order/Owner's Right to Perform Work.........................................................38 Section 9. Contractor's Duties, Obligations & Responsibilities...............................................................39 Section10. Indemnity.............................................................................................................................42 Section 11. Claims by the Contractor......................................................................................................42 Section12. Subcontractors.....................................................................................................................43 Section13. Change Orders......................................................................................................................43 Section 14. Discovering & Correcting Defective or Incomplete Work....................................................46 Section 15. City's Right to Suspend Contractor's Performance..............................................................47 Section 16. Termination By the City........................................................................................................47 Section17. Insurance..............................................................................................................................49 Section 18. Performance & Payment Bonds; Surety Bonds....................................................................51 Section19. Project Records....................................................................................................................51 Section20. Applicable Law.....................................................................................................................52 Section 21. Successors & Assigns............................................................................................................53 Section 22. Miscellaneous Provisions.....................................................................................................53 Section23. Entire Agreement.................................................................................................................54 Section24. Severability...........................................................................................................................54 Section25. Waiver..................................................................................................................................54 Bidder's Bond..................................................................................................................................55 PerformanceBond...........................................................................................................................57 PaymentBond...............................................................................................................:.................59 MaintenanceBond...........................................................................................................................61 Certificateof Insurance....................................................................................................................63 Form1295.......................................................................................................................................67 Construction Staking Certificate........................................................................................................69 Notice To Proceed.. Change Order .................. Supplementary General Provisions 71 72 73 Materials & Construction Methods...................................................................................................89 Conflict of Interest Questionnaire...................................................................................................113 TechnicalSpecifications..................................................................................................................US INVITATION TO BID The City of Anna is soliciting competitive sealed bids (also referenced herein sometimes as "bids" or "proposals") for the construction of the following project: FM 455 Water Line Construction Phase 1 This project generally includes furnishing all labor, material, and equipment and performing all work required for the construction of approximately 14,500 LF of 12" water line installation all appurtenances called for in the plans and specifications. Proposals must be delivered to the City of Anna, no later than the proposal submission deadline of Friday, February 9th, 2024 at 2 p.m. Plans, specifications, and bidding documents may be downloaded from www.ionwave.com starting January 18th, 2024 Bidding documents downloaded from plan rooms or third -party websites shall be at the Proposer's sole risk. No guarantee of receipt of addenda or clarifications will be made for third -party downloads. Contact Tony Romo with Binkley & Barfield via email at aromo@binkleybarfield.com or phone 972)644 - 28OX1401 , with general questions. Questions will be answered from those posted on lonwave.com. Bidders must submit a cashiers check, certified check, or acceptable bidder's bond with their bid as a guarantee that the Bidder will enter into a contract for the project with the Owner within (10) days of Notice of Award of the contract. The security must be payable to the City of Anna in the amount of five percent (5%) of the bid submitted. Contractor must execute the contract, bonds, and certificates of insurance on the forms provided in the Plans and specifications. Contractors for this project must pay no less than the prevailing wage rates for the area established by the Owner and included in the plans and specifications. In accordance with Texas Gov't Code Sec. 2253.021, the successful bidder will be required to furnish a performance bond in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and a payment bond in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. If the contract price does not exceed these amounts, the respective statutory bonds will not be required. It shall be each bidder's responsibility to inspect the site of the work and to become fully informed regarding all local conditions under which the work for this project is to be done. The City reserves the right to reject any and all bids. CITY OF ANNA, TEXAS Invitation to Bid 1 NOTICE TO BIDDERS Section 1. BIDS: 1.01 Competitive sealed bids (also referenced herein sometimes as "bids" or "proposals") must be delivered to the attention of Joanna Golleher with the City of Anna at 120 West 7'h Street, Anna, Texas 75409, no later than the proposal submission deadline of Friday , March 9th , 20 24, at 2:00 P.M. . Timely proposals shall be publicly opened and read aloud in the City Council Chambers. Any proposals received after the specified time will not be accepted. FM 455 Water Line Construction Phase 1 1.02 Proposals shall be on the form provided for that purpose and shall be enclosed in two sealed envelopes, one within the other, each clearly marked so as to guard against opening prior to the time set therefor. The bidder shall also be responsible for placing the bidder's firm/entity name on the outside of both such proposal envelopes. The original proposal with three (3) copies shall be provided. 1.03 Proposals which are incomplete, unbalanced, conditional, obscure, or which contain additions not called for, alterations or irregularities of any kind, or which do not comply with the Contract Documents may be rejected at the option of the Owner. 1.04 Each bid shall be signed, on behalf of the individual, partnership or corporation making the proposal, by the person or persons legally authorized to sign the bid document and thereby bind the maker in full responsibility therefor. The address of the individual, partnership or corporation shall be appended and, upon demand, the names and addresses of all members of a partnership or the corporate officers of a corporation shall be made known. 1.05 All questions regarding the process and the submission of proposals shall be directed to the Purchasing Agent in the Municipal Building, 120 West 7th Street, Anna, Texas 75409, telephone number (469) 885-8807. Section 2. CONTRACT DOCUMENTS: 2.01 All work associated with this project shall be done in accordance with contract documents described in the Contract Agreement. 2.02 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. Section 3. PLANS FOR USE BY BIDDER: It is the intent of the City of Anna that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge. The contract documents may be examined without charge as noted in the Invitation to Bid. Section 4. TIME AND ORDER FOR COMPLETION: 4.01 The construction covered by the contract documents shall be fully complete within One Hundred and twenty (120) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Anna to the successful bidder. 4.02 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. Section S. TWO-YEAR MAINTENANCE BOND: Contractor shall furnish the City of Anna a maintenance bond to guarantee against defects in the construction or equipment furnished under the project for two years following acceptance. The bond shall be executed by a surety company holding a license to do business in the State of Texas and acceptable to the City of Anna, in an amount equal to one hundred (100) percent of the original contract price. Subsequently, and at the option of the City, the successful bidder may be required to furnish an additional maintenance bond or a replacement bond in an amount such that all maintenance bond(s) furnished hereunder equal the adjusted price of the contract based on change orders. Section 6. PLANS FOR THE CONTRACTOR: The Contractor will be furnished two sets of specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors, or others, as required for proper prosecution of the work contemplated by the Contractor. Section 7. PREPARATION OF PROPOSAL: 7.01 The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in numerals, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. 7.02 The successful bidder is required to provide segregated amounts for cost of labor and other services from materials and other tangible personal property to be ultimately consumed in this project. 7.03 If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Where applicable, Powers of Attorney authorizing agents or 3 others to sign proposals must be properly certified and must be in writing and submitted with the proposal. 7.04 The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: a) Bidder's Name: b) Proposal for: City of Anna, Texas 7.05 Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 7.06 All bidders must supply the following with their bids: a) Qualification Statement of Bidders. b) Qualification Statement of Bidder's Surety. c) Construction Schedule. d) Current Financial Statement. Section 8. BID SECURITY: Each bid must be accompanied by a certified or cashier's check or an approved bidder's bond made payable to the owner in an amount of five (5%) percent of the largest possible total of the bid as a guarantee that, if awarded the contract, the bidder shall enter into a contract and execute all necessary bonds. Section 9. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure to execute and deliver the contract and bonds required within 10 business days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the bid bond amount and any other security deposited with the bidder's proposal. Section 10.TIME OF COMPLETION AND LIQUIDATED DAMAGES Bidders must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within the specified time as stated in the proposal. Bidder must agree to pay liquidated damages as required in the contract documents for failure to timely commence work or complete the project. Section 11.PERFORMANCE AND PAYMENT BONDS: Performance and payment bonds are in the amount of not less than one hundred percent (100%) of the contract price conditioned upon the faithful performance of the contract, and upon payment of all persons supplying labor or furnishing materials, will be required upon the forms which are a part of the Contract Documents. Bonds shall be executed by a surety company authorized to do business in the State of Texas and must have a registered Agent for Service located in the State of Texas. Owner shall approve bonds as to form. The Owner may, in its discretion, reject a surety it believes unacceptable; a failure to reject a surety who is unacceptable or fails to perform its obligations shall incur no liability to Owner. 0 Section 12. BIDDER'S KNOWLEDGE OF CONDITIONS: Prior to submission of a proposal, bidders shall have made a thorough inspection of the site of the work and a thorough examination of the plans and specifications and shall become informed as to the nature of the work, labor conditions, and all other matters that may affect the cost and time of completion of the work. Section 13.INTERPRETATION OF DOCUMENT: If any person contemplating submitting a bid is in doubt as to the meaning of any part of the plans, specifications, or other proposed contract documents, he may submit to the Engineer a written request for an interpretation thereof prior to seven (7) days of the time of opening of sealed bids. The person submitting the request will be responsible for its prompt delivery. Any interpretation of these documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person known to have received a set of such documents. The Engineer will not be responsible for any other explanations or interpretations. Section 14.AWARD OF CONTRACT: 14.01 It is the intent of the City of Anna that this project be completed as quickly and economically as is feasible. A tabulation of the bids received will be prepared for consideration by the City Council. 14.02 Award may be made according to the factors listed below. The successful bidder must submit both base and alternate bids. Unless the bids are unreasonably high and/or the Owner rejects all bids, the Owner intends to award the contract on the basis of the following: [� FACTORS CONSIDERED % WEIGHT GIVEN Bid Amount 40% Quality of the Bidder's previous Municipal Projects of 35% similar nature Bidder's past relationship with the City or References 20% Safety record of the Bidder 5% The Owner retains the right to waive informalities and to reject any or all bids Section 15. PROTECTION OF THE PUBLIC: For protection and convenience of the public and emergencies, the successful bidder shall furnish the City with a telephone number where the Contractor can be contacted 24 hours a day during the entire construction period of this project. This telephone number shall be furnished to the City in writing prior to the beginning of construction. Section 16.AFFIDAVIT AGAINST PROHIBITED ACTS: It shall be the successful bidder's responsibility to complete an affidavit against prohibited acts, on a form contained as part of the Contract Documents, prior to execution of the contract by the City of Anna. Failure to complete this form may prohibit the Contractor's ability to secure the contract. Section 17. ENGINEER: The term "Engineer" shall refer to the City Engineer or his authorized representative. Section 18.AMERICAN DISABILITIES ACT: "Any person, firm business, partnership, or corporation that provides a service or function to the public or employees, agents or officials of the city of which is performed on behalf of the City of Anna, shall comply with 42 U.S.C. 1210-12213 and any amendments thereto, known as the "American Disabilities Act of 1990"." Section 19.MISCELLANEOUS 19.01 Proposals received in the City of Anna after submission deadline will be considered void and unacceptable. The City of Anna is not responsible for lateness or non- delivery of mail, carrier, etc., and the date/time stamp in City Hall shall be the official time of receipt. 19.02 A proposal may not be withdrawn or canceled by the bidder without the permission of the City for a period of ninety (90) days following the date designated for the receipt of proposals, and bidder so agrees upon submittal of their proposal. 19.03 The City of Anna is exempt by law from payment of Texas State Sales Tax and Federal Excise Tax. Bidder shall include any sales taxes from concession sales of taxable items on City property in the total price of the sale and shall be responsible to report and pay such taxes in a timely manner. 19.04 No oral statement of any individual shall modify or otherwise change, or affect the terms, conditions or Specifications stated in the resulting Contract Agreement. All Change Orders to the Contract Agreement will be made in writing by approval of the City Manager or his agent. 19.05 If during the life of the Contract Agreement, the successful bidder's net prices to other customers for items awarded herein are reduced below the Contracted price, it is understood and agreed that the benefits of such reduction shall be extended to the City of Anna. 19.06 All delivery and freight charges (F.O.B. City of Anna) are to be included in the proposal price. 19.07 Proposals shall show number of days required to achieve Substantial Completion of the Project. Failure to state delivery time may cause proposal to be rejected. 19.08 Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of the City of Anna not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 19.09 The bidder shall not offer or accept gifts of anything of value nor enter into any business arrangement with any employee, official or agent of the City of Anna. 19.10 Proposals must comply with all federal, state, county, and local laws concerning these types of service(s). 19.11 Design, strength, quality of materials must conform to the highest standards of manufacturing and engineering practice. 19.12 All items supplied against credit must be new and unused, unless otherwise specified, in first-class condition and of current manufacturer. 19.13 Inspections of the project work will be made by the City or its independent contractors to ensure compliance with all applicable laws and regulations, and the specifications of this project. 19.14 Successful bidder shall defend, indemnify and save harmless the City of Anna and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any Contract which may result from proposal award. Successful bidder indemnifies and will indemnify and save harmless the City from liability, claim or demand on their part, agents, servants, customers, and/or employees whether such liability, claim or demand arise from event or casualty happening or within the occupied premises themselves or happening upon or in any of the halls, elevators, entrances, stairways or approaches of or to the facilities within which the occupied premises are located. Successful bidder shall pay any judgment with costs which may be obtained against the City growing out of such injury or damages. In addition, successful bidder shall obtain and file with Owner City of Anna a Standard Certificate of Insurance and applicable policy endorsement evidencing the required coverage and naming the owner City of Anna as an additional insured on the required coverage. Each insurance policy to be furnished by successful bidder shall include, by endorsement to the policy, a statement that a notice shall be given to the City of Anna by Certified Mail thirty (30) days prior to cancellation or upon any material change in coverage. 19.15 Successful Bidder shall pay or cause to be paid, without cost or expense to the City of Anna, all Social Security, Unemployment and Federal Income Withholding Taxes of all such employees and all such employees shall be paid wages and benefits as required by Federal and/or State Law. 19.16 Specifications and model numbers are for description only. Bidder may propose on description only. Bidder may propose on alternate model but must clearly indicate alternate model being proposed. Bidder must enclose full descriptive literature on alternate item(s). 19.17 The apparent silence of specifications as to any detail or to the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only 7 the best commercial practices are to prevail. All interpretations of specifications shall be made on the basis of this statement. ANY QUESTIONS concerning the Invitation for Bids and Notice to Bidders should be directed to: Justin Clay, C.I.P Manager City of Anna Iclay(o)annatexas.gov (214) 901-4616 0 QUALIFICATION STATEMENT OF BIDDERS SUBMITTED TO: City of Anna Reviewed by: Date Received: Contractor: Interstate Pipeline Utility Construction, LLC CIRCLE ONE: ❑ Sole Proprietor ❑ Partnership Name: Address: Po Box 152957 City: DALLAS Phone: Principal Place of Business: County (214) 296-9744 State ❑ Corporation ❑ Joint Venture Partner: Address: City: Phone: Principal Place of Business: County State IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING: State of Incorporation: Location of Principal Office: Contact Persons at Office: PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION: Name: Title: Phone: Names of Officers: (If Applicable) List Number of Employees Working For Contractor: Address: DALLAS, TX 75315 City State Zip LIST ALL EQUIPMENT TO BE USED ON THIS PROJECT: (Please Use Attachment) Number of Years li Business as a General Contractor on Projects similar to this Project: TYPE(S) OF WORK DONE: (CIRCLE) ❑ Asphalt Paving ❑ Storm Sewer ❑ Concrete Paving ❑ Earth Work ❑ Misc. Concrete ❑ Bridge Work ❑ Channel Lining ❑ Demolition ❑ Pump Stations ❑ Landscaping Concrete Structures: Inlets, Box Culverts, Junction Boxes Other: Comments: ❑ Water & Sanitary Sewer Lines ❑ Steel Erection ❑ Painting ❑ Fog Seal ❑ Chip Seal Qualification Statement 9 CONTRACTOR QUALIFICTIONS Provide Only Five Separate Municipal Projects: Experience shall be on Municipal Water Line Projects in the State of Texas. All projects must have been completed in the past 5-years. Project 1: (Limit description to 300-words): Project Description: Owner/Agency: Contract Price: Contact Person: Date Started: Project 2: (Limit description to 300-words): Project Description: Owner/Agency: Contract Price: Contact Person: Date Started: Project 3: (Limit description to 300-words): Project Description: Owner/Agency: Contract Price: Contact Person: Date Started: Phone: Date Completed: Phone: Date Completed: Phone: Date Completed: Qualification Statement 10 Project 4: (Limit description to 300-words): Project Description: Owner/Agency: Contract Price: Contact Person: Date Started: Project 5: (Limit description to 300-words) Project Description: Owner/Agency: Contract Price: Contact Person: Date Started: Phone: Date Completed: Phone: Date Completed: • Provide total number of Municipal Utility Projects that your company has completed: • List total number of projects completed with City of Anna: • List all worker days lost due to job site safety and/or accidents within last 5-years: • Provide summary of safety program and name of Safety Officer: Interstate Pipeline Utility Construction, LLC N/A (USE ATTACHMENTS IF NECESSARI0 Qualification Statement 11 If Company is under new management, please list names of staff and qualification and/or experience of said persons. (please use attachment.) Have you or any present Partner(s) or Officer(s) failed to complete a contract? If so, name of Owner and/or surety: Contact Person: Are there any unsatisfied demands upon you as to your accounts payable? If so, give names, amounts, and explanations: Bank Reference Bank: Address: City: Contact Person: Phone: Municipality Reference: Contact Person: Address: Other Credit References: Name: Address: Phone: City: State: TX Zip: 75315 Position: Phone: Name: Address: Phone: Claims and Suits (If the answer to any of the questions is yes, please attach details): on separate sheet of paper: Are there any judgments, claims, arbitration proceedings, or suits pending or outstanding against your organization or its officers? ❑ Yes ❑ No Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years? ❑ Yes ❑ No Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? ❑ Yes ❑ No Qualification Statement 12 In compliance with Invitation to Bid for above mentioned types of projects, the undersigned is submitting the information as required with the understanding that the purpose is only to assist in determining the qualifications for this organization to perform the type and magnitude of work designated, and further, guarantee the truth and accuracy of all statements made, and will accept your determination of qualifications without prejudice. The surety herein named, any other bonding company, bank, sub -contractor, supplier, or any other person(s), firm(s) or corporations with whom I (we) have done business, or who have extended any credit to me (us) are hereby authorized to furnish you with any information you may request concerning performance on previous work and my (our) credit standing with any of them; and I (we) hereby release any and all such parties from any legal responsibility whatsoever on account of having furnished such information to you. Signed: Title: Company: Interstate Pipeline Utility Construction, LLC Date: COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY Name: Phone: Address: City: State: Qualification Statement 13 QUALIFICATION STATEMENT OF BIDDER'S SURETY SUBMITTED TO: City of Anna BIDDER: ADDRESS: PHONE: (: Interstate Pipeline Utility Construction, LLC P.O. Box 152957 Dallas, TX 75315 296-9744 1. Has this surety furnished contract bonds on contracts now complete? Yes 2. Has this surety furnished contract bonds on contracts now incomplete? Yes 3. What is the maximum bonding capacity of this Contractor? $25,000.000 4. Is the current financial information on this Contractor satisfactory? Yes 5. Does information obtained indicate accounts are paid when due? Yes If not, give details: 6. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract? Yes 7. Provided this bidder does not assume other commitments or that you do not acquire further information that in your opinion will materially affect the bidder's capacity to perform this contract, will you furnish the bonds as specified? Yes REMARKS: (IN DUPLICATE) Employers Mutual Casualty Company SURETY: and Un on Insurance Company of Providence SIGNED: TITLE: Cynthia A®rd,ttorney-in-Fact P.O. Box 712. Des Moines, IA 50306-0712 ADDRESS: P.O. Box 9190 Des Moines, IA 50306-9190 CITY: Des Moines STATE: IA ZIP: PHONE: Employers Mutual: (515)260-2511 L lninnlne ranee (972)719-2400 Qualification Statement 14 PREVAILING WAGE RATES FOR MUNICIPAL CONSTRUCTION IN ANNAJEXAS General Decision: TX20220018 TX28 Date: 04/29/2022 Construction Types: Heavy Counties: Collin. Dallas. Denton. Ellis. Kaufman and Rockwall Counties in Texas. Rates are for Heavy — Water & Sewer Lines / Utilities (including Related Tunneling where the Tunnel is 48" or less in diameter) construction projects only. For other wage rates or for updated rates, please the Texas General Decision County Index located at https://sam.gov/content/home 15 "General Decision Number. TX20220018 04/29/2022 Superseded General Decision Number: TX20210018 State: Texas Construction Type: Heavy Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas. Water and Sewer Lines/Utilities (Including Related Tunneling Where the Tunnel is 48"" or Less in Diameter) Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). contract is entered 1. Executive Order 14026 1 on or after January 30, generally applies to the 1 ?, or the contract is 1 contract. I :wed or extended (e.g., an I. The contractor must pay )n is exercised) on or I all covered workers at l January 30, 2022: 1 least $15.00 per hour (or l I the applicable wage rate l I listed on this wage 1 I determination, if it is I I higher) for all hours l I spent performing on the 1 I contract in 2022. 1 If the contract was awarded onl. Executive Order 13658 for between January 1, 2015 andl generally applies to the (January 29, 2022, and the I contract. 1 )contract is not renewed or 1. The contractor must pay alll lextended on or after January I covered workers at least 1 130,2022: 1 $11.25 per hour (or the I I applicable wage rate listed) I I on this wage determination,) I I if it is higher) for all I I I hours spent performing on 1 I I that contract in 2022. 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https:/Iwww.dol.gov/agencies/Whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 02/25/2022 M 04/29/2022 • PLUM0100-002 11/01/2021 Rates Fringes Plumbers and Pipefifters......... $ 34.48 13.07 " SUTX1991-004 09123/1991 Rates Fringes Laborers Common ......................$ 7.25 Utility .....................$ 7.467 •• Pipelayer ........................$ 7.828 •• Power equipment operators: Backhoe.....................$ 10.804 *" Crane .......................$ 10.942 •" Front End Loader ............ $ 9.163 " Tunneling Machine (48"" or less) .......................$ 9.163.. TRUCK DRIVER .....................$ 8.528 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. "" Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 1365E ($11.25). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/govemment-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification 17 and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union: negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/O1/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/1312014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. IF] WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination ' a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIO" IE%7 VENDORS COMPLIANCE TO STATE LAW Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. ❑ Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. ❑ Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. ❑■ Our principal place of business or corporate office is in the State of Texas. BIDDER/OFFEROR: Interstate Pipeline Utility Construction, LLC Company: Address: PO BOX 152957 0 Sign DALLAS TX 75315 Title: City State Zip Phone: (214) 296-9744 Jason Daniels (please THIS FORM MUST BE RETURNED WITH YOUR QUOTATION Vendors Compliance to State Law 20 CONFLICT OF INTEREST QUESTIONNAIRE 21 AFFIDAVIT AGAINST PROHIBITED ACTS I hereby affirm that I am aware of the provisions of Texas Penal Code Section 36.02, 36.08, 36.09 and 36.10 dealing with Bribery and Gifts to Public Servants. I further affirm that I will adhere to such rules and instruct and require all agents, employees, and sub -contractors to do the same. I am further aware that any violation of these rules subjects the Contract Agreement for this project to revocation, my removal from bid lists, prohibiting future contractisubcontract work, revocation of permits, and prosecution. Signat�e ATTE if corporation) 03/05/2024 Date Date Affidavit Against Prohibited Acts 22 PROPOSAL AND BID FORM Proposal and aid Form W PROPOSAL AND BID FORM Proposal of: Interstate Pipeline Utility Construction, LLC Address: PO BOX 152957 DALLAS, TX 75315 To the Honorable Mayor and City Council City of Anna, Texas (hereinafter called "Owner") Deadline for Submission of Sealed Competitive Bid: 02/09/2024 Date of Sealed Bid Opening: 02/09/2024 Gentlemen: (hereinafter called 'Bidder"). The Bidder, in compliance with your invitation for bids for the construction of: PROJECT NAME FM 455 Water Line Construction Phase 1 for the City of Anna, Texas, having carefully examined the plans, specifications, notice to bidders, invitation to bid and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated. The Bidder binds himself on acceptance of his proposal to execute the Contract Agreement and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project within ten (10) days of receipt of written "Notice to Proceed" and to fully complete the project within One Hundred and twenty ( t?o) consecutive calendar days, thereafter, as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum quoted below for each calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time of completion is of the essence for this project. For each day that any work shall remain uncompleted after the time specified in the proposal and the Contract Agreement, or the increased time granted by the OWNER, or as equitably increased by additional work or materials ordered after the Contract Agreement is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the CONTRACTOR: Proposal and Bid Form 24 AMOUNT OF CONTRACT Less than $25,000.00 $25,000.00 to $99,999.99 $100,000.00 to $999,999.99 More than $1,000,000.00 AMOUNT OF LIQUIDATED DAMAGES $100.00 Per Day $500.00 Per Day $500.00 Per Day $500.00 Per Day The sum of money thus deducted for such delay, failure or non -completion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the CONTRACTOR shall be in default after the time stipulated in the Contract Agreement for completing the work. The said amounts are fixed and agreed upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER in such event would sustain; and said amounts are agreed to be the amounts of damages which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under the Contract Agreement; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or its surety shall pay any additional amounts due. In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of ninety (90) calendar days from date of bid opening until the date that the project is awarded by the City Council. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications, and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed, as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for: 5% Greatest Amount Bid Dollars 5% GAB), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Proposal and Bid Form 25 Bidder understands and agrees that the Contract Agreement to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Invitation to Bid. The Contractor's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the specifications as shown on the Proposal, or elsewhere, is approximate only and not guaranteed. The Owner does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. Payment will be made on actual quantities installed at the unit bid price, and no claim will be made for anticipated profits for any decrease in profits. It is understood that the following quantities of work to be done at unit prices are approximate only and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit bid prices. Proposal and Bid Form %fy BID PROPOSAL FOR FM 455 Water Line Construction Phase 1 Recapitulations TOTAL BID: $ 762,005.00 Notice of award will be mailed to the undersigned at the following addresses: Interstate Pipeline Utility Construction, LLC Contractor By: Jason Daniels Jason Daniels TX Principal Place of Business (Corp. Seal if Bidder is Corporation) Attest: Secretary: Jason Daniels Acknowledgment is hereby made of receipt of the following Addenda, if any: No. 1 Date: 02/03/2024 No. 2 Date: Date: List Subcontracts (Company name, contact number and type of work): Proposal and Bid Form 27 REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS LIMITED SALES, EXCISE AND USE TAX Date: 03/05/2024 TO: City of Anna, Texas Municipal Building 120 W. 7th Street Anna,TX 75409 IN% The undersigned Contractor hereby requests a Certificate of Exemption from the Texas Limited Sales, Excise, and Use Tax in the amount of seven hundred sixty-two thousand and five ($ 762,005.00 ), which is an amount not exceeding the contract price of all materials and other tangible personal property to be furnished in connection with the subject property. The undersigned hereby represents that such materials and property have been or will be utilized in the performance of the Contract Agreement to the full extent or the amount for which such Certificate of Exemption is requested. (Seal if a Corporation) Interstate Pipeline Utility Construction, LLC M Company Jason Daniels (please print) Signature: Title: President PO BOX 152957 Address DALLAS, DALLAS, TX 75315 City, County, State and Zip (214) 296-9744 Telephone Proposal and Bid Form 28 THIS 2 Contract (hereinafter this "Contract Agreement") entered into this day of March , 2024 by and between the CITY OF ANNA, TEXAS, a Texas municipal corporation, ("City") and ("Contractor"), located at Dallas, TX WITNESSETH: Interstate Pipeline Utility Construction, LLC WHEREAS, the City wishes to contract for the project identified as FM 455 Water Line Phase 1 (the "Project"); and WHEREAS, the Project shall include all work and activities necessary to complete the following scope of work (hereinafter referenced as "Work"): water improvements in accordance with the Contract Documents as that term is defined herein; and WHEREAS, the Contractor has represented to the City that its personnel are qualified to provide the Work required in this Contract Agreement in a professional, timely manner as time is of the essence; and WHEREAS, the City has relied upon the above representations by the Contractor; and WHEREAS, the City's consulting engineer has recommended that an agreement for aforesaid construction be entered into with the Contractor; NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: Section 1. DOCUMENTS INCORPORATED BY REFERENCE This Contract Agreement includes the recitals set forth above and the following documents: • Invitation to Bid; • Notice to Bidders; • Qualification Statement of Bidders; • Qualification Statement of Bidder's Surety; • Prevailing Wage Rates for Municipal Construction in Anna, Texas; • Vendors Compliance to State Law; • Conflicts of Interest Questionnaire; • Affidavit Against Prohibited Acts; • Proposal and Bid Form; • Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax; • Contract Agreement; • Bidders Bond; Contract Agreement 29 • Performance Bond; • Payment Bond; • Maintenance Bond; • Certificate of Insurance; • Notice to Proceed; • Any executed Change Orders; • Supplementary General Provisions and Technical Specifications; and, • Plans, Specifications and Drawings and all other documents made available to bidder for his inspection in accordance with Invitation to Bid,' all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a part hereof (hereinafter along with this Contract Agreement and referenced collectively as the "Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification in the Work issued by the City, and any other amendments executed by the City and the Contractor, shall become and be a part of the Contract Documents. Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part of the Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed to be required in all documents. However, in the event of any conflict between any of the above -listed documents and this Contract Agreement, this Contract Agreement shall control. Section 2. REPRESENTATIONS OF THE CONTRACTOR In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the Contractor, by executing the Contract, makes the following express representations to the City: 2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the Project; 2.02 The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated; 2.03 The Contractor has received, reviewed and examined all of the documents which make up the Contract, including, but not limited to all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. Section 3. INTENT AND INTERPRETATION With respect to the intent and interpretation of the Contract, the City and the Contractor agree as follows: 3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes If plans, specifications or drawings are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. Contract Agreement any and all prior discussions, communications, representations, understandings, negotiations, or agreements. Contract Agreement 31 3.02 Anything that may be required, implied or reasonably inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor with no increase to the Contract Price; 3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the City and any person except the Contractor; 3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; 3.05 Wherever the Contract calls for "strict' compliance or conformance with the Contract Documents as to matters —other than compliance with time limits, providing an updated schedule, and claim and change order procedures —the term shall mean within tolerances as described specifically in the Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; 3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be followed by the phrase, "without limitation"; 3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply that any other, non listed item will not constitute a material breach of the Contract; 3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract, shop drawings, and other submittals and shall give written notice to the City of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the associated part of the Work. The express or implied approval by the City or its designee of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with the Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without such notice to the City, the Contractor shall assume responsibility for such performance and shall bear the costs for correction; 3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up the Contract, the following shall control: (1) as between this Contract Agreement and any other document, this document shall govern; or, (2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract Documents, and such conflict is not resolved by reference to the Supplementary General Provisions and Technical Specifications, then the Contractor shall notify the City immediately upon discovery of same for resolution. Contract Agreement 32 Section 4. CONTRACTOR'S PERFORMANCE The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following: 4.01 The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the work of other parties or expressly excluded by specific reference, in accordance with the terms herein. 4.02 The furnishing of any and all required surety bonds and insurance certificate(s) and endorsement(s); 4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project; 4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings, specifications, addenda, change orders and other modifications depicting all as -built construction. Said items shall be submitted to the City, along with other required submittals upon Completion of the Project, and receipt of same by the City shall be a condition precedent to final payment to the Contractor. The Contractor shall prepare and submit final as -built drawings to the City. Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS 5.01 The Contractor shall commence the performance of the Contract on the date set forth in the Notice to Proceed issued by the City Manager or the City Manager's designee and shall diligently continue its performance to and until Completion of the Project. The Contractor shall accomplish Completion (as defined herein below) of the Project not more than One Hundred and twenty 1z0 calendar days following the issuance of the Notice to Proceed, (sometimes hereinafter referred to as the "Contract Time"). This Contract Time includes Ten (10) inclement weather days. By signing the Contract, the Contractor agrees that the Contract Time is a reasonable time for accomplishing Completion of the Project and completion of the Project within the Contract Time is of the essence. 5.02 The Contractor shall pay the City the sum of $500 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing the Contract. When the City reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld over and above what ultimately came due as liquidated damages; 5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in writing by the City's consulting architect/engineer or other appropriate independent contractor or representative and approved by the City, the Project is at a level of completion in strict Contract Agreement 33 compliance with the Contract such that the City or its designee can enjoy beneficial use or occupancy and can legally occupy, use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 5.04 All limitations of time set forth herein are material and are of the essence of the Contract. 5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time scheduled in this Contract Agreement. In this connection, Contractor agrees that it will keep itself continually informed of the progress of the job and will, upon its own initiative, confer with the City so as to plan its Work in coordinated sequence with the work of the City, if any, and of others and so as to be able to expeditiously undertake and perform its work at the time most beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages sustained by the City for delays in performing the Work hereunder, other than for excusable delays, as set forth in 5.06 below, for which Contractor may be granted a reasonable extension of time. 5.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in transportation, unusually severe weather conditions, unavoidable casualties, delays specifically authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation, and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier, then the contract time shall be extended by Change Order for such reasonable time, if any, as the City may determine that such event has delayed the progress of the Work, or overall completion of the Work if the Contractor complies with the notice and documentation requirements set forth below. (1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time exceeding seven calendar days by any act or neglect of the City, an adjustment shall be made for any increase in the direct cost of performance of this contract (excluding profit, extended home office overhead, incidental or consequential damages or disruption damages) and the Contract modified in writing accordingly. The Contractor must assert its right under this section by giving written notice to the City Manager within 10 calendar days of the beginning of a delay, obstruction, hindrance or interruption by the City. No adjustment shall be made for any delay, obstruction, hindrance or interruption after final payment under this contract or to the extent that performance would have been so delayed, obstructed, hindered or interrupted by any other cause, including, but not limited to concurrent cause or fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract. The direct costs described above shall be limited to those direct costs attributable solely to this project, and shall be subject to documentation and verification of costs as required by the City. If unit prices are established in the Contract Documents or subsequently agreed upon, they shall form the basis for cost calculations under any claims for delay. (2) Any claim for extension of time shall be made in writing to the City, not more than 10 calendar days from the beginning of the delay. The notice shall indicate the cause of delay upon the progress of Work. If the cause of the delay is continuing, the Contractor must give such written notice every 10 calendar days. Within 10 calendar days after the elimination of any such delay, the Contractor shall submit further documentation of the delay and a formal Change Order request for an extension of time for such delay. (3) The written request for a time extension shall state the cause of the delay, the number of calendar days extension requested, and such analysis and other documentation as is Contract Agreement 34 reasonably requested by the City to demonstrate a delay in the progress of the Work or the overall project completion. If the Contractor does not comply with the above notice and documentation requirements, the claim for the delay shall be waived by the Contractor. The above notice and documentation requirements shall also be a condition precedent to the Contractor's entitlement to any extension of time. (4) Extensions of time will be the contractor's primary remedy for any and all delays, obstructions, hindrances, or interference. Payment or compensation, for direct costs only (as set forth above), may be made to the Contractor for hindrances or delays solely caused by the City if such delays or hindrances are within the City's ability to control and are not partially caused by the Contractor or any of its agents, subcontractors or others for whom it is responsible. No payment or compensation will be made for interference, obstructions, hindrances or delays which are not solely caused by the City and which the City fails to cure after a reasonable period after written notice. (5) Without limitation, the City's exercise of its rights under provisions related to changes to the Work, regardless of the extent or number of such changes, or the City's exercise of any of its remedies or any requirement to correct or re -execute defective Work, shall not under any circumstances be construed as delays, hindrances or interference compensable further than as described herein. Section 6. FIXED PRICE AND CONTRACT PAYMENTS 6.01 The City shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of $ 762,606.00 The price set forth in this Section 6.01 shall constitute the Contract Price, which shall not be modified except by Change Order or adjustment pursuant to approved unit prices, if any, as provided in the Contract. 6.02 The City shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this Section 6 and as set forth here: (1) On or before the 10'^ calendar day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a payment request for the period ending the last calendar day of the previous month (the "Payment Request"). Said Payment Request shall be in such format and include whatever supporting information as may be required by the City. Therein, the Contractor may request payment for 90% of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if offsite storage is approved in writing by the City), less the total amount of previous payments received from the City. Payment for materials stored offsite shall be at the discretion of the City and if approved, the Contractor shall provide appropriate documentation to substantiate materials are stored in a bonded warehouse or facility, title or other proof of ownership has been transferred to the City, and that materials have been purchased and paid for by the Contractor (copies of paid invoices must be submitted to the City with payment request). Risk of loss shall be borne by, and insurance must be provided by the Contractor while in storage, transit and use during construction. At 75% completion of the Contract, by dollar value, and at the option of the City, retainage may be reduced to 5% plus an additional amount as detailed in Section 6.06 below for any part of the Work that is defective or non -conforming and in Section 5.02 above for anticipated liquidated damages. Contract Agreement 35 (2) Amounts reflected in Change Orders may be included in Payment Requests to the extent they are not in dispute and subject to final approval of cost to the City for such changes in work. (3) Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of Work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with the Contract, and that the Contractor knows of no reason why payment should not be made as requested. (4) Thereafter, the City shall review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the work is as represented in the Payment Request and is as required by the Contract. The amount of each such payment shall be the amount approved for payment by the City less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by the Contract, subject to approval by the City. Approval of the Contractor's Payment Requests shall not preclude the City from the exercise of any of its rights as set forth in 6.06 herein below. (5) The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all work for which the City has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the City, also furnish to the City properly executed waivers of lien or claim, in a form acceptable to the City, from all subcontractors, materialmen, suppliers or others having lien or claim rights, wherein said subcontractors, materialmen, suppliers or others having lien or claim rights, shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights or other claims relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all work included in such payment shall be vested in the City. 6.03 When payment is received from the City, the Contractor shall within seven calendar days pay all subcontractors, material men, laborers and suppliers the amounts they are due for the work covered by such payment. In the event the City becomes informed that the Contractor has not paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have the right, but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder naming the Contractor and any such subcontractor, material man, laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement such a procedure, and will give the Contractor a reasonable period to cure any such failure prior to implementing the procedure. Such joint -check procedure, if employed by the City, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check as a co -payee and shall not be deemed to commit the City to repeat the procedure in the future. 6.04 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the City, nor any other act or omission by the City shall be interpreted or construed as an acceptance of any work of the Contractor not strictly in compliance with the Contract; 6.05 After written notice to the Contractor and a reasonable opportunity to cure, the City shall have the right to refuse to make payment, in whole or in part, and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to: Contract Agreement 0 (1) The quality of a portion, or all, of the Contractor's work not being in accordance with the requirements of the Contract; (2) The quantity of the Contractor's work not being as represented in the Contractor's Payment Request, or otherwise; (3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial Completion may be inexcusably delayed; (4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City, to pay Contractor's Project -related obligations including, but not limited to, subcontractors, laborers and material and equipment suppliers; (5) Claims made, or likely to be made, against the City or its property for which the Contractor or its agents or subcontractors or others for whom it is responsible are, or reasonably appear to be at fault; (6) Loss caused by the Contractor; (7) The Contractor's failure or refusal to perform any of its obligations to the City, after written notice and a reasonable opportunity to cure as set forth above. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Section 6.05, the Contractor shall promptly comply with such demand. The City's rights hereunder survive the term of this Contract Agreement, are not waived by final payment and/or acceptance, and are in addition to Contractor's obligations elsewhere herein. 6.06 When the Contractor believes that Substantial Completion has been achieved, the Contractor shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be finished. The City will thereupon conduct a site review to confirm that the Project is in fact substantially complete. If the City, through its review, finds that the Contractor's work is not substantially complete, and is required to repeat all, or any portion, of such review, the Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the City from any payment then or thereafter due to the Contractor. Guarantees and equipment warranties required by the Contract shall commence on the date of Substantial Completion. Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase total payments to the Contractor to 100% of the Contract Price less any amounts attributable to damages, and less 150% of the costs, as reasonably determined by the City, incurred for the City to complete any incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims. Such a calculation by the City of costs for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or otherwise as provided by law for any incomplete, defective or nonconforming work or claims that are discovered by the City after the date of making such calculation or after the date of any partial or final payment, whether or not such incomplete, defective or nonconforming work or claims were obvious or should have been discovered earlier. 6.07 When the Project is finally complete and the Contractor is ready for a final review, it shall notify the City thereof in writing. Thereupon, the City will perform a final site review of the Project. If the City concurs that the Project is complete in full accordance with the Contract and that the Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a final Approval for Payment to the City certifying to the City that the Project is complete and the Contract Agreement 37 Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat review(s), which costs may be deducted by the City from the Contractor's final payment; 6.08 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar days of the final Approval for Payment, with the exception of items in dispute or concerning which the City has exercised any of its rights to investigate or remove. Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY 7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all written and tangible material in its possession relevant to the conditions at the site of the Project. Such written and tangible material has been furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all. 7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the City in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The City shall investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under the Contract, whether or not changed as a result of such conditions, an adjustment shall be made, through negotiation and mutual agreement, and the contract modified in writing accordingly. Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK 8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof, as required herein, or with the diligence that will ensure its proper, timely completion in accordance with the contract documents, the City may instruct the Contractor, by written notice, to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed by the City. In the event the City issues such instructions to cease and desist, the Contractor must, within seven calendar days of receipt of the City's instructions, provide a written, verified plan to eliminate or correct the cause of the City's order, which plan appears to the City to be reasonable, actually attainable and in good faith. In the event that the Contractor fails and/or refuses to provide such a plan or diligently execute an approved plan, then the City shall have the right, but not the obligation, to carry out the Work, or any portion thereof, with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of the City performing such work, which costs may be withheld from amounts due to the Contractor from the City. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the City may have against the Contractor. If Work completed by the City or other contractor affects, relates to, is to be attached onto or extended by later Work of the Contractor, the Contractor shall, prior to proceeding with the later Work, and to the extent visible, report any apparent defects or variance from the Contract requirements which would render the Contractor's later Work not in compliance with the Contract requirements or defective or not in compliance with warranties or other obligations of the Contractor hereunder. Contract Agreement 38 8.02 The provisions of this section shall be in addition to the City's ability to remove portions of the Work from the Contract and complete it separately. Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the Contract Documents, the Contractor shall have and perform the following duties, obligations and responsibilities to the City: 9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are by reference hereby incorporated in this Section 9.01. The Contractor shall not perform work without adequate plans and specifications, or without, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing, or if through exercise of reasonable diligence it should have known that such work involves an error, inconsistency or omission in the Contract without first providing written notice to the City, the Contractor shall be responsible for such work and shall correct same bearing the costs set forth in Section 3.08 above. 9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, unless otherwise specified in the Contract Documents; 9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts, errors or omissions of those engaged in the work on behalf of the Contractor, including, but not limited to, all subcontractors and their employees. The Contractor shall maintain an on - site superintendent while any portion of the Work is being performed. The Contractor shall operate exclusively in the capacity of the City's independent contractor as to all work it performs under the Contract, and not as an agent, employee, or representative of the City; 9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified and competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new (unless otherwise specified) and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of the Contract. Any work not strictly complying with the requirements of this the Contract shall constitute a breach of the Contractor's warranty. 9.05 The Contractor will be responsible for acquiring all required permit(s)—except as specifically stated in Section 22.01 below —and calling for all required or routine inspections. The Contractor will cooperate with and abide by the decision of inspectors having jurisdiction. Should the Contractor have a dispute with any inspector or entity having jurisdiction, the Contractor shall promptly notify the City Manager or the City Manager's designee. The Contractor shall comply with all legal requirements applicable to the work 9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: Contract Agreement 39 NAME Alan Daniels FUNCTION Superintendent If at any time the City reasonably determines that any employee of the Contractor is not properly performing the Work in the best interest of the City or the Project, or is hindering the progress of the Work, or is otherwise objectionable, the City shall so notify the Contractor, which shall replace the employee as soon as possible, at no increased cost to the City. 9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior to submittal of the first application for payment. The City will not review any payment request until such schedule has been submitted and approved. Such schedule shall be in a form as specified in the Contract or which shall have been approved by the City Manager or the City Manager's designee, and which shall provide for expeditious and practicable construction of the Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total project. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of the Contract. 9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the City during all regular business hours. 9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the City or as required by the Contract Documents. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents or Contract requirements. However, approval by the City shall not be evidence that work installed pursuant thereto conforms with the requirements of the Contract, and shall not relieve the Contractor of responsibility for deviations from the Contract unless the City has been specifically informed of the deviation by a writing incorporated in the submittals and has approved the deviation in writing. The delivery of submittals shall constitute a representation by the Contractor that it has verified that the submittals meets the requirements of the Contract, or will do so, including field measurements, materials and field construction criteria related thereto. The City shall have no duty to review partial submittals or incomplete submittals. The Contractor shall have the duty to carefully review, inspect, examine and physically stamp and sign any and all submittals before submission of same to the City. 9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the acts of its employees, materialmen and subcontractors in a reasonably clean condition during performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do Contract Agreement so, the City may complete the cleanup, by its own forces or by separate contract, and shall be entitled to charge the Contractor for same through the collection or withholding of funds through the mechanisms provided elsewhere in this Contract Agreement; 9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to enter upon the Project site and any offsite lay down areas, safety permitting, and to review or inspect the work and any materials on any such site, without formality or other procedure. 9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its forces reasonably accommodate the forces of the City and other contractors hired by the City. The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor claims that delay or damage results from these actions of the City, it shall promptly submit a claim as provided herein. 9.13 Protection of persons and property. (1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety programs and precautions in the performance of the terms of the Contract. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to its employees, subcontractors' employees, employees of the City and members of the public, the Work itself and unassembled components thereof, and other property at the site or adjacent thereto. As part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all necessary and prudent safeguards, barriers, signs, warnings, etc. (2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work or any person or property described herein caused in whole or in part by the acts of the Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall be in addition to the requirements of Section 10 herein. The City may direct the Contractor to remedy known violations of applicable laws, rules, regulations, and interpretations related to safety when and if observed on the site. However, through exercising this authority the City shall not incur any obligations to monitor, initiate, continue, or supervise safety programs and precautions such to diminish the Contractor's primary role in same. The City shall have the right to report suspected safety violations to the Occupational Safety and Health Administration (OSHA) or other appropriate authorities. (3) The Contractor shall promptly notify the City upon discovery of any unidentified material which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous material, and shall immediately stop work in the affected area of the Project. The Contractor shall not be responsible for removal or other work with regard to such hazardous material unless otherwise agreed between the City and the Contractor. In the case of work stopped due to the discovery of hazardous materials, Section 6 shall apply to claims for delay, hindrance or interference. Work will resume in the affected area of the Project immediately after such time as the hazardous material has been removed or rendered harmless, as certified by an industrial hygienist to be engaged by the City. 9.14 The Contractor warrants to the Owner that materials and equipment furnished under the Contract are of good quality and new unless otherwise required or permitted under the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for Contract Agreement 41 damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Section 10. INDEMNITY Except for expenses or liabilities arising from the negligence of the City, the Contractor hereby expressly agrees to indemnify and hold the City harmless against any and all expenses and liabilities arising out of the performance or default of the Contract as follows: 10.01 Contractor shall indemnify, and hold harmless, to the maximum extent permitted by law, City and its officers, agents, employees, and consultants from and against any and all liability, damages, losses, (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless, of whether the allegations are false, fraudulent or groundless), and costs (including reasonable attorney's fees, litigation, arbitration, mediation, appeal expenses incurred in any matter, including a proceeding to enforce this Section 10) which in whole or in part are caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed by or utilized by the Contractor in Contractor's performance of this Contract Agreement. 10.02 Contractor's obligation to indemnify, defend and hold harmless shall remain in effect and shall be binding upon Contractor whether such injury or damage shall accrue, or may be discovered, before or after termination of the Contract. 10.03 Contractor's failure to comply with this section's provisions shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. Section 11. CLAIMS BY THE CONTRACTOR Claims by the Contractor against the City, other than for time extensions covered by Section 6 hereof, are subject to the following terms and conditions: 11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City. Notice of such claim shall be received by the City no later than either 10 calendar days after the event, or 10 calendar days after the first appearance of the circumstances causing the claim, whichever is sooner, and same shall set forth in detail all known facts and circumstances supporting the claim. Final costs associated with any claim upon which notice has been filed must be submitted in writing to the City within 30 calendar days after notice has been received; 11.02 The Contractor and the City shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor including claims set forth in Section 6 hereof; 11.03 In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price may, with the approval of the City, be modified, either upward or downward, upon the written notice of claim made by either party within 10 calendar days after the first appearance to such party of the circumstances. Final costs must be submitted within 30 calendar days after such notice is received by the City, unless extended by written agreement of the parties. As a condition precedent to the City having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the City written notice of, and an opportunity to observe, such condition prior to disturbing Contract Agreement 42 it. The failure by the Contractor to give the written notice and make the claim as provided by this Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; 11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefor, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of Section 11.01 above and such claim shall be made by the Contractor before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation; 11.05 In connection with any claim by the Contractor against the City that would result in compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in this regard shall be limited to those cost categories set forth in Section 13.07 below. . Section 12. SUBCONTRACTORS 12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing, those parties required to be listed on the proposal form as subcontractors on the Project. Any changes to this list at any time shall be subject to the prior approval of the City. The City shall, in writing, state any objections the City may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor to whom the City objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals from potential replacements and shall submit the three lowest proposals to the City, along with the Contractor's proposed choice as replacement. If the approved replacement subcontractor's cost is verified to be higher than the removed subcontractor, the excess shall be added to the Contract Price, unless the subcontractor in question has to be removed due to a default, or deficient performance. If the approved replacement subcontractor's cost is lower than the removed subcontractor, the difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to those listed in Section 13.07 below. All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights of Contract termination as set forth herein below. 12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the City, contingent upon the termination of the Contract for default or convenience as provided herein, and only as to those subcontracts which the City accepts in writing directed to the Contractor. This contingent assignment is subject to the prior rights of any surety obligated under a bond related to the Contract. This contingent assignment will operate prospectively from the effective date of assignment, and will not obligate the City to any liabilities existing on the effective date of the assignment, or arising from events, acts, failures to act, facts or circumstances existing prior to the effective date of the assignment. The contracts subject to this contingent assignment shall also be further assignable by the City, at the City's sole option. The Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment and including it in all subcontracts in connection with the Project. Section 13. CHANGE ORDERS 13.01 The City Manager or the City Manager's express designee shall be the sole authorized representative of the City. Other than in matters of public safety or in time of emergency Contract Agreement 43 management, the Contractor shall not take direction or act upon information from any City personnel other than the City Manager's expressly authorized designee(s). 13.02 One or more changes to the work within the general scope of the Contract may be ordered by Change Order. The City may also issue written directions for minor changes in the Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the following terms and conditions: 13.03 Change Order shall mean a written order directed to the Contractor executed by the City after execution of the Contract, directing a change in the work. A Change Order may include a change in the Contract Price, (other than a change attributable to damages for delay as provided in Section 6 hereof), or the time for the Contractor's performance, or any combination thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient time to execute a bilateral change, the City may also direct a change in the Work in the form of a Construction Change Directive, which will set forth the change in the Work and the change, if any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order; Construction Change Directives shall include a not -to -exceed preliminary price, against which the Contractor may begin billing (subject to the requirements for pay applications elsewhere herein) as the work is performed. (1) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the City, with any proposal for a contract modification. (2) The price breakdown (a) must include sufficient detail to permit an analysis of all costs for material, labor, equipment and subcontracts, and (b) must cover all work involved in the modification, whether the work was deleted, added or changed. (3) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. (4) The Contractor's proposal shall include a complete justification for any time extension proposed. 13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (1) By mutual agreement between the City and the Contractor as evidenced by (a) the change in the Contract Price being set forth in the Change Order, (b) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor's execution of the Change Order; or, (2) If no mutual agreement occurs between the City and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct job site overhead and profit but shall not include home -office overhead or other indirect costs or components. The calculation of actual costs shall conform to the markup schedule in Section 13.07 below. Any such costs or savings shall be documented in the format, and with such content and detail as the City requires. Contract Agreement 44 The Contractor shall promptly submit such documentation and other supporting materials as the City may require in evaluating the actual costs incurred or to be incurred. 13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractors agreement to the ordered changes in the work, the Contract as thus amended, the Contract Price and the time for performance by the Contractor, regardless of the nature, amount or extent of the changes. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to, arising out of or resulting from the work included within or affected by the executed Change Order of which the Contractor knew or should have known. 13.06 The Contractor shall notify and obtain the consent and approval of the Contractors surety with reference to all Change Orders if such notice, consent or approval are required by the City, the Contractors surety or by law. The Contractor's execution of the Change order shall constitute the Contractor's warranty to the City that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. 13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions apply: Contractor's or Subcontractor's Materials shall include the cost of materials, sales tax, and the cost of all transport. The cost of items listed shall be directly related to the Change Order. Indirect costs not specifically related to the Change Order shall not be considered. Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of directly involved workmen, employer contributions towards company standard benefits, pensions, unemployment or social security (if any), and employer costs for paid sick and annual leave. Contractor's or Subcontractor's Overhead shall include license fees, bond premiums, supervision, wages of timekeepers and clerks, incidentals, home and field office expense, and vehicle expense directly related to the Project, and all other direct Project expenses not included in the Contractor's materials, direct labor, and equipment costs. The allowance for Overhead and Profit shall be limited to the following schedule: 1. For the Contractor, for any work performed by the Contractors own forces, 10% of the Subtotal of Costs to the Contractor. 2. For the Contractor, for any work performed by his Subcontractor, 5% of the amount due the Subcontractor. 3. For each Subcontractor or Sub -subcontractor involved, for any work performed by their own forces, 10% of their materials and direct labor costs. 4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of the amount due the Sub -subcontractor. Contract Agreement 45 For Change Orders, the total cost or credit to the Owner shall be based on the following schedule: Contractor's Materials Cost + Contractor's Direct Labor Costs + Contractor's Equipment Costs (includes owned/rental equipment)' + Applicable Subcontractor Costs = Subtotal of Costs to the Contractor + Contractor's Overhead and Profit = Total Cost or Credit to the Owner 13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section 6.05 above. Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK 14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract or in violation of an instruction from the City, such work shall be uncovered and displayed for review by the City and/or its consultants upon request, and shall be reworked at no cost in time or money to the City. 14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01 above, it shall, if directed by the City, be uncovered and displayed for the City and/or its consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the City. Otherwise, such costs shall be borne by the Contractor. 14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the City for all testing, review, inspections and other expenses incurred as a result thereof. 14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any manufacturer's warranties provided on the Project, and in addition to other remedies provided herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12 months following Substantial Completion upon written direction from the City. 14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, or (2) the difference Owned Equipment For equipment owned by the Contractor, actually used in Change Order work including sales tax, or any related business entity, regardless of whether Contractor leases such equipment from the related business entity, the cost shall be the lesser of (1) the Contractor's actual ownership cost, or (ii) 85% of the applicable ownership cost listed in the most recent edition of the Contractor's Equipment Cost Guide, published by Dataquest. Third Party Rental Equipment For equipment actually rented by the Contractor, actually used in Change Order work including sales tax, from an unrelated third party, the cost shall be the lesser of (i) the Contractor's actual rental cost, or (ii) 85% of the applicable equipment rates based on the most recent edition of the Rental Rate Bluebook for Construction published by Dataquest. A reasonable rental cost shall be allowed as determined by the City Manager or the City Managers designee when machinery and construction equipment not so listed is required. Contract Agreement M. between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the City, pay the City such remaining compensation for accepting defective or nonconforming work. The Contractor shall have an opportunity to correct any defect or non- conformance prior to the City taking the above actions. The contractor, upon written notice of any defect or non-conformance, shall have 10 calendar days to make corrections, unless the City agrees that the correction will require more than 10 calendar days to correct. Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE 15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the City shall have the right at any time to direct the Contractor to suspend its performance, or any designated part thereof when in the interests of the City. If any such suspension is directed by the City, the Contractor shall immediately comply with same. 15.02 In the event the City directs a suspension of performance under this section, through no fault of the Contractor, if the suspension is lifted other than by Termination, the City shall pay the Contractor as full compensation for such suspension the Contractor's ordinary and reasonable costs, actually incurred and paid, of: (1) demobilization and remobilization, including such justifiable costs paid to subcontractors (cost categories and markups limited to those set forth in Section 13.07 above); (2) preserving and protecting work in place; (3) approved storage of materials or equipment purchased for the Project, including insurance thereon; and (4) substantiated extended field office overhead (but no home -office overhead). 15.03 The City may order suspension of the Work in whole or in part for such time as deemed necessary because of the failure of the Contractor to comply with any of the requirements of this Contract Agreement, and the Contract Agreement's completion date shall not be extended on account of any such suspension of Work. When the City orders any suspension of the Work under this Section 15.03, the Contractor shall not be entitled to any payment for Work which the Contractor performs after notice of suspension and/or during the suspension period and shall not be entitled to any costs or damages resulting from such suspension. 15.04 The City's rights under this section shall be in addition to those contained elsewhere in the Contract or provided by law. Section 16. TERMINATION BY THE CITY The City may terminate the Contract in accordance with the following terms and conditions: 16.01 Termination for Convenience. The City may, when in the interests of the City, terminate performance under the Contract by the Contractor, in whole or in part, for the convenience of the City. The City shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection Contract Agreement 47 with the work so terminated, other than warranties and guarantees for completed work and installed equipment, and the Contractor shall stop work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts for the affected work. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the City or its designee. The Contractor shall transfer title and deliver to the City such completed or partially completed work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has in its possession or control. When terminated for convenience, the Contractor shall be compensated as follows: (1) The Contractor shall submit a termination claim to the City specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the City. If the Contractor fails to file a termination claim within six months from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with subsection (3) below. (2) The owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (3) Absent agreement to the amount due to the Contractor, the owner shall pay the Contractor the following amounts: (a) Contract costs for labor, materials, equipment and other services accepted under the Contract; (b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct job site overhead and earned profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it reasonably appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subsection (3)(a) above —if contingent assignment of such contracts has not been elected as provided herein —shall not include amounts paid in accordance with other provisions of the Contractor. This clause is subject to and the Contractor shall be limited by the City's rights to direct the replacement of subcontractors under Section 12.01. The total sum to be paid the Contractor under this Subsection (3) shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of the Contract, then the City, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor, in whole or in part at the City's sole option, and Contract Agreement 48 assume possession of the Project site and of all materials and equipment at the site and may complete the work. In such case, the Contractor shall not be paid further until the work is complete. After Completion has been achieved, if any portion of the Contract Price, as it may be modified hereunder, remains after the cost to the City of completing the work, including all costs and expenses of every nature incurred, has been deducted by the City, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the City for cause pursuant to this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply. 16.03 Termination for Non -Appropriation. The City may also terminate the Contract, in whole or in part, for non -appropriation of sufficient funds to complete or partially complete the Project, regardless of the source of such funds, and such termination shall be on the terms of Section 16.01. 16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or provided by law. Section 17. INSURANCE 17.01 Contractor shall be responsible for all damage to person and or property resulting from its negligent acts, reckless or intentional misconduct, errors or omissions or those of their subcontractors, agents or employees in connection with such services and shall be responsible for all parts of its work, both temporary and permanent. 17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to the minimum requirements set forth in this Contract Agreement. Contractor shall not commence work until the required insurance is in force and evidence of insurance acceptable to City has been provided to, and approved by, City. An appropriate Certificate of Insurance shall be satisfactory evidence of insurance. Until such insurance is no longer required by the Contract, Contractor shall provide City with renewal or replacement evidence of insurance at least 30 days prior to the expiration or termination of such insurance. 17.03 Workers' Compensation/Employer's Liability Insurance Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $1,000,000 for each accident. General Liability Insurance Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. Automobile Liability Insurance Contract Agreement 49 Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. 17.04 Contractor shall furnish insurance certificates or insurance policies at the City's request to evidence such coverages. Except for workers compensation, the insurance policies shall name the City as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 17.05 Compliance with these insurance requirements shall not limit the liability of Contractor. Any remedy provided to the City by any insurance maintained by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Contractor) available to the City under the Contract or otherwise. 17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve Contractor from responsibility to provide insurance as required by this Contract Agreement. 17.07 Contractor shall deliver to City the required certificate(s) of insurance and endorsement(s) before City signs this Contract Agreement. 17.08 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. In the event of any termination or suspension, City may use the services of another consultant or consultants, without City's incurring any liability to Contractor. 17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or renew the insurance. City may offset the cost of the premium against any monies due Contractor from City. 17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days notice for any change, cancellation, or non -renewal. Such Certificates shall contain the following wording: "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN." If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City at least 30 days prior to the renewal date. 17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the full replacement cost of the completed project. This coverage shall name City as an additional insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in the Work, and must be procured from an insurer licensed to do business in the State of Texas with a Best's rating of "A+, A. A-". The policy must insure against perils including, but not limited to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or damage, including theft, vandalism and malicious mischief. Contract Agreement 50 Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS 18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance Bond meeting the standards specified in the Contract Documents, on the forms provided by the City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than the Contract price. 18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance Bond shall be written through a reputable and responsible surety bond agency licensed to do business in the State of Texas and with a surety which holds a certificate of authority authorizing it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570. However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence satisfactory to the City, that such excess risk has been protected in an acceptable manner. 18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if, at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if, for any reason, such bond (because of increases in the work or otherwise) ceases to be adequate, the Contractor shall, at its expense within five days after the receipt of notice from the City so to do, furnish an additional or replacement bond or bonds in such form, amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payments to the Contractor shall be deemed to be due under the Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. 18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas agent whose name shall be listed in the prescribed space on the forms provided by the City for all bonds required by the City, or otherwise listed therein if the form of the Bond is not prescribed by the City. Section 19. PROJECT RECORDS All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the City and/or its consultants for inspection and copying upon written request by the City. Furthermore, said documents shall be made available, upon request by the City, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor. The Contractor shall maintain and protect these documents for not less than three years after completion of the Project, or for any longer period of time as may be required by law or good construction practice. The Contractor further agrees to include these provisions in any subcontracts issued by him in connection with this Contract Agreement. Agreement 51 Section 20. APPLICABLE LAW The laws of the State of Texas shall govern this Contract Agreement. In any litigation arising under this Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such litigation shall be litigated only in a non -jury hearing in Collin County, Texas. Contract Agreement 52 Section 21. SUCCESSORS AND ASSIGNS Each party binds itself, its successors, assigns, executors, administrators or other representatives to the other party hereto and to successors, assigns, executors, administrators or other representatives of such other party in connection with all terms and conditions of the Contract. The Contractor shall not assign the Contract without prior written consent of the City. Section 22. MISCELLANEOUS PROVISIONS 22.01 Construction Permits. The City hereby agrees to waive the charge for a City -issued building permit for this Project. However, the Contractor is responsible for obtaining all permits or fees otherwise required of the Contractor by the Contract Documents, or permits and fees customarily the responsibility of the Contractor. 22.02 Compliance By Contractor: Nondiscrimination. Contractor shall comply with all Federal, State and local laws, ordinances, rules and regulations of any authorities throughout the duration of the Contract. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation and shall hold City harmless and indemnify same in the event of non- compliance. Contractor further agrees to abide by the requirements under Federal Executive Order Number 11246, as amended, including specifically the provisions of the equal opportunity clause. 22.03 State and Local Taxes. Except as otherwise provided, contract prices shall include all applicable state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or expense incurred by, levied upon or billed to the City as a result of Contractor's failure to pay any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that the above sections are included in all subcontracts and sub -subcontracts, and shall ensure withholding on out of state sub and sub -subcontractors to which withholding is applicable. 22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the following: If to the City: City of Anna Attn: City Manager 120 West 7tn Street P.O. Box 776 Anna, Texas 79406 If to the Contractor: Interstate Pipeline Utility construction, LLC PO BOX 152957 TX 75315 Contract Agreement 53 Section 23. ENTIRE AGREEMENT Aside from duly authorized Change Orders, any modification to this Contract Agreement must be supported by an additional, articulated consideration, and must either be in writing, executed by the parties hereto, or, if made orally, should be confirmed in writing, which writing should state the consideration which supports the modification. Failure to confirm an oral modification in writing shall constitute a waiver of any claim for additional compensation with regard to the oral modification. Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in Section 14 herein. Section 24. SEVERABILITY If any term or condition of the Contract or the application thereof to any person(s) or circumstances is held invalid, this invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the Contract are agreed to be severable. Section 25. WAIVER Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or subsequent breach, and shall not entitle any parry hereto to any subsequent waiver of any terms hereunder. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under their respective seals on the day and year first written above. (SEAL) (Contractor) BY: Jas6 Daniels ATTEST SEC Y (SEAL) Contract Agreement MI BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, that Interstate Pipeline Utility Construction, LLC Employers I/u4W Casu ry Company (hereinafter called the Principal(s)), as Principal(s), and anaunion Nau2n[eC Oamy of PMMMW (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of Five Percent of the Greatest Amount Bid Dollars ($ 5% G.A.B. ) (an amount equal to five percent of the Total Bid Price, including Cash Allowances and Alternate Bids, if any) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted on or about this day a proposal offering to perform the following project: FM 455 Water Line Construction Phase 1 NOW, THEREFORE, if the said Principal's bid as stated in its proposal is accepted by the City, and said Principal executes and returns to the City the number of original counterparts of the Contract Agreement required by the City, on the forms prepared by the City, for the work described herein and also executes and returns the same number of the Performance, Payment and Maintenance Bonds (such bonds to be executed by a Corporate Surety authorized by the State Board of Insurance to conduct insurance business in the State of Texas, and having an underwriting limitation in at least the amount of the bond) in connection with the work described herein, within the time specified, then this obligation shall become null and void; otherwise it is to remain in full force and effect. In the event that the Principal is unable to or fails to perform the obligations undertaken herein, the undersigned Principal and Surety shall be liable to the City for the full amount of this obligation which is hereby acknowledged as the amount of damages which will be suffered by the City on account of the failure of such Principal to perform such obligations, the actual amount of such damages being difficult to ascertain. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. Bonds 55 IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this 9th day of February , 2024 Employers Mutual Casualty Company and Union Insurance Company of Providence Surety By: Print Name: Cynthia Aiford Interstate Pipeline Utility Construction, LLC Principal A Print Name: Title: Attorney -in -Fact Title: Address: P.O. Box 712, Des Moines, IA 50306-0712 Address: P.O. Box 152957 P.O. Box 9190, Des Moines, IA 50306-9190 Dalias, TX 7531 Phone/Fax: (515) 290-2511 Phone/Fax: (214) 296-9744 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates Brady K. Cox , an agent resident in Collin County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Employers Mutual Casualty Company and Union Insurance Comoanv of Providence Surety By: Print Name: Brady K. Cox Address: 500 N. Central Expressway, Suite #550 Plano, TX 75074 Phone/Fax: (972) 331-3759 NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. Bonds 56 /EMC P O. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation herainatter referred to severally as "Company' and collectively as'Companies', each does, by these presents. make, constitute antl appoint. Cynthia Alford as true and lawful adomey-in-fact. with full power and authority conferred to sign. seal. and execute the Bid Bond Any and All Bonds and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly autorized officers of each such Company, and all of the acts of said attorney pu isuanl to the authority hereby given are hereby ratified and confirmed AUTHORITY FOR POWER OF ATTORNEY This Powerof-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regulariy, scheduled meeting of each company duty called and held in 1999: RESOLVED: The President and Chief Executive Officer. any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys-m-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other wdfings obligatory in the nature thereof: and (2) to remove any such attorney -in -tact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terns and limitations of the powerof-attomey issued to them. to execute and deliver on behalf of the Company and to attach the seal of the Company thereto, bonds and undertakings, reeognbances, contracts of indemnity and other wnibngs oal galory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechmdcally reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a ceru7ied copy of any powerof-attomey of the Company. shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these prow istobesign toreach bytheir officers asshown, and the Corporate sealsto hereto affixed this 22nd day of September 2022 . Seals y ;y � �,;• <<o::a;M1;, :.';:'!Wait R. Jean. P ant 8 CEO Todd Strother.Executive Vice President o • of Company 1; rman. President Chief Legal Officer& Secretary of ' F ; & CEO of Corn ies 2, 3, 4. 5 & 5 Companies 1, 2, 3, 4. 5 & 6 £;• SEAL ; ; : ;, 18863 1953 ; =?' SEAL ; 5:I SEAL 'f_ y SEAL !p conniacrt hmu.r KATW LOVERIDGE T1te7N aro0er ra, � s Onthis 22nddayof September 2022 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Stmther, who. being by me duty swum, did say that they are, and are known to Ire to be the CEO, Chairman, President, Executive Vice President. Chief Legal Officer and/or Secretary, respectively, of each of the Companies above: that the seals affixed to this instrument are the seals of Said Corporations', that Said instrument was signed and seated on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strainer, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed. and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2025. CERTIFICATE Notary Pub in curd for the State of oA wa I, Ryan J. Sprrgu. Vice Pres:denl o !F_ Cc -. 1, . :r. , :. , 0' and this Power of Attorney Issued pursuant thereto on 22nd day of September . 2022 , are rue and correct and are sill in full force and effect. In Testimony Whereof I have subscribed my rams and affixed the la;.lmile seal of each Company this 9th day of February 2024. _ Vice President 7854 (9-22) 90215a3•NA 10028 931 A 000r" "For verification of the authenticity of the Power of Attorney you may call (515) 345.7548." /EMC INSURANCE IMPORTANT NOTICE To obtain information or to make a complaint: You may call EMC Insurance Companies' toll free telephone number for information or to make a complaint at: 1-800-223-0562 You may also write to EMC Insurance Companies at: P.O. Box 1739 Wichita, KS 67201-1739 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, Texas 78714-9104 FAX: (512) 490-1007 Web: www.tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: AVISO IMPORTANTE Para obtener informacion o pars presenter una queja: Usted puede Ilamar al numero de telefono gratuito de EMC Insurance Companies' pare obtener infonnaci6n o pare presenter una queja al: 1-800-223-0562 Usted tambien puede escribir a EMC Insurance Companies: P.O. Box 1739 Wichita, KS 67201-1739 Usted puede comunicarse con el Departamento de Seguros de Texas para obtener informaci6n sobre compafiias, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, Texas 78714-9104 FAX: (512) 490-1007 Sitio web: www.tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the DISPUTAS POR PRIMAS DE SEGUROS O dispute is not resolved, you may contact the Texas RECLAMACIONES: Department of Insurance. Si tiene una dispute relacionada con su prima de ATTACH THIS NOTICE TO YOUR POLICY: sequro o con una reclamaci6n, debe communicarse This notice is for information only and does not become con el agente primero. Si la dispute no es resuella, a part or condition of the attached document. usted puede communicarse con el Departemento de Seguros de Texas. ADJUNTE ESTE AVISO A SU P6LIZA: Este aviso es solamente pare prop6sitos informativos y no se convierte an parte o an condici6n del documento adjunto. ILB044(6d5) Page 1 of 1 Bond No. S043110 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Interstate Pipeline Utility Construction, LLC(hereinafter Employers Mutual Casualty Company called the Principal(s)), as Principal(s), and and Union lnswanoe Company of providence (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of Seven Hundred Sixty -Two Thousand Five and 00/100 Dollars ($762,005.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the _ /1411 day of KOLA , o O;o , for the following project: FM 455 Water Line Construction Phase 1 and said Principal under the law is required before commencing the work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code (Article 5472d for Private Work)' of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270. Bonds 57 IN WITNESS WHEREOF, the said Principal(s) and Surety s) have signed and sealed this instrument this& f-'' day of Main , 20 Employers Mutual Casualty Company and Union Insurance Company of Providence Surety By: Print Name: Neira Hernandez Hernandez Title: Attorney -in -Fact Address: €sr�Q!cyefs: P.O. Box 712Des Moines IA 50306-0712 Ulm. P.O. Box 9190 Des Moines IA 50306-9190 Phone/Fax: 515-260-2511 Interstate Pipeline Utility Construction, LLC Princi I By: Print N me: VCtSrn r Title: Pres of,� Address: P.O. Box 152957 Dallas, TX 75315 Phone/Fax: 214-296-9744 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates Brady K. Cox , an agent resident in Collin County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Employers Mutual Casualty Company and Union Insurance Company of Providence By: I l' G 4 Print Name: Srad K. Co c Address: 500 N Central Expy Ste 550 Piano, TX 75074 Phone/Fax: 972-461-7300 NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has the authority to sign such obligation. If signed by an Attorney -in -Fact we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. Bonds 58 /EMC P.O. Box 712 • Des Moines, Iowa 5030"712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred.to severally as `Company' and collectively as 'Companies', each does, by these presents, make, constitute and appoint: Neira Hernandez its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s): Surety Bond Principal: Number Interstate Pipeline Utility Construction, LLC SO43110 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER, OF ATTORNEY This Powerof-Atlomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute an behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such aftomsy-in-fact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, reoegnizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Codification as to the validity of any power-ofattomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any powerof-attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. ININITNESSTHEREOF, the Companies have caused these presents tobesign for each by their officers as shown, and the Corporate seals to be hereto affixed this 22nd dayof September 2022 . Seals �• �/ UGT�(lr -L . �o �`t%4q„'•,, ,�`�GOMagryy, A, Cq •.,; ott R. Jean, P Ident & CEO Todd Strother,ExecuWe Vice President of Company 1; irman, President Chief legal Officer & Secretary of � ��• =; >?'� F;;' 6;a= &CEO ofCom nies2,3,4.6&.6 Companies 1, 2, 3. 4, 5 & 6 y�SEAL -'A- ;x; 1863�: 0'=:0; 1953 - •!town", '��?:3?`;� +, +'a'.v.*,• 22nd September 2022 Onthis day of P before meaNotary Public inand for the State • of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, `I.... Oe': ;'S ..w:: �e % did say that they are, and are known to me to be the CEO, Chairman, President, Executive �`S�•C•tORij`!, .PF��u�Fa01��^ CO - 4.P�'O•>OR��i q� Vice President, Chief Legal Officer and,,orSecretary, respectively, of each of the Companies w: SEAL g SEAL _ g_ W :SEAL =� above; that the seals affixed to this instrument are the seals of said corporations; that said �,,,,, ,;, ;•yD,.•, , ;F;;,,,.,,`; instrument was signed and sealed on behalf of each of the Companies by authority of their owR •, m o �,, av Es. respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and,the voluntary act and deed of each of the Companies. 1. NATHYLOVERIDfiE My Commission Expires October 10, 2025. FCarvrYwkn Wmhr7 769 oc�'° 7a�i's" �11/1 O�ffizl gall Notary PublitYin and for the State of wa %,CE TIFICATE -Iv Ryan J. Springer,.Vice Presifent otiha,Conpanies, do herehy cer itat the foregoing resolution of the Boards of Directors by each of the Companies, and this Pcwer.of Aitorng issuedpursuartn eretaon--22bd dayzbf CSe`ptembe�,_2022 , are true and correct and are still in full o�rce and effect. In Testim m-y Whereof I have sutiseribed my name and"eNxed the facsimile seal of each Company this Vice President 7851 (9-22) S043110-NA 10028 931 AC 008500 "For verification of the authenticity of the Power of Attorney you may call (515) 345-7648." Bond No. S043110 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that interstate Pipeline utility construction, u.c(hereinafter called the Principal(s)) as Principal(s) and Employers Mutual Casualty Company and loyer Ine t,a l o Casualty Co or any n ce (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of: Seven Hundred Sixty -Two Thousand Five and 00/100 Dollars ($ 762,005.