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Contract 59086-PM1
FoRTt WoRT+ CSC No. 59086-PM1 PROJECT MANUAL FOR THE CONSTRUCTION OF Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House IPRD Record No. 21-0157 City Project No. 103819 Mattie Parker David Cooke Mayor City Manager Chris Harder, P.E. Director, Water Department Lauren Prieur, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth May 2023 Prepared by: Kimley)))Horn Texas Registered Engineering Firm F-928 801 Cherry Street, Suite 1300, Unit 11 Fort Worth, TX 76102 817.339.2275 05/12/2023 Kimley-Horn No. 061289703 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 SECTION 00 0010 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions nn� rfwit tief to Bid efs Last Revised 03 /v�r20/2020 00 41 00 00 42 43 nn� Bid Fe Proposal Form Unit Price Bid Bon nn inter '�4 05/22/2019 04 in 4 nn� 00 45 12 Bidders n-o,,, alifieatio ' Prequalification Statement 04/04 09/01/2015 nn� Bidder nro,,, alit ,.atie,, ,Wlioatian 03 in 0 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 i 00 45 40 00 52 43 Minority Business Enterprise Goal Agreement 04 8 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 i i ii 00 72 00 00 73 00 General Conditions Hipp"--��ntar Ce T 07 in�11 0073 10 Standard City Conditions of the Construction Contract for Developer 01/10/2013 Awarded Projects Division 01 - General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 2500 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 013120 P!' (jzyt 1'leefings 07/01/2011 01 3233 Preconstruction Video 08/30/2013 01 3300 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 6000 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 7123 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents: NONE Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: htti):Hfortworthtexas.2ov/ti)w/contractors/ or htti)s://apps.fortworthtexas.2ov/Proi ectResources/ Division 02 - Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03 - Concrete 03 30 00 Caa In Pktoe Coner-ete 03 34 13 Controlled Low Strength Material (CLSM) nz� (`.,,, a fete Base Material for Tfeneh Repair 03 80 00 Medifieationo � E7,dling Cenereto & ruotures Division 26 - Electrical 26 05 00 Com ie"�k- Ravahz f r Eleetfieal 26 05 43 Unde ound Ducts and Raee.. ays f f EleetfiealSystems Division 31 - Earthwork 31 1000 Site Clearing 231 231 Berrew 3124-00 Embankments 31 25 00 Erosion and Sediment Control 31 36 00 Cabiens 313700 Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 31Q 11 231 Flexible Base r,,,, .sos- 32 11 21) Lime .- e To., e Base r,.ufses ,�2 1133 Gefne,tt Treated Base r..ufses 32 11 2' Liquid7 „TreatedSoil Stabilize 32 1216 Asphalt Paving 32 1273 Asphalt Paving -Crook F-mlkxits 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps Date Modified CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 32 1373 27� Gene,.ete n.,.,;� Zoi t C t9 g B -iek Unit D: 3 27� 2'1� ate C1, wid GyAte -s and Valley l ems, Gu#efs Pa-yef efA Markings G b Address Dai ti.-.,. 3'�y 323129 323213 Z'� 27� Wi -e > e,.ees alld Gates Weed Fenees a -ad Gates Cast i Dlaee Gene.-ete Retaining Walls Topse;l Dlaeemea-Id Fittk*i g e f Pa fL,.,ays > >en Se, diflg Hydro Ti1.,le1 ing Seeding, Trees 3293 43 and Shrubs Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 3303 10 22�o Bypas3 PunT.: ng of Existing Sewer Systems E eetr e.,l isol.,tio... joint Banding 33 04 11 and C_-\von Control Test Stations 22�2 Magnizz1.urn A no a Catl.e.l;e P foteefio Syste...., 22�00 22�0 TZ-.si _-\va y A7I7.,�.;..ems Cleaning and A eeept.,.,.ee Testing of Water Mains 32�0 3305 10 Cleaning of Sewe f Mains Utility Trench Excavation, Embedment, and Backfill 3305 12 3305 13 �--v�-r�-zv 3305 13.10 Water Line Lowering Ffame, Covef and r_,.a e Rings —Cast ken >~,.ame �a n a e Rings to rresrri�C6v—e9mpvSicc 33 05 1 n T� 11054-6 Other- Sttfuetuest9 Adjusting Manholes, inlets, Valve Boxes, Other -es, and Grade CG\-.,cx&0 W.,te. 3305 17 3 Z5200 330521 21 Concrete Collars g Tunnel T ine f D14e 330522 22 330523 23 330524 24 Steel !''.,sing D;..e LT.,.-..1 Tunneling histall.,t;e.. .,fGaf-;e- Pipe i Gasi g or Tunm�l Lm to 1\l .Le-s/T ee.,te-s 330526 26 33 05 30 Utility Location of Existing Utilities 33 1105 � [\'�1'ldsk Gaskets Belt, l`iu��, 33 1110 Milo Lvn Pirc 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe P_ 11 13 Gener-etc ProoGure Pine, Bel Ax7.-apped, Steel Cylinder- Type 1.33 11 1 � Btifie,1 Steel Pipe and Fittings 33 11 15 We St,.esse,1 Go e.ete Cylifi er- 33 1210 Water Services 1-inch to 2-inch 33 12 11 Large Water Meters 2 2�o Resilient Seated !`_.,te Valve CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place - Phase II - Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 331221 AAVW4 Rul'r.'�/v Ee te,l BtWe ffly Valves 33 1225 33 1230 Connection to Existing Water Mains rembin t:en A:. Valve Assemblies l.l;e for Potable WeAef Systems 33 1240 Fire Hydrants 33 1250 32 1260 Water Sample Stations Standffd Blew off V l.,e A sse,..b! 33-31 12 33 31 13 22� Gtwe,l i Dl.,ee Pipe (CIPD\ Fli _A!muc ne n f -ee,l Pipe f . G.-.,.,:t.- [;ayft -SeW2r-R High Density Polyethylene (14DPE4 Pipe for- C'anita-y Se..,e,- Del.,yiti ,1 !''l.lofi a (PVC) Closed Profile !_,a-y ty San tafy Sewe 33 Pi L Npe 3,31 3122 Sanitary aem Uip T/.sir.g 3-31 3123 333150 Sanitary ce..,e,- Pipe 1~,.1arge..,e,t Sanitary ee..,e,- ee,.,;ee C,,n °°bons SeFy ee r 333170 and Combination A if Valve for San tafy Sewer- Foree l,4aiB� 33 39-1-0 33 39 20 22� 33 3940 Cast i Ul.,ee Core-ete Manholes Pr-eeast Co e.ete Manholes Fiberglass Manholes Wastewater- n eeess Chamor (W-AQ 33 39 60 Epoxy r ; e s for- Sanitary Se..,zr F�ruc-u e-S neinf Cone,-ete lye t� 334 10 22 11 1 1 r-ee,l Stennn Selo,er Pipe/C High Density Polyethylene (LIDPE) Dr1:, oFm Dmx& 3341 12 33 4600 Reinforced Polyethlene (SRPE) Pipe Subdr-ainage 33 4601 S1ettedStcfm Drain 33 4602 Trendh Domains 33 49 10 22� 22� Cast -in -Place Manholes and Junction Boxes Curb and Drop inlets Ste,-.. Drainage Headwalls .,,...1 W:n,...,.,lls Division 34 - Transportation 24 ^�-�z-i 0.001 24 ^�-4z-i .02 ^r tt cent Cabinet ae.,rcnt ollef ^z ttaehment✓r eifieativn 24 41 10 �03 � Att rrccci e13t-C---S6 �3'� Srwifieatio 2/1 11 13 Removing T- -af e Signals ?i1 11 15 Reetangular Rap,a Flashing Be�eeN 34 41 16 Pao Irian Hybrid Signal 34 4120 Readwy Illursinate n Assemblies 34 4120.01 Aftcr,r�. =Icy !jamina rvs 24 ^�02 Freeway LED Read..,.,., .T.iamina2Yv6 2 ^ ^�03 Re�tial. ;lam P_aa lidminanms 34 4130 Aluminum fi girs 3471 13 Traffic Control CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 Appendix GT42-4J 1 G42-403 FklbxlI FG-4J1 Lkn&\g2oux GG 4.G6- 1- aoardou0 Ekwim-rx mxxital Geed tief at Site G -6,09 Nannit:/..Ix,7 U44ifies GC-6.21 r�sd��:mmi:ut I GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised March 20, 2020 004243 DAP - BID PROPOSAL Page 1 of 4 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Bidder's Application Bidlist Description I Specification Section No. I Unit of Bid Item No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1 0241.1012 Remove 6" Water Line 0241 14 LF 56 2 0241.1218 4"-12" Water Abandonment Plug 0241 14 EA 1 3 3305.0109 Trench Safety 33 05 10 LF 2407 4 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11 TON 3.05 5 3311.0061 4" PVC Water Pipe 3311 12 LF 62 6 3311.0161 6" PVC Water Pipe 3311 12 LF 150 7 3311.0261 8" PVC Water Pipe 3311 12 LF 1820 8 3311.0461 12" PVC Water Pipe 3311 12 LF 375 9 3312.0001 Fire