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Contract 57093-CO1
CSC No. 57093-COI FORT WORTH., City of Fort Worth Change Order Request Project Name Daggett and D. McRae SRTS Improvements City Sec # 57093 Client Project #(s) City Project Number 102403 - TxDOT CSJ 0902-90-083 Project Description) SRTS project improvemnts including construction of new and reconstruction of existing sidewalks, curb ramps, driveways, curb and gutter, small retaining walls, signs, crosswalks and pavement markings within an approximate quarter mile of both the Daggett and D. McRae Elementary School Campuses. Contractor Urban Infraconstruction, LLC Change Order # 1 Date 12/12/2022 City Project Mgr. Brendan McInnes, PE City Inspector William Toohey Dept Original Contract Amount Extras to Date Credits to Date Pending Change Orders (in M&C Process) Contract Cost to Date Revised Contract Amount Original Funds Available for Change Orders Remaining Funds Available for this CO Additional Funding (if necessary) TPW 531,606.40 CHANGE ORDERS to DATE (INCLUDING THIS ONE) AS % OF ORIGINAL CONTRACT MAX ALLOWABLE CONTRACT AMOUNT (ORIGINAL CONTRACT COST+ 25% Totals Contract Time (CD) $1,531,606.40 240 0 0 0 $1,531,606.40 240 $777.41 0 $1,532,383.81 240 $153,160.64 $153,160.64 0.05% $1,914,508.00 JUSTIFICATION (REASONS) FOR CHANGE ORDER This change order is necessary in order to compensate the contractor for excavation of an alley that was not accounted for in the project plans that was required to properly grade a driveway. Contractor submitted RFI 05 requesting clarification of the grading and compensation for this driveway. Engineer reviewed the RFI and provided a solution in their response. Contractor has submitted prices for the added work. Typical methods for comparing unit costs were not available and were not considered adequate for this work. Instead, the City and Contractor agreed to use a Force Account method to track the actual costs. All costs associated with the work including all labor and materials were monitored and documented in order to determine the actual cost of the additional work performed. The documentation has been attached to this change order. It is understood and agreed that the acceptance of this Change Order by the contractor constitutes an accord and satisfaction and represents payment in full (both time and money) for all costs arising out of, or incidental to, the above Change Order. The Project/Program Manager signing below acknowledges that he/she is the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Contractor's Company Name Contractor (Name) Contract Signature Date Urban Infraconstruction, LLC. Anup Tamrakar Dec 22, 2022 Inspector/Inspection Supervisor Date Project and Contract Compliance Manager Date Dec 22, 2022 Dec 22, 2022 Program Manager Date Senior Capital Project Officer Date Dec 23, 2022 , Jan 3, 2023 ire or (Dept) Date Director, Contracting Department (Dept) Date Jan 3, 2023 Jan 3, 2023 Assistant City Attorney Date Assistant C' ger Date Jan 4, 2023 Jan 5, 2023 Council Action (if required) �444oanu M&C Number ATTEST: o ap0 FORT dd tl S �S moo 0j. ?dd Aio e•ld— Jannette Goodall, City Secretary P08 o=a pPp'f°°° dan4 .45 4aa M&C Date Approved OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH City of Fort Worth IF,— Change Order Additions Project Name Daggett and D. McRae SRTS Improvements City Sec # 57093 Client Project # City Project Number 102403 - TxDOT CSJ 0902-90-083 Contractor Urban Infraconstruction, LLC PM Brendan McInnes, PE Inspector William Toohey Change Order Submittal # O1 Date 12/12/2022 ADDITIONS ITEM DESCRIPTION DEPT Qty Unit Unit Cost Total 62 9608.6001 Unique Change Order Item #1 Driveway Excavation 777.41000000 DOL $1.00 S777.41 TPW S777.41 Sub Total Additions S777.41 Change Order Additions Page 2 of 4 FORT WORTH City of Fort Worth —IV---- Change Order Deletions Project Name I Daggett and D. McRae SRTS Improvements City Sec # 57093 Client Project # FCity Project Number 102403 - TxDOT CSJ 0902-90-083 Contracto Urban Infraconstruction, LLC PM Brendan McInnes, PE Inspector William Toohey Change Order Submittal # Date 12/12/2022 Change Order Deletions Page 3 of 4 Previous Change Orders CO # DATE AMOUNT Total $0.00 Page 1 of 1 PRICING BREAKDOWN City of Fort Worth PCO #1 Dagget and D McRae SRTS Improvements DATE: 1011712022 mtan INFRACONSTRUCTION ITEM # DESCRIPTION QTY PRICING 1 Excavation (Cy) 30.00 $ 777.41 TOTAL $ 777.41 CLARIFICATIONS AND EXCLUSIONS SUBMITTED BY YAJJU MAHARJAN URBAN INFRACONSTRUCTION Page 1 PRICING BREAKDOWN City of Fort Worth URBAN INFRACONSTRUCTION 10/17/2022 Dagget and D McRae SRTS Improvements LABOR BREAKDOWNS Candelario Casteneda-Foreman Juan Reyes -Carpenter Jamie Osorio-Operator Epifanio Ortiz -Concrete Finisher EQUIPMENT BREAKDOWN COMPANY PAID SUPT/FOREMAN VEHICLE SKID STEER John Deer 325 G BACKHOE 310 L MATERIAL BREAKDOWN Dump Fee SUBCONTRACTOR BREAKDOWN Trucking Dump Fee (Silver creek) TOTALS & MARK UP SUMMARY TOTAL LABOR AMOUNT TOTAL EQUIPMENT AMOUNT TOTAL MATERIAL AMOUNT TOTAL SUBCONTRACTOR AMOUNT IN FR A CONSTRUCT ION REGULAR REGULAR OT OT TOTAL HOURS RATES HOURS RATES LABOR CHARGED CHARGED AMOUNT 1.15 $ 38.75 $ 58.13 $ 44.56 1.5 $ 22.50 $ 33.75 $ 33.75 2.5 $ 23.00 $ 34.50 $ 57.50 1.5 $ 21.00 $ 31.50 $ 31.50 SUBTOTAL LABOR $ 167.31 HOURS RATES TOTAL HR 0.50 $ 3.75 $ 1.88 H R 1.00 $ 57.94 $ 57.94 H R 2.50 $ 84.63 $ 211.58 SUBTOTAL EQUIPMENT $ 271.39 Ea 1.00 $ 25.00 $ 25.00 SUBTOTAL MATERIAL $ 25.00 UOM Regular Rate Hours H r 62.00 $ 2.00 $ 124.00 Ea 25.00 $ - $ 25.00 SUBTOTAL SUBCONTRACTOR $ 149.00 COST BURDEN OH+PROFIT BOND TOTAL AMOUNT @55% % % AMOUNT $ 167.31 $ 92.02 25% 1 % $ 304.17 $ 271.39 15% 1 % $ 315.22 25% 1% $ - $ 149.00 5% 1 % $ 158.01 $ 587.70 $ 92.02 $ 777.41 BREAK OUT labor $ 301.16 Equipment $ 312.10 Subcontract $ 156.45 Material $ - TOTAL COST $ 769.71 BOND 1 % $ 7.70 TOTAL $ 777.41 $ 301.16 $ 312.10 $ 769.71 $ 7.70 $ 777.41 NOTES 10/17/2022 DAILY REPORT OF FORCE ACCOUNT WORK �iaraa ON CHANGE ORDER NO. pertmant ITianaporbUon Form 316 (Rev. 02/10) Page 1 of 3 County: Tarrent Project: Daggart/McRae csi: 0902-90-083 Highway: Robert Street Date: 09/21 /22 Station: 75+95 to Station: 76+05 STATEMENT OF EQUIPMENT AND LABOR EQUIPMENT LABOR Description Hrs. Rate Amount Classification and Name Hours Rate Amount Reg. O.T. Reg. I O.T. John Deere 310L (Backhoe) 2.5 84.63 Candelario Castaneda (Foreman) 1.15 38.75 John Deere 325G (Skidsteer) 1 57.94 Alejando Rodriguez (Superintendent) 0.50 0.00 10 Wheel Dump Truck #2014 Tag # BTT 215G 2 62.00 Carp entee rtis ( (Carpenter) 1.50 21.00 3/4 Ton PU (Superintent) .50 0.00 Juan Reyes (Carpenter) 1.50 22.50 Jamie Osorio (operator) 2.50 23.00 Dump Fee 10 CY 25.00 Total 1 25.001 Total Form 316 (Rev. 02/10) Page 2 of 3 STATEMENT OF MATERIALS ACTUALLY PLACED THIS DATE Description Unit Quantity Start time 10:00 AM End time 12:30 PM Excavation of alley way approximate 30CY of material. NUrban William M. Toohey Jr. Contractor 1.17 by Signatu tle Inspector Area Engineer c Ai Tie-kat t Croak hlatq�1-1111.1% JnC RO, No a 50W vftnti, �T yk t i& I OR b T)k ?500 1 N CO N" ?f 9 U I Ir-.JA C A ri f it Trt4" Air I itj Durnp Up 00 Lo wio AM, YOS 1 615197 2 -970P 125/ 3 nnN2��_5, 4 5 6 7 8 9 10 11 12 13 PITTICKET # Tandem #: Trailer #: Three Axels #: Date:9 ] ?-�? � Ed S L ti G SERF~ 2409 Richmond Dr. Plano, Tx 75074 Office:469-774-0615 Cel 1: 469-951-0664 E-mail: alstruckingservicellc@gmail.com Customer: U r 61A. �ti S�r�ic, i ,1 PO #: JOB #: ca �r3 Start Time: Stop Time: Lunch: 770 0 Driver Si C stomer Signature:r No. 127468 Shipped From: i Shipped To: e0— -P, Material Hauled: / Total Loads: Total Hours: 14 15 16 17 18 19 20 21 22 2: 2 PRICING BREAKDOWN City of Fort Worth URBAN INFRACONSTRUCTION I N F R A C O N S T R U C T I O N 8/19/2022 Dagget and D McRae SRTS Improvements LABOR BREAKDOWNS REGULAR REGULAR OT OT TOTAL HOURS RATES HOURS RATES LABOR CHARGED CHARGED AMOUNT Candelario Casteneda-Foreman $ 38.75 $ 58.13 $ Nor Aparicio Mendez -Carpenter $ 20.00 $ 30.00 $ Juan Carlos Campos -Concrete Finisher $ 22.00 $ 33.00 Marco A Claudio Moreno -Operator $ 24.00 $ 36.00 Alexander Cruz -Common Laborer $ 18.00 $ 27.00 Raul Martinez -Common Laborer $ 18.00 $ 27.00 Armando Mena, Concrete Finishers $ 23.00 $ 34.50 Heracleo Mendez Ortiz -Operator $ 24.00 $ 36.00 Manuel Rodriguez -Concrete Finisher $ 21.00 $ 31.50 Epifanio Ortiz -Concrete Finisher $ 21.00 $ 31.50 Martin Rojas Resendiz-Concrete Finisher $ 21.00 $ 31.50 SUBTOTAL LABOR $ EQUIPMENT BREAKDOWN HOURS RATES TOTAL COMPANY PAID SUPT/FOREMAN VEHICLE HR $ 3.75 $ SKID STEER John Deer 325 G HR $ 57.94 $ BACKHOE 310 L HR $ 84.63 $ SUBTOTAL EQUIPMENT $ MATERIAL BREAKDOWN SUBTOTAL MATERIAL $ - SUBCONTRACTOR BREAKDOWN Trucking Hr $ 62.00 $ SUBTOTAL SUBCONTRACTOR $ - TOTALS & MARK UP SUMMARY COST BURDEN OH+PROFIT BOND TOTAL AMOUNT @55% % % AMOUNT TOTAL LABOR AMOUNT $ - 25% 1% $ TOTAL EQUIPMENT AMOUNT 15% 1% $ TOTAL MATERIAL AMOUNT 25% 1% $ TOTAL SUBCONTRACTOR AMOUNT 5% 1% $ BREAK OUT labor $ Equipment $ Subcontract $ Material $ TOTAL COST $ - BOND 1 % $ TOTAL $ - NOTES 8/19/2022 EquipmentWatch_ www.equipmentwatch.com All prices shown in US dollars ($) Rental Rate Blue Book® Deere 310L Tractor-Loader-Backhoes Size Class: 14' to Under 15' Weight: NIA Configuration for 310L Drive 4WD Operator Protection Power Mode Diesel Blue Book Rates ** FHWA Rate is equal to the monthly ownership cost divided by 176 plus the hourly estimated operating cost. Ownership Costs Monthly Weekly Daily Hourly Published Rates USD $7,785.00 USD $2,180.00 USD $545.00 USD $82.00 Adjustments Region ( 100%) - - Model Year (2022:100%) Adjusted Hourly Ownership - - Cost (100%) Hourly Operating Cost (100%) Total: USD $7,785.00 USD $2,180.00 USD $545.00 USD $82.00 July 29, 2022 !11 EROPS Estimated Operating FHWA Rate - Costs Hourly Hourly USD $40.40 USD $84.63 USD $40.40 USD $84.63 Non -Active Use Rates Hourly Standby