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the W11 day of Monti, a)a1 , for the: FM 455 Water Line Construction Phase 1 and said Principal under the law is required before commencing work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract Agreement, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. Bonds 59 IN WITNESS WHEREOF, the ►�sAAaid Principal(s) and Surety(s) have signed and sealed this instrument this k 4 I- day of 0.10A 20Q4 , Employers Mutual Casualty Company and Union Insurance Company of Providence Surety By: Print Name; Neira Hernandez Title: Attorrtey-irr Fact Address: P.O. Box 712, Des Moines, IA 50306-0712 - Union: P.O. Box 9190, Des Moines, IA 50306-9190 Phone /Fax: 515-280-2511 Interstate Pipeline Utility Construction, LLC By: Print Nare. Title: i/PS�fi�P Address: P.O. Box 152957 TX 75315 Phone/Fax: 214-296-9744 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates Brady K. Cox , an agent resident in Collin County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Employers Mutual Casualty Company and Union lnlnsurance Company of Providence Surety By: Print Name: Brady K. Cox Address: 506 N Central Exvy Ste 550 Plano, TX 75074 Phone/Fax: 972-461-7300 NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has the authority to sign such obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. Bonds 60 /EMC P.O. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4, Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies', each does, by these presents, make, constitute and appoint: Neira Hernandez its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s): Surety Bond Principal: Number interstate Pipeline Utility Construction, LLC SO43110 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Atlomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey4n-fact at any time and revoke the power and authority given to him or her. Altomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attomey Issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-ofaffomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be 22nd day of September , 2022 . y�-GPPONS) CE% Q2e. ` OR��' O,•� � Q�{�l„PCNyP.� 9% =2 SEAL 1863MA GS-: aPsoeq?�Pte �. F,er�e^aoP�,P%oo;=;,,e ,mac>or��':Li SEAL SEA 3SEAL_gyp,,SEAL�g` '' � (OWP M � ''ryOAM O•%�,P``- ''. "T^1pNE4.��` ad for each by their officers as shown, and the Corporate to be hereto affixed this :per �• /o-� seals ,:5 we r •� R. Jean, P e ident & CEO Todd Strother,Executive Vice President mpany 1; irman, President Chief Legal Officer & Secretary of & CEO of Corn nies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4,5 & 6 On this 22nd day of September 2022 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President, Executive Vice President, Chief Legal Officer andfor Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors: and that the said Scott R. Jean and Todd Slrother,as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. extyr "THYLAYF3i1DCIE My Commission Expires October 10, 2025. i toaxriralon Nuiihr 7Sorie IAyO ctober to. 2019 „-; , - Notary Publidlin and for the State of owa ,,\ .• .-_... = �, .CERTIFICATE �,I,flyan J.-Springer,'lice Presider;,'of> Companies, yo hefebyfer ify that the foregoing resolution of the Boards of Directors by each of the Companies, and this_P.ow'er of Attorney issued pursuant themtuon52rid,6ay SeptemYeF , 2022 , are true and correct and are still in full force and effect. = In.Testiinon LWhereof-I_have subscrit�dTny name and'affixed the facsimile seal of each Company this 1 day of Vk k ( A)M_. N• rSV -, if ! `,.- ..•_ , - f_ _ - � �I� 1. ilr�� Vice President 7851 (9-22) S043110-NA 10028 931 AC 008500 "For verification of the authenticity of the Power of Attorney you may call (515) 345-7549." Bond No. S043110 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT Interstate Pipeline Utility Construction, LLC as PRINCIPAL, and Employers Mutual Casualty Company and Union Insurance Company of Providence a CORPORATION organized under the laws of Iowa , as SURETIES, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Anna, a municipal corporation at Anna, Collin County, Texas the sum of Seven Hundred Sixty -Two Thousand Five and 00/100 Dollars ($ 762,005.00 ) for the payment which sum well and truly to be made until said City of Anna and its successors, said PRINCIPAL AND SURETIES do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned, however, that whereas said Interstate Pipeline Utility Construction, LLC , the Contractor, did on i 4K* 16H1 , 20 �7E enter into a written Contract Agreement with the said City of Anna to build and construct: FM 455 Water Line Construction Phase 1 in the City of Anna, Texas which Contract Agreement and the Plans and Specifications therein mentioned adopted by the City of Anna, are hereby expressly made a part hereof as though the same were written and embodied herein. WHEREAS, under the Plans and Specifications, and Contract Agreement, it is provided that the CONTRACTOR will maintain and keep in good repair the work herein contracted to be done and performed for a period of two (2) years from the date of acceptance; it being understood that the purpose of this section is to cover all defective material, work or labor performed by said CONTRACTOR, its employees, sub -contractors, materialmen, and assigns. NOW THEREFORE, if the said CONTRACTOR shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have no further effect, but if default shall be made by the said CONTRACTOR in the performance of its Contract Agreement to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF ANNA shall have and recover from said SURETY, damages in the premises, as provided, and it is further agreed that this obligation shall be a continuing one against the SURETY, hereon, and that successive recoveries may be had thereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. Bonds 61 IN WITNESS WHEREOF, the said Interstate Pipeline Utility Construction, LLC (Contractor) Employers Mutual Casualty Company has caused these presents to be and Union Insurance Company of Providence (Surety Co.) executed by its ATTORNEY -IN -FACT Neira Hernandez and the said ATTORNEY -IN -FACT Neira Hernandez has hereunto set his hand this the c h day of Ra rGh , 20 a Employers Mutual Casualty Company and Unionlnsuance Company of Providence Surety By: le _ M Print Name: Neira Hernandez Title: Attorney -in -Fact Address: Employers: P.O. Box 712, Des Moines, IA 50306-0712 Union: P.O. Box 9190 Des Moines IA 50306-9190 Phone/Fax: 515-280-2511 Interstate Pipeline Utility Construction, LLC Principal, By: Z t//l Print Nare IdSe bay fls Title: 1teJ Address: P.O. Box 152957 TX 75315 Phone/Fax: 214-296-9744 NOTE: If sinned by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has the authority to sinn such obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files AND ATTACHED TO THIS BOND. Bonds 62 /EMC. P.O. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance. Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation S. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies', each does, by these presents, make, constitute and appoint: Neira Hernandez its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s): Surety Bond Principal: Number Interstate Pipeline Utility Construction, LLC SO43110 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, reoognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such affomey4n-fact at any time and revoke the power and authority given to him or her. Attomays-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contractsof indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-iact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-ofahomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of tha Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be 22nd day of September , 2022 . Seals `,p'„o p,•W'. �,OM.PQ1.. 1Y14 r0q'•. d 4.q ♦POat .C", :. � 2G :,w^eq� f O : : Qb .� q, 3L •� :�' i•_r ?rP,i toga q"0�p:r: F5 SEAL "= _zs 1863 2:, IOWAo : Z�p:O : o Y:.l"iOaS�•ri0 � �P �4�"iCRgp Cnn � :.'P; q",nggr••� - _� -W2 SEAL 4: ?3c SEAL;€ Eso SEAL °g` • !0'NM1 , .,•H111 GP'. . '•••"6hlWNES.".`: for each by their officers as shown, and the Corporate seals to be hereto affixed this A K. L�' '—:5 �'ajet";41— R. Jean, P e iden[ &CEO Todd Strother,Executive Vice President mpany 1; irman, President Chief Legal Officer & Secretary of D of Com ies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4,5 & 6 On this 22nd day of September 2022 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President, Executive Vice President, Chief Legal officer and/or Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors: and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. ,,,,q����'�yjy'�� KA-7W )VERIDCiE My Commission Expires October 10, 2025. Mrtddm ka Is, 7afa769 gkOW 111. � to IL1(( '- --��,- ---- - - Notary Publi in and for the State of owa '10ERTIFICATE '- In Tesfim'onq•G/he :e Presl4enhpf tie Companies �o he�6y certify that the foregoing resolution of the Boards of Directors by each of the Companies, and rsuaniiharet0bn,22nd- av oi'Sepiember , 2022 , are true and correctandre still in full force and effect. ie_subscriitad my name. nd,affixe -t a facsimile seat of each Company this � _ day of I_� , - 'w� � t , Vice President 7851 (9-22) S043110-NA 10028 931 AC 008500 "For verification of the authenticity of the Power of Attorney you may call (515) 345-7548." /EMC INSURANCE IMPORTANT NOTICE To obtain information or to make a complaint: You may call EMC Insurance Companies' toll free telephone number for information or to make a complaint at: 1-800-223-0562 You may also write to EMC Insurance Companies at: P.O. Box 1739 Wichita, KS 67201-1739 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, Texas 78714-9104 FAX: (512) 490-1007 Web: www.tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informaci6n o pare presentar una queja: Usted puede Ilamar al numero de telefono gratuito de EMC Insurance Companies' para obtener informaci6n o pare presenter una queja al: 1-800-223-0562 Usted tambien puede escribir a EMC Insurance Companies: P.O. Box 1739 Wichita, KS 67201-1739 Usted puede comunicarse con el Departamento de Seguros de Texas pare obtener informaci6n sobre companias, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, Texas 78714-9104 FAX: (512) 490-1007 Sitio web: www.tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una dispute relacionada con su prima de sequro o con una reI lamaci6n, debe communicarse con el agente primero. Si la disputa no es resuelta, usted puede communicarse con el Departemento de Seguros de Texas. ADJUNTE ESTE AVISO A SU P6LIZA: Este aviso as solamente para prop6sitos informativos y no se convierte an parte o an condici6n del documento adjunto. ILB044(6-15) Page 1 of CERTIFICATE OF INSURANCE(S) 63 A� b® CERTIFICATE OF LIABILITY INSURANCE GnrE(MMmoryrlT 3f7/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hotchkiss Insurance Agency, LLC 4120 International Parkway Suite 2000 CONTACT NAME: Dallas FA% PHR%, Emil (IV 800-899-3750 ac Ne:972-512-7799 Ao>oREss: Carts@hiallc.cem INSURERS AFFORDING COVERAGE NAIC0 Carrollton TX 75007 INSURERA: Cincinnati Insurance Company 10677 INSURED INITEPIP-01 Interstate Pipeline Utility Construction LLC PO Box 152957 INSURER B: INSURERC: INSURER D: Dallas TX 75315 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1039027575 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AODL SUER POLICPOLICYNUMBER MMIOOVEFF POLMWODNXP LIMITS A X COMMERCIAL GENERALLNBILRY EPP0682560 4/17/2023 4/17/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE Fx`1 OCCUR D GT RENTED PRE MISEES Ea occurrence $100,000 MED EXP (Any one person) $10,000 PERSONAL&ADV INJURY SI,000,OOD GENT AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $2,000,000 POLICY [K]JECT F-1LOC PRODUCTS .COMP/OPAGG $2,000,000 I $ OTHER: I A AUTOMOBILE LIABILITY EBAD682560 4117/2023 4/1712024 COMBINED SINGLE LIMIT Ea accident g1,000,000 X BODILY INJURY (Per person) Is ANY AUTO OWNED SCHEDULED AUTOS ONLY AU S IAUTOS BODILY INJURY(Per -cadent) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED ONLY AUTOS ONLY 8 A X UMBRELLA LIAR X OCCUR EPP0682560 4/1712023 4/17/2024 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,OOD EXCESS LIAR CLAIMS -MADE DED X RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDEDT (Mandatory In NH) N/A EVWCOfi82559 4/17/2023 4/17/2024 X PE'ATUTE ERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1.000,000 Ifyas, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $1.000.000 A Contractors Equipment EPP0682560 4/17/2023 4/17/2024 Leased/Rented Equip 4,500,000 Any One Item Deductible 750.000 see below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Addleonal Remarks Schedule, maybe attached if more space is required) The general liability policy includes blanket additional insured endorsements that provides additional insured status for ongoing and completed operations to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The general liability policy includes a special endorsement with Primary and Noncontributory wording as required by written contract The general liability policy includes a blanket waiver of subrogation endorsement when required by written Contract The general liability policy includes a blanket notice of cancellation to certificate holders endorsement, providing for 30 days' advance notice if the policy is cancelled by the company other than for non-payment of premium, 10 days' notice after the policy is cancelled for non-payment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Anna ACCORDANCE WITH THE POLICY PROVISIONS. 120 West 7lh Street AUTHORIZED REPRESENTATIVE PO BOX 776 Anna TX 79406 /.,_ @ 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: INTEPIP-01 AC RO O® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Hotchkiss Insurance Agency, LLC NAMED INSURED Interstate Pipeline Utility Construction LLC PO Box 152957 Dallas TX 75315 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE auto policy includes a blanket additional insured endorsement when required by written contract per auto policy includes a blanket waiver of subrogation endorsement when required by written contract auto policy includes a blanket notice of cancellation to certificate holders endorsement, providing for 30 days' advance notice if the policy is cancelled by the pany other than for non-payment of premium, 10 days' notice after the policy is Cancelled for non-payment of premium. Notice is sent to certificate holders mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests The workers compensation policy includes a blanket waiver of subrogation endorsement when required by written contract The workers compensation policy includes a blanket notice of cancellation to certificate holders endorsement, providing for 30 days' advance notice lithe policy is cancelled by the company other than for non-payment of premium, 10 days' notice after the policy is cancelled for non-payment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation Contractors Equipment Leased and Rented deductible is $2,500 for Equipment < 500.000 and $10,000 for equipment > 500,000 ACORn 101 1700R/011 AcnRn CORPORA`11nN_ All rinhts reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: INCL The premium charge for this endorsement shall be 2_ percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: INCL 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 04-17-2023 Policy No. EWC0682559 Endorsement No. Insured INTERSTATE PIPELINE UTILITY CONSTRUCTION LLC Insurance Company THE CINCINNATI CASUALTY COMPANY Countersigned by WC 42 03 04 B ©Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus° BUSINESS AUTO XC+° (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- curs subsequent to the execution or the "in- sured contract". B. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance c. is deleted in its entirety and re- placed by the following: c. Regardless of the provisions of Par- agraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. C. Additional Insured by Contract This provision does not apply unless the valid written contract has been: 1. Executed prior to the accident causing "bodily injury" or "property damage"; and 2. Is still in force at the time of the "accident" causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 5. Other Insurance is deleted in its entirety and replaced by the following: b. For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended (2) Any covered "auto" hired or to include as an insured any person or organi- rented by your "employee" under zation for whom you have agreed in a valid a contract in that individual "em- written contract to provide insurance as af- ployee's" name, with your per - forded by this policy. mission, while performing duties related to the conduct of your This provision is limited to the scope of the business. valid written contract. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc.. with its permission. Page 1 of 4 However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SECTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent" is the lesser of: a. The actual cash value of the dam- aged or stolen property as of the time of the "accident'; b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or c. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently in- stalled housing unit as described in Paragraph 2.a. above; or c. An integral part of such equipment. F. Who is an Insured - Amended SECTION It - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1. Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured" under any other au- tomobile liability policy or would be an "in- sured" under such policy but for termina- tion of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: a. Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an insured under any other automobile liability policy or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G. Liability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H. Amended Fellow Employee Exclusion SECTION II - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as follows: Exclusion 5. Fellow Employee is deleted. I. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III - PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 1. The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 2 of 4 J. 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. Coverage includes loss of use of that hired au- to, provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $3,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above and the deductibles shown in the Schedule are applicable. Rental Reimbursement SECTION III - PHYSICAL DAMAGE COV- ERAGE is amended by adding the following: 1. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b. $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. K. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. L. Airbag Coverage SECTION III - PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M. Loan or Lease Gap Coverage 1. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a. The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" is subject, but will not include: (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases, or 5. We will pay under this coverage only that (2) Actual cash value of the stolen amount of your rental reimbursement ex- or damaged property. penses which is not already provided for b. An adjustment for depreciation and under SECTION III - PHYSICAL DAM- physical condition will be made in de - AGE COVERAGE, A. Coverage, 4. termining actual cash value at the Coverage Extensions. time of "loss". Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss" means a 'loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N. Glass Repair - Waiver of Deductible SECTION III - PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent' or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manag- er, if you are a corporation; or 4. A member or manager, if you are a lim- ited liability company. P. Unintentional Failure to Disclose Hazards SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Q. Mental Anguish Resulting from Bodily Inju- ry SECTION V - DEFINITIONS, C. 'Bodily inju- ry" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. 'Bodily injury" does not include mental anguish or death that does not result from bodily injury, sickness or disease. R. Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto" in operations for or affecting a railroad: 1. SECTION V - DEFINITIONS, H. 'Insured contract', 1.c. is deleted in its entirety and replaced by the following: c. An easement or license agreement; 2. SECTION V - DEFINITIONS, H. 'Insured contract", 2.a. is deleted. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 4 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT - TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement -Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage......................................................................................2 2. Unintentional Failure To Disclose Hazards.............................................................................8 3. Damage To Premises Rented To You......................................................................................8 4. Supplementary Payments...................................................................................................... 10 5. Medical Payments...................................................................................................................10 6. 180 Day Coverage For Newly Formed Or Acquired Organizations...................................10 7. Waiver Of Subrogation........................................................................................................... 10 8. Automatic Additional Insured-SpecifiedRelationships:..................................................10 (a) Managers Or Lessors Of Premises (b) Lessor Of Leased Equipment (c) Vendors (d) State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises (e) Mortgagee, Assignee Or Receiver 9. Property Damage To Borrowed Equipment.........................................................................13 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services...................................................................................................................................14 11. Broadened Notice Of Occurrence.........................................................................................14 12. Nonowned Aircraft..................................................................................................................14 13. Bodily Injury Redefined..........................................................................................................15 14. Expected Or Intended Injury Redefined...............................................................................15 15. Former Employees As Insureds............................................................................................15 16. Voluntary Property Damage Coverage and Care, Custody Or Control Liability Coverage..................................................................................................................................15 17. Broadened Contractual Liability -Work Within 50' Of Railroad Property .........................17 18. Alienated Premises.................................................................................................................17 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 b. Loss Of Earnings: $ 500 Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 1 of 17 5. Medical Payments Medical Expense Limit: $10,000 9. Property Damage To Borrowed Equipment Each Occurrence Limit $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage D) and Care, Custody Or Control Liability Coverage Limits Of Insurance Voluntary Property Damage Coverage: $1,000 Each Occurrence $5,000 Aggregate Care, Custody Or Control Liability Coverage: $5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Voluntary Property Damage Coverage: $250 Care, Custody Or Control Liability Coverage: $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other Care, Custody Or Control $ Liability TOTAL ANNUAL PREMIUM is C. Coverages 1) The amount we will pay 1. Employee Benefit Liability Coverage for damages is limited Y 9 as described in. C. Cov- a. The following is added to Section I - erages, 1. Employee Coverages: Benefit Liability Cover- age, c. Limits Of Insur- EMPLOYEE BENEFIT LIABILITY ance of this endorse - COVERAGE ment; and (1) Insuring Agreement 2) Our right and duty to defend ends when we (a) We will pay those sums that have used up the the insured becomes legally insurance cable limit insuapplrance obligated to pay as damag- a the payment of udg- es caused by any act, error m menu or settlements. ts. or omission of the insured, or of any other person for No other obligation or liabil- whose ads the insured is ity to pay sums or perform legally liable, to which this ads or services is covered insurance applies. We will unless explicitly provided for have the right and duty to under Supplementary Pay - defend the insured against ments. any "suit' seeking those damages. However, we will- (b) This insurance applies to have no duty to defend damages only if the ad, er- against any "suit' seeking ror or omission is negligently damages to which this in- committed in the admin- surance does not apply. We istration" of your "employee may, at our discretion, in- benefit program'; and vestigate any report of an 1) Occurs during the policy ad, error or omission and period; or settle any claim or "suit' that may result. But: Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 2 of 17 2) Occurred prior to the Damages arising out of an "first effective date" of insufficiency of funds to this endorsement pro- meet any obligations under vided you did not have any plan included in the knowledge of a claim or "employee benefit program". "suif' on or before the "first effective date" of (e) Inadequacy Of Perfor- this endorsement. mance Of Invest- ment/Advice Given With You will be deemed to Respect To Participation have knowledge of a claim or "suit" when any Any claim based upon: insured listed under C. 1) Failure of any invest - Coverages, 1. Employ- ment to perform; ee Benefit Liability Cov- erage, b. Who Is An In- 2) Errors in providing in- sured, (1) of this en- formation on past per- dorsement or any "em- formance of investment ployee" authorized by vehicles; or you to give or receive notice of a claim or 3) Advice given to any "suit": person with respect to that person's decision to a) Reports all, or any participate or not to par - part, of the act, er- ticipate in any plan in- ror or omission to cluded in the "employee us or any other in- benefit program". surer; or (f) Workers' Compensation b) Receives a written And Similar Laws or verbal demand or claim for dam- Any claim arising out of your ages because of failure to comply with the the act, error or mandatory provisions of any omission. workers' compensation, un- employment compensation (2) Exclusions insurance, social security or disability benefits law or any This insurance does not apply to: similar law. (a) Bodily Injury, Property (g) ERISA Damage Or Personal And Advertising Injury Damages for which any in- sured is liable because of li- "Bodily injury", "property "personal ability imposed on a fiduci- damage" or and ary by the Employee Re - advertising injury'. tirement Income Security (b) Dishonest, Fraudulent, Act of 1974, as now or Criminal Or Malicious Act hereafter amended, or by any similar federal, state or Damages arising out of any local laws. intentional, dishonest, fraudulent, criminal or mali- (h) Available Benefits cious act, error or omission, Any claim for benefits to the committed by any insured, extent that such benefits are including the willful or reck- available, with reasonable less violation of any statute. effort and cooperation of the (c) Failure To Perform A Con- insured, from the applicable tract funds accrued or other col- lectible insurance. Damages arising out of fail- ure of performance of con- (i) Taxes, Fines Or Penalties tract by any insurer. Taxes, fines or penalties, in- (d) Insufficiency Of Funds cluding those imposed un- Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 3 of 17 der the Internal Revenue (c) A limited liability company, Code or any similar state or you are an insured. Your local law. members are also insureds, but only with respect to the menta2elated Prac- Employment -Related to �) P Y conduct of your business. tices Your managers are in - Any liability arising out of sureds, but only with respect any: to their duties as your man- agers. 1) Refusal to employ; (d) An organization other than a 2) Termination of employ- partnership, joint venture or ment; limited liability company, you are an insured. Your "execu- 3) Coercion, demotion, tive officers" and directors evaluation, reassign- are insureds, but only with ment, discipline, defa- respect to their duties as mation, harassment, your officers or directors. humiliation, discrimina- Your stockholders are also tion or other employ- insureds, but only with re- ment-related practices, spect to their liability as acts or omissions; or stockholders. 4) Consequential liability (e) A trust, you are an insured. as a result of 1), 2) or 3) Your trustees are also in - above. sureds, but only with respect This exclusion applies to their duties as trustees. whether the insured may be (2) Each of the following is also an held liable as an employer insured: or in any other capacity and to any obligation to share (a) Each of your "employees" damages with or repay who is or was authorized to someone else who must pay administer your "employee damages because of the in- benefit program'; jury. (b) Any persons, organizations (3) Supplementary Payments or "employees" having prop - Section 1 -Supplementary Pay er temporary authorization to administer your "employ - to - Coverages A and B also ee benefit program" you apply to this Coverage, however die, but only until your legal 1.b. and 2. of the Supplementary representative is appointed; Payments provision do not apply. or b. Who Is An Insured (c) Your legal representative if As respects Employee Benefit Liabil- you die, but only with re- ity Coverage, Section II -Who Is An spect to duties as such. That Insured is replaced by the following: representative will have all your rights and duties under (1) If you are designated in the Dec- this Coverage Part. larations as: (3) Any organization you newly ac- (a) An individual, you and your quire or form, other than a part - spouse are insureds, but on- nership, joint venture or limited ly with respect to the con- liability company, and over which duct of a business of which you maintain ownership or major - you are the sole owner. ity interest, will qualify as a (b) A partnership or joint ven- Named Insured if no other similar insurance applies to that organi- lure, you are insured. . zation. However, coverage under Your members, your part this provision: ners, and their spouses are also insureds but only with (a) Is afforded only until the respect to the conduct of 180th day after you acquire your business. or form the organization or Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 4 of 17 the end of the policy period, negligently committed in the whichever is earlier; and "administration" of your "employ- (b) Does not apply to any ad, ee benefit program". error or omission that was However, the amount paid under committed before you ac- this endorsement shall not ex- quired or formed the organi- ceed, and will be subject to the zation. limits and restrictions that apply c. Limits Of Insurance to the payment of benefits in any plan included in the "employee As respects Employee Benefit Liabil- benefit program" ity Coverage, Section III - Limits Of (4) Deductible Amount Insurance is replaced by the follow- ing: (a) Our obligation to pay dam- (1) The Limits of Insurance shown in sured ages on behalf of the in - applies only to the Section B. Limits Of Insurance, amount of damages in amount 1. Employee Benefit Liability cess of the Deductible Coverage of this endorsement Amount shown in Section B. and the rules below fix the most Limits Of Insurance, 1. Em- we will pay regardless of the ployee Benefit Liability Cov- number of. erage of this endorsement (a) Insureds; as applicable to Each Em- ployee. The limits of insur- (b) Claims made or "suits" ance shall not be reduced brought; by the amount of this de- (c) Persons or organizations ductible. making claims or bringing (b) The Deductible Amount "suits"; shown in Section B. Limits Acts, errors or omissions; or (d) At Of Insurance, 1. Employee Benefit Liability Coverage of (e) Benefits included in your this endorsement applies to "employee benefit program". all damages sustained by any one "employee", includ- (2) The Aggregate Limit shown in ing such "employee's" de - Section B. Limits Of Insurance, pendents and beneficiaries, 1. Employee Benefit Liability because of all ads, errors or Coverage of this endorsement is omissions to which this in - the most we will pay for all dam- surance applies. ages because of acts, errors or omissions negligently committed (c) The terms of this insurance, in the "administration" of your including those with respect "employee benefit program". to: (3) Subject to the limit described in 1) Our right and duty to (2) above, the Each Employee defend the insured Limit shown in Section B. Limits against any "suits" Of Insurance, 1. Employee Bene- seeking those damag- fit Liability Coverage of this en- es; and dorsement is the most we will 2) Your duties, and the du - pay for all damages sustained by ties of any other in - any one "employee", including volved insured, in the damages sustained by such event of an act, error or "employee's" dependents and omission, or claim; beneficiaries, as a result of: n act, error or omission; or (a) At apply irrespective of the ap- plication of the Deductible (b) A series of related acts, er- Amount. rors or omissions, regard- (d) We may pay any part or all less of the amount of time of the Deductible Amount to that lapses between such effect settlement of any acts, errors or omissions; claim or "suit" and, upon no - Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 5 of 17 tification of the action taken, calved in connec- you shall promptly reim- tion with the claim burse us for such part of the or "suit"; Deductible Amount as we have paid. (2) Authorize us to ob- tain records and d. Additional Conditions other information; As respects Employee Benefit Liabil- (3) Cooperate with us ity Coverage, Section IV - Commer- in the investigation cial General Liability Conditions is or settlement of the amended as follows: claim or defense aand nst the "suit ; (1) Item 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is replaced by the following: (4) Assist us, upon our request, the en- 2. Duties In The Event Of An t forcemeat of any Act Error Omission right against any Claim Or Suit person or organi- a. You must see to it that zation which may we are notified as soon be liable to the in - as practicable of an act, sured because of error or omission which an act, error or may result in a claim. omission to which To the extent possible, this insurance may notice should include: also apply. (1) What the act, error d. No insured will, except or omission was at that insured's own and when it oc- cost, voluntarily make a curred; and payment, assume any obligation, or incur any (2) The names and expense without our addresses of any- consent. one who may suf- fer damages as a (2) Item 4. Other Insurance is re - result of the act, placed by the following: error or omission. 4. Other Insurance b. If a claim is made or If other valid and collectible "suit" is brought against insurance is available to the any insured, you must: insured for a loss we cover (1) Immediately record under this Employee Benefit the specifics of the Liability Coverage, our obli- claim or "suit" and gations are limited as fol- the date received; lows: and a. Primary Insurance (2) Notify us as soon This insurance is prima - as practicable. ry except when c. below You must see to it that applies. If this insurance we receive written no- is primary, our obliga- tice of the claim or "suit" tions are not affected as soon as practicable. unless any of the other insurance is also prima- c. You and any other in- ry. Then, we will share volved insured must: with all that other insur- ance by the method de- () y scribed in Paragraph b. us copies of any below. demands, notices, summonses or le- gal papers re - Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 6 of 17 b. Method Of Sharing "employee benefit pro - If all of the other insur- grams"; or ance permits contribu- d. Effecting, continuing or tion by equal shares, terminating any "em- we will follow this meth- ployee's" participation in od also. Under this ap- any benefit included in proach each insurer the "employee benefit contributes equal program". amounts until it has paid its applicable limit However, "administration" of insurance or none of does not induce: the loss remains, a. Handling payroll deduc- whichever comes first. tions; or If any of the other in- b, The failure to effect or surance does not permit maintain any insurance contribution by equal or adequate limits of shares, we will contrib- coverage of insurance, ute by limits. Under this including but not limited method, each insurer's to unemployment insur- share is based on the ance, social security ratio of its applicable benefits, workers' com- limit of insurance to the pensation and disability total applicable limits of benefits. insurance of all insur- ers. 2. "Cafeteria plans" means plans authorized by applica- c. Excess Insurance ble law to allow "employees" This insurance is ex- to elect to pay for certain cess over any of the benefits with pre-tax dollars. other insurance, wheth- 3, "Employee benefit pro- er primary, excess, con- grams" means a program tingent or on any other providing some or all of the basis that is insurance following benefits to "em- purchased by you to ployees", whether provided cover damages for ads, through a "cafeteria plan" or errors or omissions that otherwise: occurred prior to the "first effective date". a. Group life insurance; group accident or health e. Additional Definitions insurance; dental, vision As respects Employee Benefit Liabil- and hearing plans; and ity Coverage, Section V - Definitions flexible spending ac- is amended as follows: counts; provided that no one other than an "em- (1) The following definitions are ployee" may subscribe added: to such benefits and such benefits are made 1. "Administration" means: generally available to a. Providing information to those "employees" who "employees", including satisfy the plan's eligibil- their dependents and ity requirements; beneficiaries, with re- b. Profit sharing plans, spect to eligibility for or employee savings scope of "employee plans, employee stock benefit programs" ownership plans, pen- b. Interpreting the "em- sion plans and stock ployee benefit pro- subscription plans, pro- grams"; vided that no one other than an "employee" c. Handling records in may subscribe to such connection with the benefits and such bene- Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 7 of 17 fits are made generally 2. Unintentional Failure To Disclose Haz- available to all "employ- ards ees" who are eligible under the plan for such Section IV - Commercial General Liabil- benefits; ity Conditions, 6. Representations is amended by the addition of the following: c. Unemployment insur- ance, social security Based on our dependence upon your rep - benefits, workers' com- resentations as to existing hazards, if un- pensation and disability intentionally you should fail to disdose all benefits; and such hazards at the inception date of your policy, we will not reject coverage under d. Vacation plans, includ- this Coverage Part based solely on such ing buy and sell pro- failure. grams; leave of ab- sence programs, includ- 3. Damage To Premises Rented To You ing military, maternity, a. The last paragraph of 2. Exclusions family, and. civil leave; under Section 1 - Coverage A - Bod- tuition assistance plans; ily Injury And Property Damage Li - transportation and ability is replaced by the following: health dub subsidies. Exclusions c. through n. do not apply 4. "First effective date" means to damage by fire, explosion, light - the date u which cover- the ning, smoke or soot to premises while age was first effected in a rented to you or temporarily occupied series of uninterrupted re- by you with permission of the owner, newals of insurance cover- for which the amount we will pay is age. limited to the Damage To Premises (2) The following definitions are de- Rented To You Limit as described in leted in their entirety and re- Section III - Limits Of Insurance. placed by the following: b. The insurance provided under Sec- 5. "Employee" means a person tion I -Coverage A- Bodily Injury And actively employed, formerly Property Damage Liability applies to employed, on leave of ab- "property damage" arising out of wa- sence or disabled, or retired. ter damage to premises that are both "Employee" includes a rented to and occupied by you. 'leased worker". "Employee" As respects Water Damage Legal Li - does not include a "tempo- ability, as provided in Paragraph 3.b. rary worker". above: 18. "Suit" means a civil proceed- The exclusions under Section I - ing in which money damag- Coverage A - Bodily Injury And Prop - es because of an act, error erty Damage Liability, 2. Exclusions, or omission to which this in- other than i. War and the Nuclear surance applies are alleged. Energy Liability Exdusion (Broad "Suit" includes: Form), are deleted and the following a. An arbitration proceed- are added: ing in which such dam- This insurance does not apply to: ages are claimed and to which the insured must (a) "Property damage": submit or does submit with our consent; (1) Assumed in any contract or agreement; or b. Any other alternative dispute resolution pro- (ii) Caused by or resulting from any ceeding in which such of the following: damages are claimed 1) Wear and tear; and to which the in- sured submits with our 2) Rust or other corrosion, de - consent or cay, deterioration, hidden or latent defect or any quality in c. Ana appeal of a civil pro- PP p property that causes it to ceeding. damage or destroy itself; Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 8 of 17 3) Smog; (d) "Property damage" to: 4) Mechanical breakdown, in- (i) Plumbing, heating, air oondi- cluding rupture or bursting tioning, fire protection sys- caused by centrifugal force; tems, or other equipment or 5) Settling, cracking, shrinking appliances; or or expansion; (i i) The interior of any building 6) Nesting or infestation, or or structure, or to personal discharge orelease of property in the building or structure, caused by or re - waste products or secre- sulting from rain, snow, sleet tions, by insects, birds, ro- or ice, whether driven by dents or other animals; or wind or not. 7) Presence, growth, prolifera- c. Limit Of Insurance tion, spread or any activity of fungus, including mold or With respect to the insurance afford - mildew, and any mycotoxins, ed in Paragraphs 3.a. and 3.b. above, spores, scents or byproducts the Damage To Premises Rented To produced or released by You Limit as shown in the Declara- fungi. tions is amended as follows: (b) "Property damage" caused di- (1) Paragraph 6. of Section III - Lim- rectly or indirectly by any of the its Of Insurance is replaced by following: the following: (i) Earthquake, volcanic erup- 6. Subject to Paragraph 5. tion, landslide or any other above, the Damage To earth movement; Premises Rented To You that (i i) Water that backs up or over- Limit is the most we will pay under Coverage A - Bodily is otherwbacks flows des- Injury And Property Damage charged from a sewer, drain, Liability for damages be - sump, sump pump or related cause of "property damage" equipment; to any one premises: (iii) Water under the ground sur- a. While rented to you, or face pressing on, or flowing temporarily occupied by or seeping through: you with permission of 1) Foundations, walls, the owner; floors or paved surfac- b. In the case of damage es; by fire, explosion, light- 2) Basements, whether ning, smoke or soot, paved or not; or while rented to you; or 3) Doors, windows or other c. In the case of damage openings. by water, while rented to and occupied by you. (c) "Property damage" caused by or resulting from water that leaks or (2) The most we will pay is limited as e flows from plumbing, heating, air described in Section B. Limits Of conditioning, fire protection sys- Insurance, 3. Damage To Prem- tems, or other equipment, ises Rented To You of this en - caused by or resulting from dorsement. freeang, unless: 4. Supplementary Payments (i) You did your best to main- Under Section I - Supplementary Pay- tain heat in the building or ments - Coverages A and B: structure; or (ii) You drained the equipment a. Paragraph 1.b. is replaced by the fol- and shut off the water supply towing: if the heat was not main- Up to the limit shown in Section B. tained. Limits Of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 9 of 17 bonds required because of acddents (1) Any person(s) or organization(s) or traffic law violations arising out of described in Paragraph 8.a.(2) of the use of any vehicle to which the this endorsement (hereinafter re - Bodily Injury Liability Coverage ap- ferred to as additional insured) plies. We do not have to furnish these whom you are required to add as bonds. an additional insured under this Coverage Part by reason of a b. Paragraph 1.d. is replaced b the fol- P Y written contract, written agree - lowing: ment, written permit or written All reasonable expenses incurred by authorization. the insured at our request to assist us (2) Only the following persons or Or- in the investigation or defense of the ganizations are additional in - claim or "suit', including actual loss of sureds under this endorsement, earnings up to the limit shown in Sec- and insurance coverage provided tion B. Limits Of Insurance, 4.b. Loss to such additional insureds is lim- Of Earnings of this endorsement per ited as provided herein: day because of time off from work. (a) Manaers Or Lessors Of 5. Medical Payments Premises The Medical Expense Limit of Any One The manager or lessor of a Person as shown in the Declarations is premises leased to you you amended to the limit shown in Section B. are required per Paragraph Limits Of Insurance, 5. Medical Payments 8.a.(1) of this endorsement of this endorsement. to provide insurance, but on- o. 180 Day Coverage For Newly Formed ly with respect to liability for Or Acquired Organizations bodily injury', property damage" or personal and Section II - Who Is An Insured is advertising injury" caused, in amended as follows: whole or in part, by you or those acting on your behalf Subparagraph a. of Paragraph 3. is re- 9 P in connection with the own - placed by the following: ership, maintenance or use a. Coverage under this provision is af- of that part of the premises forded only until the 180th day after leased to you, subject to the you acquire or form the organization following additional exclu- or the end of the policy period, sions: whichever is earlier; This insurance does not ap- 7. Waiver Of Subrogation ply to: Section IV - Commercial General Liabil- (i) Any "occurrence" which ity Conditions, 8. Transfer Of Rights Of takes place after you Recovery Against Others To Us is cease to be a tenant in amended by the addition of the following: that premises; We waive any right of recovery against (IQ Structural alterations, any additional insured under this en- new construction or dorsement, because of any payment we demolition operations make under this endorsement, to whom performed by or on be - the insured has waived its right of recov- half of such additional ery in a written contract, written agree- insured. ment, written permit or written authoriza- (b) Lessor Of Leased Equip- tion. Such waiver by us applies only to ment the extent that the insured has waived its right of recovery against such additional Any person(s) or organiza- insured prior to loss. tion(s) from whom you lease equipment you are required 8. Automatic Additional Insured - S eci- P per Paragraph 8.a.(1) of this fied Relationships endorsement to provide in - a. The following is added to Section II - surance. Such person(s) or Who Is An Insured: organization(s) are insureds only with respect to liability for 'bodily injury', "property Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 10 of 17 damage" or "personal and 4) Repackaging, ex - advertising injury' caused, in cept when un- whole or in part, by your packed solely for maintenance, operation or the purpose of in - use of equipment leased to spection, demon - you by such person(s) or or- stration, testing, or ganization(s). A person's or the substitution of organization's status as an parts under in - additional insured under this structions from the endorsement ends when manufacturer, and their contract or agreement then repackaged in with you for such leased the original con - equipment ends. However, tainer; this insurance does not ap- ply to any "occurrence" 5) Any failure to make which takes place after the such inspections, equipment lease expires. adjustments, tests or servicing as the (c) Vendors vendor has agreed to make or normal - normal- Any person or organization ly undertakes to (referred to below as ven- make in the usual dor) you are required per course of busi- Paragraph 8.a.(1) of this en- ness, in connection dorsement to provide insur- with the distribution ance, but only with respect or sale of the to liability for "bodily injury' products; or "property damage" arising out of 'your products" which 6) Demonstration, in - are distributed or sold in the stallation, servicing regular course of the ven- or repair opera- dor's business, subject to tions, except such the following additional ex- operations per- clusions: formed at the ven- ven- ore t The insurance afforded () dor's premises in connection with the the vendor does not sale of the product; apply to: 7) Products which, af- 1 "Bodily y injury" ry or ter distribution or "property damage" sale by you, have for which the ven- been labeled orre- dor is obligated to labeled or used as pay damages by a container, part or reason of the as- ingredient of any sumption of liability other thing or sub - in a contract or stance by or for the agreement. This - vendor; or exclusion does not apply to liability for 8) "Bodily injury' or damages that the "property damage" vendor would have arising out of the in the absence of sole negligence of the contract or the vendor for its agreement; own acts or omis- 2) Any express war- sions or those of its employees or ranty unauthorized anyone else ailing by you; on its behalf. How- 3) Any physical or ever, this exclusion chemical change in does not apply to: the product made a) The excep- intentionally by the tions contained vendor; in Paragraphs Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 11 of 17 (c)(i)4) or 6) of division has issued a permit this endorse- or authorization in connec- ment; or tion with premises you own, rent or control and to which b) Such inspec- this insurance applies: tions, adjust- ments, tests or (1) The existence, mainte- servicing as nance, repair, construc- the vendor has tion, erection or removal agreed to of advertising signs, make or nor- awnings, canopies, cel- mally under- lar entrances, coal takes to make holes, driveways, man - in the usual holes, marquees, hoist course of away openings, side - business, in walk vaults, street ban - connection ners or decorations and with the distri- similar exposures; bution or sale of the prod- (i) The construction, erec- ucts. tion or removal of eleva- tors; or (i) This insurance does not (ii) The ownership, mainte- apply to any insured nance or use of any el- person or organization: evators covered by this 1) From whom you insurance: have acquired such products, or (a) Mortgagee, Assignee Or any ingredient, part Receiver or container, enter- Any person or organization ing into, accompa- you are required per Para- nying or containing graph 8.a.(1) of this en - such products; or dorsement to provide insur- 2) When liability in- anoe, but only with respect cluded within the to their liability as mortga- "products- gee, assignee or receiver completed opera- and arising out of the own- tions hazard" has ership, maintenance or use been excluded un- of the premises by you. der this Coverage However, this insurance Partwith respect to does not apply to structural such products. alterations, new construction and demolition operations (d) State Or Governmental performed by or for that per - Agency Or Subdivision Or son or organization. Political Subdivision - Permits Or Authorizations (3) The insurance afforded to addi- Relating To Premises tional insureds described in Par- agraph 8.a.(1) of this endorse - Any state or governmental ment: agency or subdivision or po- (a) Only applies to the extent litical subdivision you are permitted by law; required per Paragraph 8.a.(1) of this endorsement (b) Will not be broader than that to provide insurance, subject which you are required by to the following additional the written contract, written provision: agreement, written permit or This insurance applies only written authorization to pro - with respect to the following vide for such additional in - hazards for which the state sured; and or governmental agency or (c) Does not apply to any per - subdivision or political sub- son, organization, vendor, Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 12 of 17 state, governmental agency d. Section IV - Commercial General or subdivision or political Liability Conditions is amended as subdivision, specifically follows: named as an additional in- sured under any other provi- Condition 4. Other Insurance is sion of, or endorsement amended to include: added to, this Coverage Primary And Noncontributory In - Part, provided such other surance provision or endorsement covers the injury or damage This insurance is primary to and will for which this insurance ap- not seek contribution from any other plies. insurance available to an additional insured per Paragraph 8.a.(1) of this b. With respect to the insurance afford- endorsement provided that: ed to the additional insureds de- scribed in Paragraph 8.a.(1) of this (1) The additional insured is a endorsement, the following is added Named Insured under such other to Section III - Limits Of Insurance: insurance; and The most we will pay on behalf of the (2) You have agreed in writing in a additional insured is the amount of in- contract, agreement, permit or surance: authorization described in 8.a.