Hydrant 33 12 40 EA 1 10 3312.0002 Water Sampling Station 33 12 50 EA 16 11 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 9 13 3312.2203 2" Water Service 331210 EA 2 14 3312.2801 3" Water Meter and Vault 33 12 11 EA 2 16 3312.3002 6" Gate Valve 33 12 20 EA 2 17 3312.3003 8" Gate Valve 33 12 20 EA 5 18 3312.3005 12" Gate Valve 33 12 20 EA 3 20 9999.0004 Demo Exisiting Water Meters 00 00 00 EA 5 21 9999.0006 1 1/2" Water Meter 00 00 00 EA 2 TOTAL UNIT I: WATER IMPROVEMENTS Bidder's Proposal Unit Price I Bid Value $34.00 $1,904.001 $1,255.00 $1,255.001 $1.00 $2,407.001 $4,800.00 $14,640.001 $80.00 $4,960.001 $94.00 $14,100.001 $133.00 $242,060.001 $226.00 $84,750.001 $9,000.00 $9,000.001 $2,727.00 $43,632.001 $4,885.00 $43,965.001 $4,000.00 $8,000.001 $35,000.00 $70,000.001 $1,977.00 $3,954.001 $2,691.00 $13,455.001 $4,943.00 $14,829.001 $2,000.00 $10,000.001 $1,750.00 $3,500.001 $586,411.001 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Water and Sewer Quantities.xlsm 004243 DAP - BID PROPOSAL Page 2 of 4 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Project Item Information Bidder's Proposal Bidlist Description Specification Section No. Unit of I Bid Unit Price Bid Value Item No. Measure Quantity UNIT II: SANITARY SEWER IMPROVEMENTS 1 3301.0001 Pre -CCTV Inspection 3301 31 LF 45 $1.00 $45.00 2 3305.0109 Trench Safety 33 05 10 LF 45 $1.00 $45.00 3 3305.0112 Concrete Collar _ 33 05 17 EA 2 $2,115.00 $4,230.00 4 3339.1001 4' Manhole _ 33 39 10, 33 39 20 EA 2 $14,244.00 $28,488.00 5 9999.0002 8" SDR-26 Sewer Pipe 00 00 00 _ LF 45 $119.00 $5,355.00 6 9999.0003 Demo Exisitng Sanitary Services 00 00 00 EA 7 $2,250.00 $15,750.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $53,913.001 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Water and Sewer Quantities.xlsm 004243 DAP - BID PROPOSAL Page 3 of 4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Description I Specification Section No. I Unit of Bid Unit Price I Bid Value Item No. Measure Quantity UNIT III: PAVING IMPROVEMENTS 1 0241.0401 Remove Concrete Drive 02 41 13 SF 3650 $5.00 $18,250.00 2 0241.1100 Remove Asphalt Pvmt 0241 15 SY 2820 $45.00 $126,900.00 3 3201.0117 10' Wide Asphalt Pvmt Repair, Residential 3201 17 LF 1950 $360.00 $702,000.00 4 3471.0001 Traffic Control 3471 13 MO 1 $15,000.00 $15,000.00 TOTAL UNIT III: PAVING IMPROVEMENTS $862,150.001 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Water and Sewer Quantities.xlsm 004243 DAP - BID PROPOSAL Page 4 of 4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Description I Specification Section No. I Unit of Bid Unit Price I Bid Value Item No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS $586,411.001 UNIT II: SANITARY SEWER IMPROVEMENTS 1 $53,913.001 UNIT III: PAVING IMPROVEMENTS $862,150.001 Total Construction Bid $1,502,474.001 This Bid is submitted by the entity named below: BIDDER: Rumsey Construction, Inc. 4329 Reeder Dr Carrollton, TX 75010 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. END OF SECTION BY: David Hutchinson TITLE: Project Manager DATE:1/26/2023 g 0 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Water and Sewer Quantities.xlsm 0045 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Twe" box provide the complete maior work tvpe and actual descri_ntion as Drovided by the Water Department for water and sewer and TPW for Davina. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Wet Utilites Rumsey Construction, LLC 04/30/2023 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: 13's Q�e;e:d�-rL {'�'�;t2CiLLde�l. (Signature) TITLE: Project Manager DATE: 04/11/2023 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT —DEVELOPER AWARDED PROJECTS 0045 12_Prequalification Statement 2015_DAP.doac Form Version September 1, 2015 FORTWORTH. May 01, 2023 Mr Steve Rumsey Rumsey Construction LLC 4329 Reeder Drive Carrollton, TX 75010 PREQUALIFICATION TO BID CITY OF FORT WORTH WATER DEPARTMENT PROJECTS Dear Mr. Rumsey: Thank you for your submittal of information and data toward prequalification to perform our work. We are pleased to advise that your prequalification has been finalized. A bid limit $80,560,810.00 has been established for your organization based on the financial data submitted. Your firm is prequalified to perform the following work: -- Wastewater Mains (12" and under) for New Development using Open Cut construction methods -- Water Mains (16" and under) for New Development using Open Cut construction methods The prequalification and bid limit established above will remain current through 4/30/2024 This date was established to be sixteen (16) months from the date of the most recent financial statement received, unless rescinded for cause. Should you desire prequalification in the future beyond the aforementioned, submittal of updated financials, work experience, and equipment list will be necessary for this department to establish a new bid limit. Please be advised that the plans and documents for the work to be performed must be submitted to and approved by the City of Fort Worth Water Department. We appreciate your interest in our work and should you have some question in this or other matters within our purview, please do not hesitate to contact Mr. John Kasavich at (817)392-8480 or Norma Sauceda at (817)392- 6055. Yours very truly, MAIL TO: John Kasavich, P.E. ---� c Fort Worth Water Department 10A✓� ° J � Engineering & Regulatory Services r 0 Chris Harder, P.E. 200 Texas Street Water Director Fort Worth, TX 76102 Fort Worth All-nmedeacly WATER DEPARTMENT I I I I®I THE CITY OF FORT WORTH * 200 TEXAS STREET * FORT WORTH, TEXAS 76102 817-392-8240 * FAX 817-392-8195 1964 •1993 •2011 " Printed on recycled paper 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 103819. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Block Companies Company 4545 Post Oak Place Dr., St 150 Address Houston, TX 77027 City/State/Zip THE STATE OF TEXAS § COUNTY OFTARRANT § By: Jason Keller (Please Print) Signature: Title: Managing Partner (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared -�yy0 �,1<'�@ , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated. GIV N UNDER MY HAND AND SEAL OF OFFICE this day of i /, 20y3 F LYI IA L KNOERR tary ID 9128025457�Lammissia2 2G TresNotary uhlic in and for the State of Texas July 28, END OF SECTION CITY OF FORT WORTH Public Water and Wastewater hrrproventents to yen-e Cavite Place —Phase H-- Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CAN.- 103819 Revised April 2, 2014 JOINT VENTURE AGREEMENT OF BLOCK WT HUGHES HOUSE GC JOINT VENTURE DATE: March 1, 2022 THE JOINT VENTURE INTERESTS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES LAWS OF ANY JURISDICTION. NO JOINT VENTURE INTEREST MAY BE SOLD OR OFFERED FOR SALE (WITHIN THE MEANING OF ANY SECURITIES LAW) UNLESS A REGISTRATION STATEMENT UNDER ALL APPLICABLE SECURITIES LAWS WITH RESPECT TO THE INTEREST IS THEN IN EFFECT OR AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THOSE LAWS IS THEN APPLICABLE TO THE INTEREST. A JOINT VENTURE INTEREST ALSO MAY NOT BE TRANSFERRED OR ENCUMBERED UNLESS THE PROVISIONS OF ARTICLE V OF THIS AGREEMENT ARE SATISFIED. 