Rate USD $22.56 Idling Rate USD $65.08 Rate Element Allocation Element Percentage Value Depreciation (ownership) 30% USD $2,335.50/mo Overhaul (ownership) 49% USD $3,814.65/mo CFC (ownership) 7% USD $544.95/mo Indirect (ownership) 14% USD $1,089.90/mo Fuel (operating) @ USD 5.70 52% USD $20.85/hr Revised Date: 3rd quarter 2022 These are the most accurate rates for the selected Revision Date(s). However, due to more frequent online updates, these rates may not match Rental Rate Blue Book Print. Visit the Cost Recovery Product Guide on our Help page for more information. The equipment represented in this report has been exclusively prepared for ANUP TAMRAKAR (anup@ urbaniconstruct.com) All material herein @ 2003-2022 Randall -Reilly All rights reserved.Page 1 of 1 * EquipmentWatch_ www.equipmentwatch.com All prices shown in US dollars ($) Rental Rate Blue Book@ Configuration for 325G Operator Protection ROPS Power Mode Blue Book Rates ** FHWA Rate is equal to the monthly ownership cost divided by 176 plus the hourly estimated operating cost. Ownership Costs Monthly Weekly Daily Hourly Published Rates USD $5,670.00 USD $1,590.00 USD $400.00 USD $60.00 Adjustments Region (100%) - - Model Year (2022:100%) Adjusted Hourly Ownership - - Cost (100%) Hourly Operating Cost (100%) Total: USD $5,670.00 USD $1,590.00 USD $400.00 USD $60.00 August 19, 2022 Diesel Estimated Operating FHWA Rate** Costs Hourly Hourly USD $25.72 USD $57.94 USD $25.72 USD $57.94 Non -Active Use Rates Hourly Standby Rate USD $14.50 Idling Rate USD $43.30 Rate Element Allocation Element Percentage Value Depreciation (ownership) 25% USD $1,417.50/mo Overhaul (ownership) 55% USD $3,1.18.50/mo CFC (ownership) 4% USD $226.80/mo Indirect (ownership) 16% USD $907.20/mo Fuel (operating) @ USD 5.70 43% USD $11.08/hr Revised Date: 3rd quarter 2022 These are the most accurate rates for the selected Revision Date(s). However, due to more frequent online updates, these rates may not match Rental Rate Blue Book Print. Visit the Cost Recovery Product Guide on our Help page for more information. The equipment represented in this report has been exclusively prepared for ANUP TAMRAKAR (anup@ urbaniconstruct.com) All material herein © 2003-2022 Randall -Reilly All rights reserved.Page 1 of 1 DocuSign Envelope ID: 6F2B81D2-92DA-4DC0-9016-96CC65F3F521 2512 Gravel Rd. L!man Fort Worth, TX 76118 INFRACONSTRUCTION Tel: (817) 616-5544 SUBCONTRACT AGREEMENT This Subcontract Agreement (hereinafter the "Subcontract", the "Agreement" or the "Subcontract Agreement") is made and effective this 14th day of January 2022, by and between Urban Infraconstruction ("Contractor") and ALS Trucking Service ("Subcontractor") to perform part of the work on the following Project: PROJECT NAME: Daggett St. and McRae St. Safe Route to School Improvements PROJECT OWNER: City of Fort Worth LOCATION: Various GENERAL CONTR. Urban Infraconstruction LLC 2512 Gravel Dr Fort Worth, TX 76118 JOB NUMBER: 21035-005SA (Please include this reference number on all invoices and job inquiries) SUBCONTRACTOR ADDRESS: CITY/STATE/ZIP: ATTN/PHONE DBE/WBE/Veteran-Owned Federal Tax Payer ID No. Sales and Use Tax Permit No SUBCONTRACT PRICE: ALS Trucking Service 2400 Richmond Dr Plano, TX 75074 Blanca Tulujan Yes No (If yes, provide designation DBE_) 1. Regular Tandem l Oyd capacity: $62/hr 2. Three Axles 16yd capacity: $73/hr 3. Quarter Axle 20 yd capacity: $80/hr 4. Dump Trailer: $95/hr 5. Flatbed: $100/hr 6. The Agreement is for trucking only. Materials are not included. SCOPE OF WORK: Trucking Invoices shall include signed delivery tickets with hours and loads specified. Subcontractor promises, covenants and agrees to furnish all labor, material, management, equipment, tools, plant, scaffolding, services and supplies and all other things necessary for the construction and completion of the Work in a good and workmanlike manner and in accordance with the Contract Documents to the full satisfaction and acceptance of Owner, Architect, General Contractor and Contractor. Contractor agrees to pay Subcontractor for its performance of the described Work, on the basis of Subcontractor's Unit Prices, as set forth in Exhibit A (the "Contract Sum"), such price including all taxes, including but not limited to state and local sales taxes, such payment to be made in accordance the Terms and Conditions of the Subcontract Agreement. THIS SUBCONTRACT INCLUDES BY REFERENCE AND IS SUBJECT TO THE "TERMS AND CONDITIONS OF THE SUBCONTRACT AGREEMENT" WHICH BEGIN ON PAGE 2 HEREOF. ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY THE SUBCONTRACTOR (INCLUDING, BUT NOT LIMITED TO THOSE SET FORTH IN THE SUBCONTRACTOR'S BID DOCUMENTS, DELIVERY TICKETS, OR OTHERWISE) ARE REJECTED UNLESS EXPRESSLY ASSENTED TO IN WRITING BY THE CONTRACTOR. SUBCONTRACTOR: ALS T 7� VICE By: CONTRACTOR: URBAN INF�1,�Vt4,, TRUCTION LLC By: wo TA*raLv p5A734BA... Short Form Subcontract Agreement - 2018 Page 1 of 6 DocuSign Envelope ID: 6F2B8lD2-92DA-4DC0-9016-96CC65F3F521 Printed Name: Blanca Tul uj an Printed Name: ANUP TAMRAKAR Title: Manager Date: 20/01/2022 Title: CEO Date: 1/20/2022 TERMS AND CONDITIONS OF THE SUBCONTRACT AGREEMENT 1. The Contract Documents for this Subcontract Agreement consist of the Subcontract Agreement, these Terms and Conditions of the Subcontract Agreement, including any exhibits or attachments hereto, the Prime Contract between the Contractor and Owner, including any conditions set forth therein and exhibits or attachments thereto, the Contractor between the General Contractor and the Contractor (if the Contractor is not serving as the General Contractor), the drawings, plans, and specifications, issued prior to execution of this Subcontract and any modifications, change orders, or amendments issued in writing after the execution of this Subcontract Agreement. Contractor shall not be bound by this Subcontract until Subcontractor executes and delivers to Contractor an executed Subcontract and the same is executed by Contractor. The Subcontract may be executed in counterparts and each shall be deemed to be an original. Notwithstanding, Subcontractor's commencement of the Work shall be deemed acceptance of the Terms and Conditions set forth herein. If this Subcontract is signed before Contractor has been awarded the Project, then it shall constitute a pre - bid agreement which cannot be canceled by Subcontractor and upon award to Contractor, shall become binding. If no such award is made, this Subcontract shall have no further effect. As used herein, the term "Owner" may refer to that entity with whom Contractor has executed the Contract for the Project, whether such entity be a true owner of the Project, the General Contractor or otherwise. Subcontractor acknowledges that it has read the Contract Documents and is familiar with such documents and agrees not to violate the terms of same. The Contractor's duties and obligations under the Prime Contract as they apply to Subcontractor's scope of Work are incorporated herein by reference and Subcontractor agrees to be fully bound by the same. 2. Contractor may, at any time by written order and without invalidating this Subcontract Agreement, make changes in the Work. Subcontractor agrees to comply with such changes promptly and without delay. If the Contractor agrees that such change will cause an increase or decrease in the cost of the Work or in the amount of time required for Subcontractor's performance, an equitable adjustment may be made by modifying the Subcontract. Such modification must be in writing and executed by Contractor. Subcontractor shall continue its Work pending such written modification, if any. Any claim by Subcontractor for adjustment under this clause shall be waived unless such claim for adjustment is asserted prior to commencement of the Work subject to such claim and no later than 10 days after Subcontractor first becomes aware of such condition giving rise thereto or, through the exercise of reasonable diligence, should have been aware of condition giving rise thereto. No modification, price increase or extension of time shall be binding on Contractor unless such modification, increase or extension is evidenced by a written change order issued and signed by Contractor's authorized representative. 3. At least 10 days prior to the date Owner requires Contractor to submit its payment estimate or as may otherwise be directed by Contractor, Subcontractor shall submit to Contractor, in such form and with such evidence as may be required by Contractor, a pay application, showing the proportionate value of the Work installed to that date, from which shall be deducted (a) retainage of 5%; (b) the aggregate of all previous payments and (c) all charges for services, materials, equipment and other items furnished by Contractor, or amounts otherwise chargeable to the Subcontractor, in respect to Work under this Subcontract. As a CONDITION PRECEDENT to Contractor's obligation to make payment of any Pay Application, Subcontractor shall submit such documentation as may be required by the Prime Contract as evidence of the amounts claimed. Further, Contractor may require Subcontractor to (i) produce a sworn affidavit listing all sub -subcontractors, materialmen and suppliers that have furnished labor, material or otherwise performed work on behalf of Subcontractor on the Project, along with the amount of each subcontract, purchase order, contractor or other agreement; (ii) produce waivers of mechanics lien rights (and/or bond claim rights) for Subcontractor, its sub -subcontractor and by all persons supplying labor, materials, and/or equipment to Subcontractor on the Project through the date of the Pay Application; (iii) produce all additional documents that Contractor, Owner, or Owner's lender may require as a condition to receipt of payment, and/or (iv) provide such other evidence