(2) of this endorsement that this in - (1) Required by the written contract, surance would primary and written agreement, written permit would not seek contribution from or written authorization described any other insurance available to in Paragraph 8.a.(1) of this en- the additional insured. dorsement. For the purpose of determining the required amount 9. Property Damage To Borrowed Equip - of insurance only, we will include ment the minimum amount of any Um- brella liability or Excess Liability a. The following is added to Exclusion coverage required for that addi- 2.j. Damage To Property under Sec- tional insured in that written con- Lion I - Coverage A- Bodily Injury And tract, written agreement, written Property Damage Liability: permit or written authorization; or Paragraphs (3) and (4) of this exclu- (2) Available under the applicable sion do not apply to tools or equip - limits of.insurance; ment loaned to you, provided they are not being used to perform operations whichever is less. at the time of loss. This endorsement shall not increase b. With respect to the insurance provid- the applicable limits of insurance. ed by this section of the endorse- ment, the following additional provi- c. Section IV -Commercial General sions apply: Liability Conditions is amended to include the following: (1) The Limits of Insurance shown in the Declarations are replaced by Automatic Additional Insured Pro- the limits shown in Section B. vision Limits Of Insurance, 9. Properly This insurance applies only if the Damage To Borrowed Equip - "bodily injury' or "property damage" ment of this endorsement with occurs, or the "personal and advertis- respect to coverage provided by ing injury' offense is committed: this endorsement. These limits are inclusive of and not in addi- (1) During the policy period; and tion to the limits being replaced. The Limits of Insurance shown in 2 Subsequent to our execution of () y Section B. Limits Of Insurance, the written contract or written 9. Property Damage To Bor- agreement, or the issuance of a rowed Equipment of this en - written permit or written authori- dorsement fix the most we will zation, described in Paragraph pay in any one "occurrence" re- 8.a.(1). gardless of the number of: (a) Insureds; Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 13 of 17 (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount shown in Section B. Limits Of Insur- ance, 9. Property Damage To Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (b) Section IV - Commercial General Liability Conditions, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit, applies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees As Insureds - Specified Health Care Services And Good Samar- itan Services Paragraph 2.a.(1)(d) under Section II - Who Is An Insured does not apply to: 1) Your "employees" who provide pro- fessional health rare services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or 2) Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice Of Occurrence Paragraph a. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Com- mercial General Liability Conditions is replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should indude: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occur- rence" or offense. 12. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto Or Watercraft under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a. The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b. The aircraft is rented with a trained, paid crew; and c. The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V - Definitions, 3. "Bodily injury' is replaced by the following: 3. "Bodily injury' means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, including care, loss of services or death resulting from any of these at any time. Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 14 of 17 14. Expected Or Intended Injury Redefined damaged property, exclud- The last sentence of Exclusion 2.a. Ex- ing any profit or overhead. pected Or Intended Injury under Sec- Any payment we make un- tion I - Coverage A - Bodily Injury And der Voluntary Property Property Damage Liability is replaced by Damage Coverage shall not the following: be interpreted as an admis- This exclusion does not apply to "bodily Sion of liability by you or by injury' or "property damage" resulting from us. the use of reasonable force to protect per- It shall be your duty, not our sons or property. duty, to defend any claim or 15. Former Employees As Insureds "suit" to which this insurance applies. The following is added to Paragraph 2. No other obligation or liabil- under Section II -Who Is An Insured: ity to pay sums or perform 2. Each of the following is also an in- acts or services is covered. sured: (b) This insurance applies to Any of your former "employees", di- "property damage" only if: rectors, managers, members, part- 1) The "property damage" ners or "executive officers", including takes place in the "cov- but not limited to retired, disabled or erage territory; and those on leave of absence, but only for acts within the scope of their em- 2) The "property damage" ployment by you or for duties related occurs during the policy to the conduct of your business. period. 16: Voluntary Property Damage Coverage (2) Exclusions a. Section I - Coverages is amended to This insurance does not apply to include the following: "property damage" that would be excluded by Coverage A- Bodily COVERAGE D - VOLUNTARY Injury And Properly Damage Lia- PROPERTY DAMAGE COVERAGE bility, 2. Exclusions, except for j. (1) Insuring Agreement Damage To Property, Para- graphs (3), (4), (5) and (6), k. (a) We will pay the cost to re- Damage To Your Product, and 1. pair or replace "property Damage To Your Work. damage' to property of oth- ers arising out of operations (3) Definitions incidental to your business For purposes of Voluntary Prop - when: erty Damage Coverage only, the 1) Damage is caused by following definitions under Sec - you; or tion V - Definitions are replaced by the following: 2) Damage occurs while in your possession. 13. "Occurrence" means an in- cident, including continuous At your written request, we or repeated exposure to will make this payment re- substantially the same gen- gardless of whether you are eral harmful conditions that at fault for the "property result in "property damage". damage". 17. "Property damage" means If you, at our request, re- physical injury to tangible place, or make any repairs property. Electronic data is to, damaged property of not tangible property, and others, the amount we will "property damage" does not pay under Voluntary Proper- include disappearance, ab- ty Damage Coverage will be straction or theft. determined by your actual cost to replace or repair the As used in this definition, electronic data means in - Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 15 of 17 formation, fads or pro- and Care, Custody Or Control grams, stored as or on, cre- Liability Coverage in this en- ated or used on, transmitted dorsement. These limits are in- to or from computer soft- clusive of, and not in addition to, ware, including systems and the limits being replaced. The applications software, hard Limits of Insurance shown in the or floppy disks, CD-ROMs, Schedule fix the most we will pay tapes, drives, cells, data regardless of the number of: processing devices or any (a) Insureds; other media which are used with electronically controlled (b) Claims made or "suits" equipment. brought; or b. Care, Custody Or Control Liability (c) Persons or organizations Coverage making claims or bringing For purposes of the coverage provid- "suits". ed by Care, Custody Or Control Lia- (2) (a) Subject to (3) below, the bility Coverage in this endorsement Voluntary Property Damage only: Coverage Each Occurrence (1) Section I - Coverage A - Bodily Limit Of Insurance is the Injury And Property Damage Lia- most we will pay for the sum bility, 2. Exdusions, j. Damage of damages under Voluntary To Property, Paragraphs (3), (4) Property Damage Coverage; and (5) do not apply to "property (b) The Care, Custody Or Con - damage" to the property of oth- trol Liability Coverage Each ers described therein. Occurrence Limit Of Insur- (2) It shall be your duty, not our duty, ance is the most we will pay to defend any claim or "suit" to for the sum of damages un- which this insurance applies. der Care, Custody Or Con- trol Liability Coverage; No other obligation or liability to pay sums or perform acts or ser- because of all "property damage" vices is covered. arising out of any one "occur- rence". This Paragraph (2) supersedes any provision in the Coverage (3) The Voluntary Property Damage Part to the contrary. Coverage, Aggregate Limit Of Insurance is the most we will pay (3) "Property damage" for which for the sum of all damages under Care, Custody Or Control Liabil- Voluntary Property Damage ity Coverage provides coverage Coverage. This limit applies sep- shall be deemed to be caused by aratelyto each "coverage term". an "occurrence" but shall not serve to limit or restrict the ap- (4) Deductible Clause plicability of any exclusion for (a) Our obligation to pay dam - "property damage" under this ages on your behalf applies Coverage Part. only to the amount of dam- c. Limits Of Insurance And Deducti- ages for each "occurrence" bles which are in excess of the Deductible Amount shown in For purposes of the coverage provid- Section B. Limits Of Insur- ed by Voluntary Property Damage ance, 16. Voluntary Property Coverage and Care, Custody Or Con- Damage Coverage and trol Liability Coverage, Section III - Care, Custody Or Control Limits Of Insurance is amended to Liability Coverage. The lim- include the following: its of insurance will not be reduced by the application 1 The Limits of Insurance shown in () of such Deductible Amount. the Declarations are replaced by the limits shown in Section B. (b) Section IV - Commercial Limits Of Insurance, 16. Volun- General Liability Conditions, tary Property Damage Coverage 2, Duties In The Event Of Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 16 of 17 Occurrence, Offense, Claim a. Paragraph c. is replaced by the fol- Or Suit, applies to each lowing: claim or "suit" irrespective of the amount. c. Any easement or license agree- ment; (c) We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit' and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as has been paid by us. 17. Broadened Contractual Liability - Work Within 50' Of Railroad Property Section V - Definitions, 9. "Insured con- tract" is amended as follows: b. Paragraph f.(1) is deleted in its entire- ty. 18. Alienated Premises Exclusion 2 j. Damage To Property, Para- graph (2) under Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity does not apply if the premises are "your work". Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 17 of 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC PRIMARY AND NON-CONTRIBUTORY COVERAGE ENDORSEMENT - WHERE REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART SCHEDULE LIMITS OF INSURANCE: $ 2 ,000,000 Each Occurrence Limit $ 2 ,000,000 Aggregate Limit COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM, US 101 and US 101 UM, is amended as follows: A SECTION III - LIMITS OF INSURANCE is amended to add the following: For the purposes of this endorsement on- ly, the Limits of Insurance stated in the Schedule of this endorsement and de- scribed below will apply on a "primary and non-contributory basis" within the parame- ters set forth in SECTION III - LIMITS OF INSURANCE of the Coverage Part to which this endorsement is attached: We will not pay more on behalf of a "non- contributory additional insured" than the lesser of: a. The Limits of Insurance stated in the Schedule of this endorsement; or b. The limits of insurance required in a written contract on a "primary and non-contributory basis" for such "non- contributory additional insured", but only to the extent the required limits of insurance are in excess of the "underlying insurance"; or c. The Limits of Insurance available af- ter the payment of "ultimate net loss" on any insured's behalf from any claim or "suit". This provision is included within and does not act to increase the Limits of Insurance stated in the Declarations. B. SECTION IV - CONDITIONS is amended as follows: It is agreed that this condition does not apply to the "non-contributory additional insured's" own insurance program on which they are a named insured. However: a. This exception to the Other Insurance Condition shall only apply if the appli- cable "underlying insurance" applies on a "primary and noncontributory basis" for such "noncontributory ad- ditional insured" and only to the ex- tent of the specific limits of insurance required in a written contract or agreement on a "primary and non- contributory basis" that is in excess of the "underlying insurance"; and b. It is understood and agreed that the insurance provided by this Coverage Part is excess of: (1) "Underlying insurance" listed in the Schedule of Underlying In- surance; (2) Any other insurance available to the "non-contributory additional insured" as an additional insured; and (3) Any other insurance available to the "non-contributory additional insured" on which they are not a named insured. 2. The following condition is added: 1. Condition 9. Other Insurance is amended 15. As a precedent to the receipt of in- to add the following: surance coverage hereunder, the "noncontributory additional insured" must give written notice of such claim or "suit", including a demand for de - Includes copyrighted material of Insurance US 4096 0121 Services Office, Inc., with its permission. Page 1 of 2 fense and indemnity, to any other in- surer who had coverage for the claim or "suit" under its policies. Such no- tice must demand the full coverage available and the "noncontributory additional insured" shall not waive or limit such other available coverage. This condition does not apply to the "non-contributory additional insured's" own insurance program on which they area named insured. C. SECTION V - DEFINITIONS is amended to add the following: 30. "Non-contributory additional insured" means any person or organization: a. Qualifying as an additional insured under SECTION II - WHO IS AN IN- SURED, Paragraph 3. of the Cover- age Part to which this endorsement is attached; and b. Being granted additional insured sta- tus on a "primary and non- contributory basis" in the "underlying insurance" as required in a written contract between an additional in- sured and a Named Insured provid- ed: (1) The written contract or agree- ment is executed before the "oc- currence" resulting in "bodily in- jury', "personal and advertising injury" or "property damage" for which coverage is being sought under this endorsement; and (2) The written contract or agree- ment requires a specific limit of insurance on a "primary and noncontributory basis" that is in excess of "underlying insur- ance". 31. "Primary and non-contributory basis" means that the limits of insurance of the Coverage Part to which this endorsement is attached apply to insured loss on behalf of the "non-contributory additional in- sured" prior to limits of insurance from other insurance in which the "non- contributory additional insured" is a named insured. Includes copyrighted material of Insurance US 4096 0121 Services Office, Inc., with its permission. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CINCIPLUSO COMMERCIAL PROPERTY POWER XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART The insurance coverage and Limits of Insurance provided by this endorsement are excess of, and ap- ply in addition to, any similar or identical coverage provided by any other endorsement attached to this Coverage Part, or by any other Coverage Part forming a part of the policy of insurance of which this Coverage Part forms a component. SCHEDULE Blanket Coverage urnitFs150,000 Applicable only to those coverages subject to the Blanket Coverage Limit, as indicated in this endorsement A Accounts Receivable For the purposes of this endorsement only 1. In BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION A COVERAGE, 5. Coverage Exten- sions, a. Accounts Receivable, the second paragraph in (3)(b) Away From Your Premises is deleted in its entirety and replaced by the following: This limit of insurance for Away From Your Premises coverage is not included within the Blanket Coverage Limit and is separate and in addition to the Blanket Coverage Limit. 2. In BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION A COVERAGE, 5. Coverage Exten- sions, a. Accounts Receivable, the last paragraph is deleted in its entirety and replaced by the following: The most we will pay for loss in any one occurrence under this Accounts Receiv- able Coverage Extension is the Blanket Coverage Limit as provided in Section Y of this endorsement. B. Business Income and Extra Expense For the purposes of this endorsement only, in BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A COVER- AGE, 5. Coverage Extensions, b. Busi- ness Income and Extra Expense is modi- fied as follows: Business Income From Dependent Properties a. For Business Income from De- pendent Properties only, Para- graph b.(1) is deleted in its entirety and replaced by the following: (1) Business Income From De- pendent Properties We will pay for the actual loss of "Business Income" you sus- tain due to the necessary "sus- pension" of your "operations" during the "period of restora- tion". The "suspension" must be caused by direct "loss" to "dependent property" caused by or resulting from any Cov- ered Cause of Loss. However, coverage under this endorsement does not apply when the only "loss" to "de- pendent properly' is "loss" to "electronic data", including de- struction or corruption of "elec- tronic data". If the "dependent property' sustains "loss" to Includes copyrighted material of Insurance FA 258 05 16 Services Office, Inc., with its permission. Page 1 of 13 "electronic data" and other property, coverage under this endorsement will not continue once the other property is re- paired, rebuilt, or replaced. b. Limit of Insurance for Dependent Properties The most we will pay for loss in one occurrence under Business In- come From Dependent Properties is $5,000. This Limit of Insurance is included within, and is not in addi- tion to, the Limit of Insurance for the "Business Income" and Extra Ex- pense Coverage Extension. c. Loss Determination for Depend- ent Properties For Business Income from De- pendent Properties only, the fol- lowing is added: Resumption of Operations We will reduce the amount of your: (1) "Business Income" loss, other than Extra Expense, to the ex- tent you can resume "opera- tions", in whole or in part, by using any other available (a) Source of materials; or (b) Outlet for your products. (2) Extra Expense loss to the ex- tent you can return "operations" to normal and discontinue such Extra Expense. d. Definitions SECTION G. DEFINITIONS is amended to include the following definitions: (1) "Dependent property' means property operated by others whom you depend on to: (a) Deliver materials or ser- vices to you, or to others for your account (Contrib- uting Locations). But any property which delivers the following services is not a Contributing Location with respect to such services: 1) Water Supply ser- vices; 2) Power Supply ser- vices; or 3) Communication sup- ply services, including services relating to In- ternet access or ac- cess to any electronic network; (b) Accept your products or services; (c) Manufacture products for delivery to your customers under contract of sale; or (d) Attract customers to your business. (2) The "Period of restoration" Def- inition, with respect to "de- pendent property', is replaced by the following: "Period of restoration" means the period of time that: (a) Begins 24 hours after the time of direct "loss" caused by or resulting from any Covered Cause of Loss at the "premises" of the "de- pendent property; and (b) Ends on the date when the property at the "premises" of the "dependent proper- ty' should be repaired, re- built or replaced with rea- sonable speed and similar quality. "Period of restoration" does not include any increased period required due to the enforce- ment of any ordinance or law that: (a) Regulates the construc- tion, use or repair, or re- quires the tearing down of any property; or (b) Requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of "pollutants". The expiration date of this Coverage Part will not cut short the "period of restoration". The most we will pay is the Business Income From Dependent Properties sublimit of insurance. This Limit of In- surance is included within, and is not in addition to, the Limit of Insurance for the Includes copyrighted material of Insurance FA 258 05 16 Services Office, Inc., with its permission. Page 2 of 13 "Business Income" and Extra Expense Coverage Extension. 2. Interruption of Computer Operations a. For Interruption of Computer Op- erations only, all references to $2,500 in b. Business Income and Extra Expense, Paragraph (7)(c) are deleted and replaced by $25,000. b. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS is amended as follows: With respect to a "suspension" of "operations" caused only by an in- terruption in computer operations due to the destruction or corruption of "electronic data" as described in SECTION A. COVERAGE, 5. Cov- erage Extensions, d. Electronic Data, Paragraph a. of Definition 11. "Period of restoration" is deleted and replaced by the following: a. Begins 24 hours after the time of direct "loss". 3. Business Income and Extra Expense Revised Limits of Insurance The last paragraph is deleted in its en- tirety and replaced by the following: The most we will pay for loss in any one occurrence under this "Business In- come" and Extra Expense Coverage Ex- tension is $100,000. C. Electronic Data Processing Property For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVER- AGE, 5. Coverage Extensions is amended by adding the following: Electronic Data Processing Property (1) Covered Property You may extend the Coverage provided by this Coverage Part to apply to direct "loss" to Covered Property consisting of your: (a) Data processing equipment; (b) Air conditioning and other electrical equipment, used exclusively with your data processing equipment; (d) "Electronic data", but only as ex- cess over what is valid and collecti- ble under SECTION A. COVER- AGE, 5. Coverage Extensions, d. Electronic Data; (e) Media, meaning materials on which "electronic data" is recorded, such as magnetic tapes, disc packs, pa- per tapes and cards, floppy discs and compact discs used in pro- cessing units; and (f) Property of others in your care, cus- tody or control that is similar to property described in (1)(a) through (e) above. (2) Property Not Covered This Coverage Extension does not apply to: (a) Accounts, records, documents and other "valuable papers and records" unless they are programming doc- umentation or instruction manuals. However, we will cover these items once they are converted to "elec- tronic data" form. (b) "Electronic data" or media that can- not be replaced with similar property of equal quality. (c) Your property that you have rented or leased to someone else and that property is not at your "premises". (d) Any machine or apparatus that is used for' research, medical, diag- nostic, surgical, dental or pathologi- cal purposes. (e) "Production equipment". (3) Exclusions (a) BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Cov- ered Causes of Loss, b. Exclu- sions does not apply except as fol- lows: 1) Exclusion (1)(c) Governmen- tal Action; 2) Exclusion (1)(d) Nuclear Haz- ard; 3) Exclusion (1)(f) War and Mili- tary Action; (c) Programming documentation and 4) Exclusion (2)(b) Delay or instruction manuals; Loss of Use; Includes copyrighted material of Insurance FA 258 05 16 Services Office, Inc., with its permission. Page 3 of 13 5) Exclusion (2)(d) Miscellane- ous Causes of Loss, 1) Wear and tear; 6) Exclusion (2)(h) Dishonest or Criminal Acts; 7) Exclusion (3)(b) Acts or De- cisions; and 8) Exclusion (3)(c) Defects, Er- rors and Omissions. (b) In addition to Paragraph (3)(a) of this Coverage Extension, we will not pay for the following: Hidden or latent defect, gradual de- terioration, and depreciation. How- ever, if direct "loss" by a Covered Cause of Loss results, we will pay for that resulting "loss". (4) Duplicate and Backup "Electronic Da- ta" We will pay for direct "loss' resulting from any of the Covered Causes of Loss to duplicate and backup "electronic data" that you store at a "premises" not de- scribed in the Declarations providing such "electronic data" is not covered by another policy. The most we will pay for loss in any one occurrence is $2,000. This Limit of Insurance is in addition to the other limits provided by this Cover- age Extension. (5) Newly Purchased Electronic Data Processing Property BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Exten- sions, 1. Newly Purchased, Leased or Constructed Property is deleted in its entirety and replaced by the following: (a) We will pay for direct 'loss" from a Covered Cause of Loss to newly purchased or leased Covered Property described in Paragraph (1) of this Coverage Extension while at: 1) Locations that are newly pur- chased or leased; 2) Your newly constructed build- ings or additions at a "premis- es": or 3) Any "premises" described in the Declarations. (b) Insurance under this Coverage Ex- tension for such newly acquired property, or Covered Property al- ready insured by this Coverage Ex- tension which is moved to a newly acquired location, will end when any of the following first occurs: 1) This Coverage Part expires; 2) 90 days pass from the date you acquire your new property or move Covered Property to a newly acquired location; or 3) You report values to us The most we will pay for loss in any one occurrence is $10,000. This Limit of In- surance is in addition to the other limits provided by this Coverage Extension. (6) In Transit or Away From Premises SECTION A. COVERAGE, 5. Coverage Extensions, e. Exhibitions, Fairs or Trade Shows, m. Property Off Prem- ises and p. Transportation are deleted in their entirety and replaced by the fol- lowing: (a) You may extend the insurance pro- vided by this Coverage Extension to apply to Covered Property as de- scribed in Paragraph (1): 1) While in or on a vehicle, includ- ing loading and unloading; or 2) While at a location that is not your "premises". (b) This In Transit or Away From Premises coverage does not apply per location. The most we will pay for loss in any one occurrence is $10,000. This Limit of In- surance is not in addition to the other limits provided by this Coverage Exten- sion. (7) Worldwide Laptop Coverage (a) You may extend the insurance pro- vided by this Coverage Extension to apply to your laptops, notebooks and similar highly portable personal computers, including their periph- erals and accessories, while such specific Covered Property is: 1) In your or your employee's care, custody and control; 2) Not located at a "premises" you own or lease; and 3) Not located in the coverage ter- ritory stated in Paragraph 2. of the Commercial Property Con- dition H. Policy Period, Cov- erage Territory, provided that location is not under a United Includes copyrighted material of Insurance FA 258 05 16 Services Office, Inc., with its permission. Page 4 of 13 States Department of State However, the most we will trade or travel restriction at the pay is the least of the fol- time of "loss". lowing: (b) This Worldwide Laptop Coverage (a) The actual cost to re- does not apply per location. pair or restore the 8 Electronic Data Processing Property property a maand teri- () 9 P rtY als of like kind and Deductible quality, SECTION C. DEDUCTIBLE is amended (b) The cost of replacing to include the following: that property with We wll not pay for direct "loss" in any property of similar one occurrence unless the amount of quality and function; "loss" exceeds the Deductible shown in (c) The amount you actu- the Declarations. We will then pay the ally and necessarily amount of "loss" in excess of the De- spend to repair or re- ductible, up to the Limit of Insurance place the property; or provided by this Coverage Extension. (d) The Limit of Insurance However, direct "loss" caused b y or re- applicable to the sulting from any of the following Causes property. of Loss will have the greater of the De- ductible shown in the Declarations or (2) If you do not repair or re- $1,000 as the applicable deductible: place this property within a reasonable time following a. "Loss" caused b faulty construction, Y t1' a direct "loss", the most we error in design or processing, or ser- will pay will be the least of vice or work upon the data pro- the following: cessing system; (a) Actualvalue" of b. "Loss" resulting in mechanical the ro eash p p breakdown, short circuiting, blowout, or other electrical damage, unless (b) "Actual cash value" of caused by lightning; or repairs with material like kind and quali- c. "Loss" caused by or resulting from ty ; or interruption of power supply, power surge, blackout or brownout. (c) The Limit of Insurance to the cabl(9) Electronic Data Processing Property pplierty. ro p Valuation We reserve the right to SECTION D. LOSS CONDITIONS, 7. pair replace the property ty Valuation is deleted in its entirety and or to p pay for the property in replaced by the following: money. 7. Valuation of Electronic Data Pro- In the event of "loss", the cessing Property value of property will be In the event of direct "loss", we will determined at the time of determine the value of Covered direct "loss". Property as described in Paragraph b. For "electronic data": (1) of this Coverage Extension as follows: We will not pay more than the actual reproduction costs of t for "electronic data": a. Except your "electronic data". If you do (1) If you repair or replace this not replace or reproduce your Electronic Data Processing "electronic data" following the property within a reasona- "loss", the most we will pay is ble time following the di- the cost of blank media as de- rect "loss", the property will scribed in Paragraph C.(1)(e) of be valued at the full cost of this Coverage Extension. repair or replacement. Includes copyrighted material of Insurance FA 258 05 16 Services Office, Inc., with its permission. Page 5 of 13 (10) Electronic Data Processing Property Additional Definition The following definition is added to SECTION G. DEFINITIONS of the BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM: "Production equipment' means any ma- chinery and related components, includ- ing any integrated or dedicated comput- er system, which is used, or can be used, to produce or process other tangi- ble property. The most we will pay in total for all loss in any one occurrence for coverages described in Paragraphs C.(1), (6), and (7) is the Blan- ket Coverage Limit as provided in Section Y. of this endorsement. D. Fine Arts For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A COVER- AGE, 5. Coverage Extensions is amended to include the following: Fine Arts (1) We will pay for direct "loss" to paintings, etchings, pictures, tapestries, art glass windows, and other bona fide works of art of rarity, historical value, or artistic merit. The direct "loss" must be caused by or result from a Covered Cause of Loss. (2) SECTION D. LOSS CONDITIONS, 7. Valuation is deleted in its entirety and replaced by the following: We will determine the value of Covered Property in the event of direct 'loss" at the market value at the time of 'loss". The most we will pay for loss in any one oc- currence under this Coverage Extension is $25,000. E. Ordinance or Law For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A COVER- AGE, 4. Additional Coverages, g. Ordi- nance or Law, the last paragraph is deleted in its entirety and replaced by the following: The most we will pay for loss in any one oc- currence under Paragraph (a) Loss of Use of Undamaged Parts of the Building is the Limit of Insurance shown in the COMMER- CIAL PROPERTY COVERAGE PART DEC- LARATIONS as applicable to the covered building or structure sustaining "loss". This Coverage is included within, and not in addi- tion to, that applicable Limit of Insurance. The most we will pay for all loss in any one occurrence under Paragraph (b) Demolition Costs and Paragraph (c) Increased Costs of Construction is the Blanket Coverage Limit as provided in Section Y of this en- dorsement per building or structure sustain- ing loss. This is an additional Limit of Insur- ance applicable to the building or structure sustaining loss. F. Pollutant Clean Up and Removal For the purposes of this endorsement only, in BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A COVER- AGE, 4. Additional Coverages, h. Pollutant Clean Up and Removal, the last paragraph is deleted in its entirety and replaced by the following: The most we will pay for each "premises" under this Pollutant Clean Up and Removal Coverage Extension is $25,000. This limit in- cludes the sum of all covered expenses aris- ing out of Covered Causes of Loss during each "coverage term". This is in addition to the Limits of Insurance shown in the COM- MERCIAL PROPERTY COVERAGE PART DECLARATIONS. G. Underground Property For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A COVER- AGE, 5. Coverage Extensions is amended to include the following: Underground Property (1) We will pay for direct "loss" resulting from any of the Covered Causes of Loss to: (a) Foundations of covered buildings, structures, machinery or boilers, if their foundations are below the low- est basement floor or the surface of the ground if there is no basement; and (b) Underground pipes, flues or drains if they are attached to Covered Property. (2) SECTION A. COVERAGE, 2. Property Not Covered, g. Foundations is delet- ed in its entirety and replaced by the fol- lowing: g. Foundations Foundations of buildings, structures, machinery or boilers, if their founda- tions are below: Includes copyrighted material of Insurance FA 258 05 16 Services Office, Inc., with its permission. Page 6 of 13 (1) The lowest basement floor; or (2) The surface of the ground, if there is no basement; except as provided in SECTION A COVERAGE, 5. Coverage Exten- sions. (3) SECTION A. COVERAGE, 2. Property Not Covered, n. Underground Pipes, Flues or Drains is deleted in its entirety and replaced by the following: n. Underground Pipes. Flues or Drains Underground pipes, flues or drains, except as provided in SECTION A COVERAGE, 5. Coverage Exten- sions. The most we will pay for loss in any one oc- currence is the Limit of Insurance shown in the COMMERCIAL PROPERTY COVER- AGE PART DECLARATIONS as applicable to the covered building or structure incurring direct "loss". This Coverage is included with- in, and not in addition to, that applicable Limit of Insurance. H. Valuable Papers and Records For the purposes of this endorsement only: 1. In BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION A COVERAGE, 5. Coverage Exten- sions, r. Valuable Papers and Rec- ords, the second paragraph in (4)(b) Away From Your Premises is deleted in its entirety and replaced by the follow- ing: This limit of insurance for Away From Your Premises coverage is not included within the Blanket Coverage Limit and is separate and in addition to the Blanket Coverage Limit. 2. In BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION A COVERAGE, 5. Coverage Exten- sions, r. Valuable Papers and Rec- ords, the last paragraph is deleted in its entirety and replaced by the following: The most we will pay for loss in any one occurrence under this Valuable Papers and Records Coverage Extension is the Blanket Coverage Limit as provided in Section Y of this endorsement. 1. Water Backup Discharged from Sewers, Drains, Septic or Sump Pump Systems For the purposes of this endorsement only: (1) BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION A COVERAGE, 3. Covered Causes of Loss, b. Exclusions, (1)(g) Water, Paragraph 3) is deleted in its entirety and replaced by the following: 3) Except as provided in SECTION A COVERAGE, 5. Coverage Exten- sions, Water Backup Discharged from Sewers, Drains, Septic or Sump Pump Systems, water that has entered and then backs up through and is discharged from a sewer, drain, septic system, sump pump system or related equipment; or (2) BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION A COVERAGE, 3. Covered Causes of Loss, b. Exclusions, (1)(g) Water, Paragraph 5) is deleted in its entirety and replaced by the following: 5) Except as provided in SECTION A COVERAGE, 5. Coverage Exten- sions, Water Backup Discharged from Sewers, Drains, Septic or Sump Pump Systems, waterborne material carried or otherwise moved by any of the water referred to in Paragraph 1), 3) or 4), or material carried or otherwise moved by mudslide or muciflow as described in Paragraph (g)2). (3) BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION A COVERAGE, 5. Coverage Exten- sions, is amended to include the follow- ing: Water Backup Discharged From Sew- ers, Drains, Septic or Sump Pump Systems We will pay for "loss" caused by or re- sulting from water or waterborne materi- al that has entered and then backs up through and is discharged from a sewer, drain (including roof drains and related fixtures), septic system, sump pump sys- tem or related equipment. (4) SECTION C. DEDUCTIBLE is amended by adding the following: Water Backup Deductible We will not pay for "loss" in any one oc- currence caused by or resulting from water or waterbome material which backs up through and is discharged from a sewer, drain, septic system, sump pump system or related equipment, until the amount of "loss" exceeds the De - Includes copyrighted material of Insurance FA 258 0516 Services Office, Inc., with its permission. Page 7 of 13 ductible shown in the Declarations, or $1,000, whichever is greater. We will then pay the amount of "loss" in excess of that deductible, up to the applicable limit indicated in Paragraph (5) of this Coverage Extension. (5) The most we will pay for loss in any one occurrence under this Water Backup Discharged from Sewers, Drains, Septic or Sump Pump Systems Coverage Ex- tension is $10,000, including any "Busi- ness Income", "Rental Value" and Extra Expenseloss. J. Fire Department Service Charge For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVER- AGE, 4. Additional Coverages, c. Fire De- partment Service Charge is deleted in its entirety and replaced by the following: When the fire department is called to save or protect Covered Property from a Covered Cause of Loss, we will pay up to $25,000 in any one occurrence for Fire Department Ser- vice Charge for your liability, which is deter- mined prior to direct "loss", for fire depart- ment service charges: (1) Assumed by contract or agreement; or (2) Required by local ordinance. This Coverage is in addition to the Limits of Insurance shown in the COMMERCIAL PROPERTY COVERAGE PART DECLA- RATIONS and applies per location. Such lim- it is the most we will pay regardless of the number of responding fire departments or fire units, and regardless of the number or type, of services performed. K. Signs For the purposes of this endorsement only, in BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVER- AGE, 5. Coverage Extensions, n. Signs, the second paragraph is deleted in its entire- ty and replaced by the following: The most we will pay for loss in any one oc- currence under this Sign Coverage Extension is $10,000. The most we will pay for loss in any one oc- currence under this Outdoor Property Cover- age Extension is $25,000, but not more than $1,000 for any one tree, shrub, or plant. M. Personal Effects For the purposes of this endorsement only, in BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVER- AGE, 5. Coverage Extensions, I. Personal Effects, the last two paragraphs are deleted in their entirety and replaced by the following: If theft is included as a Covered Cause of Loss under this Coverage Part, then this Personal Effects Coverage Extension has a $1,000 per occurrence limitation for direct "loss" by theft. The most we will pay for loss in any one oc- currence under this Personal Effects Cover- age Extension is $25,000. N. Tenant Move Back Expenses For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVER- AGE, 5. Coverage Extensions is amended to include the following: Tenant Move Back Expenses (1) We will reimburse you for expenses you pay for Covered Move Back Costs of your tenants who temporarily vacate a portion of the building at a "premises". The vacancy must have occurred while the portion of the building rented by your tenant could not be occupied due to di- rect 'loss" to your Covered Property caused by or resulting from a Covered Cause of Loss during the "coverage term". The move back must be complet- ed within 60 calendar days after the por- tion of the building rented by your tenant has been repaired or rebuilt and is ready for occupancy. (2) Covered Move Back Costs means only documented, reasonable and necessary costs of. (a) Packing, insuring and transporting business personal property; L. Outdoor Property (b) Re-establishing electric utility and communication services, less re - For the purposes of this endorsement only, in funds from discontinued services; BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVER- (c) Assembling and setting up fixtures AGE, 5. Coverage Extensions, k. Outdoor and equipment; or Property, the last paragraph is deleted in its (d) Unpacking and re -shelving stock entirety and replaced by the following: and supplies. Includes copyrighted material of Insurance FA 258 05 16 Services Office, Inc., with its permission. Page 8 of 13 (3) If your tenants have valid and collectible insurance for Covered Move Back Costs, we will pay only for the amount of Covered Move Back Costs in excess of the amount payable from such other in- surance. The most we will pay for loss in any one oc- currence under this Tenant Move Back Ex- penses Coverage Extension is the Blanket Coverage Limit as provided in Section Y of this endorsement. 0. Peak Season For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A COVER- AGE, 5. Coverage Extensions is amended to include the following: Peak Season In the event that the limit of insurance stated in the Declarations for Business Personal Property is insufficient to fully insure a covered "loss" due to a Peak Season Demand for your inventory, we will pay up to the Blanket Coverage Limit as provided in Section Y of this en- dorsement. 2. Peak Season Demand means a tempo- rary (90 consecutive days or less) in- crease in your inventory to meet a sea- sonal demand as verified by: a. Your previous inventory records for that historical period of time; and b. Custom and practice in your indus- try. P. Personal Property of Others For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A COVER- AGE, 5. Coverage Extensions is amended to include the following: Personal Property of Others In the event that the limit of insurance stated in the COMMERCIAL PROPERTY COVER- AGE PART DECLARATIONS for Business Personal Property is insufficient to fully in- sure a covered 'loss" to both your Covered Personal Property and property described in Paragraph (8) of SECTION A COVERAGE, 1. Covered Property, d. Business Person- al Property, we will pay up to the Blanket Coverage Limit in any one occurrence as provided in Section Y of this endorsement for such property. Q. Debris Removal For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A COVER- AGE, 5. Coverage Extensions is amended to include the following: In the event that the limits of insurance stated in BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A COVER- AGE, 4. Additional Coverages, b. Debris Removal are insufficient to fully cover a "loss" insured thereunder, we will pay up to the Blanket Coverage Limit in any one occur- rence as provided in Section Y of this en- dorsement. R. Fire Protection Equipment Recharge For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A COVER- AGE, 4. Additional Coverages, d. Fire Pro- tection Equipment Recharge, the last par- agraph is deleted and replaced by the follow- ing: The most we will pay for loss in any one oc- currence under this Fire Protection Equip- ment Recharge Coverage Extension is $50,000. This Coverage is in addition to the Limits of Insurance shown in the COMMER- CIAL PROPERTY COVERAGE PART DEC- LARATIONS. S. Paved Surfaces For the purposes of this endorsement only 1. BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION A COVERAGE, 2. Property Not Cov- ered, I. Paved Surfaces is deleted in its entirety and replaced by the following: Except as provided in 4. Additional Coverages, Paved Surfaces, bridges, roadways, walks, patios or other paved surfaces. 2. BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION A COVERAGE, 4. Additional Cover- ages is amended to include the follow- ing: Paved Surfaces We will pay for direct "loss" resulting from any of the Covered Causes of Loss to bridges, roadways, walks, patios or other paved surfaces. The most we will pay for loss in any one occurrence under this Paved Surfaces Coverage Extension is $25,000. Includes copyrighted material of Insurance FA 258 05 16 Services Office, Inc., with its permission. Page 9 of 13 T. Temperature Change For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVER- AGE, 5. Coverage Extensions is amended to include the following: Temperature Change (1) Coverage (a) BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 1. Cov- ered Property is deleted in its en- tirety and replaced by the following: Covered Property means "perisha- ble stock" located in a building at a "premises". (b) BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 2. Property Not Covered is deleted in its entirety and replaced by the fol- lowing: Covered Property does not include: "Perishable Stock" Not in Build- ings "Perishable stock" located on build- ings, in or on vehicles, or otherwise in the open. (2) Covered Causes of Loss BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of Loss, a. Covered Causes of Loss is deleted in its entirety and replaced by the following: a. Covered Causes of Loss Covered Causes of Loss means di- rect "loss" from "temperature change" to Covered Property unless "loss" is excluded or limited in this Coverage Part. (3) Excluded Causes of Loss (a) BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION A. COVERAGE, 3. Cov- ered Causes of Loss, b. Exclu- sions does not apply to this Cover- age Extension, except as follows: (3) Exclusion (1)(d) Nuclear Haz- ard; (4) Exclusion (1)(f) War and Mili- tary Action; (5) Exclusion (1)(g) Water; or (6) Exclusion (1)(h) "Fungi", Wet Rot, Dry Rot, and Bacteria. (b) In addition to Paragraph (3)(a) of this Coverage Extension, we will not pay for direct "loss" caused by or resulting from any of the following: 1) The disconnecting of any heat- ing, refrigerating, cooling or humidity control system from the source of its power; 2) The deactivation of electrical power caused by the manipula- tion of any switch or other de- vice (on "premises") used to control the flow of electrical power or current; 3) The inability of an Electrical Utility Company or other power source to provide sufficient power due to: a) Lack of fuel; or b) Governmental order; 4) The inability of a power source at the "premises" to provide sufficient power due to the lack of generating capacity to meet demand; or 5) Breaking of any glass that is a permanent part of any heating, refrigeration, cooling or humidi- ty control unit. (4) Limits of Insurance BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION B. LIMITS OF INSURANCE is deleted in its entirety and replaced by the following: SECTION B. LIMITS OF INSURANCE a. The most we will pay for all direct "loss" in any one occurrence under this Temperature Change Coverage Extension is $15,000, including any "Business Income", "Rental Value", and Extra Expense loss. (1) Exclusion (1)(b) Earth Move- b. The Limit of Insurance for Tempera- ment; ture Change is not an additional amount of insurance and will not in- (2) Exclusion (1)(c) Governmen- crease the Limit of Insurance shown tal Action; Includes copyrighted material of Insurance FA 258 05 16 Services Office, Inc., with its permission. Page 10 of 13 in the Declarations for Business Personal Property or "stock". (5) Duties in the Event of Loss BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION D. LOSS CONDITIONS, 3. Duties in the Event of Loss or Damage, a.(2) is deleted in its entirety and replaced by the following: (2) All claims under this Temperature Change Coverage Extension should be reported immediately upon oc- currence. Include a description of the damaged "perishable stock". All damaged "perishable stock" must be available for inspection and veri- fication. (6) Coinsurance BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION E. ADDITIONAL CONDITIONS, 1. Co- insurance does not apply to the cover- age provided by this endorsement. (7) Definitions BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM, SECTION G. DEFINITIONS is amended to include the following definitions: "Perishable stock" means personal property: a. Preserved and maintained under controlled conditions; and b. Susceptible to 'loss" if the con- trolled conditions change. "Temperature change" means a. The fluctuation or total interruption of electrical power, either on or off "premises", resulting from condi- tions beyond your control. b. Mechanical breakdown or mechani- cal failure of any refrigerating or cooling apparatus or equipment (on "premises") including the blowing of any fuse, fuses, or circuit breakers, only while such equipment is at the "premises". c. Contamination by refrigerant. d. Damage due to the freezing of "per- ishable stock" that is not meant to be frozen resulting from the faulty operation of any stationary heating plant, when such "perishable stock" is contained within a building at the "premises". U. Nonowned Building Damage For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVER- AGE, 5. Coverage Extensions, j. Nonowned Building Damage is deleted in its entirety and replaced by the following: If you are a tenant, you may extend the in- surance provided by this Coverage Part for Business Personal Property to direct "loss" that occurs to the building at a "premises" you occupy but do not own. This Coverage Extension applies only if your lease makes you legally responsible for that part of the building sustaining "loss". This Coverage Extension does not apply to: (1) Glass, including lettering and ornamen- tation, and also necessary: (a) Repair or replacement of encasing frames or alarm tapes; and (b) Expenses incurred to board up openings or remove or replace ob- struction. (2) Building materials and equipment re- moved from the "premises". The most we will pay for loss in any one oc- currence under this Nonowned Building Damage Coverage Extension is: (1) The actual "loss" sustained up to the applicable Limit of Insurance for Busi- ness Personal Property for direct "loss" caused by theft, burglary or robbery, or the attempt of the foregoing; or (2) The applicable Limit of Insurance for Business Personal Property or $25,000, whichever is less, for 'loss" caused by any other Covered Cause of Loss, not referenced in Paragraph U.(1) above. V. Inflation Guard For the purposes of this endorsement only, the COMMERCIAL PROPERTY COVER- AGE PART DECLARATIONS is amended to show 4% for Inflation Guard in the OPTION- AL COVERAGES - Inflation Guard column for each scheduled Building Property. If an Inflation Guard percentage is already indicat- ed on the COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS for that Building property, this percentage is ex- cess of that Inflation Guard percentage for that Building property. W. Brands and Labels For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY Includes copyrighted material of Insurance FA 258 0516 Services Office, Inc., with its permission. Page 11 of 13 COVERAGE FORM, SECTION A. COVER- (c) Substations; AGE, 5. Coverage Extensions is amended to include the following: (d) Transformers; and Brands and Labels (e) Transmission, distribution, ser- vice, or similar lines, including If branded or labeled merchandise that is all such overhead lines of any Covered Property is damaged by a Covered type, except as modified in Cause of Loss, we may take all or any part of Paragraph X.(6) below; the property at an agreed or appraised value. If so, you may: (2) Water Supply Property, meaning the following types of property sup- (1) Stamp "salvage" on the merchandise or plying water to the "premises": its containers, if the stamp will not physi- cally damage the merchandise; or (a) Pumping stations; and (2) Remove the brands or labels, if doing so (b) Water mains. will not physically damage the merchan- (3) Wastewater Removal Property, dise. You must re -label the merchandise meaning a utility system for remov- or its containers to comply with the law. ing wastewater and sewage from The most we will pay for loss in any one the "premises", other than a system occurrence under this Brands and La- designed primarily for draining bels Coverage Extension is $25,000. storm water. The utility property in- cludes sewer mains, pumping sta- X. Utility Services tions and similar equipment for moving the effluent to a holding, For the purposes of this endorsement only, treatment or disposal facility, and BUILDING AND PERSONAL PROPERTY includes such facilities. Coverage COVERAGE FORM, SECTION A. COVER- under this Coverage Extension AGE, 5. Coverage Extensions, q. Utility does not apply to interruption in Services is deleted in its entirety and re- service caused by or resulting from placed by the following: a discharge of water or sewage due to heavy rainfall or flooding. q. Utility Services (4) Communication Supply Property, We will pay for: meaning property supplying com- (1) Direct "loss" to Covered Property at munication services, including ser- your "premises" except for direct vice relating to Internet access or "loss" resulting from the partial or access to any electronic, cellular, or complete failure of Wastewater satellite network; telephone, radio, Removal Services; and microwave, or television services to the "premises", such as: (2) Loss of "Business Income", 'Rental (a) Communication transmission, Value" and Extra Expenses as pro- distribution, service, or similar vided in SECTION A. COVERAGE, lines, including fiber optic lines, 5. Coverage Extensions, b. Busi- including all such overhead ness Income and Extra Expense; lines of any type, except as caused by or resulting from the partial or modified in Paragraph X.