4888-9808-6664.v2 Table of Contents L FORMATION OF COMPANY i Page 1.1. Formation........................................................................................................................... i 1.2. Name.................................................................................................................................. i 1.3. Places of Business and Registered Office.......................................................................... i 1.4. Purpose............................................................................................................................... i 1.5. Title to Joint Venture Property........................................................................................... i 1.6. Duration.............................................................................................................................. i II. CAPITALIZATION AND RELATED MATTERS i 2.1. Initial Capital...................................................................................................................... i 2.2. Additional Capital............................................................................................................. ii 2.3. Capital Accounts............................................................................................................... ii 2.4. Interest on and Return of Capital..................................................................................... iii 2.5. Negative Capital Accounts............................................................................................... iii 2.6. Adjustment of Gross Asset Value.................................................................................... iii III. ALLOCATION OF PROFITS AND LOSSES; DISTRIBUTIONS TO THE VENTURERS iv 3.1. Profits, Losses and Distributive Shares of Tax Items ...................................................... iv 3.2. Distribution of Cash Flow............................................................................................... vii IV. MANAGEMENT OF THE COMPANY viii 4.1. The Managing Venturer................................................................................................. viii 4.2. Specific Authority of the Managing Venturer.................................................................. ix 4.3. Limitations on Power and Authority of the Managing Venturer ...................................... x 4.4. Specific Responsibilities of the Managing Venturer Related to the Construction Contract xi 4.5. Appointment of Managing Venturer; Term of Office; Removal; and Resignation ....... xiii 4.6. Compensation and Expenses of the Managing Venturer ............................................... xiii 4.7. Other Venturers.............................................................................................................. xiii 4.8. Joint Venture Liabilities................................................................................................. xiii 4.9. Indemnity........................................................................................................................ xiv 4.10. Limitations on Indemnity............................................................................................... xiv 4.11. Insurance........................................................................................................................ xiv 4.12. Other Activities of the Venturers.................................................................................... xv 4.13. Power of Attorney........................................................................................................... xv 4.14. Banking........................................................................................................................... xv 4.15. Tax Matters Venturer...................................................................................................... xv V. NEW MEMBERS, RESTRICTIONS ON TRANSFER OF MEMBERSHIP INTERESTS AND OTHER MATTERS xvi 5.1. Admission of Venturers.................................................................................................. xvi 5.2. Procedure for Admission................................................................................................ xvi 5.3. Permitted Transfers....................................................................................................... xvii VI. LIQUIDATION AND DISSOLUTION OF THE COMPANY xvii 6.1. Dissolution Events......................................................................................................... xvii ii 4888-9808-6664.v2 Table of Contents Page 6.2. Method of Liquidation................................................................................................... xvii 6.3. Date of Termination..................................................................................................... xviii VII. MISCELLANEOUS xviii 7.1. Fiscal Year.................................................................................................................... xviii 7.2. Records......................................................................................................................... xviii 7.3. Reports.......................................................................................................................... xviii 7.4. Method of Accounting.................................................................................................... xix 7.5. Representations of the Venturers................................................................................... xix 7.6. Notices............................................................................................................................ xix 7.7. Amendments; Waivers................................................................................................... xix 7.8. Binding Effect................................................................................................................ xix 7.9. Duplicate Originals......................................................................................................... xix 7.10. Construction.................................................................................................................... xx 7.11. Governing Law; Jurisdiction........................................................................................... xx 7.12. Dispute Resolution.......................................................................................................... xx 7.13. Other Instruments........................................................................................................... xxi 7.14. Legal Construction......................................................................................................... xxi 7.15. Gender, Etc..................................................................................................................... xxi 7.16. Involvement of the Joint Venture in Certain Proceedings ............................................. xxi 7.17. Waiver of Partition and Certain Other Rights; Nature of Interests in the Joint Venture ... xxi 7.18. Venturer Approvals....................................................................................................... xxii 7.19. Venturer Meetings......................................................................................................... xxii 7.20. Creditors Not Benefited................................................................................................. xxii VIII. DEFINED TERMS ..............................................................................xxii 4888-9808-6664.v2 Table of Contents Page This Joint Venture Agreement (this "Agreement") is entered into as of the date on the cover page to this Agreement among the Persons executing this Agreement. Defined terms in this Agreement have the meanings assigned to them in Article VIII. I. FORMATION OF COMPANY 1.1. Formation. The Venturers form a joint venture under the Act, effective as of the date listed on the cover page of this Agreement. 