as Contractor may require that charges for labor and material have been paid. Amounts requested by Subcontractor and approved by Contractor, the Owner and/or the Architect shall be paid Subcontractor within 10 days of Contractor's receipt of payment for such Work from the Owner (subject to the Contractor's right to withhold payment as provided herein). To the fullest extent permitted by law, Subcontractor hereby expressly accepts the risk of non-payment by the Owner. Further, Subcontractor agrees and consents that no payment shall become due and owing to Subcontractor unless and until Contractor receives payment from the Owner for Subcontractor's Work, such payment from the Owner being an express condition precedent to any obligation of Contractor to pay Subcontractor. At Subcontractor's request, Contractor will provide to Subcontractor information relating to Owner's financial integrity and its ability to pay for the Work under the prime contract; such information including information specified in Chapter 56 of the TExAs BUSINESS AND COMMERCE CODE. Subcontractor's failure to request such financial information or receipt of the same shall be deemed Subcontractor's satisfaction that Owner has the financial wherewithal and ability to meet Owner's obligations under the Prime Contract. In no event shall Contractor be required to pay or forward to the Owner any estimate invoice or application for payment that has been submitted by Subcontractor (1) thirty (30) days after substantial completion of the Project or (2) sixty (60) days after the work was performed, whichever is earlier. Subcontractor may not assign or attempt to assign any funds earned or to be earned under this Agreement without first obtaining the written consent of Contractor (which may be withheld at the sole discretion of the Contractor) and no such assignment shall be binding on the Contractor unless and until accepted in writing by Contractor. 4. All goods or services furnished by the Subcontractor must conform to the Contract Documents, the drawings, specifications and other data incorporated herein and shall be the quality specified. In the event no quality is specified in the Contract Documents, then all goods or services provided by the Subcontractor shall be of the highest quality. 5. It is hereby understood and agreed that time is of the essence in the performance of this Subcontract. Subcontractor shall fully indemnify and hold harmless Contractor from and against any and all claims or damages Contractor may incur due to Subcontractor's failure to timely perform the Work. Contractor may prepare a construction progress schedule, and if it does so, Subcontractor shall perform its Work in accordance with such construction progress schedule. Subcontractor will not be entitled to damages for delay in the performance of the Work of any kind, regardless of the reason for the delay. Subcontractor may be entitled to an extension to its time for Short Form Subcontract Agreement - 2018 Page 2 of 6 DocuSign Envelope ID: 6F2B81D2-92DA-4DC0-9016-96CC65F3F521 performance of the Work if, and only if, Contractor receives a time extension from the Owner. Subcontractor shall be responsible for and shall effectively secure and protect its materials, equipment and Work at its sole cost and expense, whether or not installed and whether or not accepted by the Contractor and/or the Owner. 6. Failure of Contractor to perform any obligation required by this Subcontract Agreement including, but not limited to, taking delivery or accepting performance of goods and services provided hereunder or portions thereof when due, if occasioned by an act of God, fire, flood, drought, war, or any other circumstances beyond the reasonable control of Contractor, shall not subject Contractor to any liability to Subcontractor. At Contractor's option, the period specified for delivery of goods or performance of services hereunder shall be extended by the period of delay occasioned by any such circumstance, and deliveries shall be performed during such extension or the total Subcontract hereunder shall be reduced by the delivery of services so omitted. 7. All Work performed by the Subcontractor shall be subject to inspection, acceptance and approval by Contractor, Owner and Architect. Contractor reserves the right to reject and refuse Work that is not in accordance with the Contract Documents and/or applicable federal, state, municipal laws and/or building codes. Work not accepted, will, at Contractor's sole discretion; (1) be accepted by Contractor with an equitable reduction in price; (2) be corrected, repaired or replaced by Subcontractor at Subcontractor's expense; and/or (3) be corrected, repaired or replaced by Contractor at Subcontractor's expense. Payment to Subcontractor shall not constitute or imply acceptance by Contractor of any portion of Subcontractor's Work that fails to comply with the Contract Documents or is in any way unacceptable to Owner or Contractor. 8. Should Subcontractor at any time (i) fail, refuse or neglect to supply with promptness and diligence, items and materials or perform the services in accordance with the Contractor's schedule or, if there is no such schedule, within a reasonable time, as determined by Contractor, or as required within the time provided under this Agreement, or (ii) fail to make progress so as to endanger performance of this Agreement in accordance with its terms, or (iii) fail to provide labor and materials in full conformity with the Contract Documents, or (iv) fail to provide labor and materials that are acceptable to the Owner and Architect, then Contractor may withhold any and all payments due or to become due Subcontractor under the Subcontract Agreement and either (a) direct Subcontractor, at its own expense, to work such overtime as Contractor may deem necessary to comply with the schedule and complete the Work; (b) supplement Subcontractor's Work, at the sole cost and expense of Subcontractor, or (c) may terminate this Agreement. The Contractor will have no obligation to make any payment to the Subcontractor until the Project schedule has been fully recovered to the reasonable satisfaction of the Contractor. In the event Contractor terminates this Agreement pursuant to the above, Contractor may proceed to complete and/or correct the Work covered by this Agreement and deduct the costs of such labor and material, including Contractor's administrative costs, from any money due or to become due Subcontractor under the terms and conditions hereof. In the event of a termination of Subcontractor's rights to proceed hereunder, Subcontractor shall not be entitled to receive any further payments until all the labor and materials covered in this Subcontract shall have been provided, delivered and accepted. If the unpaid balance of the amount to be paid hereunder exceeds the expenses incurred by Contractor, including general conditions, increased supervision, attorney's fees and any other costs incurred, such excess shall be paid by Subcontractor to Contractor within 30 days of receipt of final payment from the Owner. If Contractor's expenses exceed any unpaid balance, Subcontractor shall pay such deficiency to Contractor immediately upon demand. 9. In addition to any warranties required by the Prime Contract, in fact or that may otherwise be implied by law, Subcontractor expressly warrants that the Work will i) conform to the Contract Documents including, without limitation, the drawings, specifications, data, samples or other information, furnished and incorporated as part of this Subcontract and (ii) that the Work will be fit and sufficient for the purpose intended, merchantable, of good material and workmanship and free from any defects. Subcontractor specifically agrees to warrant and guaranty the Work and to make good at Subcontractor's expense, any defect in materials or workmanship which may occur or develop in accordance with the terms of the Prime Contract. Subcontractor will indemnify, defend and hold harmless Contractor against any and all liabilities whatsoever for damages and/or injuries to persons or property which may be incurred by Contractor by virtue of defects in the Work and the goods or services furnished hereunder, including all costs and reasonable attorney's fees. 10. Subcontractor acknowledges that, for all purposes, it is performing the Work and the obligations of this Subcontract Agreement an independent contractor. Subcontractor shall assume all of the rights, obligations and liabilities applicable to it as such independent contractor pursuant to the terms of this Subcontract and is subject, as an employer, to all applicable unemployment compensation, occupational health and safety or similar statutes.. Subcontractor shall comply with all current safety requirements of federal, state and local laws and regulations of the Contractor. 11. INDEMNIFICATION 11.