(6) be - complete failure of utility services to the low; "premises". (b) Coaxial cables; and The partial or complete failure of the (c) Microwave radio relays, exdud- utility services listed below must be "loss" ing satellites. caused by direct caused by a Covered Cause of Loss to the following (5) This Coverage Extension does not property: apply to direct "loss" to "electronic (1) Power Supply Property, meaning data", including destruction or cor- "electronic the following types of property sup- ruption of data". plying electricity, steam or natural (6) When "loss" from the partial or gas to the "premises": complete interruption of utility ser- (a) Utility generating plants; vices to a "premises" is caused "loss" solely by to overhead lines of (b) Switching stations; any type: Includes copyrighted material of Insurance FA 258 0516 Services Office, Inc., with its permission. Page 12 of 13 (a) The most we will pay in any (2) Immediately after the one occurrence for direct "loss" time of direct "lose' for and loss of "Business Income", Extra Expense Cover - "Rental Value" and Extra Ex- age. pense is $5,000. This Limit of Insurance is part of, not in addi- The most we will pay for all direct "loss" and tion to, the Limit of Insurance loss of "Business Income", "Rental Value" provided by this Utility Services and Extra Expense in any one occurrence Coverage Extension; and under this Utility Services Coverage Exten- sion is $75,000. (b) For loss of "Business Income", "Rental Value" and Extra Ex- Y. Blanket Coverage Limit pense, SECTION G. DEFINI- We will pay up to the Limit of Insurance stat- TIONS, 11. Period of restora- ed in the Schedule of this endorsement in to- tion, Paragraph a. is deleted in tal in any one occurrence for the sum of all its entirety and replaced by the "loss" insured under coverages provided in following: this endorsement which are subject to the a. Begins: Blanket Coverage Limit. You may apportion this Limit among these coverages as you (1) 24 hours after the time choose. of direct "loss" for "Business Income" and "Rental Value" Coverage; or Includes copyrighted material of Insurance FA 258 0516 Services Office, Inc., with its permission. Page 13 of 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT - TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement -Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.......................................................................................2 2. Unintentional Failure To Disclose Hazards.............................................................................8 3. Damage To Premises Rented To You......................................................................................8 4. Supplementary Payments...................................................................................................... 10 S. Medical Payments...................................................................................................................10 6. 180 Day Coverage For Newly Formed Or Acquired Organizations...................................10 7. Waiver Of Subrogation........................................................................................................... 10 8. Automatic Additional Insured - Specified Relationships: .................................................. 10 (a) Managers Or Lessors Of Premises (b) Lessor Of Leased Equipment (c) Vendors (d) State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises (e) Mortgagee, Assignee Or Receiver 9. Property Damage To Borrowed Equipment.........................................................................13 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services...................................................................................................................................14 11. Broadened Notice Of Occurrence.........................................................................................14 12. Nonowned Aircraft..................................................................................................................14 13. Bodily Injury Redefined..........................................................................................................15 14. Expected Or Intended Injury Redefined...............................................................................15 15. Former Employees As Insureds............................................................................................ 15 16. Voluntary Property Damage Coverage and Care, Custody Or Control Liability Coverage.................................................................................................................................. 15 17. Broadened Contractual Liability - Work Within 50' Of Railroad Property .........................17 18. Alienated Premises................................................................................................................. 17 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 b. Loss Of Earnings: $ 500 Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 1 of 17 S. Medical Payments Medical Expense Limit: $10,000 9.. Property Damage To Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage D) and Care, Custody Or Control Liability Coverage Limits Of Insurance Voluntary Property Damage Coverage: $1,000 Each Occurrence $5,000 Aggregate Care, Custody Or Control Liability Coverage: $5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Voluntary Property Damage Coverage: $250 Care, Custody Or Control Liability Coverage: $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e) Other Care, Custody Or Control $ Liability TOTAL ANNUAL PREMIUM is C. Coverages 1) The amount we will pay Benefit Liability Coverage for damages is limited 1. Employee Ty g as described in C. Cov- a. The following is added to Section I - erages, 1. Employee Coverages: Benefit Liability Cover- age, c. Limits Of Insur- EMPLOYEE BENEFIT LIABILITY ance of this endorse - COVERAGE ment; and (1) Insuring Agreement 2) Our right and duty to (a) We will pay those sums that defend ends when we have used up the appli- the insured becomes legally cable limit of insurance obligated to pay as damag- in the payment of judg- es caused by any act, error ments or settlements. or omission of the insured, or of any other person for No other obligation or liabil- whose acts the insured is ity to pay sums or perform legally liable, to which this acts or services is covered insurance applies. We will unless explicitly provided for have the right and duty to under Supplementary Pay - defend the insured against ments. any "suit" seeking those damages. However, we will (b) This insurance applies to have no duty to defend damages only if the act, er- against any "suit" seeking ror or omission is negligently damages to which this in- committed in the "admin- surance does not apply. We istration" of your "employee may, at our discretion, in- benefit program"; and vestigate any report of an 1) Occurs during the policy act, error or omission and period; or settle any claim or "suit" that may result. But: Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 2 of 17 2) Occurred prior to the Damages arising out of an "first effective date" of insufficiency of funds to this endorsement pro- meet any obligations under vided you did not have any plan included in the knowledge of a claim or "employee benefit program". "suit" on or before the "first effective date" of (e) Inadequacy Of Perfor- this endorsement. mance Of Invest- ment/Advice Given With You will be deemed to Respect To Participation have knowledge of a claim or "suit" when any Any claim based upon: insured listed under C. 1) Failure of any invest - Coverages, 1. Employ- ment to perform; ee Benefit Liability Cov- erage, b. Who Is An In- 2) Errors in providing in- sured, (1) of this en- formation on past per- dorsement or any "em- formance of investment ployee" authorized by vehicles; or you to give or receive notice of a claim or 3) Advice given to any "suit": person with respect to that person's decision to a) Reports all, or any participate or not to par - part, of the act, er- ticipate in any plan in- ror or omission to cluded in the "employee us or any other in- benefit program". surer; or (f) Workers' Compensation b) Receives a written And Similar Laws or verbal demand or claim for dam- Any claim arising out of your ages because of failure to comply with the the act, error or mandatory provisions of any omission. workers' compensation, un- employment compensation (2) Exclusions insurance, social security or disability benefits law or any This insurance does not apply to: similar law. (a) Bodily Injury, Property (g) ERISA Damage Or Personal And Advertising Injury Damages for which any in- sured is liable because of li- "Bodily injury", "property ability imposed on a fiduci- damage" or "personal and ary by the Employee Re - advertising injury". tirement Income Security (b) Dishonest, Fraudulent, Act of 1974, as now or Criminal Or Malicious Act hereafter amended, or by any similar federal, state or Damages arising out of any local laws. intentional, dishonest, fraudulent, criminal or mali- (h) Available Benefits cious act, error or omission, Any claim for benefits to the committed by any insured, extent that such benefits are including the willful or reck- available, with reasonable less violation of any statute. effort and cooperation of the (c) Failure To Perform A Con- insured, from the applicable tract funds accrued or other col- lectible insurance. Damages arising out of fail- ure of performance of con- (i) Taxes, Fines Or Penalties tract by any insurer. Taxes, fines or penalties, in- (d) Insufficiency Of Funds cluding those imposed un- Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 3 of 17 der the Internal Revenue (c) A limited liability company, Code or any similar state or you are an insured. Your local law. members are also insureds, but only with respect to the (j) Employment -Related Prac- conduct of your business. tices Your managers are in - Any liability arising out of sureds, but only with respect any: to their duties as your man- agers. 1) Refusal to employ; (d) An organization other than a 2) Termination of employ- partnership, joint venture or ment; limited liability company, you are an insured. Your "execu- 3) Coercion, demotion, tive officers" and directors evaluation, reassign- are insureds, but only with ment, discipline, defa- respect to their duties as mation, harassment, your officers or directors. humiliation, discrimina- Your stockholders are also tion or other employ- insureds, but only with re- ment-related practices, spect to their liability as acts or omissions; or stockholders. 4) Consequential liability (e) A trust, you are an insured. as a result of 1), 2) or 3) Your trustees are also in - above. sureds, but only with respect This exclusion applies to their duties as trustees. whether the insured may be (2) Each of the following is also an held liable as an employer insured: or in any other capacity and to any obligation to share (a) Each of your "employees" damages with or repay who is or was authorized to someone else who must pay administer your "employee damages because of the in- benefit program": jury. (b) Any persons, organizations (3) Supplementary Payments or "employees" having prop - Section I -Supplementary Pay- er temporary authorization "employ- administer your"ifu ments - Coverages A and B also ee benefit program" if you a apply to this Coverage, however pP y g die, but only until your legal 1.b. and 2. of the Supplementary representative is appointed; Payments provision do not apply. or b. Who Is An Insured (c) Your legal representative if As respects Employee Benefit Liabil- you die, but only with re- ity Coverage, Section II - Who Is An spect to duties as such. That Insured is replaced by the following: representative will have all your rights and duties under (1) If you are designated in the Dec- this Coverage Part. larations as: (3) Any organization you newly ac- (a) An individual, you and your quire or form, other than a part - spouse are insureds, but on- nership, joint venture or limited ly with respect to the con- liability company, and over which duct of a business of which you maintain ownership or major - you are the sole owner. ity interest, will qualify as a Named Insured if no other similar (b) A partnership or joint ven- insurance applies to that organi- lure, you are insured. y zation. However, coverage under Your members, your part- this provision: ners, and their spouses are also insureds but only with (a) Is afforded only until the respect to the conduct of 180th day after you acquire your business. or form the organization or Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 4 of 17 the end of the policy period, negligently committed in the whichever is earlier; and "administration" of your "employ- ee benefit program". (b) Does not apply to any act, error or omission that was However, the amount paid under committed before you ac- this endorsement shall not ex- quired or formed the organi- ceed, and will be subject to the zation. limits and restrictions that apply to the payment of benefits in any c. Limits Of Insurance plan included in the "employee As respects Employee Benefit Liabil- benefit program." ity Coverage, Section III - Limits Of (4) Deductible Amount Insurance is replaced by the follow- ing: (a) Our obligation to pay dam - (1) The Limits of Insurance shown in ages on behalf of the in- sured applies only to the Section B. Limits Of Insurance, amount of damages in ex- 1. Employee Benefit Liability cess of the Deductible Coverage of this endorsement Amount shown in Section B. and the rules below fix the most Limits Of Insurance,, 1. Em- we will pay regardless of the ployee Benefit Liability Cov- number of. erage of this endorsement (a) Insureds; as applicable to Each Em- ployee. The limits of insur- (b) Claims made or "suits" ance shall not be reduced brought; by the amount of this de- ductible. (c) Persons or organizations making claims or bringing (b) The Deductible Amount "suits" shown in Section B. Limits Of Insurance, 1. Employee (d) Acts, errors or omissions; or Benefit Liability Coverage of (e) Benefits included in your this endorsement applies to "employee benefit program". all damages sustained by any one employee", includ- (2) The Aggregate Limit shown in ing such "employee's" de - Section B. Limits Of Insurance, pendents and beneficiaries, 1. Employee Benefit Liability because of all acts, errors or Coverage of this endorsement is omissions to which this in - the most we will pay for all dam- surance applies. ages because of acts, errors or omissions negligently committed (c) The terms of this insurance, in the "administration" of your including those with respect "employee benefit program". to: (3) Subject to the limit described in 1) Our right and duty to (2) above, the Each Employee defend the insured Limit shown in Section B. Limits against any "suits" Of Insurance, 1. Employee Bene- seeking those damag- fit Liability Coverage of this en- es; and dorsement is the most we will 2) Your duties, and the du - pay for all damages sustained by ties of any other in - any one "employee", including volved insured, in the damages sustained by such event of an act, error or "employee's" dependents and omission, or claim; beneficiaries, as a result of: apply irrespective of the ap- (a) An act, error or omission; or plication of the Deductible (b) A series of related acts, er- Amount. rors or omissions, regard- (d) We may pay any part or all less of the amount of time of the Deductible Amount to that lapses between such effect settlement of any acts, errors or omissions; claim or "suit" and, upon no - Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 5 of 17 tification of the action taken, ceived in connec- you shall promptly reim- tion with the claim burse us for such part of the or "suit"; Deductible Amount as we have paid. (2) Authorize us to ob- tain records and d. Additional Conditions other information; As respects Employee Benefit Liabil- (3) Cooperate with us ity Coverage, Section IV - Commer- in the investigation cial General Liability Conditions is or settlement of the amended as follows: claim or defense against the "suit"; (1) Item 2. Duties In The Event Of and Occurrence, Offense, Claim Or Suit is replaced by the following: (4) Assist us, upon our request, the en- 2. Duties In The Event Of An t of any forcemeat Act, Error, Omission, right against any Claim Or Suit person or organi- a. You must see to it that zation which may we are notified as soon be liable to the in - as practicable of an act, sured because of error or omission which an act, error or may result in a claim. omission to which To the extent possible, this insurance may notice should include: also apply. (1) What the act, error d. No insured will, except or omission was at that insured's own and when it oc- cost, voluntarily make a curred; and payment, assume any obligation, or incur any (2) The names and expense without our addresses of any- consent. one who may suf- fer damages as a (2) Item 4. Other Insurance is re - result of the act, placed by the following: error or omission. 4. Other Insurance b. If a claim is made or If other valid and collectible suit" is brought against insurance is available to the any insured, you must: insured for a loss we cover (1) Immediately record under this Employee Benefit the specifics of the Liability Coverage, our obli- claim or "suit" and gations are limited as fol- the date received; lows: and a. Primary Insurance (2) Notify us as soon This insurance is prima - as practicable. ry except when c. below You must see to it that applies. If this insurance we receive written no- is primary, our obliga- tice of the claim or "suit" tions are not affected as soon as practicable. unless any of the other insurance is also prima- c. You and any other in- ry. Then, we will share volved insured must: with all that other insur- ance by the method de- scribed in Paragraph b. us copies of any below. demands, notices, summonses or le- gal papers re - Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 6 of 17 e. b. Method Of Sharing "employee benefit pro - grams"; or If all of the other insur- ance permits contribu- d. Effecting, continuing or tion by equal shares, terminating any "em- we will follow this meth- ployee's" participation in od also. Under this ap- any benefit included in proach each insurer the "employee benefit contributes equal program". amounts until it has paid its applicable limit However, "administration" of insurance or none of does not include: the loss remains, a, Handling payroll deduc- whichever comes first. tions; or If any of the other in- b, The failure to effect or surance does not permit maintain any insurance contribution by equal or adequate limits of shares, we will contrib- coverage of insurance, ute by limits. Under this including but not limited method, each insurer's to unemployment insur- share is based on the ance, social security ratio of its applicable benefits, workers' com- limit of insurance to the pensation and disability total applicable limits of benefits. insurance of all insur- ers. 2. "Cafeteria plans" means plans authorized by applica- c. Excess Insurance ble law to allow "employees" This insurance is ex- to elect to pay for certain cess over any of the benefits with pre-tax dollars. other insurance, wheth- 3, "Employee benefit pro- er primary, excess, con- grams" means a program tingent or on any other providing some or all of the basis that is insurance following benefits to "em- purchased by you to ployees", whether provided cover damages for acts, through a "cafeteria plan" or errors or omissions that otherwise: occurred prior to the "first effective date". a. Group life insurance; group accident or health Additional Definitions insurance; dental, vision As respects Employee Benefit Liabil- and hearing plans; and ity Coverage, Section V - Definitions flexible spending ac- is amended as follows: counts; provided that no one other than an "em- (1) The following definitions are ployee" may subscribe added: to such benefits and such benefits are made 1. "Administration" means: generally available to a. Providing information to those "employees" who "employees", including satisfy the plan's eligibil- their dependents and ity requirements; beneficiaries, with re- b, Profit sharing plans, spect to eligibility for or employee savings scope of "employee plans, employee stock benefit programs"; ownership plans, pen- b. Interpreting the "em- sion plans and stock ployee benefit pro- subscription plans, pro- vided that no one other grams"; than an "employee" c. Handling records in may subscribe to such connection with the benefits and such bene- Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office. Inc., with its permission. Page 7 of 17 fits are made generally 2. Unintentional Failure To Disclose Haz- available to all "employ- ards ees" who are eligible under the plan for such Section IV - Commercial General Liabil- benefits; ity Conditions, 6. Representations is amended by the addition of the following: c. Unemployment insur- ance, social security Based on our dependence upon your rep - benefits, workers' com- resentations as to existing hazards, if un- pensation and disability intentionally you should fail to disclose all benefits; and such hazards at the inception date of your policy, we will not reject coverage under d. Vacation plans, includ- this Coverage Part based solely on such ing buy and sell pro- failure. grams; leave of ab- sence programs, includ- 3. Damage To Premises Rented To You ing military, maternity, a. The last paragraph of 2. Exclusions family, and civil leave; under Section I - Coverage A - Bod- tuition assistance plans; ily Injury And Property Damage Li - transportation and ability is replaced by the following: health club subsidies. 4. "First effective date" means Exclusions c. through n. do not apply to damage by fire, explosion, light- the date upon which cover- ning, smoke or soot to premises while a age was first effected in a rented to you or temporarily occupied series uninterrupted r series se by you with permission of the owner, of insurance cover- for which the amount we will pay is age. limited to the Damage To Premises (2) The following definitions are de- Rented To You Limit as described in leted in their entirety and re- Section III - Limits Of Insurance. placed by the following: b. The insurance provided under Sec- s. "Employee" means a person tion I - Coverage A - Bodily Injury And actively employed, formerly Property Damage Liability applies to employed, on leave of ab- "property damage" arising out of wa- sence or disabled, or retired. ter damage to premises that are both "Employee" includes a rented to and occupied by you. "leased worker". "Employee" As respects Water Damage Legal Li - does not include a "tempo- ability, as provided in Paragraph 3.b. rary worker". above: 18. "Suit" means a civil proceed- The exclusions under Section 1 - ing in which money damag- Coverage A - Bodily Injury And Prop - es because of an act, error erty Damage Liability, 2. Exclusions, or omission to which this in- other than I. War and the Nuclear surance applies are alleged. Energy Liability Exclusion (Broad "Suit" includes: Form), are deleted and the following a. An arbitration proceed- are added: ing in which such dam- This insurance does not apply to: ages are claimed and to which the insured must (a) "Property damage": submit or does submit with our consent; (i) Assumed in any contract or agreement; or b. Any other alternative dispute resolution pro- (ii) Caused by or resulting from any ceeding in which such of the following: damages are claimed 1) Wear and tear; and to which the in- sured submits with our 2) Rust or other corrosion, de - consent; or cay, deterioration, hidden or latent defect or any quality in c. An appeal of a civil pro- property that causes it to ceeding. damage or destroy itself; Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 8 of 17 3) Smog; (d) 'Property damage" to: 4) Mechanical breakdown, in- (i) Plumbing, heating, air condi- cluding rupture or bursting tioning, fire protection sys- caused by centrifugal force: tems, or other equipment or appliances; or 5) Settling, cracking, shrinking or expansion; (ii) The interior of any building or structure, or to personal 6) Nestingor infestation, or property in the building or discharge or release of structure, caused by or re - waste products or secre- sulting from rain, snow, sleet tions, by insects, birds, ro- or ice, whether driven by dents or other animals; or wind or not. 7) Presence, growth, prolifera- c. Limit Of Insurance tion, spread or any activity of fungus, including mold or With respect to the insurance afford - mildew, and any mycotoxins, ed in Paragraphs 3.a. and 3.b. above, spores, scents or byproducts the Damage To Premises Rented To produced or released by You Limit as shown in the Declara- fungi. tions is amended as follows: (b) 'Property damage" caused di- (1) Paragraph 6. of Section III - Lim- rectly or indirectly by any of the its Of Insurance is replaced by following: the following: (i) Earthquake, volcanic erup- 6. Subject to Paragraph S. tion, landslide or any other above, the Damage To earth movement; Premises Rented To You Limit is the most we will pay (ii) Water that backs up or over- under Coverage A - Bodily flows is otherwise di - Injury And Property Damage ed from a sewer, drain, charged Liability for damages be - sump, sump pump or related cause of "property damage" equipment; to any one premises: (iii) Water under the ground sur- a, While rented to you, or face pressing on, or flowing temporarily occupied by or seeping through: you with permission of 1) Foundations, walls, the owner; floors or paved surfac- b. In the case of damage es; by fire, explosion, light- 2) Basements, whether ning, smoke or soot, paved or not; or while rented to you; or 3) Doors, windows or other c. In the case of damage openings. by water, while rented to and occupied by you. (c) 'Property damage" caused by or resulting from water that leaks or (2) The most we will pay is limited as flows from plumbing, heating, air described in Section B. Limits Of conditioning, fire protection sys- Insurance, 3. Damage To Prem- tems, or other equipment, ises Rented To You of this en - caused by or resulting from dorsement. freezing, unless: 4. Supplementary Payments (i) You did your best to main- Under Section I - Supplementary Pay- tain heat in the building or ments - Coverages A and B: structure; or a. Paragraph 1.b. is replaced by the fol- (ii) You drained the equipment owing: and shut off the water supply if the heat was not main- Up to the limit shown in Section B. tained. Limits Of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 9 of 17 bonds required because of accidents (1) Any person(s) or organization(s) or traffic law violations arising out of described in Paragraph 8.a.(2) of the use of any vehicle to which the this endorsement (hereinafter re - Bodily Injury Liability Coverage ap- ferred to as additional insured) plies. We do not have to furnish these whom you are required to add as bonds. an additional insured under this Coverage Part by reason of a rah 1.d. is replaced b the fol- b. Paragraph P P Y written contract, written agree - lowing: ment, written permit or written All reasonable expenses incurred by authorization. the insured at our request to assist us (2) Only the following persons or Or- in the investigation or defense of the ganizations are additional in - claim or "suit, including actual loss of sureds under this endorsement, earnings up to the limit shown in Sec- and insurance coverage provided tion B. Limits Of Insurance, 4.b. Loss to such additional insureds is lim- Of Earnings of this endorsement per _ ited as provided herein: day because of time off from work. (a) Managers Or Lessors Of S. Medical Payments Premises The Medical Expense Limit of Any One The manager or lessor of a Person as shown in the Declarations is premises leased to you you amended to the limit shown in Section B. are required per Paragraph Limits Of Insurance, 5. Medical Payments 8.a.(1) of this endorsement of this endorsement. to provide insurance, but on- 6. 180 Day Coverage For Newly Formed ly with respect to liability for Or Acquired Organizations 'bodily injury", "property damage" or personal and Section II - Who Is An Insured is advertising injury" caused, in amended as follows: whole or in part, by you or those acting on your behalf Subparagraph a. of Paragraph 3. is re- g p in connection with the own - placed by the following: ership, maintenance or use a. Coverage under this provision is af- of that part of the premises forded only until the 180th day after leased to you, subject to the you acquire or form the organization following additional exclu- or the end of the policy period, sions: whichever is earlier; This insurance does not ap- 7. Waiver Of Subrogation ply to: Section IV - Commercial General Liabil• (i) Any 'occurrence" which ity Conditions, 8. Transfer Of Rights Of takes place after you Recovery Against Others To Us is cease to be a tenant in amended by the addition of the following: that premises; We waive any right of recovery against (ii) Structural alterations, any additional insured under this en- new construction or dorsement, because of any payment we demolition operations make under this endorsement, to whom performed by or on be - the insured has waived its right of recov- half of such additional ery in a written contract, written agree- insured. ment, written permit or written authoriza- (b) Lessor Of Leased Equip - tion. Such waiver by us applies only to ment the extent that the insured has waived its right of recovery against such additional Any person(s) or organiza- insured prior to loss. tion(s) from whom you lease equipment you are required 8. Automatic Additional Insured - Speci- per Paragraph 8.a.(1) of this fied Relationships endorsement to provide in- a. The following is added to Section II surance. Such person(s) or Who Is An Insured: organization(s) are insureds only with respect to liability for "bodily injury", 'property Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 10 of 17 damage" or "personal and 4) Repackaging, ex - advertising injury" caused, in cept when un- whole or in part, by your packed solely for maintenance, operation or the purpose of in - use of equipment leased to spection, demon - you by such person(s) or or- stration, testing, or ganization(s). A person's or the substitution of organization's status as an parts under in - additional insured under this structions from the endorsement ends when manufacturer, and their contract or agreement then repackaged in with you for such leased the original con - equipment ends. However, tainer; this insurance does not ap- ply to any "occurrence" 5) Any failure to make which takes place after the such inspections, equipment lease expires. adjustments, tests or servicing as the (c) Vendors vendor has agreed to or m Any person or organization nake dertakesmal- ly to (referred to below as ven- make in the usual dor) you are required per course of busi- Paragraph 8.a.(1) of this en- ness, in connection dorsement to provide insur- with the distribution ance, but only with respect or sale of the to liability for "bodily injury" products; or "property damage" arising out of "your products" which 6) Demonstration, in - are distributed or sold in the stallation, servicing regular course of the ven- or repair opera- dor's business, subject to tions, except such the following additional ex- operations per- clusions: formed at the ven- (i) The insurance afforded copremises in conrnm ection with the the vendor does not sale of the product; apply to: 7) Products which, af- 1) "Bodil or Yinjury" ter distribution or "property damage" sale by you, have for which the ven- been labeled or re- dor is obligated to labeled or used as pay damages by a container, part or reason of the as- ingredient of any sumption of liability other thing or sub - in a contract or stance by or for the agreement. This vendor; or exclusion does not apply to liability for 8) "Bodily injury" or damages that the "property damage" vendor would have arising out of the in the absence of sole negligence of the contract or the vendor for its agreement; own acts or omis- 2) Any express war- sions or those of its employees or ranty unauthorized anyone else acting by you: on its behalf. How- 3) Any physical or ever, this exclusion chemical change in does not apply to: the product made a) The excep- intentionally by the tions contained vendor; in Paragraphs Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office. Inc., with its permission. Page 11 of 17 GA 233 TX 09 20 (c)(i)4) or 6) of division has issued a permit this endorse- or authorization in connec- ment; or tion with premises you own, rent or control and to which b) Such inspec- this insurance applies: tions, adjust- ments, tests or (i) The existence, mainte- servicing as nance, repair, construc- the vendor has tion, erection or removal agreed to of advertising signs. make or nor- awnings, canopies, cel- mally under- lar entrances, coal takes to make holes, driveways, man - in the usual holes, marquees, hoist course of away openings, side - business, in walk vaults, street ban - connection ners or decorations and with the distri- similar exposures; bution or sale of the prod- (ii) The construction, erec- ucts. tion or removal of eleva- tors; or (ii) This insurance does not apply to any insured (iii) The ownership, mainte- person or organization: nance or use of any el- evators covered by this 1) From whom you insurance. have acquired such products, or (e) Mortgagee, Assignee Or any ingredient, part Receiver or container, enter- Any person or organization ing into, accompa- you are required per Para- nying or containing graph 8.a.(1) of this en - such products; or dorsement to provide insur- 2) When liability in- ance, but only with respect cluded within the to their liability as mortga- "products- gee, assignee or receiver completed opera- and arising out of the own- tions hazard" has ership, maintenance or use been excluded un- of the premises by you. der this Coverage However, this insurance Part with respect to does not apply to structural such products. alterations, new construction and demolition operations (d) State Or Governmental performed by or for that per - Agency Or Subdivision Or son or organization. Political Subdivision - Permits Or Authorizations (3) The insurance afforded to addi- Relating To Premises tional insureds described in Par- agraph 8.a.(1) of this endorse - Any state or governmental ment: agency or subdivision or po- litical subdivision you are (a) Only applies to the extent required per Paragraph permitted by law•, 8.a.(1) of this endorsement (b) Will not be broader than that to provide insurance, subject which you are required by to the following additional the written contract, written provision: agreement, written permit or This insurance applies only written authorization to pro - with respect to the following vide for such additional in - hazards for which the state sured;,and or governmental agency or (c) Does not apply to any per - subdivision or political sub- son, organization, vendor, Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 17 state, governmental agency d. Section IV - Commercial General or subdivision or political Liability Conditions is amended as subdivision, specifically follows: named as an additional in- sured under any other provi- Condition 4. Other Insurance is sion of, or endorsement amended to include: added to, this Coverage Primary And Noncontributory In - Part, provided such other provision or endorsement surance covers the injury or damage This insurance is primary to and will for which this insurance ap- not seek contribution from any other plies. insurance available to an additional b. With respect to the insurance afford- insured per Paragraph 8.a.(1) of this ed to the additional insureds de- endorsement provided that: scribed in Paragraph 8.a.(1) of this (1) The additional insured is a endorsement, the following is added Named Insured under such other to Section III - Limits Of Insurance: insurance; and The most we will pay on behalf of the (2) You have agreed in writing in a additional insured is the amount of in- contract, agreement, permit or surance: authorization described in 8.a.(2) of this endorsement that this in- (1) Required by the written contract, surance would primary and written agreement, written permit would not seek contribution from would w or written authorization described any other insurance available to in Paragraph 8.a.(1) of this en- the additional insured. dorsement. For the purpose of determining the required amount 9. Property Damage To Borrowed Equip - of insurance only, we will include ment the minimum amount of any Um- brella liability or Excess Liability a. The following is added to Exclusion coverage required for that addi- 2.j. Damage To Property under Sec- tional insured in that written con- tion I - Coverage A- Bodily Injury And tract, written agreement, written Property Damage Liability: permit or written authorization; or Paragraphs (3) and (4) of this exclu- (2) Available under the applicable sion do not apply to tools or equip - limits of insurance; ment loaned to you, provided they are not being used to perform operations whichever is less. at the time of loss. This endorsement shall not increase b. With respect to the insurance provid- the applicable limits of insurance. ed by this section of the endorse- ment. the following additional provi- c. Section IV -Commercial General sions apply: Liability Conditions is amended to include the following: (1) The Limits of Insurance shown in the Declarations are replaced by Automatic Additional Insured Pro- the limits shown in Section B. vision Limits Of Insurance, 9. Property This insurance applies only if the Damage To Borrowed Equip - "bodily injury" or "property damage" ment of this endorsement with occurs, or the "personal and advertis- respect to coverage provided by ing injury" offense is committed: this endorsement. These limits are inclusive of and not in addi- (1) During the policy period; and tion to the limits being replaced. The Limits of Insurance shown in a (2) Subsequent to your execution of Section B. Limits Of Insurance, the written contract written Property Damage To Bor- agreement, or the issuance of a ro Equipment of this en - written permit or written authori- written dorrowed fix the most we will described in Paragraph pay in any pay n any one "occurrence" re- 8 a (1) gardless of the number of: (a) Insureds: Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 13 of 17 (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each 'occurrence" which are in excess of the Deductible Amount shown in Section B. Limits Of Insur- ance, 9. Property Damage To Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (b) Section IV - Commercial General Liability Conditions, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit, applies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees As Insureds - Specified Health Care Services And Good Samar- itan Services Paragraph 2.a.(1)(d) under Section II - Who Is An Insured does not apply to: 1) Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or 2) Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice Of Occurrence Paragraph a. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Com- mercial General Liability Conditions is replaced by the following: a. You must see to it that we are notified as soon as practicable of an 'occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. This requirement applies only when the 'occurrence" or offense is known to any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occur- rence" or offense. 12. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto Or Watercraft under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a. The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b. The aircraft is rented with a trained, paid crew; and c. The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V - Definitions, 3. 'Bodily injury" is replaced by the following: 3. 'Bodily injury" means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, including care, loss of services or death resulting from any of these at any time. Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 14 of 17 14. Expected Or Intended Injury Redefined damaged property, exclud- The last sentence of Exclusion 2.a. Ex- ing any profit or overhead. pected Or Intended Injury under Sec- Any payment we make un- tion I - Coverage A - Bodily Injury And der Voluntary Property Property Damage Liability is replaced by Damage Coverage shall not the following: be interpreted as an admis- This exclusion does not apply to "bodily sion of liability by you or by injury" or "property damage" resulting from us. the use of reasonable force to protect per- It shall be your duty, not our sons or property. duty, to defend any claim or 15. Former Employees As Insureds "suit" to which this insurance applies. The following is added to Paragraph 2. No other obligation or liabil- under Section II -Who Is An Insured: ity to pay sums or perform 2. Each of the following is also an in- acts or services is covered. sured: (b) This insurance applies to Any of your former "employees", di- "property damage" only if: rectors, managers, members, part- 1) The "property damage" ners or "executive officers", including takes place in the "cov- but not limited to retired, disabled or erage territory'; and those on leave of absence, but only for acts within the scope of their em- 2) The "property damage" ployment by you or for duties related occurs during the policy to the conduct of your business. period. 16. Voluntary Property Damage Coverage (2) Exclusions a. Section I - Coverages is amended to This insurance does not apply to include the following: "property damage" that would be excluded by Coverage A - Bodily COVERAGE D - VOLUNTARY Injury And Property Damage Lia PROPERTY DAMAGE COVERAGE bility, 2. Exclusions, except for j. (1) Insuring Agreement Damage To Property, Para- graphs (3), (4), (5) and (6), k. (a) We will pay the cost to re- Damage To Your Product, and I. pair or replace "property Damage To Your Work. damage" to property of oth- ers arising out of operations (3) Definitions incidental to your business For purposes of Voluntary Prop - when: erty Damage Coverage only, the 1) Damage is caused by following definitions under Sec - you; or tion V - Definitions are replaced by the following: 2) Damage occurs while in your possession. 13. "Occurrence" means an in- cident, including continuous At your written request, we or repeated exposure to will make this payment re- substantially the same gen- gardless of whether you are eral harmful conditions that at fault for the "property result in "property damage". damage". 17. "Property damage" means If you, at our request, re- physical injury to tangible place, or make any repairs property. Electronic data is to, damaged property of not tangible property, and others, the amount we will "property damage" does not pay under Voluntary Proper- include disappearance, ab- ty Damage Coverage will be straction or theft. determined by your actual cost to replace or repair the As used in this definition, electronic data means in - Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 15 of 17 formation, facts or pro- and Care, Custody Or Control grams, stored as or on, cre- Liability Coverage in this en- ated or used on, transmitted dorsement. These limits are in- to or from computer soft- clusive of, and not in addition to, ware, including systems and the limits being replaced. The applications software, hard Limits of Insurance shown in the or floppy disks, CD-ROMs, Schedule fix the most we will pay tapes, drives, cells, data regardless of the number of: processing devices or any (a) Insureds; other media which are used with electronically controlled (b) Claims made or "suits" equipment. brought; or b. Care, Custody Or Control Liability (c) Persons or organizations Coverage making claims or bringing For purposes of the coverage provid- "suits". ed by Care, Custody Or Control Lia- (2) (a) Subject to (3) below, the bility Coverage in this endorsement Voluntary Property Damage only: Coverage Each Occurrence (1) Section I - Coverage A - Bodily Limit Of Insurance is the Injury And Property Damage Lia- most we will pay for the sum bility, 2. Exclusions, j. Damage of damages under Voluntary To Property, Paragraphs (3), (4) Property Damage Coverage; and (5) do not apply to "property (b) The Care, Custody Or Con - damage" to the property of oth- trol Liability Coverage Each ers described therein. Occurrence Limit Of Insur- (2) It shall be your duty, not our duty, ance is the most we will pay to defend any claim or "suit" to for the sum of damages un- which this insurance applies. der Care, Custody Or Con- trol Liability Coverage; No other obligation or liability to pay sums or perform acts or ser- because of all "property damage" vices is covered. arising out of any one "occur- rence'. This Paragraph (2) supersedes any provision in the Coverage (3) The Voluntary Property Damage Part to the contrary. Coverage, Aggregate Limit Of Insurance is the most we will pay (3) "Property damage" for which for the sum of all damages under Care, Custody Or Control Liabil- Voluntary Property Damage ity Coverage provides coverage Coverage. This limit applies sep- shall be deemed to be caused by arately to each "coverage term". an "occurrence" but shall not serve to limit or restrict the ap- (4) Deductible Clause plicability of any exclusion for (a) Our obligation to pay dam - "property damage" under this ages on your behalf applies Coverage Part. only to the amount of dam- c. Limits Of Insurance And Deducti- ages for each "occurrence" bles which are in excess of the Deductible Amount shown in For purposes of the coverage provid- Section B. Limits Of Insur- ed by Voluntary Property Damage ance, 16. Voluntary Property Coverage and Care, Custody Or Con- Damage Coverage and trol Liability Coverage, Section III - Care, Custody Or Control Limits Of Insurance is amended to Liability Coverage. The lim- include the following: its of insurance will not be reduced by the application (1) The Limits of Insurance shown in of such Deductible Amount. the Declarations are replaced by the limits shown in Section B. (b) Section IV - Commercial Limits Of Insurance, 16. Volun- General Liability Conditions, tary Property Damage Coverage 2. Duties In The Event Of Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 16 of 17 Occurrence, Offense, Claim a. Paragraph c. is replaced by the fol- Or Suit, applies to each lowing: claim or "suit" irrespective of the amount. c. Any easement or license agree- ment; (c) We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as has been paid by us. 17. Broadened Contractual Liability - Work Within 50' Of Railroad Property Section V - Definitions, 9. "Insured con- tract" is amended as follows: b. Paragraph f.(1) is deleted in its entire- ty. 18. Alienated Premises Exclusion 2.j. Damage To Property, Para- graph (2) under Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity does not apply if the premises are "your work". Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 17 of 17 FORM 1295 INSTRUCTIONS Certificate of Interested Parties www.ethics.state.tx.us/Fi 67 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: I Name of business entity filing form, and the city, state and country of the business entity's place of business. 2024-1131470 Interstate Pipeline Utility Construction, LLC Dallas, TX United States Date Filed: 03/05/2024 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Anna, TX Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. WR202301 water improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is Jason Darnels , and my date of birth is 02/09/1979 My address is 9809 LANSHIRE DR DALLAS TX , 75238 USA. (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in DALLAS County, State of TEXAS , on the 5thday of March , 2g 24 . (month) (year) nature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.5b35027 CONSTRUCTION STAKING CERTIFICATION CONSTRUCTION STAKING Control for the project has been set by the Engineer and control is shown in the Construction Plans. Contractor shall complete all construction staking. Cut sheets shall be provided to the inspector. Prior to commencement of the work by the Contractor, the Contractor shall submit a digital file containing a minimum of two control points and a certification that the construction staking is tied to the project control points established in the plans, to the Engineering Firm The Engineer will review Contractor's electronic survey file to verify that the survey file is tied to the project control. I, (Surveyor's Name of Interstate Pipeline Utility Construction, LLC certifies that all (Company) construction staking is tied to the project control system. Signature Date Printed Name Note: To be submitted when construction staking control and cut sheet staking commences. 70 NOTICE TO PROCEED Project: FM 455 Water Line Construction Phase 1 Issued To: Interstate Pipeline Utility Construction, LLC Date Issued: PO BOX 152957 DALLAS, TX 75315 You are hereby notified to commence work in accordance with the Agreement dated the _ day of March , 2024 , on or before the day of March 2024 and complete all of the work within One Hundred and twenty 120 p �) consecutive calendar days thereafter. The date of completion for all work shall, therefore, be the Issued by: City of Anna, Texas (Owner) 0 Ryan Henderson, City Manager ACCEPTANCE OF NOTICE: day of 20 24 . Receipt of the above notice to proceed is hereby acknowledged byInterstate P1pe1neUtility CanstNcl'°"'LLC (contractor), this day of March 2024 0 Contractor Notice to Proceed 71 CHANGE ORDER Date of Issuance: Effective Date: Owner: City of Anna, TX Project: FM 455 Water Line Construction Phase 1 Contract changes are approved as follows: Description of changes: Reason for Change Order: Attachments: CONTRACT PRICING Original Contract Amount including Add/Alternates: $ Net Increase from Previous Change Orders: $ Contract Price Prior to this Change Order: $ Net Increase/Decrease of this Change Order: $ Contract Price with All Approved Change Orders: $ City of Anna, TX Contractor: Interstate Pipeline Utility Construction, LLC By: Ryan Henderson, City Manager By: Jason Daniels Date: Date: Please sign both copies; return one copy to: City of Anna, TX C/o Justin Clay (PM) 120 W. 7th Street Anna, TX 75409 Change Order 72 [4111]u:jgVil=I'If_1:1'(C7=1ki1=1;7_\111111:2:T61TJ 'iDRIW SECTION 1. SUPPLEMENTARY GENERAL PROVISIONS 1.01 PURPOSE OF SUPPLEMENTARY GENERAL PROVISIONS: This project shall be constructed in accordance with the current City of Anna Standard Specifications ("Standard Specifications"), which include the NCTCOG Standard Specifications for Public Works Construction, latest edition, and which for the purposes of this Contract Agreement also include the these Supplementary General Provisions; provided that where any discrepancies occur between the Supplementary General Provisions and the Standard Specifications, the Supplementary General Provisions shall govern. The Supplementary General Provisions are included herein for the purpose of adapting the Standard Specifications to the project which is the subject of the Contract Agreement and of adding thereto such further provisions as may be necessary to state the agreement in its entirety. 1.02 SCOPE OF WORK: A. Work is to be done in accordance with City of Anna Standard Specifications. B. The work done under the contract documents shall consist of the following: FM 455 Water Line Construction Phase 1 C. The intent of the contract documents, including the Standard Specifications, General Provisions, Technical Provisions, and other instruments, documents, drawings, maps, etc., comprising the Plans and Specifications, is to describe a completed work to be performed by the Contractor under the Contract Agreement as an independent Contractor. D. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. E. The Contractor will maintain at all times on the job site, a superintendent authorized to receive and fulfill instructions from the engineer. F. The Contractor further agrees that no part of the Contract Agreement shall be assigned without prior written approval from City. G. The Contractor hereby further agrees to pay to Owner as liquidated damages the sum specified herein, and quoted below, for each calendar day in excess of the time set forth in the contract documents for completion of this project. Contractor shall anticipate the following number of calendar days for precipitation type weather related delays. 7 days for January; 7 days for February; 7 days for March; 8 days for April; 9 days for May; 7 days for June; 5 days for July; 5 days for August; 7 days for September; 6 days for October; 6 days for November; and General Provi. 73 6 days for December. These days shall be anticipated and be included as part of the progress schedule. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time of completion is of the essence for this project. For each day that any work shall remain uncompleted after the time specified in the proposal and the Contract Agreement, or the increased time granted by the OWNER, or as equitably increased by additional work or materials ordered after the Contract Agreement is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the CONTRACTOR: AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES Less than $25,000.00..................................... $100.00 Per Day $25,000 to $99,999.99..................................... $500.00 Per Day $100,000 to $999,999.00...................................... $500.00 Per Day More than $1,000,000.00..................................... $500.00 Per Day The sum of money thus deducted for such delay, failure for noncompletion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the CONTRACTOR shall be in default after the time stipulated in the Contract Agreement for completing the work. The said amounts are fixed and agreed upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under this Contract Agreement; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or its surety shall pay any additional amounts due. In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages. 1.03 CONTRACTOR SURETY BONDS: With the execution and delivery of the Contract Agreement, the CONTRACTOR shall furnish and file with the OWNER in the amounts herein required, the surety bonds specified hereunder. Without exception, the OWNER'S bond forms, copies of which are amongst the Contract Documents and incorporated into the Contract Agreement, must be used, and exclusive venue for any lawsuit in connection with such bonds shall be in Collin County. Such surety bonds shall be in accordance with the provisions of Texas Government Code, Chapter 2253, as amended, and Art. 7.19-1 of the Insurance Code, as amended. These bonds shall automatically be increased by the amount of any change order or supplemental agreement which increases the Contract Agreement price with or without notice to the surety, but in no event shall a change which reduces the Contract Agreement amount reduce the penal amount of such bonds. If the surety on any Bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated or ceases to meet the requirement as set forth above, CONTRACTOR General Provisions 74 shall within 20 days thereafter substitute another Bond or surety which complies with the requirement hereto. A. PERFORMANCE BOND: A good and sufficient bond in an amount not less than 100-percent of the approximate total amount of the Contract Agreement, as evidenced by the proposal tabulation, or, conditioned on the faithful performance of the work in accordance with the plans, specifications and Contract documents, including performance of any guarantees or warranties required by OWNER, and including any extensions thereof, for the protection of the OWNER. This bond shall also provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appear or become known within a period of one year from the date of completion and acceptance of the improvement by the Owner or such lesser or greater period as may be designated in the Contract Documents. B. PAYMENT BOND: A good and sufficient bond in an amount not less than 100- percent of the approximate total amount of the Contract Agreement, as evidenced by the proposed tabulation, or otherwise solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the prime CONTRACTOR or a subcontractor to supply public work or material. C. MAINTENANCE BOND: A maintenance bond in the amount of 100% of the total bid price shall be executed by the contractor as principal and by a corporate surety acceptable to the owner. Said bond shall secure maintenance by the contractor on the project made the subject of the Contract Agreement for two (2) years from the date of acceptance of work by the owner. D. SURETIES: No sureties shall be accepted by the OWNER who are now in default or delinquent on any bonds or who are interested in any litigation against the OWNER. All bonds shall be made on forms furnished by the OWNER, and shall be executed by not less than one corporate surety authorized to do business in the State of Texas and acceptable to the OWNER. Each bond shall be executed by the CONTRACTOR and surety. Each surety shall designate on the bond the name, address and phone number of a representative for the surety located in a county of the State of Texas acceptable to the OWNER to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. The OWNER reserves the right to reject and all sureties. E. Additional or Substitute Bonds. If at any time the OWNER is or becomes reasonably dissatisfied with any surety of a performance or payment bond, the CONTRACTOR shall, within five days after notice from the OWNER to do so, substitute an acceptable bond (or bonds), or provide any additional bond, and such form and sum and signed by such other surety or sureties as may be reasonably satisfactory to the OWNER. The premiums on such bond shall be paid by the CONTRACTOR without recourse to the OWNER. No further payments under the Contract Agreement shall be deemed due or payable until the substitute or additional bonds have been furnished to and accepted by the OWNER. General Provisions 75 1.04 LIMITATION OF LIABILITY, INDEMNIFICATION AND INSURANCE: A. LIMITATION OF LIABILITY: The CONTRACTOR affirmatively represents that he is skilled and experienced in the use and interpretation of drawings and specifications such as those included in the Bid Documents of this Contract Agreement. Further, he also affirmatively represents that he has carefully reviewed the drawings and specifications of this Contract Agreement and that he has based his Bid solely on these documents, not relying in any way on any explanation or interpretation —oral or written —from any other source. Unless the CONTRACTOR shall give written notice to the design professional of any ambiguities contained in the drawings or specifications prior to the submission of his bid, the CONTRACTOR agrees that he shall be conclusively presumed that the CONTRACTOR has exercised his aforementioned skill and experience and found the drawings and specifications sufficient and free from ambiguities, errors, or omissions for the purpose of determining his Contract Bid Price for the performance of the work in conformity with the drawings and specifications. Submission of a Bid without prior written notice to the OWNER'S Agent or any claimed ambiguities, errors or omissions shall constitute a waiver of any and all bid -price -related claims by the CONTRACTOR that are based upon any alleged ambiguities, errors, omissions or the like in the drawings or specifications. B. INDEMNIFICATION: The CONTRACTOR agrees to indemnify, defend and Engineer, consultants, agents and employees for damages including bodily performance of this work, whether such injuries to person or damage to employees, except only such iniury or damage as . shall have been occasioned by the sole negligence of the OWNER, Engineer, Consultant, and/or other Agents. C. INSURANCE: The CONTRACTOR shall comply with each and every condition contained herein. The CONTRACTOR shall provide and maintain, at his sole cost and expense, until the work covered in the Contract Agreement is completed and accepted by the City of Anna, the minimum insurance coverage as follows: Commercial general liability insurance at minimum combined single limits of $1,000,000 per -occurrence per -project and $2,000,000 general aggregate per - project for bodily injury and property damage, which coverage shall include products/completed operations ($1,000,000 products/completed operations aggregate), and XCU hazards. Coverage for products/completed operations must be maintained for at least two (2) years after the construction work is completed. Coverage must be maintained to cover the contractor's obligations outlined in the Contract Agreement. General Provisions 76 2. Definitions: a) Certificate of coverage ("certificate"): A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. b) Duration of the project: Includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096): Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries and delivery of portable toilets. c) The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. d) The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract Agreement. e) If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. f) The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and, Genera! Provisions 77 (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. g) The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. h) The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. i) The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, information all persons providing services on the project that they are required to be offered, and stating how a person may verify coverage and report lack of coverage. j) The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project: (4) obtain from each other person with whom it contracts, and provide to the contractor: • a certificate of coverage, prior to the other person beginning work on the project; and, • a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; General Provisions (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and, (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. k) By signing the Contract Agreement or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 1) The contractor's failure to comply with any of these provisions is a breach of Contract Agreement by the contractor which entities the governmental entity to declare the Contract Agreement void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 3. Comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non -owned vehicles, with a combined bodily injury and property damage minimum limit of $1,000,000.00 per occurrence; or separate limits of $500,000.00 for bodily injury (per person); $500,000.00 for bodily injury (per accident) and $100,000.00 for property damage. Such insurance shall include coverage for loading and unloading hazards. 4. Payment and performance bonds in the amount of the contract price and on the form as provided in the contract documents. PLEASE NOTE: The required limits may be satisfied by any combination of primary, excess, or umbrella liability insurances, provided the primary policy complies with the above requirements and the excess umbrella is following form. The contractor may maintain reasonable and customary deductibles, subject to approval by the City of Anna. A comprehensive general liability insurance form may be used in lieu of a commercial general liability insurance form. In this event, coverage must be written on an occurrence basis, at limits of $1,000,000 per -occurrence, combined single limit, and coverage must include a broad form comprehensive general liability endorsement, coverage for products/completed operations, no restrictions on XCU hazards, and broad form contractual liability covering the obligations included in the Contract Agreement. General Provisions 79 With reference to the foregoing insurance requirement, Contractor shall specifically endorse applicable insurance policies as follows: • The City of Anna shall be named as an additional insured with respect to general liability and automobile liability. • All liability policies shall contain cross liability and severability of interest clauses. • A waiver of subrogation in favor of the City of Anna shall be contained in the workers' compensation insurance policy. • All insurance policies shall be endorsed to require the insurer to immediately notify the City of Anna of any material change in the insurance coverage. • All insurance policies shall be endorsed to the effect that the City of Anna will receive at least sixty (60) days notice prior to cancellation of termination of the insurance. All insurance shall be purchased from an insurance company that meets the following requirements: • A financial rating of A:V or better as assigned by the BEST Rating Company in the most current edition of its manual. • Licensed and admitted to do business in the State of Texas. All insurance must be written on forms filed with and approved by the Texas State Board of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting the following: • The company is licensed and admitted to do business in the State of Texas. • The insurances set forth by the insurance company are underwritten on forms which have been approved by the Texas State Board of Insurance. • Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein. • Shall specifically set forth the notice of cancellation or termination provisions to the City of Anna. Upon request, contractor shall furnish the City of Anna with certified copies of all insurance policies. 1.05 ADDENDUM: The owner reserves the right to issue an addendum prior to accepting bids for the work. Such addendum(s) shall be, and are hereby made a part of these specifications. Upon receipt of the addendum(s), the Contractor shall acknowledge their receipt by listing the addendum(s) and signing in the appropriate spaces in the Proposal. General Provisions 80 1.06 CONSTRUCTION WATER: Construction water necessary for the normal construction of this project will not be provided free to the Contractor. All construction water will be metered by City owned meters or meter(s) owned by the Contractor. A deposit of two hundred fifty dollars ($1,500.00) is required for a 2'/2-inch City owned construction meter. The deposit(s) shall be paid at the Utility Office, located at 120 W 7ch Street, Anna, Texas 75409, prior to the use of meter. City owned meter(s) will be installed by the City Utility Department, after the deposit has been made. The meter(s) will be read and billed each month in accordance with the current Customer Services Policy. Any damage that occurs to a City meter during use will be repaired by the City at the expense of the Contractor. The cost of the repairs will be deducted from the deposit and the remaining deposit returned to the Contractor. This procedure will be followed wherever construction water is needed. No exceptions to the rule will be sanctioned. If the meter is set on a fire hydrant, a valve shall be provided so that the flow of the water is not controlled by the operating nut on the fire hydrant. Where water is necessary only to settle dust on the street, at the request of the property owners, the Project Engineer or Project Inspector will notify the Contractor. The necessary application of water for dust shall be considered subsidiary to the other bid items listed in the Proposal and Bid Form of the Contract Agreement. 1.07 DETOURS AND BARRICADES: The Contractor shall, before closing any street or causing any obstruction to traffic on any street, furnish and erect suitable barricades and warning signs to protect the traveling public. The barricades and warning signs will be constructed, placed, and adequately maintained as directed by the Project Engineer. All barricades and warning signs shall conform to and be set in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD) No direct compensation will be made to the Contractor for furnishing, installing, and maintaining barricades and warning signs and their subsequent removal. This is to be considered subsidiary to the several items for which unit prices are requested in the PROPOSAL. 1.08 TRENCH SAFETY: On all trenching in excess of five feet below existing grade, the Contractor shall comply with the standards promulgated by the Occupational Safety and Health Administration (OSHA), of the United States Government, regulating excavations, trenching and shoring. Contractors shall refer to and abide by all OSHA regulations published in 29 CFR 1926, et seq., July 1989 edition, and any revisions thereto published in the Federal Register which may become effective during the period of construction. The contractor's attention is directed to the separate Bid Item for trench safety systems, based on the linear feet of trench excavated, under which full payment will be made for trench safety systems, including any additional excavation and back fill required; sheeting, and bracing; for dewatering or diversion of water; for all jacking and jack removal; and for all other labor, materials, tools, equipment, acquisition of soils information and design of trench safety systems, and incidentals necessary to complete the work. Changes made in the trench safety system after the initiation of construction will not be cause for extension of time, claims for delay or approval of change orders. General Provisions 81 It is the sole duty, responsibility and prerogative of the Contractor, not the Owner or Engineer, to perform all trenching in a safe manner and in accordance with OSHA regulations. Any apparent unsafe trenching conditions observed by Owner, Engineer, or their representatives on the site, shall be reported to OSHA as well as to Contractor's job superintendent. Work stoppages or corrective actions required of contractor by OSHA shall not be cause for extension of time, claims for delay or approval of change orders. The Contractor shall indemnify and hold harmless the City, its employees and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under the Contract Agreement. The Contractor acknowledges and agrees that this indemnity provision provides indemnity for the City in case the City is negligent either by act or omission in providing for trench safety, including, but not limited to inspections, failure to issue stop work orders and the hiring of the Contractor. 1.09 PRICE FOR MATERIALS AND STATE SALES TAX: After award of the Contract Agreement, the City of Anna will, on written request of the Contractor, furnish the Contractor with a certificate of exemption from Texas Limited Sales, Excise, and Use Tax in an amount not exceeding the above -mentioned bid price for materials and other tangible personal property as stated in the request form. Such written request must contain a statement to the effect that such materials or property have been or will be utilized in the performance of the Contract Agreement to the full extent of the amount for which a certificate of exemption is requested. 1.10 ACCESS TO PRIVATE PROPERTIES: The Contractor will put all private drives in an accessible condition to allow residents ingress and egress before leaving the job site for an extended period of time except during the pouring and curing of drive approaches. "Extended period of time" is defined as overnight, weekends, holidays, or periods of inclement weather. The Contractor will leave with the PROJECT ENGINEER the phone numbers of responsible persons available twenty-four (24) hours a day to handle emergencies concerning egress and ingress. If a vehicle becomes stranded due to an inaccessible condition, any legitimate claims arising from such conditions shall be the sole responsibility of the Contractor. If such claims are not settled prior to the monthly pay estimate, they shall be deducted from that estimate. 1.11 USE OF PRIVATE PROPERTY: The Contractor shall not at any time use private property to park or turn around construction vehicles or store equipment and/or materials without the written permission of the property owner involved. The Contractor shall not at any time use water metered by meters set for the property owners use without written permission of the property owner. 1.12 PROTECTION OF ADJOINING PROPERTY: The Contractor shall be responsible for the protection of all fences, trees, and other improvements on the property adjoining the construction sites from damage by the Contractor's equipment and men. General Provisions 1Y: 1.13 PROTECTION OF EXISTING UTILITIES: The Contractor shall make every effort to protect existing utilities. Telephone, gas, and electric lines occur within the construction limits of this project and should be avoided during construction. 1.14 CLEANUP: It is the intent of the Contract Agreement to ensure that an adequate cleanup job be performed by the Contractor as soon during the construction procedure as possible. Before the project is accepted by the City, all rocks, stones, and other construction debris shall be removed to the satisfaction of the Engineer. All necessary cleanup work shall be considered subsidiary to the various bid items on the Contract Agreement. 1.15 GOVERNING DOCUMENTS: The work shall conform to the requirements of these specifications and the details as shown on the drawings. These contract documents are intended to be complementary. Requirements of any of the contract documents are as binding as if called for by all. In the event of conflict between the Contract Agreement and any other contract documents, the Contract Agreement shall govern. In the event of conflict between the drawings and the specifications, the project engineer's interpretation of the drawings shall have priority. In case of conflict between the referenced specifications and the project specifications, the project specifications shall govern. 1.16 SCHEDULE: The Contractor shall provide the project engineer with a schedule of the proposed work upon request. 1.17 MONTHLY ESTIMATE: Monthly estimates shall be processed as specified by the North Central Texas Council of Governments Standard Specifications for PUBLIC Works Construction, Item 109.5. 1.18 SAFETY: Safety precaution shall be used at all times during progress of the work. As appropriate, workman shall be furnished with hard hats, safety shoes, protective gloves, and any other safety apparel that the Contractor determines will reduce the possibility of accidents. The Contractor shall be solely responsible for ensuring the safety of its crew(s), employees and subcontractors, along with the safety of the public, as the work required by these contract documents is performed. 1.19 STOCKPILE/EQUIPMENT AREAS: It shall be the responsibility of the Contractor to secure stockpile areas and equipment storage areas. 1.20 BOUND COPY OF CONTRACT DOCUMENTS: Bidder understands and agrees that the Contract Agreement to be executed by offeror/bidder shall be bound and include the documents set forth as such in the Contract Agreement. 1.21 DRUG -FREE WORKPLACE POLICY: It is the Owner's policy to maintain a drug -free workplace. The Contractor agrees to implement during the progress of this Contract Agreement a drug -free workplace policy. The policy shall include the following provisions: A. Contractor shall have a drug -free workplace policy; General Provisions 83 B. Contractor shall have a drug awareness program; C. Contractor shall require all employees to receive a copy of the drug -free workplace policy; D. Contractor shall notify Owner of any employee conviction arising from drug use; E. Contractor shall make a "good faith" effort to continue to maintain a drug -free workplace. 1.22 TEXAS STATE SALES TAX: The Contract Agreement is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 1.23 LABOR AND WORKING HOURS: Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidder's attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes, providing for the payment of the wage schedules above mentioned and the Bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the Contract Agreement requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: A. The project being constructed is essential to the City of Anna's ability to provide the necessary service to its citizens. B. Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the time when the liquidated damages provisions of the Contract Agreement become applicable and Contractor can show he has made diligent effort to complete the project within the allotted time. Standard working hours are Monday through Friday, 8:00 a.m. - 5:00 p.m., not including the following holidays: New Year's Day, Dr. Martin Luther King's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, and Christmas Day. Any of these holidays falling within a weekend may be designated to a Monday or Friday at the discretion of the City. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Engineer not less than three (3) full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Engineer to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Engineer. General Provi 84 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property to life. 1.24 TWO-YEAR MAINTENANCE BOND: Prior to final acceptance the Contractor shall furnish the City of Anna a maintenance bond to guarantee against defects in the construction or equipment furnished for the project for one year following acceptance. The bond shall be executed by a surety company holding a license to do business in the State of Texas and acceptable to the City of Anna, in an amount equal to one hundred (100) percent of the Contract Agreement. 1.25 AMERICAN DISABILITIES ACT: "Any person, firm business, partnership, or corporation that provides a service or function to the public or employees, agents or officials of the city of which is performed on behalf of the City of Anna, shall comply with 42 U.S.C. 1210-12213 and any amendments thereto, known as the "American Disabilities Act of 1990"." 1.26 USE OF SUBCONTRACTORS: Upon award of bid, Contractor shall provide City with a list of all possible subcontractors the Contractor may use for the project. City reserves the right to exclude any subcontractor from the project that it reasonably deems unacceptable for the project. The City shall notify contractor in writing of its intent to exclude any subcontractor. 1.27 RIGHT TO SHUT DOWN: The City, through its owner representative or otherwise, reserves the right to shut down the project. 1.28 UNCONTROLLABLE CIRCUMSTANCES: In the event a Party hereto cannot fully perform its obligations hereunder due to the intervention of an "Uncontrollable Circumstance", as that term is defined below, then, providing such Party has fully complied with the provisions of this section, such Party shall be excused from such performance but only to the extent and only in the manner set forth herein. For the purposes of this Agreement an Uncontrollable Circumstance shall mean: A. With respect to the Contractor: 1. An Act of God in the form of an unusually severe storm, or flood, or fire or similar event, that could not have been anticipated or guarded against which materially affects the work site, including access or egress thereto; 2. A riot or war situation actually involving the site or actually preventing the Contractor from working on the site, but not including any situations involving suppliers off -site other than those essential suppliers set forth in Exhibit A'; 3. An unanticipated strike involving the forces actually working on the project or involving the employees of those essential suppliers set forth in Exhibit A`, but no other labor stoppage. Contractor must set forth essential suppliers in an Exhibit A within five (5) business days of award of final contract. General Provisions 85 Provided however, that no such claimed Uncontrollable Circumstance shall be deemed an Uncontrollable Circumstance for the purposes of this Agreement unless such event actually and directly necessitated a delay in the work around the delays resulting from such Uncontrollable Circumstance. B. With respect to the Owner, an Uncontrollable Circumstance shall mean: 1. The inability to deliver the Site to the Contractor as scheduled due to the intervention of a third Party such as a Court or an agency of a higher level of government. 2. The inability of the Owner to perform its oversight, review and approval functions due to the actual strike of its employees or those of its essential consultants employed for such purpose, but only for such reasonable period of time as might actually be required to replace such forces. In the event either Party is he victim of an Uncontrollable Circumstance as that term is defined above, such Party shall put the other on written notice as soon as practicably possible. Such notice shall specify the Uncontrollable Circumstance and the anticipated affect it will have on that Party's abilities to perform its obligations under the Contract Agreement. As soon thereafter as is practical, but in any event within ten (10) days of such Uncontrollable Circumstance, the affected Party shall provide the other Party, in writing, with its plan to deal with the affects of such Uncontrollable Circumstance and with its proposed amendments to all affected schedules necessarily resulting therefrom. 1.29 CONSTRUCTION SUPERVISION: The Contractor will, at all times, maintain one project superintendent per project who will provide the following functions. He/she will be on site when and where construction activity occurs. He/she will maintain communication with all subcontractors and contractor employees performing construction activities. He/she will be available 24 hours a day, for the duration of the project, for emergency calls concerning events at project sites. He/she will accept no additional responsibility from the Contractor which would inhibit the performance of the above stated functions. In the event that the project consists of multiple sites, the project superintendent will identify to the Owner a responsive person at each site with construction activity. The project superintendent will maintain communication with that responsible person during all construction activity. In this even, the project superintendent will not be identified as a responsible person for any given site. If the Owner determines that the performance of the above functions is not being 'maintained at any time, the Owner reserves the right to shut down the project, at the contractor's expense, until performance of said functions is restored. 1.30 CONFINED SPACE POLICY: CONTRACTOR will be responsible for the establishment and coordination of and required compliance with a Confined Space Entry Program as required by federal law and City ordinance and shall inform the OWNER of said program. CONTRACTOR will obtain any available information regarding permit space hazards from the OWNER and will coordinate all entry operations with the OWNER. CONTRACTOR shall provide, install, operate, and General Provisions 86 maintain such monitoring, ventilation, and personal protective equipment to provide access to any and all confined space as required by Contractor's Confined Space Entry Program. Said equipment shall meet or exceed the requirements of the Occupational Safety and Health Act (OSHA), federal, state, and local authorities. CONTRACTOR shall provide labor, equipment, and materials necessary to place, operate, and maintain the said equipment as necessary for entrance into confined spaces by the CONTRACTOR or OWNER. At no time shall work be done by the CONTRACTOR within confined spaces without providing said equipment. Payment for this item shall be subsidiary to all other pay items. 1.31 TEMPORARY SUSPENSION OF WORK: CONTRACTOR may from time to time be required by OWNER to temporarily suspend project operations in one area and to commence or continue project operations in another area. OWNER may make such requirement for any reason which OWNER deems reasonable and/or necessary, including but not limited to as a result of a court order, failure by the OWNER to secure the necessary easements, right of way, or permits required, conflicts between existing or contemplated utilities and the work, and Acts of God. Such requirement may be oral or may be in writing. In the event that the CONTRACTOR is delayed for sixty (60) or less days as a result of any temporary suspension as described above, CONTRACTOR shall not be entitled to nor shall such delay serve as the basis as a claim for additional compensation to CONTRACTOR or damages for mobilization, re -mobilization, or any other damages sustained or alleged to have been sustained by CONTRACTOR. 1.32 FINAL COMPLETION AND ACCEPTANCE: Within ten (10) days after the CONTRACTOR has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the OWNER shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the Engineer shall issue to the OWNER and the CONTRACTOR his Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR in writing of the reason for non- acceptance. 1.33 FINAL PAYMENT: Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the OWNER, who shall pay to the CONTRACTOR on or after the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the CONTRACTOR under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of the Contract Agreement; and said payment shall become due in any event upon said performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. General Provisions 87 1.34 PAYMENTS WITHHELD: The OWNER may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the CONTRACTOR to make payments properly to subcontractors or for material or labor. (d) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the Contract Agreement amount. (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment shall be made for amounts withheld because of them. General Provisions MATERIALS AND CONSTRUCTION METHODS The GOVERNING SPECIFICATIONS FOR MATERIALS AND CONSTRUCTION METHODS shall be performed in accordance with the Standard Specifications for Public Works Construction - North Central Texas, 5" Edition, dated 2017, except where noted otherwise in the City of Anna's supplemental "Special Provisions" and the Technical Specifications included in these Specifications and Contract Documents. NOTE: The * symbol specifies that this item is also covered in the City of Anna's "Special Provisions" to the "Standard Specifications for Public Works Construction, North Central Texas". These Special Provisions are additional and modify the "Standard Specifications". Item # Subiect DIVISION 200—SITE PROTECTION & PREPARATION 201. Temporary Erosion, Sedimentation & Water Pollution Prevention & Control 201.1. Description 201.2. Items of Work and Materials 201.3. Pre -construction Submittals 201.4. Construction Requirements 201.5. Silt Fence 201.6. Interceptor Swale 201.7. Diversion Dike 201.8. Triangular Sediment Filter Dike 201.9. Check Dam (Rock) 201.10. Check Dam (Sand Bag) 201.11. Stabilized Construction Entrance 201.12. Stone Outlet Sediment Trap 201.13. Pipe Slope Drain 201.14. Inlet Protection 201.15. Erosion Control Blankets 201.16.* Mulching 201.17. Measurement and Payment 202. Landscaping 202.1. Removal, Protection & Replacement of Trees, Shrubbery, Plants, Sod, and Other Vegetation 202.2. Topsoil 202.3. Soil Amendments 202.4. Fertilizer 202.5. Sodding 202.6.* Seeding Turf -grass 202.7. Rejection 203. Site Preparation 203.1. Determining Location & Protection of Existing Structures and Utilities 203.2. Maintenance of Streets During Construction 203.3. General Site Preparation 203.4. Unclassified Street Excavation 203.5. Unclassified Channel Excavation 203.6. Borrow 203.7.* Embankment 203.8. Dust Control Item # Subiect DIVISION 300 — ROADWAY CONSTRUCTION 301. Subgrade, Subbase & Base Preparation 301.1. General 301.2.* Lime Treatment 301.3.* Portland Cement Treatment 301.4. Asphalt Emulsion Treatment 301.5. Flexible Sub -base or Base (Crushed Stone! Concrete) 301.6. Geo-textiles Used in Paving Applications 302. Asphalt Pavement 302.1. Description 302.2.* Aggregates for Hot -Mix Asphalt Pavement 302.3. Bituminous Materials 302.4. Fibrous Reinforcement for Asphalt 302.5. Storage, Heating & Application Temperature of Bituminous Materials 302.6. Emulsified Asphalt Treatment 302.7. Prime Coat 302.8. Asphalt Base Course 302.9. Hot -Mix Asphalt Pavement 302.10. Measurement and Payment 303.* Portland Cement Concrete Pavement 303.1 Description 303.2.* Portland Cement Concrete Pavement Materials 303.3. Mix Design and Mixing Concrete 303.4. Equipment 303.5. Construction Methods 303.6. Alley Paving 303.7. Pavement Leave -outs 303.8.* Pavement Testing and Evaluation 303.9. Measurement and Payment 304. PAVING UNITS 304.1. Solid Concrete Interlocking Paving Units 305. Miscellaneous Roadway Construction 305.1.* Concrete Curb and Gutter 305.2.* Concrete Sidewalks, Driveway Approaches, and Barrier Free Ramps 305.3. Concrete Medians 305.4. Reinforced Concrete Headers Item # Subiect DIVISION 400 — ROADWAY MAINTENANCE & REHABILITATION 401. Crack Sealing 401.1. General 401.2. Materials 401.3. Methods 402. PAVEMENT CUT, EXCAVATION, AND REPAIR 402.1. General Requirements 402.2. Minimum Size of Repair 402.3. Sawing 402.4. Replacing Paved Surfaces 403. Asphaltic Pavement Repair 403.1. Description 403.2. Materials and Mixing 403.3. Methods 403.4. Measurement and Payment 404. SURFACE TREATMENT 404.1. Description 404.2. General 404.3. Slurry Seals and Micro-(Re)Surfacing 404.4. Bituminous Surface Treatment (Chip Seal) 405. Ultra -Thin Concrete Paving (WhiteTopping) 405.1. Description 405.2. Materials 405.3. Construction Methods 405.4. Measurement 405.5. Payment DIVISION 500 — UNDERGROUND CONSTRUCTION & 501.' Underground Conduit Materials 501.1. General 501.2. Clay Wastewater Pipe 501.3. Vitrified Clay Pipe for Micro -tunneling, Slip -lining, Pipe Bursting, and Tunnels 501.4.' Concrete Pressure Pipe and Fittings 501.5.` Reinforced Concrete Wastewater Pipe with Rubber Gasket Joints 501.6. Reinforced Concrete Culvert, Storm Drain, Pipe and Box Section 501.7.' Ductile -Iron Pressure Pipe and Fittings 501.8. Ductile -Iron Pipe for Pipe Rehabilitation 501.9 " Steel Pipe and Fittings 501.10. Seamless Copper Tubing 501.11. Corrugated Metal Pipe or Arch Shapes 501.12. Structural Plate Structures 501.13. Tunnel Liner Plates 501.14. Polyvinyl Chloride (PVC) Water Pipe 501.15. Polyvinyl Chloride (PVC) Pressure -Rated Pipe (SDR Series) 501.16. Molecularly Oriented Polyvinyl Chloride (PVCO) Water Pipe Item # Subiect 501.17. Polyvinyl Chloride (PVC) Wastewater Pipe & Fittings with Dimension Control 501.18. Polyvinyl Chloride (PVC) Profile Gravity Wastewater Pipe and Fittings — For Direct Bury and Slip -lining Applications 501.19. PVC Composite Pipe for Wastewater Conduits 501.20. Polyvinyl Chloride (PVC) Corrugated Storm Water Pipe with Smooth Interior and Fittings 501.21. Solid Wall Polyethylene Plastic Pipe for Water, Wastewater, and Pipe Rehabilitation 501.22. Polyethylene (PE) Large Diameter Wastewater Pipe with Modified Wall Profiles & Performance Standards 501.23. Polyethylene (PE) Corrugated Drainage Tubing and Corrugated Smooth Lined Storm Water Pipe and Fittings 501.24. Fiberglass (Glass -Fiber -Reinforced Thermosetting -Resin) Wastewater Pipe 502. Appurtenances 502.1. Manholes 502.2. Wastewater Main Cleanouts 502.3.' Fire Hydrants 502.4. Thrust Restraint 502.5. Fittings 502.6' Valves 502.7. Performed Flexible Conduit Joint Sealant 502.8. Polyethylene Wrap For Metal Pipe Fittings 502.9. Corrosion -Resistant Coatings and Liners for Wastewater Conduit and Appurtenances 502.10. Connections To Conduit For Service 502.11. Miscellaneous Conduit Connections 502.12. Structures 503. Trenchless Installation 503.1. Conduit Materials 503.2. Tunnel/Chasing Pipe Spacers 503.3. Methods of Jacking, Boring or Tunneling 503.4. Measurement and Payment 504. Open Cut— Backfill 504.1. General 504.2. Materials 504.3.' Excavation and Foundation 504.4.' Backfill-General Requirements 504.5 Embedment 504.6. Final Backfill 504.7. Measurement and Payment of Backfill 505. Open Cut —General Conduit Installation 505.1. General 505.2. General Installation Requirements for Pipe Types 506.• Open Cut— Water Conduit Installation 506.1. Description 506.2. Materials M Item # Subiect 506.3. Laying Water Conduit 506.4. Pipe Joints 506.5. Hydrostatic Test 506.6. Connections to Existing Water Conduits 506.7. Purging and Disinfection of Water Conduits 506.8. Plugs 506.9. Measurements and Payment 507. Open Cut— Wastewater Conduit Installation 507.1. Description 507.2. Materials 507.3. Laying Wastewater Conduit 507.4. Wastewater Conduit Joints 507.5. Test and Inspections 507.6. Measurement and Payment for Wastewater Conduit Installation 508. Open Cut— Storm Water Conduit Installation 508.1. Description 508.2. General 508.3. Reinforced Concrete Pipe for Storm Water 508.4. Corrugated Metal Pipe 508.5. Structural Plate Conduit 508.6. Measurement and Payment for Storm Water Conduit Installation 509. Crossings 509.1. General 509.2. State Highway Crossings 509.3. Street and Alley Crossings 509.4. Railroad Crossings 509.5. Creek and River Crossings 509.6. Measurement and Payment of Crossings DIVISION 600 — CONDUIT & APPURTENANCES REHABILITATION 601. Pipeline Rehabilitation 601.1. Description 601.2. General 601.3. General Materials 601.4. General Methods 601.5. PVC Expanded -In -Place (Fold -in -Form) 601.6. Polyethylene (PE) Expanded -In -Place (Deform Reform) 601.7. Cured -In -Place Pipe Liner (CIPP Liner) 601.6. Pipe Bursting With Polyethylene 601.9. Pipe Bursting With Rigid Pipe 601.10. Polyvinyl Chloride (PVC) Profile Gravity Liner Pipe (Segmental Sliplining) 601.11. Measurement and Payment 602. Rehabilitation of Manholes or Underground Vaults 602.1. General 602.2. Submittals 602.3. Quality Assurance Item # Subiect 602.4. Delivery, Storage and Handling 602.5. Rehabilitation 602.7. Inspection and Testing 6012.8. Measurement and Payment 603. Abatement of Coatings Containing Heavy Metals 603.1. General 603.2. Job Plan 603.3. Testing 603.4. Monitoring 603.5. Protection 603.6. Lead -Based Coating Removal 603.7. Lead -Based Coating Encapsulation 603.8. Clean -Up and Disposal 603.9. Payment DIVISION 700 - STRUCTURES 701. General Structures 701.1. Structural Wood Products 701.2. Structural Excavation 701.3. Structural Bolting 702. Concrete Structures 702.1. Concrete Structure Materials 702.2. Mix Design and Mixing Concrete for Structures 702.3. Mix Design & Mixing Lightweight Concrete for Structures 702.4. Constructing Concrete Structures 702.5. Pre -stressed Concrete for Structures 702.6. Pneumatically Placed Concrete (Gunite) 702.7. Drilled Shaft Foundations 702.8. Pre -cast and Cast -In -Place Concrete Units 703. Steel Structures 703.1. Description 703.2. Materials for Steal Structures 703.3. Steel Structure Construction 703.4. Painting Metal Structures 703.5. Measurement and Payment 704. Piling 704.1. Piling Materials 704.2. Driving Piling 704.3. Penetration 704.4. Bearing Resistance 704.5. Constructing Cast -In -Place, Pre -Stressed Concrete Piling 704.6. Measurement and Payment DIVISION 800 — MISCELLANEOUS CONSTRUCTION & MATERIALS 801. Barriers, Warning & Detour Signs, & Fences 801.1. Barriers and Warning and/or Detour Signs 801.2. Metal Beam Guard Fence 801.3.' Railing Item # Subiect Item # Subiect 801.4. Chain Link Fence 804.3. Galvanizing 801.5.* Wire Fence 804.4. Measurement and Payment 802. Steps and Retaining Walls 805.* Electrical Components and Conduit 802.1. Concrete Steps 805.1. Description 802.2. Concrete Retaining Walls 805.2. General Requirements for Electrical Components 802.3. Segmental Retaining Wall Systems 805.3.* Materials 802.4. Cofferdams 805.4. Conduit Construction Methods 803. Slope and Channel Protection 805.5. Measurement and Payment 803.1. Articulating Concrete Block 806. Metals Materials 803.2.* Gabion Structures 806.1. General 803.3. Riprap 806.2. Structural Steel 803.4. Geotex0les Used in Drainage and Stabilization 806.3. Forgings Applications 806.4. Castings 804. Painting and Other Protective Treatments; 806.5. Capper Pavement Marking 806.6. Bolts, Nuts, and Washers 804.1. Description 804.2. Painting and Marking 92 CITY OF ANNA, TEXAS SPECIAL PROVISIONS TO THE NORTH CENTRAL TEXAS STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION MATERIALS AND CONSTRUCTION METHODS The North Central Texas Standard Specifications shall be modified and clarified by the addition of the following requirements to the various items. Except when specifically stated, none of the requirements shall be deleted. DIVISION 200 — SITE PROTECTION AND PREPARATION ITEM 201.16 MULCHING Slope and drainage channel seeding shall be in conformance with Item 201.16. Hydromulch Seeding mixture and rate shall be as required under Item 202.6: ITEM 202.2 TOPSOIL 202.2.3. Construction Methods Add the following: A minimum of four (4) inches of topsoil shall be provided on all major thoroughfare medians and rights -of -way and on all earthen channel slopes. This will be material imported from off site. The City will approve material prior to placement. ITEM 202.6 SEEDING TURF -GRASS Delete the mixture, rate, and planting dates and substitute: Type I Unhulled Perennial Bermuda: Reserve and Spangle Top Grass Seeds (September — March) Type II: Perennial Bermuda Grass — Unhulled: (April — August) A mix of seed shall be used in overlapping seasons. 202.6.4 Construction Methods Add as follows: All seeding operations shall be performed by either "Drilling" or "Cultipacker" process or approved equivalent. Seed shall be covered by + 1/" Topsoil. 202.6.4.1 Description Add the following: The Contractor shall maintain the seeded areas including watering until a "Stand of Grass" is obtained. A "Stand of Grass" shall consist of 75% to 80% coverage, a minimum of one (1) inch in height. Re- seeding will be required in washed areas. i91 ITEM 203.3 GENERAL SITE PREPARATION 203.3.2 Construction Methods Add the following: Unless otherwise approved in writing by the City of Anna, where excavation to grade established in the field by the Owner terminates in loose or solid rock, the Contractor shall excavate 6-inches below the required subgrade elevations for the entire roadbed width and shall backfill with suitable selected materials as indicated on the plans. Suitable selected material shall include lime treated subgrade or a base material having a plasticity, index not greater than 12. Payment for such work will be made under the items of unclassified street excavation, lime treated subgrade and hydrated lime. The 6- inch lime treated subgrade or base shall be compacted to 95% density. ITEM 203.7 EMBANKMENT 203.7.2 Construction Methods Add the following paragraph: Excavated material from the channel which is used as embankment to complete the established alignment, grade and cross-section of the channel shall be compacted to 95% density. 203.7.3 Density Add: Embankment in the City of Anna shall be compacted to not less than 95% of the maximum density. DIVISION 300 —ROADWAY CONSTRUCTION ITEM 301 SUBGRADE. SUB -BASE & BASE PREPARATION 301.1 General Construction Methods Add the following: Prior to final compaction of subgrade, samples of the subgrade material shall be collected by a testing laboratory approved by the City, and laboratory tests made to determine the amount of lime required. The application rate for hydrated lime shall be selected to obtain at least the optimum lime percentage indicated by test method ASTM C977-83a, Appendix XI; however, not less than 27 lbs. per S.Y. shall be applied. A Geotechnical Engineer's report reflecting the recommended application rate and including supporting test data shall be submitted in writing to the City, for approval prior to beginning any lime treatment. Laboratory test may be waived provided a minimum of 36 lbs. per S.Y. is applied. ITEM 301.2 LIME TREATMENT (Add the following) The lime treated subgrade shall be moist cured until covered by other base or pavement up to fourteen (14) days after final compaction. After 14 days without covering an application of 0.10 to 0.20 gallons per square yard emulsified asphalt shall be applied at the Contractor's expense. Reapplication of emulsified asphalt may be required if lime treated subgrade is not covered shortly after first application. Lime treated subgrade may be covered by other base or Pavement when density of 95% of maximum at optimum moisture content is obtained. 301.2.1.2 Quicklime (dry) shall not be used in the construction of roadway work in the City. ITEM 301.3 PORTLAND CEMENT TREATMENT Add the following: Portland cement modification of subgrade soils is not approved in Anna. Subgrade soils means natural ground or embankment encountered in the construction. ITEM 301.5 FLEXIBLE SUB -BASE OR BASE (CRUSHED STONE / CONCRETE) General: Add the sentence: No local limestone material shall be used as flexible base (crushed limestone) on Anna paving projects, unless. otherwise shown on the plans. ITEM 302 ASPHALT PAVEMENT ITEM 302.2 AGGREGATE FOR HOT -MIX ASPHALT PAVEMENT Central Mixing Plant Add the following: When a fly ash admixture is used with Type I cement in the production of Portland cement concrete, separate silos shall be provided for fly ash and cement and provisions shall be made for individual measurements. Finishing Add the following: The finished concrete pavement construction under these specifications is expected to meet certain quality standards for surface of the concrete including the durability, texture, riding surface and appearance. The surface must be durable, firm, dense and well bonded to the aggregate to maintain an appearance and texture which is satisfactory to the Owner. Concrete pavement having a poor surface which has spalled (exposed aggregate) due to poor quality paste, high water -cement ratio, over -vibration, improper curing, extreme weather or any other reason, or does not have a satisfactory riding surface shall be removed and replaced at the Contractor's expense. It is extremely important that the Pavement have a good rideable surface, free from undulations and rough joints. The City Engineer shall determine the acceptability of the Pavement. Machine Finishing Machine finishing of pavement shall include the use of power -driven spreaders, reciprocating type power -driven vibrators, power -driven transverse strike -off, and screed. The concrete pavement shall be consolidated by a reciprocating type mechanical vibrator. As soon as the concrete has been spread between the forms, the mechanical vibrator shall be operated to consolidate the concrete and remove all voids. Hand manipulated vibrators shall be used for areas not covered by the mechanical vibratory unit. The transverse finishing machine shall first be operated to compact and finish the pavement to the required section and grade, without surface voids. The machine shall be operated over each area as many times and at such intervals as directed. At least two trips will be required and the last trip over a given area shall be a continuous run of not less than 40 feet. After completion of finishing with the transverse finishing machine a transverse drag float may be used. After the floating has been completed and the excess water removed, but while the concrete is still plastic, the surface of the concrete shall be tested for trueness with an approved 10-foot steel straightedge furnished by the Contractor. The straightedge shall be operated from the side of the pavement, placed parallel to the pavement centerline and passed across the slab to reveal any high sports or depressions. The straightedge shall be advanced along the pavement in successive stages of not more 95 than one-half its length. Practically perfect contact of the straightedge with surface will be required, and the pavement shall be leveled to this condition, in order to insure conformity with the surface test required below after the pavement has fully hardened and to insure a smooth rideable surface. Any correction of the surface required shall be accomplished by adding concrete if required and by operating the longitudinal float over the area. The surface test with the straightedge shall then be repeated. After completion of the straightedge testing and surface correction the surface of the pavement shall be finished by an approved method. Methods available for pavement surface finish including a burlap drag finish, a broom finish or a belt finish. Unless otherwise shown on the plans, the pavement surface shall be finished with the burlap drag. a. Burlap Drag Finish If the surface texture is to be a drag finish, a drag shall be used; it shall consist of a seamless strip of damp burlap or cotton fabric, and it shall produce a uniform surface of gritty texture after dragging it longitudinally along the full width of pavement. For pavement 16 feet or more in width, the drag shall be mounted on a bridge which travels on the forms. The diameter of the drag shall be such that a strip of burlap or fabric at least 3 feet wide is in contact with the full width of pavement surface while the drag is used. The drag shall consist of not less than two layers of burlap with the bottom layer approximately 6 inches wider than the upper layer. The drag shall be maintained in such a condition that the resultant surface is of uniform appearance and reasonably free from gravels over 1/16-inch in depth. Drags shall be maintained clean and free from encrusted mortar. Drags that cannot be cleaned shall be discarded and new drags substituted. b. Broom Finish If the surface texture is to be broom finished, it shall be applied when the water sheen has practically disappeared. The broom shall be drawn from the. center to the edge of the pavement with adjacent strokes slightly overlapping. The broom operation shall be so executed that the corrugation. produced in the surface shall be uniform in appearance and not more than 1/16-inch in depth. Brooming shall be completed before the concrete is in such condition that the surface will be torn or unduly roughened by the operation. The surface thus finished shall be free from rough and porous areas, irregularities, and depressions resulting from improper handling of the broom. Brooms shall be of the quality, size, and construction and shall be operated to produce a surface finish meeting the approval of the Owner. Subject to the approval of the Owner, the Contractor may be permitted to substitute mechanical brooming in lieu of the manual brooming as herein described. c. Belt Finish If the surface texture is to be belt finish, when straightedging is completed and after sheen has practically disappeared and just before the concrete becomes non -plastic, the surface shall be belted with a 2-ply canvas belt not less than 8 inches wide and at least 3 feet longer than the pavement width. Hand belts shall have suitable handles to permit controlled, uniform manipulation. The belt shall be operated with short strokes transverse to the centerline and with a rapid advance parallel to the centerline. • Hand Finishing Hand finishing of concrete pavement will be' permitted in areas where it is not practical or possible to construct with finishing machines. These areas include, but are not 1:I:1 limited to, intersections, left turn, lanes, crossovers, transition areas and where the pavement width is not uniform. In all hand finished areas. one-half ('/z) extra sack of cement per cubic yard of concrete shall be used in the mix. In hand finished areas, the concrete shall be struck off with an approved strike -off screed to such elevation that when consolidated and finished the surface of the pavement shall conform to the required section and grade. The strike template shall be moved forward with a combined transverse and longitudinal motion in the direction the work is, progressing, maintaining a slight excess of material in front of the cutting edge. The concrete shall then be tamped with an approved tamping template to compact the concrete thoroughly and eliminate surface voids and the surface screeded to required section. After completion of a strike -off, consolidation and transverse screeding, a hand - operated longitudinal float shall be operated to test and level the surface to the required grade. Workmen shall operate the float from approved bridges riding on the forms and spanning the pavement. The longitudinal float shall be held in contact with the surface and parallel to the centerline and operated with short longitudinal strokes while being passed from one side of the pavement to the other. If contact with the pavement is not made at all points, additional concrete shall be placed, if required, and screeded, and the float shall be used to produce a satisfactory surface. Care shall be exercised to keep the ends of the float from digging into the surface of the pavement. After a section has been smoothed so that the float maintains contact with the surface at all points in being passed from one side to the other, the bridges may be moved forward half the length of the float and the operation repeated. Other operations and surfaces tests shall be as required for machine finishing. • Edging at Forms and Joints After the final finish, but before the concrete has taken its initial set, the edges of the pavement along each side of each slab, and on each side of transverse expansion joints, formed joints, transverse construction joints, and emergency construction joints shall be worked with an approved tool and rounded to the radius required by the plans. A well-defined and continuous radius shall be produced and a smooth, dense mortar finish obtained. The surface of the slab shall not be unduly disturbed by tilting of the tool during use. At all joints, any tool marks appearing on the slap adjacent to the joints shall be eliminated by brooming the surface. In doing this, the rounding of the edge shall not be disturbed. All concrete on top of the joint filler shall be completely removed. All joint shall be tested with a straightedge before the concrete has set, and correction shall be made if one side of the joint is higher than the other or if they are higher or lower than the adjacent slabs. ITEM 303 PORTLAND CEMENT CONCRETE PAVEMENT ITEM 303.8 PAVEMENT TESTING AND EVALUATION 303.8.2 Pavement Thickness Test Delete in its entirety and substitute therefore the following: Upon completion of the work and before final acceptance and final payment shall be made, pavement thickness tests shall be made by the Contractor. Tests shall be made at 400-foot spacings along the length of the pavement. In the event a deficiency in the thickness of pavement is revealed, two (2) subsequent sets necessary to isolate the deficiency shall be made - one at a jointed section prior ITEM 305 ITEM 305.1 to the deficient station and one at a Jointed section following the deficient station. Additional tests shall be obtained as necessary, at jointed section intervals to isolate the deficient area. Removal and replacement of concrete shall extend to joint boundaries, the full width of pavement section. If the average thickness of pavement in a particular section is less than called for on the plans, the pavement section shall be removed and replaced with the correct thickness, extending to joint boundaries, the full width of the pavement section, at the Contractors entire expense. No additional payment over the contract unit price shall be made for any pavement of a thickness exceeding that required on the plans. 