1.2. Name. The name of the Joint Venture is on the cover page to this Agreement. The Managing Venturer may change the name of the Joint Venture from time to time. The Managing Venturer also may adopt one or more assumed names for use by the Joint Venture. 1.3. Places of Business and Registered Office. The principal (and registered) office of the Joint Venture shall be at 619 Jefferson Highway, Suite 2G, Baton Rouge, Louisiana 70807. The Managing Venturer shall be the initial registered agent for the Joint Venture to the extent required. The Managing Venturer may change the principal or registered office or registered agent of the Joint Venture and establish, maintain and abandon one or more additional places of business for the Joint Venture. 1.4. Purpose. The purpose of the Joint Venture is to (i) execute, deliver and perform under the Construction Contract, (ii) act as general contractor for the performance of construction and rehabilitation services with respect to the Property, and (iii) conduct any other activity necessary in connection with the foregoing and permitted by law. 1.5. Title to Joint Venture Property. Property may be acquired in the name of the Joint Venture or in the name of an agent or nominee on terms and conditions the Managing Venturer deems appropriate. 1.6. Duration. The term of the Joint Venture will continue until the date that is the later of (i) the date of final endorsement by the Federal Housing Commissioner of the credit instrument in the amount of up to $29,000,000.00 for mortgage insurance with respect to the Property; (ii) the date of expiration of all express warranties owed by the Joint Venture to the Owner under the Construction Contract; and (iii) the expiration of any applicable statutes of repose or limitations relating to claims for latent defects for the Work not to exceed more than two (2) years after Substantial Completion (as defined in the Construction Contract). II. CAPITALIZATION AND RELATED MATTERS 2.1. Initial Capital. The initial capital of the Joint Venture will consist of cash contributions to be made by the Venturers in the respective amounts set forth opposite their names on the signature pages hereto. Each Venturer agrees to make the capital contribution 4888-9808-6664.v2 required under this Section 2.1, which will be due upon call by the Managing Venturer. The initial Percentage Interest of each Venturer is set forth opposite the Venturer's name on the signature pages of this Agreement. 2.2. Additional Capital. (a) Additional Capital. No Venturer will have any obligation to contribute any additional capital to the Joint Venture except as provided in Section 2.1. (b) Loans. In the event the Joint Venture requires additional funds, the Joint Venture may borrow funds from Persons, including any Venturer, upon such terms and conditions as shall be approved by the Managing Venturer. (c) Intentionally Omitted. 2.3. Capital Accounts. (a) Establishment and Maintenance. A separate capital account ("Capital Account") will be maintained for each Venturer. The Capital Account of each Venturer will be determined and adjusted as follows: (i) Each Venturer's Capital Account will be credited with the Venturer's Capital Contributions, the Venturer's distributive share of Profits, any items in the nature of income or gain that are specially allocated to the Venturer under Sections 3.1(c) or 3.1(d), and the amount of any Joint Venture liabilities that are assumed by the Venturer or secured by any Joint Venture property distributed to the Venturer. (ii) Each Venturer's Capital Account will be debited with the amount of cash and the Gross Asset Value of any Joint Venture property distributed to the Venturer under any provision of this Agreement, the Venturer's distributive share of Losses, any items in the nature of deduction or loss that are specially allocated to the Venturer under Section 3.1(c) or 3.1(d), and the amount of any liabilities of the Venturer assumed by the Joint Venture or which are secured by any property contributed by the Venturer to the Joint Venture. (iii) If any interest in the Joint Venture is Transferred in accordance with the terms of this Agreement, the Transferee will succeed to the Capital Account of the Transferor to the extent it relates to the Transferred interest. (iv) In determining the amount of any liability for purposes of Sections 2.3(a)(i) and 2.3(a)(ii), Code Section 752(c) and any other applicable provisions of the Code and the Treasury Regulations will be taken into account. (b) M difications. The provisions of this Section 2.3 and the other provisions of this Agreement relating to the maintenance of Capital Accounts have been included in this Agreement to comply with Section 704(b) of the Code and the Treasury Regulations promulgated thereunder and will be interpreted and applied in a manner consistent with those 4888-9808-6664.v2 provisions. Without limiting the generality of Section 3.1(c), the Partnership Representative may modify the manner in which the Capital Accounts are maintained under this Section 2.3 in order to comply with those provisions, as well as upon the occurrence of events that might otherwise cause this Agreement not to comply with those provisions; provided, however, without the unanimous consent of all Venturers, the Partnership Representative may not make any modification to the way Capital Accounts are maintained if such modification would have the effect of changing the amount of distributions to which any Venturer would be entitled during the operation, or upon the liquidation, of the Joint Venture. 2.4. Interest on and Return of Capital. No Venturer will be entitled to any interest on its Capital Account or on its Capital Contributions. Except as expressly provided in this Agreement, no Venturer will have the right to demand or receive the return of all or any part of his capital or to receive property other than cash from the Joint Venture. 2.5. Negative Capital Accounts. (a) Limit on Obligation to Restore. Except as expressly provided in this Section 2.5, no Venturer will be required to pay to the Joint Venture or to any other Venturer any deficit or negative balance which may exist from time to time in the Venturer's Capital Account. (b) Excess Withdrawals. If any Venturer receives a distribution under Section 3.2 or Section 6.2 of this Agreement in excess of the amount such Venturer should have received under those Sections at the time the distribution was made, such Venturer shall be obligated to pay any such excess to the Venturer or Venturers rightfully entitled to such distribution immediately upon demand to do so by the Managing Venturer, or if the Managing Venturer has received the excess distribution, upon demand by the other Venturer. 