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUBCONTRACTOR EXPRESSLY AGREES TO DEFEND (AT SUBCONTRACTOR'S EXPENSE AND WITH COUNSEL ACCEPTABLE TO CONTRACTOR), INDEMNIFY, AND SAVE AND HOLD HARMLESS CONTRACTOR, AND IF REQUIRED BY THE PRIME CONTRACT, THE OWNER, THE ARCHITECT/ENGINEER AND THE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, SUBCONTRACTORS, OR SUPPLIERS OF ANY OF THEM (COLLECTIVELY, THE "INDEMNIFIED PARTY(IES)"), FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LOSSES, CAUSES OF ACTION, DAMAGES, LIABILITIES, AND EXPENSES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ALL EXPENSES OF LITIGATION AND ARBITRATION, COURT COSTS, ATTORNEYS' FEES AND EXPENSES, FEES AND EXPENSES OF ATTORNEY'S EXPERTS AND CONSULTANTS, ARBITRATOR'S FEES AND ARBITRATION ADMINISTRATIVE FEES AND OTHER COSTS AND EXPENSES OF ARBITRATION AND/OR LITIGATION, ARISING OUT OF OR IN CONNECTION WITH, OR ALLEGED TO ARISE OUT OF OR IN CONNECTION WITH, INJURIES TO OR THE DEATH OF ANY PERSON WHOMSOEVER, CLAIMS FOR DAMAGES FROM ANY THIRD PARTY, OR ANY AND ALL DAMAGES TO PROPERTY (INCLUDING THE LOSS OF USE THEREOF), REGARDLESS OF POSSESSION OR OWNERSHIP, TO THE EXTENT ARISING OUT OF OR RESULTING FROM 1) THE VIOLATION OF ANY ORDINANCE, REGULATION, STATUTE OR OTHER APPLICABLE LAW BY SUBCONTRACTOR OR ANY SUB - SUBCONTRACTOR (OR ANY OF THEIR EMPLOYEES) OF SUBCONTRACTOR OF ANY TIER; (2) ANY LIEN CLAIM ASSERTED BY ANY SUB -SUBCONTRACTOR OR SUPPLIER OF SUBCONTRACTOR OF ANY TIER FOR WORK OR MATERIALS PROVIDED TO THE PROJECT; (3) BODILY INJURY OR DEATH OF ANY PERSON, OR PROPERTY DAMAGE, INCLUDING LOSS OF USE OF PROPERTY, ANY OF WHICH ARISE OR ARE ALLEGED TO ARISE OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR SUBCONTRACTOR'S PERFORMANCE OF THE WORK OR OTHER ACTIVITIES OF SUBCONTRACTOR OR ANY SUB -SUBCONTRACTOR OF SUBCONTRACTOR OF ANY TIER BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF SUBCONTRACTOR, ITS SUB -SUBCONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY SUBCONTRACTOR OR ANY SUB - SUBCONTRACTOR OR ANYONE FOR WHOSE ACTS SUBCONTRACTOR MAY BE LIABLE PROVIDED THAT SUBCONTRACTOR SHALL NOT BE REQUIRED TO INDEMNIFY OR DEFEND AN INDEMNIFIED PARTY FROM IT OWN Short Form Subcontract Agreement - 2018 Page 3 of 6 DocuSign Envelope ID: 6F2B81D2-92DA-4DC0-9016-96CC65F3F521 NEGLIGENCE EXCEPT AS PROVIDED IN PARAGRAPH'S 11.2 AND 11.3. 11.2 SUBCONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY CLAIM, DAMAGE, LOSS, OR EXPENSE (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND COSTS), ARISING OUT OF, RESULTING FROM OR ATTRIBUTABLE TO ANY CLAIM OF BODILY INJURY, SICKNESS, DISEASE OR DEATH OF ANY EMPLOYEE OF SUBCONTRACTOR, ANY SUB -SUBCONTRACTOR OF SUBCONTRACTOR OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY SUBCONTRACTOR OR ANY OF ITS SUB - SUBCONTRACTORS, BROUGHT BY SUCH INJURED EMPLOYEE OR THE EMPLOYEE'S WORKERS COMPENSATION INSURANCE CARRIER (HEREINAFTER REFERRED TO AS AN "EMPLOYEE INJURY CLAIM"), EVEN TO THE EXTENT SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE SOLE OR CONCURRENT NEGLIGENCE OF AN INDEMNIFIED PARTY, IT BEING THE EXPRESSED INTENT OF THE CONTRACTOR AND SUBCONTRACTOR THAT, IN SUCH EVENT, THE SUBCONTRACTOR IS TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF THEIR OWN NEGLIGENCE, WHETHER IT IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE BODILY INJURY, SICKNESS, DISEASE OR DEATH OF THE EMPLOYEE. In claims against any person or entity indemnified under this Paragraph 11.2 by an employee of the Subcontractor, a Sub - subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 11.2 will not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Subcontractor or it Sub -subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts and shall extend to and include any actions brought by or in the name of any employee of Subcontractor or of any third party to whom Subcontractor may sublet a part of the Work. This liability shall be enforceable against Subcontractor whether Contractor's damage, loss or expense is established by judgment or arbitration or settlement and whether or not Subcontractor participated in such litigation or arbitration or settlement. 11.3 SUBCONTRACTOR HEREBY AGREES TO FULLY, AND COMPLETELY INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM ALL LIENS, OR CLAIMS OF RIGHT TO ENFORCE LIENS, AGAINST THE JOBSITE OR THE IMPROVEMENTS TO BE ERECTED THEREON ARISING OUT OF ANY WORK TO BE PERFORMED OR LABOR OR MATERIALS TO BE FURNISHED; PROVIDED THAT CONTRACTOR HAS MADE PROPER PAYMENT TO SUBCONTRACTOR FOR SUCH LIENOR'S WORK. NEITHER FINAL PAYMENT BY OWNER OR CONTRACTOR, NOR ACCEPTANCE OF THE WORK SHALL BE DEEMED TO CONSTITUTE A WAIVER OR RELEASE OF THE FOREGOING OBLIGATION. IF ANY SUCH LIEN OR CLAIM FOR LIEN SHALL AT ANY TIME BE FILED, SUBCONTRACTOR SHALL IMMEDIATELY PAY SUCH OR PROCEED WITH DISCHARGING OR BONDING OFF THE LIEN CLAIM IN ACCORDANCE WITH THIS PARAGRAPH 11.3. SUBCONTRACTOR SHALL DELIVER TO CONTRACTOR WITHIN FORTY-EIGHT (48) HOURS OF SUBCONTRACTOR'S RECEIPT, OF COPIES, OR KNOWLEDGE, OF ALL NOTICES RELATED TO THE CONTRACT, THIS SUBCONTRACT OR ANY OTHER FILINGS RECEIVED BY SUBCONTRACTOR OR THAT ARE OTHERWISE FILED BY ANY SUB -SUBCONTRACTOR OF SUBCONTRACTOR OF ANY TIER, LABORER, MECHANIC OR MATERIALMEN PERFORMING WORK UPON OR FURNISHING MATERIALS FOR THE WORK, UNDER APPLICABLE LIEN LAWS. SUBCONTRACTOR SHALL PROMPTLY PAY EACH SUB -SUBCONTRACTOR, LABORER, MECHANIC AND MATERIALMEN UPON RECEIPT OF PAYMENT FROM CONTRACTOR, SUBJECT TO THE CONTRACTOR'S RIGHT TO WITHHOLD PAYMENT AS PROVIDED HEREIN, AND WILL KEEP THE WORK AND JOBSITE FREE AND CLEAR OF ANY AND ALL LIENS AND CLAIMS OF LIEN; PROVIDED, HOWEVER, IF A LIEN IS FILED AND IF SUBCONTRACTOR WISHES TO DISPUTE SUCH LIEN, SUBCONTRACTOR SHALL PROMPTLY ADVISE CONTRACTOR THEREOF IN WRITING AND FILE IN THE COUNTY WHERE SUCH LIEN CLAIM IS ASSERTED WITH A COPY TO THE CONTRACTOR, NO LATER THAN TEN (10) DAYS AFTER THE FILING OF SUCH LIEN CLAIM, A STATUTORY BOND IN COMPLIANCE WITH CHAPTER 53 OF THE TEXAS PROPERTY CODE IN AN AMOUNT SUFFICIENT TO CAUSE SUCH LIEN TO BE REMOVED AS A MATTER OF RECORD. IF SUBCONTRACTOR FAILS TO POST SUCH BOND WITHIN TEN (10) DAYS AFTER ASSERTION OF THE SAME, THEN CONTRACTOR SHALL HAVE THE RIGHT TO CAUSE SUCH LIEN TO BE REMOVED AS A MATTER OF RECORD, THROUGH PAYMENT, SETTLEMENT THEREOF OR OTHERWISE, AND TO DEDUCT THE COST THEREOF FROM SUMS OTHERWISE DUE NEXT TO CONTRACTOR UNDER THE AGREEMENT. 11.4. The Subcontractor will hold harmless the Indemnified Parties from all liability, loss or expense, arising from claims by any Sub -subcontractor of any tier or suppliers of any material or equipment for installation or incorporation in the Work, including any items especially designed or fabricated for the Work or for tools or equipment rented or leased for the Work, but only to the extent such claim arises from the negligent acts or omissions of Subcontractor, a Sub -subcontractor of any tier, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by an Indemnified Party. 11.5 Nothing herein shall be construed to require the Subcontractor to indemnify any of the Indemnified Parties for an indemnified claim caused by or resulting solely from any Indemnified Party's own negligence unless otherwise permitted under Chapter 151 of the Texas Insurance Code. It is agreed that with respect to any legal limitations now or hereafter in effect and affecting the validity and enforceability of the indemnification obligations in this Agreement, such legal limitations are made a part of the indemnification obligations to the minimum extent necessary for this Agreement to conform to the requirements of such limitations, and as so modified, the indemnification obligations shall continue in fall force and effect. This indemnification provision is intended to comply with Chapter 151 of the Texas Insurance Code and shall be read as broadly as permitted to satisfy that intent. 11.6 The provisions of this Paragraph 11 shall survive the termination or completion of this Subcontract and shall not be limited in any way by the amount or type of insurance obtained by Contractor, Owner, any other Indemnified Party, or any of their consultants, contractors, subcontractors or suppliers. In all contracts between Subcontractor, any of its Sub - subcontractors of any tier, or suppliers, Subcontractor shall require such Sub -subcontractor or supplier to indemnify, defend and hold harmless the Indemnified Parties to the same extent that Subcontractor must indemnify, defend and hold harmless the Indemnified Parties pursuant to this Paragraph 11. 11.7 The indemnities agreed to by Subcontractor herein expressly include all costs of litigation, attomey's fees, settlement costs and reasonable expenses in connection with the litigation or arbitration whether or not the claims made for loss, injury, damage or property damage are valid or groundless, and regardless of whether the defense of Contractor is maintained by Contractor or assumed by Subcontractor. Contractor in its sole discretion and at its sole option may defend any or all of the indemnified claims or tender to Subcontractor the defense of any or all of the indemnified claims. Upon such tender by Contractor to Subcontractor, Subcontractor shall be bound and obligated to assume the defense of Contractor in the indemnified claims, including the settlement negotiations, and shall pay, liquidate, discharge and satisfy any and all settlements, judgments, awards or expenses resulting from or arising out Short Form Subcontract Agreement - 2018 Page 4 of 6 DocuSign Envelope ID: 6F2B81D2-92DA-4DC0-9016-96CC65F3F521 of the indemnified claims without reimbursement from Contractor. It is understood and agreed by Subcontractor that if Contractor tenders the defense of an indemnified claim to Subcontractor and Subcontractor fails or neglects to assume the defense thereof, Contractor may compromise and settle or defend any such suit or action, and Subcontractor shall be bound and obligated to reimburse Contractor for the amount expended by it in settling or compromising any such claim, or in the amount expended by Contractor in paying any judgment rendered therein, together with all reasonable attorneys' fees and cost of litigation incurred by Contractor by reason of its defense, settlement or compromise of such indemnified claims. 12. INSURANCE 12.1 Prior to starting the Work, the Subcontractor shall procure and maintain in such form and with such limits constituting the greater of 1) those coverages, policy limits and forms set forth herein or 2) those coverages, policy limits and form as required by Subcontractors as set forth in the Prime Contract. To the extent that Subcontractor's coverage or policy limits provide more extensive coverage and/or higher policy limits than those required by the Prime Contract or those set forth in this Agreement, in the event of a loss, Contractor shall be entitled to utilize the greater policy limits or coverages notwithstanding any minimum coverage or policy limits set forth herein. 