303.8.3 Pavement Strength Test Revise the first paragraph to read: During the progress of the work, the Inspector or a commercial laboratory shall cast test cylinders or beams to maintain a check on the strengths of the concrete being placed. Add the following sentence and table: A table titled "PAVEMENT STRENGTH REQUIREMENTS", is provided showing the required pavement thickness, 7-day strength, 28-day strength, minimum cement factor and maximum slump for each street type to be constructed in Anna. Requirements for high strength pavement and less thickness is also shown if required by the City. Add to the 5th paragraph: Test cores shall be obtained within five (5) working days after the 28-day test results have been provided by the commercial laboratory. All test cores shall be obtained by a commercial laboratory, at the Contractors expense. One (1) core shall be obtained in the immediate area of the deficiency and two (2) additional cores shall be obtained - one at a 'oil nted section prior to the deficient station and one at a Jointed section following the deficient station. Additional cores shall be obtained as necessary, at 'oil nted section intervals to isolate the deficient area. Removal and replacement of concrete shall extend to joint boundaries, the full width of pavement section. Amend the 2nd paragraph on Page 217 to read "Pavement not meeting the minimum specified 28-day strength after cores have been tested shall be removed and replaced at the Contractor's expense." Delete the table and the paragraph below it. PAVEMENT STRENGTH REQUIREMENTS Item Street Width Thick- Compr. Strength Mm. Max. No. Street Type F-F ness 7-Da 28-Day Cement Slum Principal Arterial, Minor 1. Arterial 2-33' & 2-24' 8" 2940 4,000 6.5 3" Collector (including office 2. and comm. Street) 44' to 36' 8" 2500 4,000 6.0 , 3" 3. Residential • 28' 6" 2500 4,000 6.0 3" MISCELLANEOUS ROADWAY CONSTRUCTION CONCRETE CURB AND GUTTER 305.1.3.2 Reinforcing Steel All bars at splices shall be lapped a minimum of 30 diameters of the bar or 12-inches, whichever is greater. ITEM 305.2 CONCRETE SIDEWALKS, DRIVEWAY APPROACHES. & BARRIER FREE RAMPS 305.2.2.2 Reinforcement Revise the first sentence to read: Driveway approaches and walk reinforcing shall be No. 3 bars on 24-inch centers. 305.2.3 Construction Methods General: Add to end of first paragraph: The drive approach shall have a minimum thickness equal to the thickness of the adjacent street or 6 inches, whichever is greater. 305.2.3.7 Joints Revise second sentence to read: Expansion joints shall be placed in the sidewalk at 20-foot intervals or as otherwise specified by the Owner. DIVISION 400 — ROADWAY MAINTENANCE AND REHABILITATION DIVISION 500 — UNDERGROUND CONSTRUCTION & APPURTENANCES ITEM 501 UNDERGROUND CONDUIT MATERIALS ITEM 501.4 CONCRETE PRESSURE PIPE AND FITTINGS C302 Reinforced Concrete Pressure Pipe, Non Cylinder Type, for Water and Other Liquids, and C300 Reinforced Concrete Pressure Pipe, Steel Cylinder Type, for Water and Other Liquids are not approved for use in the City, unless otherwise shown in the plans or approved in writing. Reinforced concrete cylinder pipe in sizes 16 inches through 21 inches shall be Pretensioned Pipe Type C303. For pipe 42 inches in diameter and above the pipe shall be Prestressed Pipe Type C301. Between 24 inches and 36 inches the pipe furnished may be either type. All pipe shall be designed to withstand the working pressure and external load as shown in the plans. ITEM 501.5 REINFORCE CONCRETE WASTEWATER PIPE WITH RUBBER GASKET JOINTS ASTM Designation C76 and shall be of the Thick Wall Pipe design with aggregates consisting of limestone aggregate in the proportion of at least 75 percent by weight of the total aggregates, unless otherwise provided in the Special Conditions to the Specifications. ITEM 501.9 STEEL PIPE AND FITTINGS 501.9.2 Applicable Standard Specifications (Add the following) Contractor shall, submit a written certification that the pipe has been manufactured and tested in accordance with the applicable standards. The pipe shall be manufactured, fabricated, coated and lined by a single manufacture being a certified member in good standing of the Steel Plate Fabricators Association (SPFA). glrl 501.9.3 Pipe and Fitting Requirements Substitute the following for the sentence following (2) Wall Thickness: All steel pipe to be furnished for this project shall be designed in accordance with AWWA MI 1 for the most critical application of internal pressures and external loads. The following design conditions shall apply: Internal Pressure (Design to account for working and surge together) 1) Working Pressure of 200 psi 2) Surge allowance of 250 psi External Loadinq for Buried Pipe 1) External loads shall be comprised of the weight of the backfill together with live and' impact loads. Earth loads shall be calculated based on ditch and positive projecting conduit. The earth load for the pipe design shall be the greater of the above two conditions. 2) External live loads shall be at least equivalent to AASHTO HS-20 loading. 3) Modulus of soil reaction (E') < 1000 psi 4) Unit weight of fill (w)> 120 pcf 5) Deflection lag factor (DI) (1.0) 6) Bedding constant (K) = 0.100 7) hw = h = depth of cover above top of pipe 8) Maximum deflection in percent of pipe diameter 'shall be ad determined by AWWA MI 1, latest edition, as calculated using moment of inertia of steel cross section of pipe wall. Moment of inertia of cement mortar shall not be included in calculation of maximum deflection. Available Deflections Mortar -lined and coated = 2 percent of pipe diameter Maximum Working Stress The maximum combined stress based on working pressure shall be no greater than 50 percent of the minimum yield strength or 18,000 psi, whichever is less. The maximum combined stress based on test pressure shall be no greater than 75 percent of the minimum yield strength or 24,000 psi, whichever is less. 501.9.4 Joints: Add the following: In general, pipe joints shall be as follows, as indicated on the Drawings or as specified. 1) Flanged joints shall be provided as a minimum at all flanged valves, meters and other equipment. a. Flanqes: Unless otherwise noted, flanges shall conform to the requirements of AWWA C207, Table D, E or F as required. b. Flange Bolts and Nuts: Shall be furnished in size and numbers stipulated in AWWA C207. Unless otherwise indicated, bolts shall be carbon steel to meet the requirements of ASTM Designation A307, Grade B for regular joints. 100 2) Restrained Lap -Welded slip joints (expanded bell) with a single fillet weld 3) Carnegie -Shape Rubber Gasket Joint: Bell and spigot rubber gasket joint will be furnished with the bell end of the pipe mechanically expanded to the required internal diameter and the spigot end furnished as a sized Carnegie shape welded to the opposite end of the pipe. The expanded bell and Carnegie spigot shall be designed such that when the pipe is laid and jointed, it will be self-centered, and the 0-ring rubber gasket will be enclosed tightly on all four sides and confined under compression adequate to ensure watertightness. Gaskets to be full -face for use with flat face flanges and ring type for use with raised face flanges. Gasket material for water service pipe shall be cloth inserted rubber sheet, 1/8-inch thick or red rubber, ASTM D1330, Grade 1. Gasket material for air piping shall be as above, but of EPDM. 4) Mechanical Couplings: Mechanical couplings designed to provide a stress relieving flexible joint shall consist of a cylindrical sleeve, two gaskets, two follower rings and a set of bolts and nuts. a. Sleeves: Manufactured of ASTM A53 steel, for sizes 10-inches and smaller. ASTM A36 steel for sizes 12-inches and larger. Minimum sleeve length shall be five inches for pipe 12-inches and smaller, 7- inches for pipe 14-inches through 24-inches, and 10-inches for pipe larger than 24-inches. b. Follower Rings: Ductile Iron ASTM A536 or AISI Cl 020 Steel. c. Bolts and Nuts: High strength low alloy steel with heavy semi -finished hexagon nuts. d. Gaskets: Shall be of synthetic rubber suitable for operating conditions. e. Shop Finish: Manufacturer's standard unless otherwise noted. f. Manufacturer: 'Baker 200, Dresser Style 39, Rockwell Series 411 or approved equal. ITEM 502.3 FIRE HYDRANTS 502.3.1 Materials All fire hydrants furnished shall conform strictly with the latest specification C- 502 of the American Water Works Association Standards for dry barrel fire hydrants and must comply with the following supplementary details and changes or addition. (a) Inlet Connection: Unless otherwise specified the inlet connection shall 'be a six (6) inch standard mechanical joint complete with all joint accessories. The inlet shoe shall be cast of the same or stronger metal than the lower barrel to prevent impact damage of the shoe. The interior of the shoe, including the lower valve plate and/or cap nut shall have a protective epoxy coating of at least 4 mils applied in the shop. If a cap nut is utilized it must be locked in place with a stainless steel lock washer or similar non- corrosive device and all machined surfaces must be protected from water intrusion to prevent corrosion and assure ease of field teardown or maintenance. 101 (b) Main Valve: The main valve shall be reversible compression type, closing with the pressure and shall be not less than 5-1/4" in diameter. Composition of the main valve shall be molded rubber or neoprene having a durometer hardness of 90 + 5 and shall be not less than 1" thick to protect against hydrant chatter and give long term durability. (c) Outlet Nozzles: All hydrants shall be "three way", equipped with two hose nozzles and one pumper nozzle. (d) Diameter Outlet Nozzles: The hydrant shall have two hose nozzles, two and one-half (2-1/2") inches nominal I.D., and one pumper nozzle four and one-half (4-1/2") inches nominal I.D. with Natural Standard Hose Threads. (e) Nozzle Attachment: All nozzles shall be mechanically connected into the barrel and have "0" Ring pressure seals to provide a positive seal between nozzles and hydrant barrel. A suitable nozzle lock shall be provided and shall be stainless steel or bronze. Nozzles shall not be caulked in. Nozzle caps shall be furnished with pentagon nut the same size as the operating nut. They shall be furnished with interior rubber gaskets that will seat against bronze nozzles. All caps shall be secured to hydrant barrel by heavy duty non -kinking chains with a chain loop on each cap that permits free turning of the cap, for speed and ease of removal by fire fighters. (f) Operating Nut: The operating nut shall be non -rising, pentagonal shape, measuring 1-1/8" at the top and 1-1/4" at the base from point to flat. Pentagon shall have a depth of at least one and one -quarter inch (1-1/4"). The hydrant shall be constructed in such a manner that the operating nut, "0" Rings and washers can be removed and replaced without removing the bonnet. All bearing surfaces of the operating nut shall be bronze. (g) Holddown Nut: Holddown nut must have intregal weather seal. Resilient seal between holddown nut and operating nut shall prevent debris entry to protect operating nut from damage. (h) Lubrication Reservoir: The hydrant shall have a completely "0" Ring sealed oil reservoir with a minimum of two (2) "0" Ring pressure seals to prevent contamination of the oil around the operating parts of the hydrant. The oil reservoir shall be cast in such a manner that all operating parts shall be repairable without removal of the bonnet to facilitate repairs and shall be of a design that all bearing surfaces and threaded parts will be automatically lubricated upon each operation of the hydrant. If bearing surfaces are not lubricated, the design shall keep operating friction to a minimum. A high wear resistant thermoset plastic anti -friction washer shall be in place above the thrust collar to minimize operation torque and facilitate long term ease of operation— The operating threads must be sealed against contact with water to all times regardless of open or closed position of main valve. The hydrant shall have the capability of field personnel to visually. check oil level and add additional oil if needed. Filler and inspection plug shall be recessed or flush type. (i) Traffic Feature: Hydrants shall be "traffic model' having upper and lower barrel joined approximately two inches (2") above the groundline by a breakable "swivel' flange providing 360 degree rotation of the upper barrel for nozzle positioning and must be capable of rotating barrel with line pressure on. The groundline shall not be less than eighteen inches (18") i"I below the centerline of the lowest nozzle and shall be clearly marked in a permanent manner on the lower barrel. A breakable stainless steel stem coupling shall join the two-piece stem adjacent to the ground line flange. Screws, clevis pins, fasteners or bolts used in the coupling shall be Series 300 stainless steel. The weakened portion of the stem coupling shall be located to divert pressure from the stem coupling directly to the upper and lower stems when torque is applied in seat ring removal. Design of the coupling shall be such that when the coupling is broken, no part of the coupling will shatter or come loose and fall into hydrant and the break will not occur through the pins or bolts holding the coupling to the stem. (j) Drain Valve Assembly: Hydrants shall be equipped with two drain valves which drain the barrel when the hydrant is closed and seal shut when the hydrant is in the open position. The upper valve plate,' seat ring and drain ring (shoe bushing) must be bronze and work in conjunction to form an all bronze drainway. Upper valve plate if not bronze, must be epoxy coated. The bronze seat ring shall be a minimum 5-1/4" inside diameter and shall thread into a bronze drain ring forming an all bronze drainway with two (2) drain outlets for double protection against drain clogging and corrosive damage. All bronze components shall have less than 16% zinc alloy,. Grade A to give high corrosion resistance as recommended 'in Section 2.1, Table I of American Water Works Association Standard C-502. Seat ring seals shall be "0" Rings. Hydrant shall be designed so that during opening and closing operation(s), water pressure force flushes the drain valve and drain openings to prevent clogging, thus allowing barrel drainage: (k) Repair: All internal operating .parts shall be removable from above ground level with a' lightweight stem wrench. (1) Provisions for Extension: All hydrants shall be capable of being extended to accommodate future grade changes without excavation. Extension of the hydrant shall be made by adding at the groundline flange a new coupling and stem section equal to the length of the extension. This must facilitate easy field grade adjustment. Stem extensions made by adding new section of stem to the threaded section of the stem at the top of the hydrant will not be' accepted. Extension kits must be available from manufacturer in six-inch (6") increments. (m) Pressure Loss and Working Pressure: Pressure loss through one (1) four and one-half inch (4-1/2") nozzle at 1000 GPM shall not be more than 5.0 psi. `1IN ITEM 502.6 VALVES 502.6.2 Resilient -Seated Gate Valves for Ordinary Water Works Service Unless otherwise approved in writing, all Gate Valves for direct buried service in the City's distribution system, 6 inches through 12 inches in diameter, shall be Resilient Seated Gate Valves that conform strictly with the latest specification C-509 of the American Water Works Association Standards and must comply with the following supplementary details, changes or additions. (a) Body: Gate valves shall be iron body designed for a working pressure of 250 psi. All valves shall be hydrostatically tested at 200 psi and shell tested at 500 psi. Any leakage during testing shall be cause for rejection. For ease of repair the body, bonnet and stuffing box shall be flanged together with ASTM Grade B bolts and nuts. Each valve shall have the maker's initials, pressure rating, and year in which manufactured cast in the body. (b) Stems: Stems shall be machined from manganese bronze rod with an integral forged thrust collar machined to size. The stems shall be non -rising and equipped for nut operation, which shall be opened by turning to the left. (c) Stem Seals: The seals shall consist of two "0" rings above and one "0" ring below the thrust collar. An anti -friction washer shall be located above and below the thrust collar for operating torque. (d) Stem Nut: The stem nut shall be ASTM'B-62 bronze. (e) Resilient Wedge: The wedge shall be cast iron, fully encapsulated in molded rubber complying with ASTM D2000. Wedge must have molded wedge guides preventing the disc from tilting downstream during operation. Protective guide cap bearings made of polymer bearing material to provide a bearing interface between the wedge guide and valve interior. (f) Paint and Protective Coatings: All valves furnished under these specifications shall be painted on the exterior as specified in AWWA C509 with asphalt varnish. All ferrous metal surfaces in the internal part of the valve shall be protected with a fusion epoxy coating 'to a nominal thickness of 10 mils for corrosion protection and shall be of a color that is easily identified as an epoxy coating. The proguard fusion epoxy coating shall fully comply with AWWA C550 .and certified NSF 61. The coating shall be 'non -toxic and shall not impart taste to water. The coating must be formulated from materials deemed acceptable per the Food & Drug Administration Document Title 21 of the Federal Regulations of Food Additives, Section 121.2514 entitled Resins and Polymeric Coatings. The coating shall 'have a satin finish and shall be suitable for field overcoating and touchup with the same coating' material without sanding or special surface preparation, or application of heat in excess of room temperature. (g) Experience and Certification: Valves, furnished under these specifications, shall be manufactured by a firm that has been producing valves of this general type continuously for. the past 'five (5) years. Each company or. 104 manufacturer supplying valves under these specifications shall have on file, with the City of Anna, approved, records of experience and detailed drawings of the proposed valves. Drawings shall cover the specific valve to be furnished for installation and shall show all dimensions including metal thickness, construction details and materials used in all parts of the valve together with ASTM Designation and Structural properties of these materials. The manufacturer shall furnish to the City of Anna, a Certification that the valve complies with the specifications without any exceptions. This certification shall apply to specific valves being installed within the City water distribution system. The certification shall state (1) the number of valves covered by the certifications, (2) the Addition where valves are being installed or the Project Name, and (3) name of Contractor installing valves. The City may require the Manufacturer, Supplier or Contractor to dismantle valves at any time to determine compliance with these specifications. Location of any valve within the City system, installed after adoption of these specifications, that does not meet the specifications completely shall be cause for prohibiting the future use of any valves from the same manufacturer. (h) Tapping Sleeves: The materials for tapping sleeve bodies shall be cast-iron or ductile -iron in accordance with AWWA Standard Cl 10 (ANSI 21.10), in two sections, or halves to be bolted together with high -strength, corrosion resistant, low alloy steel bolts conforming to AWWA Standard C111 (ANSI 21A1). Cast iron and ductile -iron sleeve shall be mechanical joint, or as specified, or dimensions to secure, proper fit on the type and class of pipe on which they are to be used. Each sleeve shall be furnished with a 3/8-inch test opening so that tests can' be made prior to tapping. Opening shall be provided with a 3/8-inch bronze plug. 502.6.5 Butterfly Valves (Add the Following) All Butterfly Valves for installation underground in the City's distribution system 16 inches through 48 inches shall be in accordance with this specification. All butterfly valves furnished shall conform strictly with the latest specification C- '504 of the American Water Works Association Standard for rubber -seated butterfly valves and must comply with the following supplementary details and changes or addition. (a) Body: The body shall be cast-iron ASTM A126, Class B and shall have face 'to face dimensions in accordance with AWWA Standards for short body, Class '150-B. All butterfly valves shall have a floating body seat ring to compensate for change in direction of flow to assure bottle -tight seal in either direction. (b) Shaft: Valve shafts shall be an 18-8, Type 304 stainless steel. Valve disc and shaft shall be standard self-adjusting Chevron "V" type packing. Shaft seals shall be of a design allowing replacement without removing the valve shaft. 105 (c) Disc and Seat: The valve disc shall be cast iron ASTM A126, Class B. The valve seat shall be Buna-N located on the valve body. Valves 20" and smaller shall have a bonded seat that meets test procedures in ASTM D429, Method B. Valves 24" and larger shall be retained in the valve body' by mechanical means without the use of metal retainers or other devices located in the flow stream. (d) Operator: Butterfly valve operators shall be of the traveling nut design. All operators shall have adjustable mechanical stop limiting devices to prevent over travel of the disc. The operator shall have a mechanical stop which will withstand an input torque of 450 Ft. lbs. against the stop. The traveling nut shall engage alignment grooves in the housing. (e) Operation: Unless otherwise shown in the plans, all valves shall open counter clockwise. (f) Valve Ends: Valve ends shall be Mechanical Joint End, or Flanged Ends. Mechanical joint valves shall come complete with bolts, nuts, gaskets and glands. It shall be the responsibility of the Contractor to coordinate the ends of the adjoining pipe with the type valve end he proposes to use. (g) Testing: All valves seats shall be tested at 150 psi as described in AWWA C-504 and in addition shall have a shell test of 300 psi. Any leakage shall be cause for rejection. (h) Paint and Protective Coatings: All butterfly 'valves furnished under these specifications shall be painted on exterior as specified in AWWA C-504, with asphalt varnish. All ferrous metal surfaces in the internal part of the valve shall be protected with a two-part thermoset epoxy coating to a nominal thickness of 4 mils for corrosion protection and shall be of a color that is easily identified as an epoxy coating. This shall be applied in shop. The thermoset epoxy coating shall be a two-part epoxy and shall function as a physical, chemical and electrical barrier between the base metal to which it is applied and the surroundings. The coating shall be non -toxic and shall not impart taste to water. The coating must be formulated from materials deemed acceptable per the Food & Drug Administration Document Title 21 of the Federal Regulations of Food Additives, Section 121 .2514 entitled Resins & Polymeric Coatings. The coating shall have a satin finish and' shall be suitable for field overcoating and touchup with the same coating material without sanding or special surface preparation, or application of heat in excess of room temperatures. (i) Experience and Certification: Butterfly valves, furnished under these specifications, shall be manufactured by a firm that has been producing valves of this general type continuously for the past five (5) years. Each company or manufacturer supplying valves under these specifications shall have on file, at the City of Anna, approved records of experience and detailed drawings of the proposed valves. Drawings shall cover the specific valve to be furnished for installation in the City of Anna and shall show all dimensions including metal thickness, construction details and materials used in all parts of the valve together with ASTM Designation and structural properties of these materials. 106 The manufacturer shall furnish to the City, a Certification that the valve complies with the specifications without any exceptions. This certification shall apply to specific valve being installed with the City water distribution system. The certification shall state (1) the number of valves covered by the certification, (2) the Addition where valves are being installed or the Project Name and (3) name of Contractor installing valves. The City may require 'the Manufacturer, Supplier or Contractor to dismantle valves at any time to determine compliance with these specifications. Location of any valve with the City system, installed after adoption of these specifications, .that does not meet the specifications completely shall be cause for prohibiting the future use of any valves from the same manufacturer. ITEM 504 OPEN CUT - BACKFILL ITEM 504.2 MATERIALS 504.2.2.1 Add the following sentence: All stone used for pipe embedment shall be standard crushed rock -aggregate, Grade 4, unless otherwise approved in writing. ITEM 504.3 EXCAVATION AND FOUNDATION Prior to start of excavation the Contractor shall remove and stockpile the Topsoil and protect the Topsoil from contamination during construction. After the trench has been refilled, topsoil shall be replaced to the extent that rock, excavated from the trench, will be completely covered and the area is returned to its original condition, except that in cultivated areas a minimum of 12 inches of top soil shall be replaced. ITEM 504.4 BACKFILL— GENERAL REQUIREMENTS The material used in the backfill shall be pulverized to the extent necessary to produce, free flowing material free of clay balls larger than 6-inch diameter. ITEM 504.5 EMBEDMENT (Add the Following) Rock Cuttings or Sand will not be permitted in the pipe bedding for sanitary sewer or water lines in the City of Anna. 504.5.2.15 Class "H" Embedment: The embedment consists of a completely encased pipe with Standard Crushed Stone, Grade 4. Class "H" Embedment shall be used on the P.V.C. Sanitary Sewer Pipe installed within the City of Anna. After the trench has been cut to a depth below the barrel of the pipe a distance of 1/8 Bc (3 inches minimum and 6 inches maximum), the bedding layer shall be brought to a point slightly above grade with compacted crushed stone. Bell holes shall be formed and the pipe laid and joined as specified. The stone shall be brought up in uniform layers of six inches to a point six inches over the top of the pipe when compacted. On PVC Pipe 18 inches through 27 inches in diameter the crushed stone shall be brought up in uniform layers to a point nine inches over the top of the pipe when compacted. 107 ITEM 506 OPEN CUT — WATER CONDUIT INSTALLATION 506.3 Laving Water Conduit Valves for installation in the City's distribution system shall be installed by direct burial as shown on the standard detail sheets and shall be provided with valve boxes for operation of the valve. 506.5 Hydrostatic Test: All hydrostatic tests shall be maintained over a period of not less than four hours. "Before being accepted, all ductile iron, C-900 PVC or concrete cylinder water mains shall be tested with a hydraulic test pressure of not less than four hours. Concrete pressure pipe shall be tested with a hydraulic test pressure of 120 percent of the design pressure. Steel pressure pipe shall be tested with a hydraulic test pressure not to exceed 150 percent and not less than 120 percent of the designed working pressure. The rate of leakage of all pipe tested shall not exceed the amounts shown in the tables titled "Hydrostatic Test-C-900 PVC, Steel or Ductile Iron Water Mains" or "Hydrostatic Test -Concrete Cylinder Water Mains". Water lines of material in combination shall be tested for the type of pipe (material) with the least stringent hydraulic test pressure and maintained over a period of not less than four hours." HYDROSTATIC TEST C-900 OR 905 PVC, STEEL OR DUCTILE -IRON WATER MAINS GALLONS ALLOWED L.F. Pipe Diameter Pipe 4" 6" 8" 10" 12" 14" 16" 18" 20" 5 0.016 0.024 0.032 0.039 0.047 0.055 0.063 0.071 0.079 10 0.032 0.047 0.063 0.079 0.095 0.110 0.126 0.142 0.158 20 0.063 0.095 0.126 0.158 0.189 0.221 0.253 0.284 0.316' 30 0.095 0.142 0.189 0.237 0.284 0.331 0.379 0.426 0.473 40 0.126 0.189 0.253 0.316 0.379 0.442 0.505 0.568 0.631 50 0.158 0.239 0.316 0.395 0.473 0.552 0.631 0.710 0.789 60 0.189 0.284 0.379 0.473 0.568 0.663 0.758 0.852 0.947 70 0.221 0.331 0.442 0.552 0.663 0.773 0.884 0.994 1.105 80 0.253 0.379 0.505 0.631 0.756 0.884 1.010 1.136 1.263 90 0.284 0.426 0.568 0.710 0.852 0.994 1.136 1.278 1.420 100 0.316 0.473 0.631 0.789 0.947 1.105 1.263 1.420 1.578 200 0.631 0.947 1.263 1.578 1.894 2.210 2.525 2.841 3.157 300 0.947 1.420 1.894 2.367 2.841 3.314 3.788 - 4.261 4.735 400 1.263 1.894 2.525 3.157 3.788 4.419 5.051' 5.682 6.313 500 1.578 .2.367 3.157 3.946 4.735 5.524 6.313 7.102 7.891 600 1.894 2.841 3.788 4.735 5.682 6.629 7.576 8.523 9.470 700 2.210 3.314 4.419 5.524 6.629 7.734 8.838 9.943 11.048 800 2.525 3.788 5.051 6.313 7.576 8.838 10.101 11.364 12.626 900 2.841 4.261 5.682 7.102 8.523 9.943 11.364 12.784 14.205 1000 3.157 4.735 6.313 7.891 1 9.470 11.048 12.626 14.205 15.783 Maximum allowable water loss in 4 hours at 180 pounds per square inch of pressure for a rate of 25. gallons per inch diameter of pipe per mile over a 24-hour period EQUATION THE ABOVE CHART IS BASED ON: Maximum Loss (Gal.) = 25 x Diameter of Pipe in Inches x L.F. of Pipe x 4 5280 24 HYDROSTATIC TEST CONCRETE CYLINDER WATER MAINS GALLONS ALLOWED L.P. Pf a Diameter Pipe 4" 6" 8" 10" 12" 14" 16" 18" 20" 5 0.031 0.047 0.063 0.078 0.095 0.110 0.126 0.142 0.158 10 0.063 0.095 0.126 0.158 0.189 .0.221 0.253 0:284 0.315 20 0.126 0.189 0.253 0.316 0.379 0.442 0.505 0.568 0.631 30 0.188 0.284 0.379 1 0.473 0.568 0.663 0.758 0.852 0.947 40 0.253 0.379 0.505 0.631 0.758 0.884 1.010 1.136 1.263 50 0.316 0.473 0.631 0.789 0.947 1.105 1.263 1.420 1.578 60 0.379 0.568 0.758 0.947 1.136 .1.326 1.515 1.704 1.894 70 0.442 0.663 0.884 1.105 1.326 1.547 1.768 1.989. 2.210 80 0.505 0.758 1.010 1.263. 1.515 1.768 2.020 2.273 2.525 90 0.568 0.852 1.136 1.420 1.704 1.989 2.273 2.557 2.841 100 0.631 0.947 1.263 1.578 1.894 2.209 2.525 2.841 3.156 200 1.263 1.894 2.525 3.156 3.788 4.419 5.050 5.682 6.313 300 1.894 2.841 3.788 4.735 5.682 6.628 7.575 8.522 9.470 400 2.525 3.788 5.050 6.313 7.575 8.838 10.100 11.363 12.626 500 3.158 4.735 6.313 7.891 9.470 11.047 12.626 14.204 15.782 600 3.788 5.682 7.575 9.469 11.363 13.257 15.151 17.045 18.938 700 4.419 6.628 8.838 11.047 13.257 15.468 17.676 19.885 22.095 800 5.050 7.575 10.100 12.626 15.152 17.676 20.201 22.726 25.251 900 5.682 8.522 11.363 14.204 17.044 19.886 22.726 25.567 28.405 1000 6.313 9.469 12.626 15.782 18.939 22.096 25.253 28.408 31.564 Maximum allowable water loss in 4 hours at 180 pounds per square inch of pressure for a rate of 50 gallons per inch diameter of pipe per mile over a 24-hour period EQUATION THE ABOVE CHART IS BASED ON: Maximum Loss (Gal.) = 50 x Diameter of Pipe in Inches x L.F. of Pipe x 4 5280 24 110 ITEM 506.7 Purging and Disinfection of Water Conduits (Add the following) On all waterlines installed in the City of Anna the Contractor shall be responsible for Purging, Testing and Sterilization of the completed lines. DIVISION 600 — CONDUIT AND APPURTENANCES REHABILITATION DIVISION 700 — STRUCTURES DIVISION 800 — MISCELLANEOUS CONSTRUCTION & MATERIALS ITEM 801.3 RAILINGS Reflectorized marking for guard rail and other traffic control used shall meet the requirements of 3M Scotchlite Brand Reflective Sheeting Grade, Series 2800, 3800 or 5800, or equal. The. marking shall conform to U.S. Department of Transportation, Federal Highway Administration, STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS, 1979 FP-79, Type III A, Sections 633.36 and 718.01 and Federal Supply Service, General Services Administration, LS-300 C, SHEETING AND TAPE REFLECTIVE NON -EXPOSED LENS, Reflectivity 2, Class 4. ITEM 801.5 WIRE FENCING 801.5.2.1 Wire Fencing Fabric: All chain link fencing shall be No. 9 gage copper bearing open-hearth steel wire. 801.5.2.2 Posts 801.5.2.2.1 Metal: All posts shall be heavily galvanized by the hot -dip process after fabrication and shall be fitted with watertight malleable iron caps. All posts shall be of the following size and shape: Line Posts: "H" Section hot rolled weighing not less than 4.10 pounds per linear foot or 3-1/2-inch O.D. pipe weighing not less than 3.65 pounds per linear foot. Terminal Posts: Three inch (3") steel pipe weighing not less than 5.79 pounds per linear foot. Gate Posts: Four inch (4") O.D. steel pipe weighing not less than 9.11 pounds per linear foot. 801.5.2.3 Rails. Gates. Braces and Fittings: Shall be 1-5/8 inch steel pipe weighing not less than 2.27 pounds per linear foot. 111 ITEM 803.2 GABION STRUCTURES 803.2.2 Materials Add the sentence: All wire used, including tie and connecting wire, shall be certified by Mill Test Reports showing compliance with specification requirements. 803.2.2.2 Stone Add the following: Facing stone shall be hand selected, large stone and shall be selected for best appearance. Facing stone shall be an off-white color and prior to laying the stone, samples shall be delivered' to the site and shall be approved 'by the Engineer for gradation and appearance. ITEM 805 ELECTRICAL COMPONENTS AND CONDUIT ITEM 805.3 MATERIAL (Add the following) Pull Box. All pull boxes shall be Quazite precast polymer concrete, or approved equal. Boxes shall be approximately 17" x 30" x 30" and shall be furnished with a concrete cover. 112 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 71h business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. Interstate Pipeline Utility Construction, LLC 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the dale on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. N/A Name of Officer 4J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and IS for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? F] Yes F-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F-1 No .6j Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. None 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts ❑ as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 03/05/2024 Signall-41161vendor doing bu4iness with the governmental entity Date Form provided by Te f Ethics Commission www.elhics.state.tx.us Revised 1/1/2021 113 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code 4176.001(1-a):"Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code 6176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code 4176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or afamily member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx. us Revised 1/1/2021 114 TECHNICAL SPECIFICATIONS SECTION 2. TECHNICAL SPECIFICATIONS 2.01 PURPOSE OF TECHNICAL SPECIFICATIONS: This project shall be constructed in accordance with the current City of Anna Standard Specifications ("Standard Specifications"), which include the NCTCOG Standard Specifications for Public Works Construction, latest edition, and which for the purposes of this Contract Agreement also include the Supplementary General Provisions and these Technical Specifications; provided that where any discrepancies occur between the Technical Specifications, the Supplementary General Provisions and/or the Standard Specifications, these Technical Specifications shall govern. The Technical Specifications are included herein for the purpose of adapting the Supplementary General Provisions to the project which is the subject of the Contract Agreement and of adding thereto such further provisions as may be necessary to state the agreement in its entirety. 2.02 ADJUSTMENTS TO EXPOSED UTILITY APPURTENANCES: Any water, sanitary sewer or storm sewer appurtenances encountered by the Contractor during construction will be adjusted by the Contractor to conform to the finished surface of the street. Contractor will take every care in the recovery of previously unlocated appurtenances. The Contractor must keep all sanitary or storm sewers clear of dirt or debris resulting from any construction operations. The Contractor is fully responsible for all damage and loss to utility appurtenances and facilities caused by his operations. Care must be exercised at all times to avoid damage or interruption of service. In the event that the Contractor, having taken every care for the recovery of previously unlocated appurtenances, damages a previously unlocated City owned appurtenance, the City will provide the cast replacement materials needed for the adjustment to be completed. Adjustments to any appurtenance must be done in a manner which is, and with materials that are, acceptable to the owner. See attached drawings for information on the adjustment of City of Anna Utility appurtenances. It is the intention of the City that all adjustments of utility -owned facilities be completed in advance of placement of the new asphaltic concrete surfaces. Adjustment of City owned appurtenances shall be done following resurfacing. The Contractor will endeavor to reuse existing castings, covers or other material parts. Extension rings will not be acceptable. The Contractor shall use Grade 30 Felt Paper to cover the appurtenance prior to Construction/Improvements. Upon Completion of asphalt resurfacing, the Contractor will mark all appurtenances with permanent type paint on the new surface for easy location. Adjustments will be made no more than five (5) at a time. When five (5) appurtenances have been exposed for adjustment, the Contractor will have three (3) days to complete said adjustments. Clean-up will be completed before the next five (5) appurtenances can be started. This is required in addition to Section 12-13 of General Technical Provisions. Technical Specifications 115 Payment for appurtenance adjustments will be included in monthly partial payments as the work is completed. This does not relieve the Contractor from the responsibility for making final corrections as may become necessary before the contract is accepted for final payment. The contract unit price for each item will be full compensation for removal and salvage of the existing appurtenance, for all required cleaning before reinstallation, for all cutting or rebuilding necessary to match the finished grade of the paving, for replacement of all damaged or lost parts, for new parts which may be necessary to match the height of the proposed surface, for protecting facilities to assure continuous and uninterrupted service, for the asphaltic concrete patching to protect traffic, and of all material, labor, and equipment costs to satisfactorily complete the adjustments in accordance with these specifications and to the satisfaction of the Engineer. Contracted price for adjustment of any utility appurtenances will not be subject to renegotiations due to underrun of contract quantity. 2.03 PROJECT SIGNS: The Contractor on this project shall provide and erect up to one (1) project signs as required. Locations of sign will be as indicated by the Owner's representative. The sign shall be substantially in accordance with the drawing enclosed as part of these specifications. Construction shall be on 3/4" weatherproof (marine) plywood and the painting shall be accomplished with good quality paint which will not weather or fade excessively during life of contract. Sign colors shall be as indicated, or equivalent color values as provided by other manufacturers. Signs shall be placed in prominent locations and maintained in good condition until the completion of the project. Damaged or defaced signs will be repaired within two working days at the Contractor's expense. The cost of the sign(s) shall be considered subsidiary to the unit prices bid on this project, unless otherwise noted. Signs shall become the property of the City of Anna after completion of the project. 2.04 POSTING SIGNS: The Contractor Is the Public Works Director's authorized designee to post notice of street improvement. The following stipulations will apply: A. 48 hours prior to the commencement of each phase of construction/improvements, i.e, base repair, level up, milling, or resurfacing is scheduled to start, the contractor will place "NO PARKING" signs at locations where plainly visible to all on -street parking areas and in sufficient number that the message can be read from any parking space, approximately 75 to 100 feet apart. Signs must be placed at the ends of each project street sections where they can be clearly seen by approaching traffic. B. "NO PARKING" signs must be used notifying persons that it is unlawful to park vehicles in the street, specifying the location, time, and dates, and a failure to observe this restriction will result in towing and/or penalty according to Ordinance No. 90-182. Technical Specifications 116 No separate or additional pay will be made for complying with the requirements of this special provision. No phase of construction/improvement may start until posting of signs is complete. 2.05 REMOVAL OF VEHICLES: The Contractor will be responsible for removal of vehicles which obstruct each phase of construction/improvement. The Engineer recommends that the Contractor engages the services of an off -duty police officer whenever private vehicles are to be towed. The Contractor must assume all responsibility for moving vehicles and handle all claims which may arise. No separate or additional pay will be made for complying with the requirements of this special provision. 2.06 TRAFFIC MOVEMENTS AND SCHEDULE OF OPERATIONS: Construction / improvements shall be scheduled to produce a minimum of interference to the movement of traffic. All streets are to remain open and usable to traffic during work operations by maintaining a minimum of one lane clear obstructions. The Contractor will provide flagmen as required to control traffic through the site. When not in use, equipment and machinery shall be removed from the street and out of the flow of traffic. Contractor shall provide (1) flagperson per intersection during all liming operations to stop all vehicular and pedestrian traffic from entering project area until work is completed. If any street is required to be closed on Saturday or Sunday, any legal city holiday, or on weekdays between the hours of 5:00 p.m. and 8:00 a.m., permission must be obtained in advance from the Engineer and all proper entities must be notified by the Contractor. Traffic control and street name signs shall not be torn down, covered or otherwise removed from the clear view of the driver or pedestrian. Restricted work hours and limited operations may be required on other thoroughfares and collector streets as directed by the Engineer. Nighttime, weekend and holiday work at any location requires specific approval in advance by the Engineer. 2.07 ADVANCE NOTICE OF CONSTRUCTION OPERATIONS: The Contractor will be required to distribute advance notices of proposed construction/improvements. These notices will be furnished by the City and will take the form of door -hangers. They must be distributed 48 hours in advance of scheduled operations and will be hand delivered and placed in an obvious location at each separate building or dwelling on the street. They will not be placed in mail boxes. No phase of construction/improvement may start until advance notices have been distributed. THE CONTRACTOR WILL BE REQUIRED AND IS RESPONSIBLE TO PUBLISH IN THE ANNA-MELISSA TRIBUNE (903) 482-5253, 48 HOURS IN ADVANCE ANY SCHEDULED OPERATIONS OF STREETS THAT WILL HAVE CONSTRUCTION/ IMPROVEMENTS. A COPY OF THE NEWSPAPER ARTICLE WITH THE PUBLISHED STREETS WILL BE FURNISHED TO THE ENGINEER ON REQUEST. THE COST WILL BE PAID BY THE CONTRACTOR. The Contractor will be expected to make every diligent effort to prevent parking of vehicles on the street which may conflict with his construction operations. Technical Specifications 117 No additional compensation will be paid for this item but the cost shall be included in such pay items as are provided in the proposal. 2.08 PAYMENT OF TESTING: Testing of Materials -Samples of materials for testing shall be taken by, and at the discretion of the City. The initial testing of any sample material shall be made at the expense of the City. In the event the initial testing does not comply with the specifications, all subsequent testing to determine acceptability of the same or replacement material will be conducted by the City secured laboratory at the Contractor's expense. All additional coring or concrete breaks must be done on or before the twenty-eighth (28) day after the material is placed. 2.09 VEGETATION MANAGEMENT: Construction Methods - It shall be the Contractor's responsibility to blade all grass out of the roadway area. All deleterious material shall be removed before spraying. The affected area shall be sprayed with Round Up (41%) herbicide, a product of the Monsantos Corporation or equal. The edge of the streets and other areas will be sprayed for at least a three (3) foot width or as directed by the Engineer. Herbicide will be sprayed before the asphalt is installed. The City of Anna will not be responsible for losses or damage resulting from the use of this product in any manner not specifically recommended by PBI/Gordon. The Contractor assumes all risks associated with such non -recommended use. 2.10 UNCLASSIFIED EXCAVATION: A. Description - Prior to the actual surface treatment, it will be the Contractor's responsibility to grade areas on or adjacent to the roadways to ensure adequate surface drainage as directed by the Engineer. B. Measurement and Payment - There will be no additional compensation for this work. It will be subsidiary to all other pay items, unless otherwise noted. 2.11 REINFORCED PORTLAND CEMENT CONCRETE PAYMENTS: Ail Reinforced Portland Cement Concrete Pavements shall be provided in accordance with TxDOT Item 360. 2.12 MATERIALS AND EQUIPMENT: The Contractor shall be free to secure the approved materials, equipment and articles from sources of his own selection. However, if the Owner finds that the work shall be delayed or adversely affected in any way because a selected source of supply cannot furnish a uniform product in sufficient quantity and at the time required and a suitable source does exist, or the product is not suitable for the work, the Owner shall have the right to require the original source of supply changed by the Contractor. The Contractor shall have no claim for extra cost or damage because of this requirement. The Contractor warrants to the Owner that all materials and equipment furnished under this Contract Agreement shall be new unless otherwise specified in the contract documents; and that same shall be of good quality and workmanship, free from faults and defects and in conformance with the contract documents. All materials and equipment not conforming to these requirements, including substitutions and not properly approved and authorized, may be considered defective, and shall be promptly repaired or replaced by the Contractor at the Contractor's sole cost upon demand of Technical Specifications 118 the Owner. If required by the Owner, the Contractor shall furnish evidence as to the kind and quality of materials and equipment. 2.13 WORKMANSHIP: The Contractor shall furnish the Owner with every reasonable facility for ascertaining whether or not the work performed was in accordance with the requirements and intent of the plans and specifications. Any work done (except excavation) or materials used without suitable inspection by the Owner may be ordered removed and replaced at the Contractor's expense. The Contractor shall promptly correct or replace all work rejected by the Owner as defective or as failing to conform to the contract documents whether observed before or after substantial completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected work, including costs incurred for additional services necessary thereby. 2.14 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work which has been rejected or condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be removed and replaced at the Contractor's expense. Defective materials shall be immediately removed from the site of the work. Upon failure of the Contractor to repair satisfactorily or to remove and replace, if so directed, rejected, unauthorized or condemned work or materials, immediately after receiving notice to the Owner, the Owner shall, after giving written notice to the Contractor, have the authority to cause defective work to be remedied or removed and replaced, or to cause unauthorized work to be removed and to deduct the cost thereof from any monies due or to become due the Contractor. Alternatively, the Owner may, at its option, declare the Contractor in default, in which event the performance bond surety shall complete the contract. Technical Specifications 119 2.15 REFERENCED SPECIFICATIONS The GOVERNINQ SPECIFICATIONS FOR MATERIALS AND CONSTRUCTION METHODS shall be performed In accordance with the Standard Specifications for Public Works Construction - North Central Texas. Latest Edition, except where noted otherwise in the City of Anna's supplemental "Special Provisions" and the Technical Specifications included in these Specifications and Contract Documents. NOTE: The " symbol specifies that this item is also covered in the City of Anna's "Special Provisions" to the "Standard Specifications for Public Works Construction, North Central Texas". These Special Provisions are additional and modify the "Standard Specifications". Item N Sub ect DIVISION 200 — SITE PROTECTION & PREPARATION 201. Temporary Erosion, Sedimentation & Water Pollution Prevention & Control 201.1. Description 201.2. Items of Work and Materials 201.3. Pre -construction Submittals 201.4. Construction Requirements 201.5. Sill Fence 201.6. Interceptor Swale 201.7. Diversion Dike 201.8. Triangular Sediment Filter Dike 201.9. Check Dam (Rock) 201.10. Check Dam (Sand Bag) 201.11. Stabilized Construction Entrance 201.12. Stone Outlet Sediment Trap 201.13, Pipe Slope Drain 201.14. Inlet Protection 201.15. Erosion Control Blankets 201.16.' Mulching 201.17. Measurement and Payment 202. Landscaping 202.1. Removal, Protection & Replacement of Trees, Shrubbery, Plants, Sod, and Other Vegetation 202.2. Topsoil 202.3. Soil Amendments 202.4. Fertilizer 202.5. Sodding 202.6.` Seeding Turf -grass 202.7. Rejection 203. Site Preparation 203.1. Determining Location & Protection of Existing .Structures and Utilities 203.2. Maintenance of Streets During Construction 203.3. General Site Preparation 203.4. Unclassified Street Excavation 203.5. Unclassified Channel Excavation 203S. Borrow 203.7.' Embankment 203.8. Dust Control Item M Sub ect DIVISION 300 ROADWAY CONSTRUCTION 301. Subgrade, Subbase & Base Preparation 301.1. General 301.2.* Llme Treatment 301.3.' Portland Cement Treatment 301.4. Asphalt Emulsion Treatment 301.5. Flexible Sub -base or Base (Crushed Stone / Concrete) 301.6. Geo-textiles Used in Paving Applications 302. Asphalt Pavement 302.1. Description 302.2.' Aggregates for Hot -Mix Asphalt Pavement 302.3. Bituminous Materials 302.4. Fibrous Reinforcement for Asphalt 302.5. Storage, Healing & Application Temperature of Bituminous Materials 302.6. Emulsified Asphalt Treatment 302.7. Prime Coat 302.8. Asphalt Base Course 302.9. Hot -Mix Asphalt Pavement 302.10. Measurement and Payment 303.