2.6. Adiustment of Gross Asset Value. Gross Asset Value, with respect to any asset, is the adjusted basis for federal income tax purposes of that asset, except as follows: (a) The initial Gross Asset Value of any asset contributed (or deemed contributed under Code Sections 704(b) and 752 and the Treasury Regulations promulgated thereunder) by a Venturer to the Joint Venture will be the fair market value of the asset on the date of the contribution, as determined by the Partnership Representative. (b) The Gross Asset Values of all Joint Venture assets will be adjusted to equal the respective fair market values of the assets, as determined by the Partnership Representative, as of (i) the acquisition of an additional interest in the Joint Venture by any new or existing Venturer in exchange for more than a de minimis capital contribution, (ii) the distribution by the Joint Venture to a Venturer of more than a de minimis amount of Joint Venture property as consideration for an interest in the Joint Venture if the Partnership Representative reasonably determines an adjustment is necessary or appropriate to reflect the relative economic interests of the Venturers in the Joint Venture, and (iii) the liquidation of the Joint Venture within the meaning of Treasury Regulations Section 1.704-1(b)(2)(ii)(g). 4888-9808-6664.v2 (c) The Gross Asset Value of any Joint Venture asset distributed to any Venturer will be the gross fair market value of the asset on the date of distribution. (d) The Gross Asset Values of Joint Venture assets will be increased or decreased to reflect any adjustment to the adjusted basis of the assets under Code Section 734(b) or 743(b), but only to the extent that the adjustment is taken into account in determining Capital Accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m), provided that Gross Asset Values will not be adjusted under this Section 2.6(d) to the extent that the Partnership Representative determines that an adjustment under Section 2.6(b) is necessary or appropriate in connection with a transaction that would otherwise result in an adjustment under this Section 2.6(d). After the Gross Asset Value of any asset has been determined or adjusted under Section 2.6(a), 2.6(b) or 2.6(d), Gross Asset Value will be adjusted by the Depreciation taken into account with respect to the asset for purposes of computing Profits or Losses. III. ALLOCATION OF PROFITS AND LOSSES, DISTRIBUTIONS TO THE VENTURERS 3.1. Profits, Losses and Distributive Shares of Tax Items. (a) Profits. Except as provided in Sections 3.1(c), 3.1(d), and 6.2(b), Profits for any fiscal year will be allocated in the following order: (i) first, to the Venturers pro rata, until the cumulative Profits allocated to each Venturer under this Section 3.1(a)(i) equal the cumulative Losses allocated to such Venturer under Section 3.1(b)(iii) for all prior periods; (ii) next, to the Venturers pro rata, until the cumulative Profits allocated to each Venturer under this Section 3.1(a)(ii) equal the cumulative Losses allocated to each such Venturer under Section 3.1(b) for all prior periods; and (iii) the balance, if any, to the Venturers in proportion to their respective Percentage Interests. (b) Losses. Except as provided in Sections 3.1(c), 3.1(d), 3.1(h) and 6.2(b), Losses for any fiscal year will be allocated in the following order: (i) first, to each Venturer until the cumulative Losses allocated to each such Venturer under this Section 3.1(b)(i) equal the cumulative Profits allocated to each such Venturer under Section 3.1(a)(iii) for all prior periods; (ii) next, to the Venturers in proportion to their respective Adjusted Capital Account balances in an amount equal to, but not in excess of, the Adjusted Capital Account balance of each such Venturer prior to the allocation provided for in this Section 3.1(b)(ii); and 4888-9808-6664.v2 (iii) finally, to the Venturers, pro rata, in accordance with their Percentage Interests. (c) Special Allocations. Except as otherwise provided in this Agreement, the following special allocations will be made in the following order and priority: (i) Partnership Minimum Gain Chargeback. Notwithstanding any other provision of this Section 3.1, if there is a net decrease in Partnership Minimum Gain during any taxable year or other period for which allocations are made, prior to any other allocation under this Agreement, each Venturer will be specially allocated items of Joint Venture income and gain for that period (and, if necessary, subsequent periods) in proportion to, and to the extent of, an amount equal to such Venturer's share of the net decrease in Partnership Minimum Gain during such year determined in accordance with Treasury Regulations Section 1.704-2(g)(2). The items to be allocated will be determined in accordance with Treasury Regulations Section 1.704-2(g). This Section 3.1(c)(i) is intended to comply with the partnership minimum gain chargeback requirements of the Treasury Regulations, will be interpreted consistently with the Treasury Regulations and will be subject to all exceptions provided therein. (ii) Partner Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding any other provision of this Section 3.1 (other than Section 3.1(c)(i) which shall be applied first), if there is a net decrease in Partner Nonrecourse Debt Minimum Gain with respect to a Partner Nonrecourse Debt during any taxable year or other period for which allocations are made, any Venturer with a share of such Partner Nonrecourse Debt Minimum Gain (determined under Treasury Regulations Section 1.704-2(i)(5)) as of the beginning of the year will be specially allocated items of Joint Venture income and gain for that period (and, if necessary, subsequent periods) in an amount equal to such Venturer's share of the net decrease in the Partner Nonrecourse Debt Minimum Gain during such year determined in accordance with Treasury Regulations Section 1.704-2(g)(2). The items to be so allocated will be determined in accordance with Treasury Regulations Section 1.704-2(g). This Section 3.1(c)(ii) is intended to comply with the partner nonrecourse debt minimum gain chargeback requirements of the Treasury Regulations, will be interpreted consistently with the Treasury Regulations and will be subject to all exceptions provided therein. (iii) Qualified Income Offset. A Venturer who unexpectedly receives any adjustment, allocation or distribution described in Treasury Regulations Sections 1.704- I(b)(2)(ii)(d)(4), (5) or (6) will be specially allocated items of Joint Venture income and gain in an amount and manner sufficient to eliminate, to the extent required by the Treasury Regulations, the Adjusted Capital Account Deficit of the Venturer as quickly as possible. (iv) Gross Income Allocation. Each Venturer who has a deficit Capital Account at the end of any Joint Venture taxable year that is in excess of the amount the Venturer is obligated to restore under Section 2.5, including any amount that he is deemed to be obligated to restore under Treasury Regulations Section 1.704-2(g)(1) and 4888-9808-6664.v2 Section 1.704-2(i)(5), will be specially allocated items of Joint Venture income and gain in the amount of the excess as quickly as possible. (v) Nonrecourse Deductions. Nonrecourse Deductions for any taxable year or other period for which allocations are made will be allocated among the Venturers in proportion to their respective Percentage Interests in the Joint Venture. (vi) Partner Nonrecourse Deductions. Notwithstanding anything to the contrary in this Agreement, any Partner Nonrecourse Deductions for any taxable year or other period for which allocations are made will be allocated to the Venturer who