12.2 Unless such greater coverage or policy limits are required by the Prime Contract, Subcontractor shall procure and maintain in force statutory Worker's Compensation Insurance for all of Subcontractor's employees at the project site, Employers Liability Insurance with $500,000 coverage (each section), Commercial General Liability Insurance (including XCU coverage by subcontractors involved in utility work, excavation, mechanical, electrical and/or plumbing work) and Automobile Liability Insurance and such other insurance, to the extent required by the Contract Documents for the Work. Unless otherwise provided in this Agreement by Exhibit, the Subcontractor's Commercial General and Automobile Liability Insurance, as required by this provision shall be written for not less than limits of liability as follows: (i) Commercial General Liability, $1,000,000 - Each Occurrence, $2,000,000 - General Aggregate (per project), $2,000,000 - Products/Completed Operations Aggregate, $1,000,000 - Personal and Advertising Injury; (ii) Comprehensive Automobile Liability, $1,000,000 - Combined Single Limit or $500,000 - Bodily Injury - each person, $500,000 - Bodily Injury - each occurrence, $500,000 - Property Damage - each occurrence. 12.3 The Commercial General Liability Policy and Automobile Liability Policy shall contain necessary endorsements listing the Owner, Contractor and such other parties as may be required by the Contractor, the Prime Contract, and/or the Contract Documents as additional insureds with coverage on a primary basis for the additional insureds (not contributory), and the additional insured endorsement for the General Liability Policy must also include products/completed operations coverage. The required Excess Liability coverage shall be provided in addition to Commercial General Liability and Comprehensive Automobile Liability coverage, shall be excess over the Commercial General Liability, Automobile Liability and Employers Liability coverages, and shall follow form over the additional insureds on the underlying policies and shall be on a primary basis (not contributory) for the additional insureds. All policies shall be written through a company duly authorized to transact that class of insurance in the state where the project is located, shall be with insurance companies acceptable to Contractor with an A.M. Best rating of A — VII or better. To the fullest extent permitted by law, Contractor shall be insured by Subcontractor through Subcontractor's insurance carriers with respect to liability arising out of or in connection with Subcontractor's Work for Contractor. To this end, the Commercial General Liability shall be endorsed to name Contractor and Owner and Owner's agents and such other parties as may be required by the Contractor, the Prime Contract, and/or the Contract documents, as Additional Insureds, to be evidenced on Form No. CG 20 10 11/85, or its equivalent, or a form substantially the same as such, which may be used but must be submitted and approved by Contractor. The Automobile Liability Policy shall be endorsed to name the Owner, Contractor, and such other parties as may be required by the Contractor, the Prime Contract, and/or the Contract documents as additional insureds and the Excess Liability policy shall follow form over the additional insureds on the underlying General Liability and Automobile policies. All policies obtained by Subcontractor or caused to be obtained by Subcontractor shall be endorsed to be primary and non- contributory to any insurance which may be maintained by or on behalf of Contractor. The Automobile Policy should be written using symbol 1 or in combination with symbols 7, 8 or 9 to include liability coverage for owned, non -owned and hired automobiles. The Commercial General Liability policy shall be on an "occurrence" basis and shall include "Limits Apply Per Project." Subcontractor shall maintain all insurance coverages required by this Subcontract Agreement in force for a period of one (1) year after completion of the Work and Subcontractor's completed operations coverage, which includes Additional Insured coverage on a primary and non-contributory basis as required herein and a waiver of subrogation as required herein, shall be kept in force for at least four (4) years after completion of the Work, or the applicable statute of repose, whichever is longer to protect Contractor for claims asserted against Contractor due to defects in Subcontractor's Work which claims may be covered under such completed operations coverage. 12.4 All policies providing coverage for Work under this Subcontract shall contain a waiver of subrogation endorsement in favor of Owner, Contractor and their employees. Subcontractor shall execute a joint agreement to be filed with the Worker's Compensation Commission stating the Subcontractor is an independent contractor. 12.5 Prior to starting the Work, the Subcontractor shall deliver to Contractor an original Accord Certificate of Insurance and copies of endorsements acceptable to Contractor which evidences the coverage's and endorsements required herein and which states that the coverage's afforded under the policies will not be canceled, terminated or materially modified unless at least 30 days written notice is given to the Contractor. If Subcontractor subcontracts any portion of the Work, Subcontractor shall deliver to Contractor for each of Subcontractor's subcontractors or employee leasing/staffing companies, an original Accord Certificate of Insurance which evidences the same coverage's ad endorsements required herein. Upon request from Contractor, Subcontractor shall deliver a certified copy of all policies of insurance required herein. 12.6 The Contractor, Owner, or other party involved with the Project, may or may not carry Builders Risk Insurance, and such decision is solely theirs and such parties are NOT obligated to carry such insurance for the benefit of the Subcontractor. If any party other than Subcontractor has purchased Builder's Risk Insurance and Subcontractor receives any payment pursuant to a claim made under such policy, then Subcontractor shall pay the same percentage of the deductible that his share of the payment received bears to the total payment made. If another party has not purchased Builders Risk Insurance for the full insurable value of Subcontractor's Work less a reasonable deductible, then Subcontractor may procure such insurance as will protect the interest of Subcontractor in the Work, at the Subcontractor's expense. If not covered under the Builders Risk Policy of insurance or any other property or equipment insurance required by the Contract Documents, Subcontractor shall procure and maintain at the Subcontractor's own expense property and equipment insurance for portions of Subcontractor's Work which has not been accepted. 12.7 The insurance provisions in this Agreement, including, but not limited to, any additional insured provisions are intended to comply with Chapter 151 of the Texas Insurance Code and shall be read as broadly as permitted to satisfy that intent. It is agreed that with respect to any legal limitations now or hereafter in effect and affecting the validity and enforceability of the additional insured obligation under this Paragraph 12, such legal limitations are made a part of the additional insured obligation to the minimum extent necessary to bring Paragraph 12 into conformity with the requirements of such limitations, and as so modified, the naming of additional insured obligation shall continue in full force and effect. 13. Unless otherwise stated herein, the Subcontractor will pay for all federal, state and local taxes, transportation and insurance charges in Short Form Subcontract Agreement - 2018 Page 5 of 6 DocuSign Envelope ID: 6F2B81D2-92DA-4DC0-9016-96CC65F3F521 connection with this Subcontract. Contractor shall have the express right of setoff of any amounts owed to Subcontractor under this Subcontract as against any amounts owed to Subcontractor under any other agreement. Contractor reserves the absolute right, but shall be under no obligation, to pay suppliers or laborers of Subcontractor directly and Contractor may deduct same from Subcontractor's Subcontract balance. Contractor maintains the absolute right, in its sole discretion, to issue joint checks at any time made payable to the supplier, laborer, vendor or sub -subcontractor and Subcontractor or to issue checks at any time directly to the supplier, laborer, vendor or subcontractor of Subcontractor, any such payments constituting payment to Subcontractor under this Agreement. 14. The Subcontractor warrants that it is familiar with all applicable federal, state and local laws, ordinances, rules, regulations, executive orders and requirements pertaining to nondiscrimination because of race, color, age, religion, sex, or national origin, and wage and hour standards and agrees to comply with the terms and provisions thereof and agrees to hold Contractor harmless from any violation of the same by Subcontractor. 15. Contractor may withhold amounts otherwise due under this Subcontract or any other agreement between the parties to cover estimates of costs of liability Contractor has incurred or may incur for which Subcontractor may be responsible under this Subcontract or any other agreement between the Parties. Contractor reserves the right to settle, in its sole and absolute discretion, any and all claims arising out of Subcontractor's Work with the Owner, Architect, or any other subcontractor. If amounts due Subcontractor under this Subcontract are insufficient to cover all expenses related to the settlement of claims, Subcontractor shall pay Contractor for such expenses immediately upon demand. 