• Portland Cement Concrete Pavement 303.1 Description 303.2.' Portland Cement Concrete Pavement Materials 303.3. Mix Design and Mixing Concrete 303.4. Equipment 303.5. Construction Methods 303.6. Alley Paving 303.7. Pavement Leave -outs 303.8.' Pavement Testing and Evaluation 303.9. Measurement and Payment 304. PAVING UNITS 304.1. Solid Concrete Interlocking Paving Units 305. Miscellaneous Roadway Construction 305,1.' Concrete Curb and Gutter 305.2.' Concrete Sidewalks, Driveway Approaches, and Barrier Free Ramps 305.3. Concrete Medians 305.4. Reinforced Concrete Headers Technical Specifications 120 Item # Sub ect DIVISION 400 —ROADWAY MAINTENANCE & REHABILITATION 401. Crack Sealing 401.1. General 401.2. Materials 401.3. Methods 402. PAVEMENT CUT, EXCAVATION, AND REPAIR 402.1. General Requirements 402.2. Minimum Size of Repair 402.3. Sawing 402.4. Replacing Paved Surfaces 403. Asphaltic Pavement Repair 403.1. Description 403.2. Materials and Mixing 403.3. Methods 403.4. Measurement and Payment 404. SURFACE TREATMENT 404.1. Description 404.2. General 404.3. Slurry Seals and Micro-(Re)Surfacing 404.4. Bituminous Surface Treatment (Chip Sea]) 405. Ultra -Thin Concrete Paving (WhlteTopping) 405A. Description 405.2. Materials 405.3. Construction Methods 405.4. Measurement 405.5. Payment DIVISION 500—UNDERGROUND CONSTRUCTION & APPURTENANCES 501.• Underground Conduit Materials 501.1. General 501.2. Clay Wastewater Pipe 501.3. Vitrified Clay Pipe for Micro -tunneling, Slip -lining, Pipe Bursting, and Tunnels 501.4.' Concrete Pressure Pipe and Fillings 501.5.' Reinforced Concrete Wastewater Pipe with Rubber Gasket Joints 501.6. Reinforced Concrete Culvert, Storm Drain, Pipe and Box Section 501.7.' Ductile -Iron Pressure Pipe and Fittings 501.8. Ductile -Iron Pipe for Pipe Rehabilitation 501.9.' Steel Pipe and Fittings 501.10. Seamless Copper Tubing 501.11. Corrugated Metal Pipe or Arch Shapes 501.12. Structural Plate Structures 501.13. Tunnel Liner Plates 501.14. Polyvinyl Chloride (PVC) Water Pipe 601.15. Polyvinyl Chloride (PVC) Pressure -Rated Pipe (SDR Series) 501.16. Molecularly Oriented Polyvinyl Chloride (PVCO) Water Pipe Item # Sub ect 501.17. Polyvinyl Chloride (PVC) Wastewater Pipe & Fittings with Dimension Control 501.18. Polyvinyl Chloride (PVC) Profile Gravity Wastewater Pipe and Fittings — For Direct Bury and Slip -lining Applications 601.19. PVC Composite Pipe for Wastewater Conduits 501.20. Polyvinyl Chloride (PVC) Corrugated Storm Water Pipe with Smooth Interior and Fittings 501.21. Solid Wall Polyethylene Plastic Pipe for Water, Wastewater, and Pipe Rehabilitation 501.22. Polyethylene (PE) Large Diameter Wastewater Pipe with Modified Wall Profiles & Performance Standards 501.23. Polyethylene (PE) Corrugated Drainage Tubing and Corrugated Smooth Lined Storm Water Pipe and Fittings 501.24. Fiberglass (Glass -Fiber -Reinforced Thermosetting -Resin) Wastewater Pipe 502. Appurtenances 502.1. Manholes 502.2. Wastewater Main Cleanouts 502.3.' Fire Hydrants 502.4. Thrust Restraint 502.5. Fillings 502.6' Valves 502.7. Performed Flexible Conduit Joint Sealant 502.8. Polyethylene Wrap For Metal Pipe Fittings 502.9. Corrosion -Resistant Coatings and Liners for Wastewater Conduit and Appurtenances 502.10. Connections To Conduit For Service 502.11. Miscellaneous Conduit Connections 502.12. Structures 503. Trenchless Installation 503.1. Conduit Materials 503.2. Tunnel/Chasing Pipe Spacers 503.3. Methods of Jacking, Boring or Tunneling 503.4. Measurement and Payment 504. Open Cut—Backfill 504.1. General 604.2. Materials 504.3.' Excavation and Foundation 504.4.' Backfill-General Requirements 504.5 Embedment 604.6. Final Backfill 504.7. Measurement and Payment of Backfill 505. Open Cut —General Conduit Installation 505.1. General 505.2. General Installation Requirements for Pipe Types 506.' Open Cut— Water Conduit Installation 506.1. Description 506.2. Materials Technical Specifications 121 Item N Subiect 506.3. Laying Water Conduit 506.4. Pipe Joints 506.5. Hydrostatic Test 506.6. Connections to Existing Water Conduits 606.7. Purging and Disinfection of Water Conduits 506.8. Plugs 506.9. Measurements and Payment 507. Open Cut — Wastewater Conduit Installation 507.1. Description 507.2. Materials 507.3. Laying Wastewater Conduit 507.4. Wastewater Conduit Joints 507.5. Test and Inspections 507.6. Measurement and Payment for Wastewater Conduit Installation 508. Open Cut —Storm Water Conduit Installation 508.1. Description 508.2. General 508.3. Reinforced Concrete Pipe for Storm Water 508.4. Corrugated Metal Pipe 608.5. Structural Plate Conduit 508.6. Measurement and Payment for Storm Water Conduit Installation 509. Crossings 509.1. General 509.2. Slate Highway Crossings 509.3. Street and Alley Crossings 509.4. Railroad Crossings 509.5. Creek and River Crossings 509.6. Measurement and Payment of Crossings DIVISION 600 CONDUIT & APPURTENANCES REHABILITATION 601. Pipeline Rehabilitation 601.1. Description 601.2. General 601.3. General Materials 601.4. General Methods 601.5. PVC Expanded -In -Place (Fold -in -Form) 601.6. Polyethylene (PE) Expanded -in -Place (Deform Reform) 601.7. Cured -In -Place Pipe Liner (CIPP Liner) 601.8. Pipe Bursting With Polyethylene 601.9. Pipe Bursting With Rigid Pipe 601.10. Polyvinyl Chloride (PVC) Profile Gravity Liner Pipe (Segmental Sliplining) 601.11. Measurement and Payment 602. Rehabilitation of Manholes or Underground Vaults 602.1. General 602.2. Submittals 602.3. Quality Assurance Item # Sub ect 602.4. Delivery, Storage and Handling 602.5. Rehabilitation 602.7. Inspection and Testing 6012.8. Measurement and Payment 603. Abatement of Coatings Containing Heavy Metals 603.1. General 603.2. Job Plan 603.3. Testing 603.4. Monitoring 603.5. protection 603.6. Lead -Based Coating Removal 603.7. Lead -Based Coating Encapsulation 603.8. Clean -Up and Disposal 603.9. Payment DIVISION 700 -STRUCTURES 701. General Structures 701.1. Structural Wood Products 701.2. Structural Excavation 701.3. Structural Bolting 702. Concrete Structures 702.1. Concrete Structure Materials 702.2. Mix Design and Mixing Concrete for Structures 702.3. Mix Design & Mixing Lightweight Concrete for Structures 702.4. Constructing Concrete Structures 702.6. Pre -stressed Concrete for Structures 702.6. Pneumatically Placed Concrete (Gunile) 702.7. Drilled Shaft Foundations 702.8. Pre -cast and Cast -In -Place Concrete Units 703. Steel Structures 703.1. Description 703.2. Materials for Steal Structures 703.3. Steel Structure Construction 703.4. Painting Metal Structures 703.5. Measurement and Payment 704. Piling 704.1. Piling Materials 704.2. Driving Piling 704.3. Penetration 704.4. Bearing Resistance 704.5. Constructing Cast -In -Place, Pre -Stressed Concrete Piling 704.6. Measurement and Payment DIVISION 800 MISCELLANEOUS CONSTRUCTION & MATERIALS 801. Barriers, Warning & Detour Signs, & Fences 801.1. Barriers and Warning and/or Detour Signs 801.2. Metal Beam Guard Fence 801.3.• Railing Technical Specillcations 122 ITEM 203.3 GENERAL SITE PREPARATION 203.3.2 Construction Methods Add the following: Unless otherwise approved in writing by the City of Anna, where excavation to grade established in the field by the Owner terminates in loose or solid rock, the Contractor shall excavate 6-inches below the required subgrade elevations for the entire roadbed width and shall backfill with suitable selected materials as indicated on the plans. Suitable selected material shall include lime treated subgrade or a base material having a plasticity, index not greater than 12. Payment for such work will be made under the items of unclassified street excavation, lime treated subgrade and hydrated lime. The 6- inch lime treated subgrade or base shall be compacted to 95% density. ITEM 203.7 EMBANKMENT 203.7.2 Construction Methods Add the following paragraph: Excavated material from the channel which is used as embankment to complete the established alignment, grade and cross-section of the channel shall be compacted to 95% density. 203.7.3 Density Add: Embankment in the City of Anna shall be compacted to not less than 95% of the maximum density. DIVISION 300 — ROADWAY CONSTRUCTION ITEM 301 SUBGRADE, SUB -BASE & BASE PREPARATION 301.1 General Construction Methods Add the following: Prior to final compaction of subgrade, samples of the subgrade material shall be collected by a testing laboratory approved by the City, and laboratory tests made to determine the amount of lime required. The application rate for hydrated lime shall be selected to obtain at least the optimum lime percentage indicated by test method ASTM C977-83a, Appendix XI; however, not less than 27 lbs. per S.Y. shall be applied. A Geotechnical Engineer's report reflecting the recommended application rate and including supporting test data shall be submitted in writing to the City, for approval prior to beginning any lime treatment. Laboratory test may be waived provided a minimum of 36 lbs. per S.Y. is applied. ITEM 301.2 LIME TREATMENT (Add the following) The lime treated subgrade shall be moist cured until covered by other base or pavement up to fourteen (14) days after final compaction. After 14 days without covering an application of 0.10 to 0.20 gallons per square yard emulsified asphalt shall be applied at the Contractor's expense. Reapplication of emulsified asphalt may be required if lime treated subgrade is not covered shortly after first application. Lime treated subgrade may 301.2.1.2 Quicklime (dry) shall not be used in the construction of roadway work in the City. Technical Specifications 123 ITEM 301.3 PORTLAND CEMENT TREATMENT Add the following: Portland cement modification of subgrade soils is not approved in Anna. Subgrade soils means natural ground or embankment encountered in the construction. ITEM 301.5 FLEXIBLE SUB -BASE OR BASE (CRUSHED STONE / CONCRETE) General: Add the sentence: No local limestone material shall be used as flexible base (crushed limestone) on Anna paving projects, unless. otherwise shown on the plans. ITEM302 ASPHALT PAVEMENT ITEM 302.2 AGGREGATE FOR HOT -MIX ASPHALT PAVEMENT Central Mixing Plant Add the following: When a fly ash admixture is used with Type I cement in the production of Portland cement concrete, separate silos shall be provided for fly ash and cement and provisions shall be made for individual measurements. Finishing Add the following: The finished concrete pavement construction under these specifications is expected to meet certain quality standards for surface of the concrete including the durability, texture, riding surface and appearance. The surface must be durable, firm, dense and well bonded to the aggregate to maintain an appearance and texture which is satisfactory to the Owner. Concrete pavement having a poor surface which has spalled (exposed aggregate) due to poor quality paste, high water -cement ratio, over -vibration, improper curing, extreme weather or any other reason, or does not have a satisfactory riding surface shall be removed and replaced at the Contractor's expense. It is extremely • Machine Finishing Machine finishing of pavement shall include the use of power -driven spreaders, reciprocating type power -driven vibrators, power -driven transverse strike -off, and screed. The concrete pavement shall be consolidated by a reciprocating type mechanical vibrator. As soon as the concrete has been spread between the forms, the mechanical vibrator shall be operated to consolidate the concrete and remove all voids. Hand manipulated vibrators shall be used for areas not covered by the mechanical vibratory unit. The transverse finishing machine shall first be operated to compact and finish the pavement to the required section and grade, without surface voids. The machine shall be operated over each area as many times and at such intervals as directed. At least two trips will be required and the last trip over a given area shall be a continuous run of not less than 40 feet. After completion of finishing with the transverse finishing machine a transverse drag float may be used. After the floating has been completed and the excess water removed, but while the concrete is still plastic, the surface of the concrete shall be tested for trueness with an approved 10-foot steel straightedge furnished by the Contractor. The straightedge shall be operated from the side of the pavement, placed parallel to the pavement centerline and passed across the slab to reveal any high sports or depressions. The straightedge shall be advanced along the pavement in successive stages of not more ethnical Specifications 124 than one-half its length. Practically perfect contact of the straightedge with surface will be required, and the pavement shall be leveled to this condition, in order to insure conformity with the surface test required below after the pavement has fully hardened and to insure a smooth rideable surface. Any correction of the surface required shall be accomplished by adding concrete if required and by operating the longitudinal float over the area. The surface test with the straightedge shall then be repeated. After completion of the straightedge testing and surface correction the surface of the pavement shall be finished by an approved method. Methods available for pavement surface finish including a burlap drag finish, a broom finish or a belt finish. Unless otherwise shown on the plans, the pavement surface shall be finished with the burlap drag. a. Burlap Drao Finish If the surface texture is to be a drag finish, a drag shall be used; it shall consist of a seamless strip of damp burlap or cotton fabric, and it shall produce a uniform surface of gritty texture after dragging it longitudinally along the full width of pavement For pavement 16 feet or more in width, the drag shall be mounted on a bridge which travels on the fors. The diameter of the drag shall be such that a strip of burlap or fabric at least 3 feet wide is in contact with the full width of pavement surface while the drag is used. The drag shall consist of not less than two layers of burlap with the bottom layer approximately 6 inches wider than the upper layer. The drag shall be maintained in such a condition that the resultant surface is of uniform appearance and reasonably free from gravels over 1/1 6-inch in depth. Drags shall be maintained clean and free from encrusted mortar. Drags that cannot be cleaned shall be discarded and new drags substituted. b. Broom Finish If the surface texture is to be broom finished, it shall be applied when the water sheen has practically disappeared. The broom shall be drawn from the. center to the edge of the pavement with adjacent strokes slightly overlapping. The broom operation shall be so executed that the corrugation. produced in the surface shall be uniform in appearance and not more than 1/1 6-inch in depth. Brooming shall be completed before the concrete is in such condition that the surface will be torn or unduly roughened by the operation. The surface thus finished shall be free from rough and porous areas, irregularities, and depressions resulting from improper handling of the broom. Brooms shall be of the quality, size, and construction and shall be operated to produce a surface finish meeting the approval of the Owner. Subject to the approval of the Owner, the Contractor may be permitted to substitute mechanical brooming in lieu of the manual brooming as herein described. c. Belt Finish If the surface texture is to be belt finish, when straightedging is completed and after sheen has practically disappeared and just before the concrete becomes non -plastic, the surface shall be belted with a 2-ply canvas belt not less than 8 inches wide and at least 3 feet longer than the pavement width. Hand belts shall have suitable handles to permit controlled, uniform manipulation. The belt shall be operated with short strokes transverse to the centerline and with a rapid advance parallel to the centerline. • Hand Finishing Hand finishing of concrete pavement will be' permitted in areas where it is not practical or possible to construct with finishing machines. These areas include, but are not Technical Specifications 125 limited to, intersections, left turn, lanes, crossovers, transition areas and where the pavement width is not uniform. In all hand finished areas. one-half ('/2) extra sack of cement per cubic yard of concrete shall be used in the mix. In hand finished areas, the concrete shall be struck off with an approved strike -off screed to such elevation that when consolidated and finished the surface of the pavement shall conform to the required section and grade. The strike template shall be moved forward with a combined transverse and longitudinal motion in the direction the work is progressing, maintaining a slight excess of material in front of the cutting edge. The concrete shall then be tamped with an approved tamping template to compact the concrete thoroughly and eliminate surface voids and the surface screeded to required section. After completion of a strike -off, consolidation and transverse screeding, a hand - operated longitudinal float shall be operated to test and level the surface to the required grade. Workmen shall operate the float from approved bridges riding on the forms and spanning the pavement, The longitudinal float shall be held in contact with the surface and parallel to the centerline and operated with short longitudinal strokes while being passed from one side of the pavement to the other. If contact with the pavement is not made at all points, additional concrete shall be placed, if required, and screeded, and the float shall be used to produce a satisfactory surface. Care shall be exercised to keep the ends of the float from digging into the surface of the pavement. After a section has been smoothed so that the float maintains contact with the surface at all points in being passed from one side to the other, the bridges may be moved forward half the length of the float and the operation repeated. Other operations and surfaces tests shall be as required for machine finishing. Edwina at Forms and Joints After the final finish, but before the concrete has taken its initial set, the edges of the pavement along each side of each slab, and on each side of transverse expansion joints, formed joints, transverse construction joints, and emergency construction joints shall be worked with an approved tool and rounded to the radius required by the plans. A well-defined and continuous radius shall be produced and a smooth, dense mortar finish obtained. The surface of the slab shall not be unduly disturbed by tilting of the tool during use. At all joints, any tool marks appearing on the slap adjacent to the joints shall be eliminated by brooming the surface. In doing this, the rounding of the edge shall not be disturbed. All concrete on top of the joint filler shall be completely removed. All joint shall be tested with a straightedge before the concrete has set, and correction shall be made if one side of the joint is higher than the other or if they are higher or lower than the adjacent slabs. ITEM 303 PORTLAND CEMENT CONCRETE PAVEMENT ITEM 303.8 PAVEMENT TESTING AND EVALUATION 303.8.2 Pavement Thickness Test Delete in its entirety and substitute therefore the following: Upon completion of the work and before final acceptance and final payment shall be made, pavement thickness tests shall be made by the Contractor. Tests shall be made at 400-foot spacings along the length of the pavement. In the event a deficiency in the thickness of pavement is revealed, two (2) subsequent sets necessary to isolate the deficiency shall be made - one at a jointed section prior Technical Specifications 126 ITEM 305 ITEM 305.1 to the deficient station and one at a jointed section following the deficient station. Additional tests shall be obtained as necessary, at jointed section intervals to isolate the deficient area. Removal and replacement of concrete shall extend to joint boundaries, the full width of pavement section. If the average thickness of pavement in a particular section is less than called for on the plans, the pavement section shall be removed and replaced with the correct thickness, extending to joint boundaries, the full width of the pavement section, at the Contractors entire expense. No additional payment over the contract unit price shall be made for any pavement of a thickness exceeding that required on the plans. 303.8.3 Pavement Strength Test Revise the first paragraph to read: During the progress of the work, the Inspector or a commercial laboratory shall cast test cylinders or beams to maintain a check on the strengths of the concrete being placed. Add the following sentence and table: A table titled "PAVEMENT STRENGTH REQUIREMENTS", is provided showing the required pavement thickness, 7-day strength, 28-day strength, minimum cement factor and maximum slump for each street type to be constructed in Anna. Requirements for high strength pavement and less thickness is also shown if required by the City. Add to the 5th paragraph: Test cores shall be obtained within five (5) working days after the 28-day test results have been provided by the commercial laboratory. All test cores shall be obtained by a commercial laboratory, at the Contractors expense. One (1) core shall be obtained in the immediate area of the deficiency and two (2) additional cores shall be obtained - one at a jointed section prior to the deficient station and one at a jointed section following the deficient station. Additional cores shall be obtained as necessary, at jointed section intervals to isolate the deficient area. Removal and replacement of concrete shall extend to joint boundaries, the full width of pavement section. Amend the 2nd paragraph on Page 217 to read "Pavement not meeting the minimum specified 28-day strength after cores have been tested shall be removed and replaced at the Contractors expense." Delete the table and the paragraph below it. PAVEMENT STRENGTH REQUIREMENTS Item Street Width Thick- Compr. Strength Mm. Max. No. Street Tvne IF-Fl ness 7-Dav, 28-Dav Cement SlumD Principal Arterial, Minor 1. Arterial 2-33' & 2-24' 8" 2940 4,000 6.5 3" Collector (including office 2. and comm. Street) 44' to 36' 8- 2500 4,000 6.0. 3" 3. Residential • 28' 6" 2600 4,000 6.0 3" MISCELLANEOUS ROADWAY CONSTRUCTION CONCRETE CURB AND GUTTER 305.1.3.2 Reinforcing Steel All bars at splices shall be lapped a minimum of 30 diameters of the bar or 12-inches, whichever is greater. Technical specifications 127 ITEM 305.2 CONCRETE SIDEWALKS DRIVEWAY APPROACHES & BARRIER FREE RAMPS 305.2.2.2 Reinforcement Revise the first sentence to read: Driveway approaches and walk reinforcing shall be No. 3 bars on 24-inch centers. 305.2.3 Construction Methods General: Add to end of first paragraph: The drive approach shall have a minimum thickness equal to the thickness of the adjacent street or 6 inches, whichever is greater. 305.2.3.7 Joints Revise second sentence to read: Expansion joints shall be placed in the sidewalk at 20-foot intervals or as otherwise specified by the Owner. DIVISION 400 — ROADWAY MAINTENANCE AND REHABILITATION DIVISION 500 UNDERGROUND CONSTRUCTION & APPURTENANCES ITEM 501 UNDERGROUND CONDUIT MATERIALS ITEM 501.4 CONCRETE PRESSURE PIPE AND FITTINGS C302 Reinforced Concrete Pressure Pipe, Non Cylinder Type, for Water and Other Liquids, and C300 Reinforced Concrete Pressure Pipe, Steel Cylinder Type, for Water and Other Liquids are not approved for use in the City, unless otherwise shown in the plans or approved in writing. Reinforced concrete cylinder pipe in sizes 16 inches through 21 inches shall be Pretensioned Pipe Type C303. For pipe 42 inches in diameter and above the pipe shall be Prestressed Pipe Type C301. Between 24 inches and 36 inches the pipe furnished may be either type. All pipe shall be designed to withstand the working pressure and external load as shown in the plans. ITEM 501.5 REINFORCE CONCRETE WASTEWATER PIPE WITH RUBBER GASKET JOINTS ASTM Designation C76 and shall be of the Thick Wall Pipe design with aggregates consisting of limestone aggregate in the proportion of at least 75 percent by weight of the total aggregates, unless otherwise provided in the Special Conditions to the Specifications. ITEM 501.9 STEEL PIPE AND FITTINGS 501.9.2 Applicable Standard Specifications (Add the following) Contractor shall, submit a written certification that the pipe has been manufactured and tested in accordance with the applicable standards. The pipe shall be manufactured, fabricated, coated and lined by a single manufacture being a certified member in good standing of the Steel Plate Fabricators Association (SPFA). Technical Specifications 128 501.9.3 Pipe and Fittina Requirements Substitute the following for the sentence following (2) Wall Thickness: All steel pipe to be furnished for this project shall be designed in accordance with AWWA MI 1 for the most critical application of internal pressures and external loads. The following design conditions shall apply: Internal Pressure (Design to account for working and surge together) 1) Working Pressure d 200 psi 2) Surge allowance of 250 psi External Loading for Buried Pipe 1) External loads shall be comprised of the weight of the backfill together with live and' impact loads. Earth loads shall be calculated based on ditch and positive projecting conduit. The earth load for the pipe design shall be the greater of the above two conditions. 2) External live loads shall be at least equivalent to AASHTO HS-20 loading. 3) Modulus of soil reaction (E') < 1000 psi 4) Unit weight of fill (w)> 120 pcf 5) Deflection lag factor (DI) (1.0) 6) Bedding constant (K) = 0.100 7) hw = h = depth of cover above top of pipe 8) Maximum deflection in percent of pipe diameter 'shall be ad determined by AWWA MI 1, latest edition, as calculated using moment of inertia of steel cross section of pipe wall. Moment of inertia of cement mortar shall not be included in calculation of maximum deflection. Available Deflections Mortar -lined and coated = 2 percent of pipe diameter Maximum Workino Stress The maximum combined stress based on working pressure shall be no greater than 50 percent of the minimum yield strength or 18,000 psi, whichever is less. The maximum combined stress based on test pressure shall be no greater than 75 percent of the minimum yield strength or 24,000 psi, whichever Is less. 501.9.4 Joints: Add the following: In general, pipe joints shall be as follows, as indicated on the Drawings or as specified. 1) Flanged joints shall be provided as a minimum at all flanged valves, meters and other equipment. a. Flanges: Unless otherwise noted, flanges shall conform to the requirements of AWWA C207, Table D, E or F as required. b. Flange Bolts and Nuts: Shall be furnished in size and numbers stipulated in AWWA C207. Unless otherwise indicated, bolts shall be carbon steel to meet the requirements of ASTM Designation A307, Grade B for regular joints. Technical Specifications 129 2) Restrained Lap -Welded slip joints (expanded bell) with a single fillet weld 3) Carnegie -Shape Rubber Gasket Joint: Bell and spigot rubber gasket joint will be furnished with the bell end of the pipe mechanically expanded to the required internal diameter and the spigot end furnished as a sized Carnegie shape welded to the opposite end of the pipe. The expanded bell and Carnegie spigot shall be designed such that when the pipe is laid and jointed, it will be self-centered, and the 0-ring rubber gasket will be enclosed tightly on all four sides and confined under compression adequate to ensure watertightness. Gaskets to be full -face for use with flat face flanges and ring type for use with raised face flanges. Gasket material for water service pipe shall be cloth inserted rubber sheet, 1/8-inch thick or red rubber, ASTM D1330, Grade 1. Gasket material for air piping shall be as above, but of EPDM. 4) Mechanical Couplings: Mechanical couplings designed to provide a stress relieving flexible joint shall consist of a cylindrical sleeve, two gaskets, two follower rings and a set of bolts and nuts. a. Sleeves: Manufactured of ASTM A53 steel, for sizes 10-inches and smaller. ASTM A36 steel for sizes 12-inches and larger. Minimum sleeve length shall be five inches for pipe 12-inches and smaller, 7- inches for pipe 14-inches through 24-inches, and 10-inches for pipe larger than 24-inches. b. Follower Rings: Ductile Iron ASTM A536 or AISI Cl 020 Steel. c. Bolts and Nuts: High strength low alloy steel with heavy semi -finished hexagon nuts. d. Gaskets: Shall be of synthetic rubber suitable for operating conditions. e. Shop Finish: Manufacturer's standard unless otherwise noted. Manufacturer: 'Baker 200, Dresser Style 39, Rockwell Series 411 or approved equal. ITEM 502.3 FIRE HYDRANTS 502.3.1 Materials All fire hydrants furnished shall conform strictly with the latest specification C- 502 of the American Water Works Association Standards for dry barrel fire hydrants and must comply with the following supplementary details and changes or addition, (a) Inlet Connection: Unless otherwise specified the inlet connection shall 'be a six (6) inch standard mechanical joint complete with all joint accessories. The inlet shoe shall be cast of the same or stronger metal than the lower barrel to prevent impact damage of the shoe. The interior of the shoe, including the lower valve plate and/or cap nut shall have a protective epoxy coating of at least 4 mils applied in the shop. If a cap nut is utilized it must be locked in place with a stainless steel lock washer or similar non- corrosive device and all machined surfaces must be protected from water Intrusion to prevent corrosion and assure ease of field teardown or maintenance. Technical Specifications 130 (b) Main Valve: The main valve shall be reversible compression type, closing with the pressure and shall be not less than 5-1/4" in diameter. Composition of the main valve shall be molded rubber or neoprene having a durometer hardness of 90 + 5 and shall be not less than 1" thick to protect against hydrant chatter and give long term durability. (c) Outlet Nozzles: All hydrants shall be "three way", equipped with two hose nozzles and one pumper nozzle. (d) Diameter Outlet Nozzles: The hydrant shall have two hose nozzles, two and one-half (2-1/2") inches nominal I.D., and one pumper nozzle four and one-half (4-112") inches nominal I.D. with Natural Standard Hose Threads. (a) Nozzle Attachment: All nozzles shall be mechanically connected into the barrel and have "0" Ring pressure seals to provide a positive seal between nozzles and hydrant barrel. A suitable nozzle lock shall be provided and shall be stainless steel or bronze. Nozzles shall not be caulked in. Nozzle caps shall be furnished with pentagon nut the same size as the operating nut. They shall be furnished with interior rubber gaskets that will seat against bronze nozzles. All caps shall be secured to hydrant barrel by heavy duty non -kinking chains with a chain loop on each cap that permits free turning of the cap, for speed and ease of removal by fire fighters. (f) Operating Nut: The operating nut shall be non -rising, pentagonal shape, measuring 1-1/8" at the top and 1-1/4" at the base from point to flat. Pentagon shall have a depth of at least one and one -quarter inch (1-1/4"). The hydrant shall be constructed in such a manner that the operating nut, "0" Rings and washers can be removed and replaced without removing the bonnet. All bearing surfaces of the operating nut shall be bronze. (g) Holddown Nut: Holddown nut must have intregal weather seal. Resilient seal between holddown nut and operating nut shall prevent debris entry to protect operating nut from damage. (h) Lubrication Reservoir: The hydrant shall have a completely "0" Ring sealed oil reservoir with a minimum of two (2) "0" Ring pressure seals to prevent contamination of the oil around the operating parts of the hydrant. The oil reservoir shall be cast in such a manner that all operating parts shall be repairable without removal of the bonnet to facilitate repairs and shall be of a design that all bearing surfaces and threaded parts will be automatically lubricated upon each operation of the hydrant. If bearing surfaces are not lubricated, the design shall keep operating friction to a minimum. A high wear resistant thermoset plastic anti -friction washer shall be in place above the thrust collar to minimize operation torque and facilitate long term ease of operation— The operating threads must be sealed against contact with water to all times regardless of open or closed position of main valve. The hydrant shall have the capability of field personnel to visually. check oil level and add additional oil if needed. Filler and inspection plug shall be recessed or flush type. (1) Traffic Feature: Hydrants shall be "traffic model' having upper and lower barrel joined approximately two inches (2") above the groundline by a breakable "swivel" flange providing 360 degree rotation of the upper barrel for nozzle positioning and must be capable of rotating barrel with line pressure on. The groundline shall not be less than eighteen inches (18") Technical Specifications below the centerline of the lowest nozzle and shall be clearly marked in a permanent manner on the lower barrel. A breakable stainless steel stem coupling shall join the two-piece stem adjacent to the ground line flange. Screws, clevis pins, fasteners or bolts used in the coupling shall be Series 300 stainless steel. The weakened portion of the stem coupling shall be located to divert pressure from the stem coupling directly to the upper and lower stems when torque is applied in seat ring removal. Design of the coupling shall be such that when the coupling is broken, no part of the coupling will shatter or come loose and fall into hydrant and the break will not occur through the pins or bolts holding the coupling to the stem. (j) Drain Valve Assembly: Hydrants shall be equipped with two drain valves which drain the.barrel when the hydrant is closed and seal shut when the hydrant is in the open position. The upper valve plate,' seat ring and drain ring (shoe bushing) must be bronze and work in conjunction to form an all bronze drainway. Upper valve plate if not bronze, must be epoxy coated. The bronze seat ring shall be a minimum 5-1W inside diameter and shall thread into a bronze drain ring forming an all bronze drainway with two (2) drain outlets for double protection against drain clogging and corrosive damage. All bronze components shall have less than 16% zinc alloy, Grade A to give high corrosion resistance as recommended 'in Section 2.1, Table I of American Water Works Association Standard C-502. Seat ring seals shall be "0" Rings. Hydrant shall be designed so that during opening and closing operation(s), water pressure force flushes the drain valve and drain openings to prevent clogging, thus allowing barrel drainage: (k) Repair: All internal operating .parts shall be removable from above ground level with a' lightweight stem wrench. (1) Provisions for Extension: All hydrants shall be capable of being extended to accommodate future grade changes without excavation. Extension of the hydrant shall be made by adding at the groundline flange a new coupling and stem section equal to the length of the extension. This must facilitate easy field grade adjustment. Stem extensions made by adding new section of stem to the threaded section of the stem at the top of the hydrant will not be' accepted. Extension kits must be available from manufacturer in six-inch (W) increments. (m) Pressure Loss and Working Pressure: Pressure loss through one (1) four and one-half inch (4-1/2") nozzle at 1000 GPM shall not be more than 5.0 psi. Technical Specificalions 132 ITEM 502.6 VALVES 502.6.2 Resilient -Sealed Gate Valves for Ordinary Water Works Service Unless otherwise approved in writing, all Gate Valves for direct buried service in the City's distribution system, 6 inches through 12 inches in diameter, shall be Resilient Seated Gate Valves that conform strictly with the latest specification C-509 of the American Water Works Association Standards and must comply with the following supplementary details, changes or additions. (a) Bodv: Gate valves shall be iron body designed for a working pressure of 250 psi. All valves shall be hydrostatically tested at 200 psi and shell tested at 500 psi. Any leakage during testing shall be cause for rejection. For ease of repair the body, bonnet and stuffing box shall be flanged together with ASTM Grade B bolls and nuts. Each valve shall have the maker's initials, pressure rating, and year in which manufactured cast in the body. (b) Stems: Stems shall be machined from manganese bronze rod with an integral forged thrust collar machined to size. The stems shall be non -rising and equipped for nut operation, which shall be opened by turning to the left. (c) Stem Seals: The seals shall consist of two "0" rings above and one "0" ring below the thrust collar. An anti -friction washer shall be located above and below the thrust collar for operating torque. (d) Stem Nut: The stem nut shall be ASTM'B-62 bronze. (a) Resilient Wedge: The wedge shall be cast iron, fully encapsulated in molded rubber complying with ASTM D2000. Wedge must have molded wedge guides preventing the disc from tilting downstream during operation. Protective guide cap bearings made of polymer bearing material to provide a bearing interface between the wedge guide and valve interior. (f) Paint and Protective Coatings: All valves furnished under these specifications shall be painted on the exterior as specified in AWWA C509 with asphalt varnish. All ferrous metal surfaces in the internal part of the valve shall be protected with a fusion epoxy coating 'to a nominal thickness of 10 mils for corrosion protection and shall be of a color that is easily identified as an epoxy coating. The proguard fusion epoxy coating shall fully comply with AWWA C550 .and certified NSF 61. The coating shall be 'non -toxic and shall not impart taste to water. The coating must be formulated from materials deemed acceptable per the Food & Drug Administration Document Title 21 of the Federal Regulations of Food Additives, Section 121.2514 entitled Resins and Polymeric Coatings. The coating shall 'have a satin finish and shall be suitable for field overcoating and touchup with the same coating' material without sanding or special surface preparation, or application of heat in excess of room temperature. (g) Experience and Certification: Valves, furnished under these specifications, shall be manufactured by a firm that has been producing valves of this general type continuously for. the past 'five (5) years. Each company or. Technical Specifications 133 manufacturer supplying valves under these specifications shall have on file, with the City of Anna, approved records of experience and detailed drawings of the proposed valves. Drawings shall cover the specific valve to be furnished for installation and shall show all dimensions including metal thickness, construction details and materials used in all parts of the valve together with ASTM Designation and Structural properties of these materials. The manufacturer shall furnish to the City of Anna, a Certification that the valve complies with the specifications without any exceptions. This certification shall apply to specific valves being installed within the City water distribution system. The certification shall state (1) the number of valves covered by the certifications, (2) the Addition where valves are being installed or the Project Name, and (3) name of Contractor installing valves. The City may require the Manufacturer, Supplier or Contractor to dismantle valves at any time to determine compliance with these specifications. Location of any valve within the City system, installed after adoption of these specifications, that does not meet the specifications completely shall be cause for prohibiting the future use of any valves from the same manufacturer. (h) Tapping Sleeves: The materials for tapping sleeve bodies shall be cast-iron or ductile -iron in accordance with AWWA Standard Cl 10 (ANSI 21.10), in two sections, or halves to be bolted together with high -strength, corrosion resistant, low alloy steel bolts conforming to AWWA Standard C111 (ANSI 21.11). Cast iron and ductile -iron sleeve shall be mechanical joint, or as specified, or dimensions to secure, proper fit on the type and class of pipe on which they are to be used. Each sleeve shall be furnished with a 318-inch test opening so that tests can' be made prior to tapping. Opening shall be provided with a 318-inch bronze plug. 502.6.5 Butterfly Valves (Add the Following) All Butterfly Valves for installation underground in the City's distribution system 16 inches through 48 inches shall be in accordance with this specification. All butterfly valves furnished shall conform strictly with the latest specification C- '504 of the American Water Works Association Standard for rubber -seated butterfly valves and must comply with the following supplementary details and changes or addition. (a) Bodv: The body shall be cast-iron ASTM A126, Class B and shall have face 'to face dimensions in accordance with' AWWA Standards for short body, Class '150-B. All butterfly valves shall have a floating body seat ring to compensate for change In direction of flow to assure bottle -tight seal in either direction. (b) Shaft: Valve shafts shall be an 18-8, Type 304 stainless steel. Valve disc and shaft shall be standard self-adjusting Chevron 'Y type packing. Shaft seals shall be of a design allowing replacement without removing the valve shaft. Technical Specificalions (c) Disc and Seat: The valve disc shall be cast iron ASTM A126, Class B. The valve seat shall be Buna-N located on the valve body. Valves 20" and smaller shall have a bonded seat that meets test procedures in ASTM D429, Method B. Valves 24" and larger shall be retained in the valve body' by mechanical means without the use of metal retainers or other devices located in the flow stream. (d) Operator: Butterfly valve operators shall be of the traveling nut design. All operators shall have adjustable mechanical stop limiting devices to prevent over travel of the disc. The operator shall have a mechanical stop which will withstand an Input torque of 450 Ft. lbs. against the stop. The traveling nut shall engage alignment grooves in the housing. (a) Operation: Unless otherwise shown in the plans, all valves shall open counter clockwise. (f) Valve Ends: Valve ends shall be Mechanical Joint End, or Flanged Ends. Mechanical joint valves shall come complete with bolts, nuts, gaskets and glands. It shall be the responsibility of the Contractor to coordinate the ends of the adjoining pipe with the type valve end he proposes to use. (g) Testing; All valves seats shall be tested at 150 psi as described in AWWA C-504 and in addition shall have a shell test of 300 psi. Any leakage shall be cause for rejection. (h) Paint and Protective Coatings: All butterfly 'valves furnished under these specifications shall be painted on exterior as specified in AWWA C-504, with asphalt varnish. All ferrous metal surfaces in the internal part of the valve shall be protected with a two-part thermoset epoxy coating to a nominal thickness of 4 mils for corrosion protection and shall be of a color that is easily identified as an epoxy coating. This shall be applied in shop. The thermoset epoxy coating shall be a two-part epoxy and shall function as a physical, chemical and electrical barrier between the base metal to which it is applied and the surroundings. The coating shall be non -toxic and shall not impart taste to water. The coating must be formulated from materials deemed acceptable per the Food & Drug Administration Document Title 21 of the Federal Regulations of Food Additives, Section 121 .2514 entitled Resins & Polymeric Coatings. The coating shall have a satin finish and' shall be suitable for field overcoating and touchup with the same coating material without sanding or special surface preparation, or application of heat in excess of room temperatures. (i) Experience and Certification: Butterfly valves, furnished under these specifications, shall be manufactured by a firm that has been producing valves of this general type continuously for the past five (6) years. Each company or manufacturer supplying valves under these specifications shall have on file, at the City of Anna, approved records of experience and detailed drawings of the proposed valves. Drawings shall cover the specific valve to be furnished for installation in the City of Anna and shall show all dimensions including metal thickness, construction details and materials used in all parts of the valve together with ASTM Designation and structural properties of these materials. Technical Specifications 135 The manufacturer shall furnish to the City, a Certification that the valve complies with the specifications without any exceptions. This certification shall apply to specific valve being installed with the City water distribution system. The certification shall state (1) the number of valves covered by the certification, (2) the Addition where valves are being installed or the Project Name and (3) name of Contractor installing valves. The City may require 'the Manufacturer, Supplier or Contractor to dismantle valves at any time to determine compliance with these specifications. Location of any valve with the City system, installed after adoption of these specifications, .that does not meet the specifications completely shall be cause for prohibiting the future use of any valves from the same manufacturer. ITEM 504 OPEN CUT - BACKFILL ITEM 504.2 MATERIALS 504.2.2.1 Add the following sentence: All stone used for pipe embedment shall be standard crushed rock -aggregate, Grade 4, unless otherwise approved in writing. ITEM 504.3 EXCAVATION AND FOUNDATION Prior to start of excavation the Contractor shall remove and stockpile the Topsoil and protect the Topsoil from contamination during construction. After the trench has been refilled, topsoil shall be replaced to the extent that rock, excavated from the trench, will be completely covered and the area is returned to its original condition, except that in cultivated areas a minimum of 12 inches of top soil shall be replaced. ITEM504.4 BACKFILL —GENERAL REQUIREMENTS The material used in the backfill shall be pulverized to the extent necessary to produce, a free flowing material free of clay balls larger than 6-inch diameter. ITEM 504.6 EMBEDMENT (Add the Following) Rock Cuttings or Sand will not be permitted in the pipe bedding for sanitary sewer or water lines in the City of Anna. 504.5.2.15 Class "H" Embedment: The embedment consists of a completely encased pipe with Standard Crushed Stone, Grade 4. Class "H"Embedment shall be used on the P.V.C. Sanitary Sewer Pipe installed within the City of Anna. After the trench has been cut to a depth below the barrel of the pipe a distance of 1f8 Bc (3 Inches minimum and 6 inches maximum), the bedding layer shall be brought to a point slightly above grade with compacted crushed stone. Bell holes shall be formed and the pipe laid and joined as specified. The stone shall be brought up in uniform layers of six inches to a point six inches over the top of the pipe when compacted. On PVC Pipe 18 inches through 27 inches in diameter the crushed stone shall be brought up in uniform layers to a point nine inches over the top of the pipe when compacted. Technical Specifications ITEM 506 OPEN CUT— WATER CONDUIT INSTALLATION 506.3 Laving Water Conduit Valves for installation in the City's distribution system shall be installed by direct burial as shown on the standard detail sheets and shall be provided with valve boxes for operation of the valve. 506.5 Hydrostatic Test: All hydrostatic tests shall be maintained over a period of not less than four hours. "Before being accepted, all ductile iron, C-900 PVC or concrete cylinder water mains shall be tested with a hydraulic test pressure of not less than four hours. Concrete pressure pipe shall be tested with a hydraulic test pressure of 120 percent of the design pressure. Steel pressure pipe shall be tested with a hydraulic test pressure not to exceed 150 percent and not less than 120 percent of the designed working pressure. The rate of leakage of all pipe tested shall not exceed the amounts shown in the tables titled "Hydrostatic Test-C-900 PVC, Steel or Ductile Iron Water Mains" or "Hydrostatic Test -Concrete Cylinder Water Mains". Water lines of material in combination shall be tested for the type of pipe (material) with the least stringent hydraulic test pressure and maintained over a period of not less than four hours." Technical Specifications 137 HYDROSTATIC TEST C-900 OR 905 PVC, STEEL OR DUCTILE -IRON WATER MAINS GALLONS ALLOWED L.F. Pipe Diameter Pipe 4" 6" 8" 10"' 12" :14" 16" 181. 201, 5 0.016 0.024 0.032 0.039 0.047 0.055 0.063 0.071 0.079 10 0.032 .. 0.047 0.063 _ 0.079 0.095 0.110 0.126 0,142 0.158 20 0.063 0.095 0.126 0,158 0.189 0.221 0.253 0.284 0.316' 30 0.095 0.142 0.189 0.237 0.284 0.331 0.379 0.426 0.473 40 0.126 0.189 0.253 0.316 0.379 0.442 0.505 0.568 0.631 50 0.158 0.239 0.316 0,395 0.473 0,552 0.631 0.710 0.789. 60 0.189 0.284 0.379 0.473 0.568 0.663 0.758 0.852 0.947 70 0.221 0.331 0.442 0.552 0.663 0.773 0.884 0.994 1.105 80 1 0.253 1 0.379 0.505 1 0.631 0.756 1 0.884 1.010 1 1,136 1.263 90 0.284 1 0.426 0.568 0.710 0.852 0.994 1.136 1.278 1.420 100 0.316 0.473 0.631 0.789 0.947 1.105 1.263 1.420 1.578 200 0.631 0.947 1.263 1.578 1.894 2.210 2.525 2.841 3.157 300 0.947 1A20 1.894 2.367 2.841 3.314 3.788 4,261 4.735 400 1.263 1.894 2.525 1 3.157 3.788 1 4.419 5.051' 1 5.682 6.313 500 1.578 .2.367 3.157 3.946 4.735 5.524 6.313 7.102 7.891 600 1.894 1 2.941 3.788 4.735 5.682 6.629 7.576 8.523 9.470 700 2.210 3.314 4.419 5.524 6.629 7.734 8.838 9,943 11.048 800 2.525 3.788 5.051 6.313 7.576 8.838 10.101 11.364 12.626 900 2.841 4.261 5.682 1 7.102 1 8.523 1 9.943 1 11.364 12.784 14.205 . 1000 3.157 4.735 6.313 1 7.891 1 9.470 1 11.048 1 12.626 14.205 15,783 Maximum allowable water loss in 4 hours at 180 pounds per square inch of pressure for a rate of 25. gallons per inch diameter of pipe per mile over a 24-hour period EQUATION THE ABOVE CHART IS BASED ON: Maximum Loss (Gal.) = 25 x Diameter of Pipe in Inches x L.F. of Pipe x 4 5280 24 Technical Specifications 138 HYDROSTATIC TEST CONCRETE CYLINDER WATER MAINS GALLONS ALLOWED L.F. Pi a Diameter Pie 4" 6" 8" 10" 12" 1 14" 16" 18" 20" 5 0.031 0.047 0.063 0.078 0.095 0.110 0.126 0.142 0.158 10 0.063 0.095 0.126 0.158 0.189 .0.221 0.253 0:284 0.315 20 0.126 0.189 0.253 0.316 0.379 0.442 0.505 0.568 0.631 30 0.188 0.204 0.379 0.473 0.568 0.663 0.758 0.852 0.947 40 0.253 0.379 0.505 0.631 0.758 0.884 1.010 1.136 1.263 50 0.316 0.473 0.631 0.789 0.947 1.105 1.263 1.420 1.578 60 0.379 0.668 0.758 0.947 1.136 .1.326 1.515 1.704 1.894 70 0.442 0.663 0.884 1.105 1.326 1.547 1.768 1.989. 2.210 80 0.505 0.758 1 1.010 1 1.263. 1.515 1 1.768 2.020 2.273 2.525 90 0.568 0.852 1 1.136 1 1.420 1.704 1.989 2.273 2.557 2.841 100 0.631 0.947 1.263 1.578 1.894 2.209 2.525 2.841 3.156 200 1.263 1.894 2.525 3.156 3.788 4.419 5.050 5.682 6.313 300 1.894 2.841 3.788 4.735 5.682 6.628 7.575 8.522 9.470 400 2.525 3.788 5.050 6.313 7.575 1 8.838 10.100 11.363 12.626 500 1 3.158 1 4.735 6.313 1 7.891 9.470 1 11.047 12.626 14.204 15.782 600 3.788 5.682 7.575 9.469 11.363 13.257 15.151 17.046 18.938 700 4.419 6.628 8.838 11.047 13.257 15.468 17.676 19.886 22.095 800 5.050 7.575 .10.100 12.626 15.152 17.676 20.201 22.726 25.251 900 5.682 8.522 11.363 14.204 17.044 19.886 22.726 25.567 28.405 1000 1 6.313 1 9.469 12.626 1 15.782 18.939 22.096 25.253 28.408 31.564 Maximum allowable water loss in 4 hours at 180 pounds per square inch of pressure for a rate of 50 gallons per inch diameter of pipe per mile over a 24-hour period EQUATION THE ABOVE CHART IS BASED ON: Maximum Loss (Gal.) = 50 x Diameter of Pipe in Inches x L.F. of Pipe x 4 5280 24 Technical Specifications 139 ITEM 506.7 Purging and Disinfection of Water Conduits (Add the following) On all watedines installed in the City of Anna the Contractor shall be responsible for Purging, Testing and Sterilization of the completed lines. DIVISION 600 CONDUIT AND APPURTENANCES REHABILITATION DIVISION 700 — STRUCTURES DIVISION 800 MISCELLANEOUS CONSTRUCTION & MATERIALS ITEM 801.3 RAILINGS Reflectorized marking for guard rail and other traffic control used shall meet the requirements of 3M Scotchlite Brand Reflective Sheeting Grade, Series 2800, 3800 or 5800, or equal. The, marking shall conform to U.S. Department of Transportation, Federal Highway Administration, STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS, 1979 FP-79, Type III A, Sections 633.36 and 718.01 and Federal Supply Service, General Services Administration, LS-300 C, SHEETING AND TAPE REFLECTIVE NON -EXPOSED LENS, Reflectivity 2, Class 4. ITEM 801.5 WIRE FENCING 801.5.2.1 Wire Fencing Fabric: All chain link fencing shall be No. 9 gage copper bearing open-hearth steel wire. 801.5.2.2 Posts 801.5.2.2.1 Metal: All posts shall be heavily galvanized by the hot -dip process after fabrication and shall be fitted with watertight malleable iron caps. All posts shall be of the following size and shape: Line Posts: "H" Section hot rolled weighing not less than 4.10 pounds per linear foot or 3-1/2-inch O.D. pipe weighing not less than 3.65 pounds per linear foot. Terminal Posts: Three inch (3") steel pipe weighing not less than 5.79 pounds per linear foot. Gate Posts: Four inch (4") O.D. steel pipe weighing not less than 9.11 pounds per linear foot. 801.5.2.3 Rails. Gates. Braces and Fittinos: Shall be 1-5/8 inch steel pipe weighing not less than 2.27 pounds per linear foot. Technical Specifications 140 ITEM 803.2 GABION STRUCTURES 803.2.2 Materials Add the sentence: All wire used, including tie and connecting wire, shall be certified by Mill Test Reports showing compliance with specification requirements. 803.2.2.2 Stone Add the following: Facing stone shall be hand selected, large stone and shall be selected for best appearance. Facing stone shall be an off -while color and prior to laying the stone, samples shall be delivered' to the site and shall be approved 'by the Engineer for gradation and appearance. ITEM 805 ELECTRICAL COMPONENTS AND CONDUIT ITEM 805.3 MATERIAL (Add the following) Pull Box. All pull boxes shall be Quazite precast polymer concrete, or approved equal. Boxes shall be approximately 17" x 30" x 30" and shall be furnished with a concrete cover. Technical Specifications 141