bears the economic risk of loss with respect to the Partner Nonrecourse Debt to which the Partner Nonrecourse Deductions are attributable in accordance with Treasury Regulations Section 1.704-2(i). (vii) Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Joint Venture asset under Code Sections 734(b) or 743(b) is required to be taken into account in determining Capital Accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m), the amount of the adjustment to the Capital Accounts will be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases the basis), and the gain or loss will be specially allocated to the Venturers in a manner consistent with the manner in which their Capital Accounts are required to be adjusted under Treasury Regulations Section 1.704-1(b)(2)(iv)(m). (viii) Interest in Joint Venture. Notwithstanding any other provision of this Agreement, no allocation of Profit or Loss or item of Profit or Loss will be made to a Venturer if the allocation would not have "economic effect" under Treasury Regulations Section 1.704-1(b)(2)(ii) or otherwise would not be in accordance with the Venturer's interest in the Joint Venture within the m aning of Treasury Regulations Section 1.704-1(b)(3) or 1.704-1(b)(4)(iv). The Partnership Representative will have the authority to reallocate any item n accordance with this Section 3.1(c)(viii). Notwithstanding the authority granted to make such allocations as may be appropriate to accomplish the purposes of this Section 3.1(c)(viii), no allocation under this Section 3.1(c)(viii) will affect or otherwise alter the amount of any distribution to which a Venturer would otherwise be entitled pursuant to any provision of this Agreement. (ix) Return Allocation. After giving effect to all preceding special allocations in this Section 3.1(c), all or a portion of the remaining items of Joint Venture income or gain for the fiscal year (the "Subject Year"), if any, will be specially allocated to the Venturers in proportion to and, to the extent possible, in an amount equal to the (i) cumulative distributions each Venturer has received with respect to any Special Distribution from the formation of the Joint Venture to a date 75 days after the end of such Subject Year; Plus (ii) any accrued Special Distribution owing each such Venturer as of the date 75 days after the end of such Subject Year, after taking into account the distributions referenced in the foregoing clause (i); less (iii) the cumulative income 4888-9808-6664.v2 allocated to each such Venturer under this Section 3.1(c)(ix) in all prior fiscal years (i.e., all fiscal years prior to such Subject Year). (d) Curative Allocations. The allocations set forth in Section 3.1(c) (except for those in Section 3.1(c)(ix)) (the "Regulatory Allocations") are intended to comply with certain requirements of Treasury Regulations Sections 1.704-1(b) and 1.704-2. The Regulatory Allocations may effect results which would not be consistent with the manner in which the Venturers intend to divide Joint Venture distributions. Accordingly, the Partnership Representative is authorized to divide other allocations of Profits, Losses, and other items among the Venturers so as to prevent the Regulatory Allocations from distorting the manner in which Joint Venture distributions would be divided among the Venturers under Section 6.2. In general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss and deduction, to the extent they exist, among the Venturers so that the net amount of the Regulatory Allocations and the special allocations to each Venturer is zero. The Partnership Representative will have discretion to accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations. (e) Tax Allocations —Code Section 704(c). In accordance with Code Section 704(c) and the related Treasury Regulations, income, gain, loss and deduction with respect to any property contributed to the capital of the Joint Venture, solely for tax purposes, will be allocated among the Venturers so as to take account of any variation between the adjusted basis to the Joint Venture of the property for federal income tax purposes and the initial Gross Asset Value of the property (computed in accordance with Section 2.6(b)). If the Gross Asset Value of any Joint Venture asset is adjusted under Section 2.6(b), subsequent allocations of income, gain, loss and deduction with respect to that asset will take account of any variation between the adjusted basis of the asset for federal income tax purposes and its Gross Asset Value in the same manner as under Code Section 704(c) and the related Treasury Regulations. Any elections or other decisions relating to allocations under this Section 3.1(e) will be made in any manner that the Partnership Representative determines reasonably reflects the purpose and intention of this Agreement. Allocations under this Section 3.1(e) are solely for purposes of federal, state and local taxes and will not affect, or in any way be taken into account in computing, any Venturer's Capital Account or share of Profits, Losses or other items or distributions under any provision of this Agreement. (f) Other Allocation Rules. For purposes of determining the Profits, Losses or any other item allocable to any period, Profits, Losses and other items will be determined on a daily, monthly or other basis, as determined by the Partnership Representative using any permissible method under Code Section 706 and the related Treasury Regulations, and all items of Joint Venture income, gain, loss, deduction and other allocations not otherwise provided for in this Agreement shall be allocated among the Venturers in accordance with their Percentage Interests. (g) Venturer Acknowledgment. The Venturers agree to be bound by the provisions of this Section 3.1 in reporting their shares of Joint Venture income and loss for income tax purposes. 3.2. Distribution of Cash Flow. 4888-9808-6664.v2 (a) General Distributions to Venturers. Subject to Section 6.2 and, after establishing cash reserves (1) required by any loan agreements or similar arrangements to which the Joint Venture is subject, and (2) necessary to satisfy contingencies reasonably anticipated for, or associated with, the Joint Venture's business, any remaining available cash or other property of the Joint Venture as reasonably determined by the Managing Venturer will be distributed within thirty (30) days after each calendar quarter or at such other time or times determined by the Managing Venturer as follows: (i) First, to the Venturers in return of their Capital Contributions, pro rata, in proportion to their Capital Contributions until the cumulative amounts distributed to Venturers under this Section 3.2(a)(i) equal the total Capital Contributions made to the Joint Venture; and (ii) Next, to the Venturers in accordance with their Percentage Interests on the date of the distribution. (b) Special Distributions to Manning Venturer. The Joint Venture shall enter into a Construction Contract on U.S. Department of Housing and Urban Development ("HUD") form HUD-92442M (the "Construction Contract") with FW Hughes House, LP, a Texas limited partnership ("Owner"), whereby the Joint Venture will serve as the general contractor for the performance of construction services ("Work") with respect to the Hughes House project, also identified as FHA Project No. 113-35988, in Fort Worth, Texas (the "Property" or the "Project", as