16. In the event one or more of the provisions of this Subcontract Agreement or any application thereof shall be invalid, unenforceable, or illegal, including, but not limited to, any attempted waiver of Chapter 56 of the Texas Business and Commerce Code or application of any indemnification obligation pursuant to Chapter 151 of the Texas Insurance Code, the validity, enforceability and legality of the remaining provisions and any other application thereof shall not in any way be impaired thereby. 17. This Subcontract includes all changes and addenda to date, constitutes the entire understanding of the parties hereto, and supersedes any prior proposals, understandings, correspondence and/or agreements related to the Work or this Subcontract. No agreement or modification to the terms of this Subcontract will be binding upon Contractor unless and until it is made in writing and signed by an authorized representative of the Contractor. 18. As used throughout this Agreement, the term "day" shall mean a calendar day unless otherwise specifically stated. 19. No general or limited partner, manager, member, officer, director, employee or shareholder of Contractor shall be personally liable for the performance of Contractor's obligations under this Agreement. The liability of Contractor for Contractor's obligations under this Agreement shall be limited to the amount of the Subcontract, and Subcontractor shall not look to any of Contractor's other assets for enforcement or satisfaction of any such obligation, nor shall Subcontractor seek recourse for such enforcement or satisfaction against any general or limited partner, manager, member, officer, direction, employee or shareholder of Contractor. 20. Employee Background Check Confirmation. In the event the Work is being performed subject to application of the Texas Education Code or as may otherwise be required by the Prime Contract, Subcontractor swears and affirms that Subcontractor has obtained, reviewed, and verified as required by Texas Education Code, Section 22.0834 the national criminal history record information from a law enforcement or criminal justice agency for each employee of the Subcontractor and the national criminal history record information from the Texas Department of Safety for each employee of Subcontractor who (a) have or will have continuing duties related to the contracted services, (b) have or will have direct contact with students. Subcontractor further swears and affirms no employees who meet the requirements of (a) or (b) above have been convicted of any offense identified in Section 22.085 of the Texas Education Code. Subcontractor shall submit to Contractor, upon request, the names and records of all employees working onsite. Short Form Subcontract Agreement - 2018 Page 6 of 6 Office: 526 N Britain Rd Irving TX 75061 Phone: 817.616-5544 INFRACONSTRUCTION Date: 08/19/2022 CERTIFICATE OF EMPLOYMENT To Whom It May Concern This is to certify that MR. Candelario Castanedo has been employed with Urban Infra Construction as a Forman. He has been earning $38.75 per hour with additional $3.75 per hour vehicle allowance. For more inquires and verification, please feel free to contact our office. Deneesha Shrestha AP/PR Manager pg. 1 URBAN INFRACONSTRUCTION U.S. Department of Labor PAYROLL Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm) Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. PNN0 ni Rev. Dec. 2008 NAME OF CONTRACTOR ® OR SUBCONTRACTOR ADDRESS 526 N Britain Rd OMB No.: 1235-0008 Urban InfraConstruction LLC Irving, TX 75061 Expires: 07/31/2024 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION 22003-FW Daggett & D Mc Rae Streets PROJECT OR CONTRACT NO. 14 08/13/2022 (1) (2) (3) (4) DAY AND DATE (5) (6) (7) (8) (9) Name and Individual Rate DEDUCTIONS Net Identifying number (e.g. last four digits of Social Security number) of worker # of W/H Exmp Work Classification Earn Code SUN MON TUE WED THU FRI SAT 08/07 08/08 08/09 08/10 08/11 08/12 O8/13 HOURS WORKED EACH DAY Total Hours of Pay Gross Amount Earned Wages Paid For Week FICA TIW/H State & Local Tax Union Deduc- tions Other Total Deductions Aparicio Mendez, Nor MO Carpenter REG 1 1 5.001 1 1 1 1 1 5.001 20.00 100.00 7.65 5.66 13.31 86.69 1,070.00 ***-**-4700 Campos, Juan Carlos MO Concrete OT I 1 1.00110.001 1 11.001 33.00 1,243.00 95.09 81.43 176.52 1,066.48 Finishers REG 1 111.00110.00110.0019.001 1 1 40.001 22.00 1,243.00 ***-**-1125 Claudio Moreno, Marco SO Operator REG I 110.00110.00110.00110.00140.001 24.00 960.00 73.44 81.31 154.75 805.25 960.00 -**-4890 Cruz, Alexander MO Common REG I 1 110.00110.00120.001 18.00 360.00 27.54 27.54 332.46 Laborer 360.00 ***-**-6799 Martinez, Raul SO Common OT 1 1 7.501 1 7.501 27.00 607.50 46.47 50.56 97.03 510.47 Laborer REGI I 1 110.00110.001 2.501 1 22.501 18.00 922.50 **-8655 Mena, Armando MO Concrete OT 1 1 8.001 1 8.001 34.50 368.00 28.15 23.30 51.45 316.55 Finishers REG I I 1 1 4.001 1 4.001 23.00 1,196.00 - *-1492 Mendez Ortiz, Heracleo MO Operator OT 1 8.001 1 8.001 36.00 384.00 29.38 25.25 54.63 329.37 REG 1 1 4.001 1 4.001 24.00 1,248.00 -**-3683 While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis -Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden Statement We estimate that it will take an average of 55 minutes to complete this collection, including time for reviewing instructions searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, ESA, U. S. Department of Labor, Room S3502, 200 Constitution Avenue, N. W., Washington, D. C. 20210. U.S. Department of Labor PAYROLL Wage and Hour Division awHo (For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm) U.S. Wage and Hour Division Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rev. Dec. 2008 NAME OF CONTRACTOR ® OR SUBCONTRACTOR ❑ ADDRESS 526 N Britain Rd OMB No.: 1235-0008 Urban InfraConstruction LLC Irving, TX 75061 Expires: 07/31/2024 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION 22003-FW Daggett & D Mc Rae Streets PROJECT OR CONTRACT NO. 14 08/13/2022 (1) (2) (3) (4) DAY AND DATE (5) (6) (7) (8) (9) Name and Individual Rate DEDUCTIONS Net Identifying number (e.g. last four digits of Social Security # of W/H Work Earn SUN MON TUE WED THU FRI SAT 08/07 08/08 08/09 08/10 08/11 08/12 08/13 Total of Pay Gross Amount State & Union Local Deduc- Total TTa Wages Paid number) of worker Exmp Classification Code Hours Earned[FICAW/H Tax tions Other Deductions For Week HOURS WORKED EACH DAY Ortiz, Epifanio MO Concrete OT I 1 1.00110.001 1 11.001 31.50 1,186.50 90.77 74.67 165.44 1,021.06 Finishers REG 11.0010.0010.00 9.001 1 40.001 21.00 1,186.50 Rodriguez, Manuel MO Concrete REG I 1 10.001 10.001 10.001 10.00 40.001 21.00 840.00 64.26 34.12 98.38 741.62 Finishers 840.00 ***-**-9321 Rojas Resendiz, Martin MO Concrete REG 5.00 5.00 21.00 105.00 8.03 6.27 14.30 90.70 Finishers 1,123.50 ***-**-5499 While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis -Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden Statement We estimate that it will take an average of 55 minutes to complete this collection, including time for reviewing instructions searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, ESA, U. S. Department of Labor, Room S3502, 200 Constitution Avenue, N. W., Washington, D. C. 20210. Date 08/18/22 I, Deneesha Shrestha Accountant (Name of signatory party) (Title) do hereby state: (1) That I pay or supervise payment of the persons employed by Urban InfraConstruction LLC on the (b) WHERE FRINGE BENEFITS ARE PAID IN CASH Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in Section 4 (c) below. (c) EXCEPTIONS (Contractor or Subcontractor) FW Daggett & D Mc Rae Streets ; that during the payroll period commencing on the EXCEPTION (CRAFT) (Building or Work) 7th day of August , 2022, and ending the 13th day of August 2022 , all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Urban InfraConstruction LLC from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 3145), and described below: FICA, Medicare, Federal Withholding Taxes (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide appren- ticeship program registered with a State apprenticeship agency recognized by the Bureau of Appren- ticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in Section 4(c) below. KtMAKKS: Deneesha Shrestha Accountant ATU WAR EXPLANATION HE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 3729 OF ITLE 31 OF THE UNITED STATES CODE. KimlerMorn REQUEST FOR INFORMATION Project: RFI #: 005 Safe Routes to School Improvements Daggett and D. McRae Project No.: City No. 102403 Date Sent: 06/29/2022 KHA No. 061018211 Sender: Urban Infraconstruction Receiver: Kimley-Horn and Associates, Inc. Copies To: City of Fort Worth Subject: Retaining Wall at Robert Street Request: 1. We are proposing to add retaining wall around the drive approaches near sta 76+00. Current plan sheets does not call out for walls. Also, the existing slope is already at 20% on the drive approach at station 76+00. Please let us know how we can proceed with this. Please review and respond. Sender's Proposed Answer/Solution: 1. Add retaining walls. THE PROPOSED ANSWER/SOLUTION❑ IS, ® IS NOT, INCLUDED IN THE CONTRACT. Receiver's Response: 1. The City agrees with the addition of the retaining walls shown in the red lines of the RFI submitted. 2. The proposed alley driveway approach shall also be extended, with walls on each side as needed to reach grade. The slope should approximately match the grade of the driveway just to the west, 25%+/-. Refer to attached picture. Response By: Company: Date: Scott R. Arnold, P.E. Kimley-Horn and Associates, Inc. 07/11/2022 TX (96782) Texas Registration No. F-928 DISTRIBUTION: City of Fort Worth, Texas, Urban Infraconstruction, and KHA Project File 4, . rY. - �:, • ,a ii // _ ,gyp( II ` ,��F I • • ••• -• • �1 •� t° y.driveway to meet grade. Install walls on _ach side a �� until existing grade is met. �E •�i�[ 'F� �i� '�' �" � 'mil Sri SY_�"e �•� ::5+. �� �'+`'�`n's yh,y�� a{� 1 Y _"'. +ra,:4sT, s. '`X � , .y K j F+.'.1 �;iN-•E �.y i .mays r � •.R ,� a z �:�-�3J*� � . ,fit, .. #s��) Mloon INFRACONSTRUCTION RFI #: 005 Job # 102403 Date Sent: 6/29/2022 Job: Response Needed by: 6/30/2022 Dagget and D McRae SRTS Response Date: Topic: Retaining Wall at Robert St uescripvon: We are proposing to add retaining wall around the drive approaches near sta 76+00. Current plan sheets does not call out for walls. Also, the existing slope is already at 20% on the drive approach at station 76+00. Please let us know how can we proceed with this. Please review and respond. Plan Sheets Referenced: Response: C2.03 PROP`4' SIDEWALK (9 6V)� CONNECT TO EX K(9 S) (j+ Lm s. e�oc a:"" uon:rxs soacea PROTECT STREET LIGHT EX FIRE HYDRANT AND REPLACE 17 SY ropo e�{ RRptaj i a Wall (RE: C0.03E) I I �RSP 3 3 C�E PROTECT BRICK AND w (vµm JwE vcao)x s W ELECTRICAL BOX TO REMAIN me,µ wcz no r x OF EX DRVEWAY EX WATER VALVE m u I RET WALL (0.5 CY) METAL FENCE (\ai xs:o, x. eo) (RE: 0003E BOX iD BE REPLACE 20 SY I PROP 4' SIDEWALK u•`n'c PROP 2-3' CONC Iw w..s zn� I ADJUSTED (2 EA) roL �•zv, w. zn) OF EX DRIVEWAY (22 SY) nuo uun nwenx • umnevz INSTALL TXDOT `A I _ 2 O I _ -RET WALL - — - iV 7 CURB t0 _ _ _ _ ROW _ _ _ - _ - -ROW - L RAMP (2 EA) Q L PROP 2-J' - - N CONC RET WALL 0 .0' INSTALL TXDOT •" ME TO EX TY 7 CURB 13.5• PROP SDEWALK v PROP TREE, SIDEWALK PROP 4" CONC RAMP (2 EA) PROP ♦ CONC ADJACENT TO RET •PROP CURB & A4W RIP RAP (5 SV) 74aa0 RIP RAP (11 SY) WALL (765 SF) T6wOD GUTTER - 293 LF PROTECTION—T7ARpp t--1- --� - - -�-- PROP BDEWALX INSTALL TXDOT TY 7 Iqp ROBERT STREET PROP 4• SIDEWALK ADJACENT TO RET 13.0' CURB RAMP (2 EA) (12 5Y) WALL (423 SF) PROTECT 5TREET LIGHT (RE; C0.03E) u — _ - - -;F, NSTALL TXDOT TY 77-- ROW A WRB RAMP (2 EA) LOT 12RPROTECT STgJE WALL PORTION OF LOT t(RE: CO.03E)PROP 4' SIDEWALK SY) CONNECT I PROP 4' SIDEWALK(26 ��� seams I I case. Acouo-E TO EX SIDEWALK (8 SY) CONNECT .E I TO EX SIDEWALK I I I 3'< GRAPHIC SCALE IN FEET NORTH 0 10� IF SHEET IS 11X17, SCALE IS T"=40' ---- EX ROW ---- EX APPROX ROW — — — EX UTILITY EASEMENT 1ROE LIMITS — X — FENCE LINE PROP CONCRETE CURB ® PROP CONCRETE CURB AND GUTTER PROPOSED CONCRETE 0 SDEWALK/CURB RAMP PROPOSED CONCRETE DRIVEWAY PROPOSED RETAINING WALL TRUNCATED DOMES ® RAMP (B.W% MAX SLOPE) © LANDING (2% MAX SLOPE IN ANY DIRECTION) O XX% GRIVEWAY TYPE AND SLOPE RE: SHEET CO.OSA TEL 1. SEE SHEET 00.03E FOR PROJECT SPECIFIC NOTES. 2. UNDERGROUND STREET LIGHT WIRING IS PRESENT THROUGHOUT DAGGETT ELEMENTARY PROJECT AREA. IF CONDUIT IS HIT, CONTACT TPW STREET UGHTS DEPARTMENT AT 817-392-7738 THE CONTRACTOR SHALL CONTACT THE FOLLOWING AT LEAST 48 HOURS PRIOR TO CONSTRUCTION: AT&T 1-80 WI-0500 FORT WORTH T&PW (817)-392-8100 ATAOS ENERGY (817)-207-2821 MOM ELECTRIC (888)-313-6862 TXU ENERGY (972)-791-2888 • ALL OTNERWCILITES 1-800-DIG-TESS MAP CO NO. 78-P, 78-0, 78-T, 7S-U n coo ?4P+�'IF+IIII zsm svus rw �, '•L' I ^1II S•� CEN•5•f4��p�� 8/3/2021 Kimley»)Horn 2021 KIMLEY-HORN AND ASSOCIATES, INC. BPE REGISTERED ENGINEERING FIRM F-928 801 CHERRY STREET, SUITE IWO FORT WORTH. TEXAS 76102 P: B7-335 — F: N7-335-5070 WWW.KIMLEY-HORN.COM o TEXAS DEPARTMENT OF TRANSPORTATION © 2021 FY 2018 SAFE ROUTE TO SCHOOL (SRTS) IMPROVEMENTS DAGGETTELEMENTARY SCHOOL PAVING LAYOUT - ROBERT ST BEGIN TO END C2.03 r� _ r / � r �� �' ��) ��� /� Igo-[ r { �` J• � f ...�888 I ♦, x�i '9. .r .I a r r r n n 1� X � T• y v � ten ' ,.. � JJ �L• !^ y T ..,Proposed -� Y er r aK;retainin FAW ot e � L r c � C t /g{ - -a5' �.� i. � �a� t� .y: � �`a��✓a i�i..a� 441�,' � `� ,� '� yiyC 46.^ �• 7 % fir', � .c 4 h '`g ( �y l -• II �� , `S"£ '"1.�4�? 'Y 4,04 •flu G, _ i f1 1 I IA, h � - ;pyL 102403-CNCO-Construction Change Order No. 1 — Daggett and D McRae SRTS Improvements Final Audit Report 2022-12-19 Created: 2022-12-16 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAA_ge5CwLaTv18uM3KTPCjupRKWZKvAP8G "102403-CNCO-Construction Change Order No. 1 — Daggett an d D McRae SRTS Improvements" History `. Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2022-12-16 - 3:21:26 AM GMT- IP address: 204.10.90.100 Document emailed to Misty.Davila@fortworthtexas.gov for filling 2022-12-16 - 2:14:52 PM GMT Document emailed to anup@urbaniconstruct.com for signature 2022-12-16 - 2:14:52 PM GMT Document emailed to william.toohey@fortworthtexas.gov for signature 2022-12-16 - 2:14:52 PM GMT Document emailed to brendan.mcinnes@fortworthtexas.gov for signature 2022-12-16 - 2:14:52 PM GMT Email viewed by Misty.Davila@fortworthtexas.gov 2022-12-16 - 2:16:39 PM GMT- IP address: 204.10.90.100 Q Signer Misty.Davila@fortworthtexas.gov entered name at signing as Misty Monique Davila 2022-12-16 - 2:17:24 PM GMT- IP address: 204.10.90.100 6�6 Form filled by Misty Monique Davila (Misty.Davila@fortworthtexas.gov) Form filling Date: 2022-12-16 - 2:17:26 PM GMT -Time Source: server- IP address: 204.10.90.100 Email viewed by anup@urbaniconstruct.com 2022-12-16 - 2:21:52 PM GMT- IP address: 104.28.97.15 Email viewed by william.toohey@fortworthtexas.gov 2022-12-16 - 2:46:15 PM GMT- IP address: 204.10.91.100 FORTWORTHS I P—e"Y Adobe Acrobat Sign Email viewed by anup@urbaniconstruct.com 2022-12-17 - 4:16:23 PM GMT- IP address: 172.226.175.25 Email viewed by william.toohey@fortworthtexas.gov 2022-12-17 - 4:20:50 PM GMT- IP address: 204.10.90.100 . Signer william.toohey@fortworthtexas.gov entered name at signing as William M. Toohey Jr. 2022-12-17 - 4:22:06 PM GMT- IP address: 204.10.91.100 Document e-signed by William M. Toohey Jr. (william.toohey@fortworthtexas.gov) Signature Date: 2022-12-17 - 4:22:08 PM GMT - Time Source: server- IP address: 204.10.91.100 Email viewed by brendan.mcinnes@fortworthtexas.gov 2022-12-17 - 7:06:51 PM GMT- IP address: 132.147.145.82 Signer brendan.mcinnes@fortworthtexas.gov entered name at signing as Brendan McInnes 2022-12-17 - 7:07:24 PM GMT- IP address: 132.147.145.82 Document e-signed by Brendan McInnes (brendan.mcinnes@fortworthtexas.gov) Signature Date: 2022-12-17 - 7:07:26 PM GMT - Time Source: server- IP address: 132.147.145.82 Email viewed by anup@urbaniconstruct.com 2022-12-18 - 9:59:39 PM GMT- IP address: 172.226.81.2 GQ Signer anup@urbaniconstruct.com entered name at signing as Anup tamrakar 2022-12-19 - 6:50:45 AM GMT- IP address: 104.9.233.53 Document e-signed by Anup tamrakar (anup@urbaniconstruct.com) Signature Date: 2022-12-19 - 6:50:47 AM GMT - Time Source: server- IP address: 104.9.233.53 Document emailed to Chad.Allen@fortworthtexas.gov for signature 2022-12-19 - 6:50:53 AM GMT ltj Email viewed by Chad.Allen@fortworthtexas.gov 2022-12-19 - 2:40:52 PM GMT- IP address: 204.10.90.100 Document declined by Chad.Allen@fortworthtexas.gov Decline reason: The TxDOT change order forms need to be added. Brendan will contact Andrea. 2022-12-19 - 3:03:33 PM GMT- IP address: 204.10.90.100 FORTWORTHS I P—led6y Adobe Acrobat Sign INSTRUCTIONS FOR PREPARING THE CHANGE ORDER (Local Agency) The following information is provided to assist you in preparing the Change Order (CO). 1 Insert the Contractor's name as it appears in the contract. 2 Insert the work limits for the Change Order. 3 Indicate if a change is major or minor. 4 Give a narrative of the revised work being authorized in the change order. If the CO affects pedestrian elements, state in the narrative that a copy of this CO must be sent to the Field Coordination Section of the Design Division. Address time by one of the following methods: 1) Add the time extension number and time in the box provided. 2) State in the narrative that no time is added by this CO. 3) State in the narrative that time will be addressed later in the project when the time impact of the change order is better known. Methods 1 and 2 are preferred. Method 3 should not be a normal practice. If time can not be agreed on with the contractor upon execution of a CO, method 3 is acceptable. In this case, time associated with this CO will be non- participating until the time justification is provided. 5 Attach any new/revised plan sheet(s). 6 For TxDOT use only. The TxDOT representative must designate if this change order is participating by providing a value for the days and amount participating. If the change order is non -participating, enter a zero "0" in the fields. 7 Direct the contractor to sign in the contractor's signature block. 8 Affix the seal of the authorized local representative in the space located at the left corner of the bottom of the CO Form. Adhere to Change Order Approval Policy of local agency. TXDOT Form 2146-L INSTR (Rev. 10/11) Page 1 of 1 DocuSign Envelope ID: 09480A7A-FCB8-4AF2-8CO2-48F42B54OA9D Form (Rev.10/161)t CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 001 Page 1 of 1 1. CONTRACTOR: Urban Infraconstruction, LLC 2. Change Order Work Limits: Sta. Roberts STA 76+85 to Sta. Roberts STA 77+10 3. Type of Change (on federal -aid non-exempt projects): Minor (Major/Minor) 4. Describe the change and the reason for the change order. When necessary, include exceptions to this agreement. This change order is necessary in order to compensate the contractor for excavation of an alley that was not accounted for in the project plans that was required to properly grade a driveway. Contractor submitted RFI 05 requesting clarification of the grading and compensation for this driveway. Engineer reviewed the RFI and provided a solution in their response. City and Contractor agreed to use a Force Account method to track the actual costs. 