context requires). The Managing Venturer shall be responsible for implementing and supervising the Joint Venture's performance of services for the Construction Contract. In exchange for providing such services, the Managing Venturer shall earn a fee (the "Supervision Fee") from the Joint Venture in an amount equal to the sum specified in Article 4 of the Construction Contract. The Supervision Fee shall be paid as a special distribution prior to any amounts being distributed under Section 3.2(a) above. The Supervision Fee includes amounts necessary for the Managing Venturer to pay the costs of construction (including without limitation payment of all obligations to subcontractors and materialmen (less retainage) for Work done and materials, equipment and fixtures furnished through the date covered by such payment) on behalf of the Joint Venture, along with the contractor fee payable to the Managing Venturer. (c) Intentionally Omitted. IV. MANAGEMENT OF THE COMPANY 4.1. The Manning Venturer. The business and affairs of the Joint Venture will be managed by the Managing Venturer. Except as otherwise expressly provided in this Agreement with respect to matters requiring Venturer Consent or some other approval of the Venturers, all determinations relating to the business and affairs of the Joint Venture (including without limitation all decisions required or permitted to be made by the Joint Venture as a participant in any other Person in which it may have an interest) will be made by the Managing Venturer in its sole discretion and will not give rise to any right or claim by any Venturer or the Joint Venture unless made in violation of an express provision of this Agreement. The Managing Venturer will 4888-9808-6664.v2 have complete authority to take, in its own name or in the name of the Joint Venture, any action that the Managing Venturer determines to be appropriate under this Agreement or for the conduct of the business of the Joint Venture, including without limitation the actions specified in Section 4.2 and Section 4.4. All decisions and actions taken by the Managing Venturer under the authority of this Section 4.1, Section 4.2 and Section 4.4 will be binding upon all of the Venturers and the Joint Venture. The Managing Venturer will not be liable or accountable with respect to this Agreement, in damages or otherwise, to the Joint Venture or to any other Venturer for anything it may do or refrain from doing, except for the indemnity provisions set forth in Sections 4.4(h), 4.4(i) and 4.40) of this Agreement and with respect to any action or inaction by Managing Venturer which constitutes a breach or default under this Agreement. 4.2. Sn_ ecific Authoritv of the Manning Venturer. Subject to the limitations in Section 4.3, the authority of the Managing Venturer to manage the business and affairs of the Joint Venture will include complete authority: (a) To execute, deliver and perform under the Construction Contract, including the execution, delivery and performance of subcontracts to perform the Construction Contract; (b) To perform all duties listed in Section 4.4 (c) To borrow money for the Joint Venture from any Person; (d) To create an Encumbrance on all or any part of the Joint Venture's assets in order to secure loans or advances to the Joint Venture or any Person in which the Joint Venture has a direct or indirect interest, or any obligation of the Joint Venture or any Person in which the Joint Venture has a direct or indirect interest, or for any other Joint Venture purpose; (e) To execute and deliver for the Joint Venture agreements and other instruments (including, without limitation, instruments creating an Encumbrance on Joint Venture assets for any purpose authorized by clause (b)), in connection with loans or the Transfer of property to any Person; (f) To guarantee obligations of any Person; (g) To acquire, either directly or indirectly, real property and tangible and intangible personal property and to Transfer to any Person including any Venturer or Affiliate all, substantially all, or any part of the property of the Joint Venture or any Person in which the Joint Venture has a direct or indirect interest; (h) To collect all income of the Joint Venture and to satisfy all obligations of the Joint Venture, including without limitation expenses of the Managing Venturer relating to the Joint Venture described in Section 4.4 and indemnification obligations arising under Section 4.7; (i) To prosecute, defend and settle legal, arbitration or administrative proceedings, at the cost of the Joint Venture (subject to Managing Venturer obtaining the prior approval of such 4888-9808-6664.v2 costs by the Non -Profit for any amounts in excess of $50,000), on behalf of or against the Joint Venture or, to the extent relating to the Joint Venture, any of its Venturers; 0) To manage, maintain and operate the assets of the Joint Venture including, without limitation, entering into or modifying any management agreement with any Person for the management of any of the Joint Venture's properties; (k) To employ one or more Persons (including without limitation any Venturer or any shareholder, officer, director, agent or advisor of any Venturer or Affiliate) in connection with the business of the Joint Venture; (1) To establish arrangements for the deposit of monies received on behalf of the Joint Venture in accordance with Section 4.12 and to disburse all funds on deposit on behalf of the Joint Venture in amounts and at times as required in connection with the business of the Joint Venture; (m) To procure and maintain insurance against risks and in amounts determined to be appropriate by the Managing Venturer, including without limitation workers compensation, commercial general liability, automobile liability, excess liability as required by the prime contract as well as other insurance under which any Venturer and its partners, members, venturers, shareholders, officers, directors, agents and Affiliates are beneficiaries; (n) To do or cause to be done any action referred to in this Agreement through any Person designated by the Managing Venturer; and (o) To do or cause to be done any other act which the Managing Venturer considers to be appropriate to carry out any of its powers or in furtherance of the purposes or character of the Joint Venture. 4.3. Limitations on Power and Authoritv of the Mana2in2 Venturer. (a) Certain Limitations. Without first obtaining written Venturer Consent, the Managing Venturer will not have the authority to do any of the following: (i) Any act in contravention of this Agreement; (ii) Any act which would make it impossible to carry on the ordinary business of the Joint Venture, other than a Transfer of all or substantially all of the assets of the Joint Venture; (iii) Confess a judgment against the Joint Venture except in connection with the settlement of an action or proceeding; or (iv) Possess property of the Joint Venture or assign the Joint Venture's rights in specific property for other than Joint Venture purposes. 4888-9808-6664.v2 (b) Authority as to Third Persons. Notwithstanding Sections 4.2 and 4.3(a), the signed statement of the Managing Venturer reciting the authority of the Managing Venturer for any action, as to any third Person, will be conclusive evidence of the authority of the Managing Venturer to take that action. Each Venturer will promptly execute instruments determined by the Managing Venturer to be appropriate to evidence the authority of the Managing Venturer to consummate any transaction permitted by this Agreement. 