5. New or revised plan sheet(s) are attached and numbered: N/A Each signatory hereby warrants that each has the authority to execute this Change Order. By signing this change order, the contractor agrees to waive any and all claims for additional compensation due to any and all other expenses; additional changes for time, overhead and profit; or loss of compensation as a result of this change. Further, the contractor agrees that this agreement is made in accordance with Item 4 and the Contract. Exceptions should be noted in the response for #5 above. THE CONTRACTOR By AnuPtai , ar( Dec 22,2,12209_12 CST) Typed/Printed Name Anup tamrakar I Typed/Printed Title CEO RECOMMENDED FOR EXECUTION: Date Dec 22, 2022 W. % Dec 22, 2022 William M_ Tmh,y J r_ (D,, 22, 2022 OR. 17 CST Name/Title Inspector Date owda- Dec 22 2022 Brendan McInnes (Dec 22, 202211:07 CST) 7 Name/Title Project Manager Date LU6� Dec 23, 2022 Name/Title project Manager Date 1,L a.L_ Jan 3 2023 Lissette Acevedo, PE (Jan 3, 2023 11:36 CST) Name/Title Interim Sr. CPO Date Engineer's Seal: CCSJ: Project: Highway County: District: Contract Number: The following information must be provided Time Ext. #: 0 Days added on this C.O.: 0 Amt. added by this change order: $777.41 For TxDOT use only: Days participating: Amount participating: �o�s9a_v f 1/9/2023 �tihttfY@ Date )avid Neeley Name/Title :•�-��«,.,,_ J a n 3, 2023 Name/Title Interim AD-TPWCDD Date ®APPROVED REQUEST APPROVAL Jan 3 2023 Lau rc n P ricu r (J a n 3, 2023 20:57 CST) Name/Title Interim TPW Director Date APPROVED ❑ REQUEST APPROVAL '/'' Jan 4, 2023 Name/Title Assistant City Attorney Date ®APPROVED ❑ REQUEST APPROVAL Jan 5, 2023 William Johnson (Ja 5, 202311:45 CST) Name/Title Assistant City Manager Date ® APPROVED c� ' � i a n 5, 2023 Ji,et[e S_ Goodall iJan 5, 202313_ ST) City Secretary CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 001 Estimated Cost: $777.41 CCgJ: 0902-90-083 TABLE A: Force Account Work and Materials Placed into Stock Paid by Invoice? (❑ Yes ® No ) LABOR HOURLY RATE EQUIPMENT HOURLY RATE TABLE B: Contract Items ORIGINAL + PREVIOUSLY REVISED NEW ITEM DESCRIPTION UNIT UNIT PRICE QUANTITY ITEM COST QUANTITY ITEM COST OVERRUN/ UNDERRUN 9608-6001 UNIQUE CHANGE ORDER ITEM #1 Driveway Excavation (UOM:DOL) DOL 1.00 0.00 0.00 777.41 777.41 777.41 TOTALS 0.001 1777.41 777.41 TXDOT Form 2146-L TAB (Rev. 10/11) Page 1 of 2 CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: TABLE B: Contract Items (Continued) CCSJ: ORIGINAL + PREVIOUSLY NEW REVISED ITEM DESCRIPTION UNIT UNIT PRICE QUANTITY ITEM COST QUANTITY ITEM COST OVERRUN/ UNDERRUN The "Totals" from Table B of the previous work sheet: 0.00 777.41 777.41 TOTALS 0.00 777.41 777.41 TXDOT Form 2146-L TAB (Rev. 10/11) Page 2 of 2 102403-CNCO-Construction Change Order No. 1 — Daggett and D McRae SRTS Improvements Final Audit Report 2023-01-04 Created: 2022-12-22 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAAwkDDMTw9oGg43tLrHig-soPAKsxwSfR7 "102403-CNCO-Construction Change Order No. 1 — Daggett an d D McRae SRTS Improvements" History Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2022-12-22 - 2:44:54 AM GMT- IP address: 204.10.90.100 '. Document emailed to Misty.Davila@fortworthtexas.gov for filling 2022-12-22 - 2:10:32 PM GMT �'y Document emailed to anup@urbaniconstruct.com for signature 2022-12-22 - 2:10:32 PM GMT P* Document emailed to william.toohey@fortworthtexas.gov for signature 2022-12-22 - 2:10:33 PM GMT P4 Document emailed to brendan.mcinnes@fortworthtexas.gov for signature 2022-12-22 - 2:10:33 PM GMT Email viewed by anup@urbaniconstruct.com 2022-12-22 - 2:11:14 PM GMT- IP address: 104.28.97.28 GHQ Signer anup@urbaniconstruct.com entered name at signing as Anup tamrakar 2022-12-22 - 2:12:20 PM GMT- IP address: 72.181.201.158 60- Document e-signed by Anup tamrakar (anup@urbaniconstruct.com) Signature Date: 2022-12-22 - 2:12:22 PM GMT - Time Source: server- IP address: 72.181.201.158 Email viewed by william.toohey@fortworthtexas.gov 2022-12-22 - 2:15:00 PM GMT- IP address: 204.10.91.100 CS© Signer william.toohey@fortworthtexas.gov entered name at signing as William M. Toohey Jr. 2022-12-22 - 2:17:34 PM GMT- IP address: 204.10.91.100 FORTWORTHS I P—e"Y Adobe Acrobat Sign �=,6 Document e-signed by William M. Toohey Jr. (william.toohey@fortworthtexas.gov) Signature Date: 2022-12-22 - 2:17:36 PM GMT - Time Source: server- IP address: 204.10.91.100 Email viewed by Misty.Davila@fortworthtexas.gov 2022-12-22 - 2:19:39 PM GMT- IP address: 204.10.90.100 ^, Signer Misty.Davila@fortworthtexas.gov entered name at signing as Misty Monique Davila 2022-12-22 - 2:20:07 PM GMT- IP address: 204.10.90.100 6 Form filled by Misty Monique Davila (Misty.Davila@fortworthtexas.gov) Form filling Date: 2022-12-22 - 2:20:09 PM GMT - Time Source: server- IP address: 204.10.90.100 Email viewed by brendan.mcinnes@fortworthtexas.gov 2022-12-22 - 5:05:45 PM GMT- IP address: 107.120.35.73 Signer brendan.mcinnes@fortworthtexas.gov entered name at signing as Brendan McInnes 2022-12-22 - 5:07:12 PM GMT- IF address: 107.120.35.73 Document e-signed by Brendan McInnes (brendan.mcinnes@fortworthtexas.gov) Signature Date: 2022-12-22 - 5:07:14 PM GMT - Time Source: server- IP address: 107.120.35.73 Document emailed to Chad.Allen@fortworthtexas.gov for signature 2022-12-22 - 5:07:19 PM GMT - Email viewed by Chad.Allen@fortworthtexas.gov 2022-12-23 - 5:57:57 PM GMT- IF address: 204.10.90.100 o Signer Chad.Allen@fortworthtexas.gov entered name at signing as Chad Allen 2022-12-23 - 6:02:20 PM GMT- IP address: 204.10.90.100 GS© Document e-signed by Chad Allen (Chad.Allen@fortworthtexas.gov) Signature Date: 2022-12-23 - 6:02:22 PM GMT - Time Source: server- IP address: 204.10.90.100 P4 Document emailed to Lissette.Acevedo@fortworthtexas.gov for signature 2022-12-23 - 6:02:28 PM GMT Email viewed by Lissette.Acevedo@fortworthtexas.gov 2022-12-30 - 6:09:21 PM GMT- IP address: 40.94.28.254 New document URL requested by brendan.mcinnes@fortworthtexas.gov 2023-01-03 - 1:11:20 PM GMT- IP address: 70.241.106.163 Email viewed by Lissette.Acevedo@fortworthtexas.gov 2023-01-03 - 5:35:26 PM GMT- IF address: 204.10.90.100 G3© Signer Lissette.Acevedo@fortworthtexas.gov entered name at signing as Lissette Acevedo, PE 2023-01-03 - 5:36:52 PM GMT- IP address: 204.10.90.100 FORTWORTHS I P—led6y Adobe Acrobat Sign U Document e-signed by Lissette Acevedo, PE (Lissette.Acevedo@fortworthtexas.gov) Signature Date: 2023-01-03 - 5:36:54 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Michael.Owen@fortworthtexas.gov for signature 2023-01-03 - 5:37:00 PM GMT Email viewed by Michael.Owen@fortworthtexas.gov 2023-01-04 - 2:10:22 AM GMT- IP address: 204.10.90.100 �=b Signer Michael.Owen@fortworthtexas.gov entered name at signing as Michael Owen 2023-01-04 - 2:13:18 AM GMT- IP address: 204.10.90.100 �© Document e-signed by Michael Owen (Michael.Owen@fortworthtexas.gov) Signature Date: 2023-01-04 - 2:13:20 AM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Lauren.Prieur@fortworthtexas.gov for signature 2023-01-04 - 2:13:25 AM GMT Email viewed by Lauren.Prieur@fortworthtexas.gov 2023-01-04 - 2:56:47 AM GMT- IP address: 108.209.194.42 6Q Signer Lauren.Prieur@fortworthtexas.gov entered name at signing as Lauren Prieur 2023-01-04 - 2:57:30 AM GMT- IP address: 108.209.194.42 GS© Document e-signed by Lauren Prieur (Lauren.Prieur@fortworthtexas.gov) Signature Date: 2023-01-04 - 2:57:32 AM GMT - Time Source: server- IP address: 108.209.194.42 P4 Document emailed to Priscilla.Ramirez@fortworthtexas.gov for approval 2023-01-04 - 2:57:38 AM GMT Document emailed to Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) for approval 2023-01-04 - 2:26:48 PM GMT Email viewed by Andrea Munoz (Andrea. Mu noz@fortworthtexas.gov) 2023-01-04 - 2:42:15 PM GMT- IP address: 204.10.90.100 Document approved by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Approval Date: 2023-01-04 - 2:42:26 PM GMT - Time Source: server- IP address: 204.10.90.100 C'y Document emailed to Douglas.Black@fortworthtexas.gov for signature 2023-01-04 - 2:42:27 PM GMT Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) added alternate signer Richard.McCracken@fortworthtexas.gov. The original signer Douglas.Black@fortworthtexas.gov can still sign. 2023-01-04 - 2:48:49 PM GMT- IP address: 204.10.90.100 C`y Document emailed to Richard.McCracken@fortworthtexas.gov for signature 2023-01-04 - 2:48:50 PM GMT FORTWORTHS I Pawered6y Adobe Acrobat Sign Email viewed by Richard.McCracken@fortworthtexas.gov 2023-01-04 - 3:16:16 PM GMT- IP address: 204.10.90.100 Document canceled by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2023-01-04 - 8:25:48 PM GMT- IP address: 204.10.90.100 FORTW❑RTH, I "'Id'/ Adobe Acrobat Sign FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Construction Change Order No. 1— Daggett and D McRae SRTS Improvements M&C: 21-0973 CPN: 102403 CSO: 57093 DOC#: 1 Date: To: Name Department Initials Date Out 1. Bus. Support Partner — Misty TPW-initial » Dec 22, 2022 2. Anup Tamrakar - Contractor Contractor Dec 22, 2022 3. 1 William Toohey - Inspector TPW - sign MT Dec 22, 2022 4. Brendan McInnes —Project Manger TPW-initial Dec 22, 2022 5. Chad Allen — Contract Compliance Mngr TPW - sign CA Dec 23, 2022 6. Chad Allen — Interim Program Manager TPW - sign Sir— Dec 23, 2022 7. Lissette Acevedo — Interim Senior CPO TPW - sign 9N Jan 3, 2023 8. Michael Owen — Interim Asst. Director TPW - sign -o Jan 3, 2023 9. Lauren Prieur — Interim Director TPW - sign LLP Jan 3, 2023 10. Jeremy Anato-Mensah — City Attorney Legal - sign Jan 4, 2023 11. William Johnson - ACM CMO - sign w, Jan 5, 2023 12. Jannette Goodall - CSO CSO - sign Jan 5, 2023 13. TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES NNo RUSH: ❑YES NNo SAME DAY: ❑YES NNo NEXT DAY: ❑YES NNo ROUTING TO CSO: EYES ❑No Action Required:_ ❑ As Requested ❑ For Your Information N Signature/Routing and or Recording ❑ Comment ❑ Attach Signature, Initial and Notary Tabs ❑ File Return To: TPWContracts0fortworthtexas.aov, for pick up when completed; list "Please call Brendan ext # 2817 for questions. Thank you. "