4.4. Specific Responsibilities of the Manning Venturer Related to the Construction Contract. The Managing Venturer shall have the following responsibilities for the Joint Venture: (a) Coordinate and schedule the furnishing, delivery and payment for all labor, equipment, services, supervision and materials required to perform the Construction Contract. (b) Coordinate all construction activities and administer all subcontractors and subcontract work for the Project. (c) Accumulate, compile, prepare and submit to Owner all documentation and other materials required under the Construction Contract for all applications for periodic, progress and final payment, including all documentation required to support the Contract Sum as well as maintaining all certified payrolls required under Federal and State law. (d) Negotiate all changes and coordinate the performance of all changes to the work for the Project consistent with the Construction Contract. (e) Evaluate potential claims and, in the Managing Venturer's sole discretion, pursue and negotiate such claims on behalf of the Joint Venture. (f) Obtain the performance and payment bonds required in connection with the Construction Contract. (g) Respond to all requests for information served by any governmental entity with jurisdiction over this Project and participate in any audit of the accounting before, during or after the Work is complete. (h) TO THE FULLEST EXTENT PERMITTED BY LAW, MANAGING VENTURER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS NON-PROFIT, AND ITS AGENTS, AFFILIATES, PARTNERS, OFFICERS AND EMPLOYEES OF ANY OF THEM (THE "INDEMNITEES"), FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING WITHOUT LIMITATION FEES AND EXPENSES OF ATTORNEYS AND OTHER ADVISORS AND ANY COURT COSTS INCURRED BY ANY INDEMNITEE, OR LIABILITY INCURRED BY THE INDEMNITEES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURIES, DEFECTIVE WORK, WARRANTY, AND LIQUIDATED DAMAGES, ARISING OUT OF OR RESULTING FROM MANAGING VENTURER'S PERFORMANCE OF THE CONSTRUCTION CONTRACT AND CONSTRUCTION OF THE PROJECT, BUT ONLY TO THE SAME EXTENT AND IN THE MANNER AS CONTRACTOR (AS DEFINED IN 4888-9808-6664.v2 THE CONSTRUCTION CONTRACT) SHALL INDEMNIFY THE OWNER UNDER THE CONSTRUCTION CONTRACT. THE FOREGOING INDEMNIFICATION OBLIGATIONS SHALL NOT INCLUDE CONSEQUENTIAL DAMAGES OR LOSSES, DAMAGES, COSTS AND EXPENSES THAT RESULT SOLELY AND DIRECTLY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE, WHICH SHALL BE THE SOLE RESPONSIBILITY OF NON-PROFIT. (i) MANAGING VENTURER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS OWNER AND ITS PARTNERS (EACH, AN "INDEMNIFIED PERSON") FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING WITHOUT LIMITATION FEES AND EXPENSES OF ATTORNEYS AND OTHER ADVISORS AND ANY COURT COSTS INCURRED BY ANY INDEMNIFIED PERSON, OR LIABILITY INCURRED BY AN INDEMNIFIED PERSON, INCLUDING BUT NOT LIMITED TO PERSONAL INJURIES, DEFECTIVE WORK, WARRANTY, AND LIQUIDATED DAMAGES, ARISING OUT OF OR RESULTING FROM MANAGING VENTURER'S PERFORMANCE OF THE CONSTRUCTION CONTRACT AND CONSTRUCTION OF THE PROJECT, BUT ONLY TO THE SAME EXTENT AND IN THE MANNER AS CONTRACTOR (AS DEFINED IN THE CONSTRUCTION CONTRACT) SHALL INDEMNIFY THE OWNER UNDER THE CONSTRUCTION CONTRACT. OWNER SHALL BE DEEMED A THIRD PARTY BENEFICIARY OF THIS PARAGRAPH 4.4(i), PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE FOREGOING, OWNER SHALL HAVE NO DUTIES, LIABILITIES, OR OBLIGATIONS UNDER THIS AGREEMENT. THIS PARAGRAPH 4.4(i) SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT, BUT SHALL TERMINATE UPON TERMINATION OR EXPIRATION OF THE CONTRACTOR'S INDEMNITY OBLIGATIONS UNDER THE CONSTRUCTION CONTRACT. 0) THE MANAGING VENTURER SHALL INDEMNIFY THE NON-PROFIT AND HOLD THE NON-PROFIT HARMLESS FROM ANY ACTUAL CLAIMS, LOSSES, COSTS, DEMANDS, PENALTIES, FINES, DAMAGES, FEES AND EXPENSES PAYABLE TO THE COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS OR ANY OTHER TAXING AUTHORITY IN THE STATE OF TEXAS WHICH IMPOSES SALES TAX ARISING FROM THE JOINT VENTURE'S OR THE MANAGING VENTURER'S MISUSE OF THE NON -PROFIT'S SALES TAX EXEMPTION, EXCEPT TO THE EXTENT SUCH CLAIMS, LOSSES, COSTS, DEMANDS, PENALTIES, FINES, DAMAGES, FEES AND/OR EXPENSES WERE CAUSED BY NON -PROFIT'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. FOR PURPOSES OF THIS PARAGRAPH, "MISUSE" SHALL BE DEFINED AS A USE OF NON -PROFIT'S SALES TAX EXEMPTION FOR A PURPOSE OTHER THAN AS CONTEMPLATED OR AUTHORIZED IN SECTION 1.4 OF THIS AGREEMENT. THE MANAGING VENTURER AGREES TO INDEMNIFY NON-PROFIT, ITS DIRECTORS, AGENTS AND PROFESSIONAL ADVISORS (COLLECTIVELY, THE "NON-PROFIT INDEMNIFIED PERSONS") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, EXPENSE (INCLUDING WITHOUT LIMITATION REASONABLE FEES AND 4888-9808-6664.v2 EXPENSES OF ATTORNEYS AND OTHER ADVISORS AND ANY COURT COSTS INCURRED BY ANY INDEMNIFIED PERSONS) OR LIABILITY BY REASON OF ANY ACTION OR INACTION BY NON-PROFIT AND/OR ANY NON-PROFIT INDEMNIFIED PERSON IN CONNECTION WITH OR RELATED TO THE JOINT VENTURE, OTHER THAN ALL LOSSES, DAMAGES, COSTS AND EXPENSES, THAT RESULT FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A NON-PROFIT INDEMNIFIED PERSON, WHICH SHALL BE THE SOLE RESPONSIBILITY OF NON-PROFIT. 4.5. Appointment of Manning Venturer; Term of Office; Removal; and Resignation. The number of initial Managing Venturers shall be one. The Managing Venturer shall have the right to resign the position of Managing Venturer at any time. The Managing Venturer may not be removed from office without Venturer Consent. Upon the resignation of the Managing Venturer, a replacement managing venturer shall be appointed by Venturer Consent. 4.6. Compensation and Expenses of the Mana2in2 Venturer. The Managing Venturer will not receive any compensation from the Joint Venture for serving as Managing Venturer (except for the Supervision Fee as provided in Section 3.2(b)), but all expenses incurred by, or allocated by any Venturer or Affiliate to, the Managing Venturer in connection with its service as Managing Venturer (including without limitation charges for property management, legal, accounting, data processing, administrative, executive, tax and other services rendered by employees of any Venturer or Affiliate) will be paid or promptly reimbursed by the Joint Venture. Nothing contained in this Section 4.4 is intended to affect the Percentage Interest of the Managing Venturer or the amounts that may be payable to the Managing Venturer by reason of its Percentage Interest. 4.7. Other Venturers. The Venturers (other than Managing Venturer), in their capacities as Venturers, may not act for or bind the Joint Venture and may not participate in the general management, conduct or control of the Joint Venture's business or affairs; provided, however, that the Non -Profit shall have the right to (i) approve of any draw requests and (ii) review and approve any material changes orders or any material changes in the scope of work or plans and specifications (costing over $50,000 for a single change or $100,000 in the aggregate) during construction of the Property, provided, however, that such review and approval (or disapproval) shall be provided by Non -Profit within five (5) business days of receipt of such request, and Non -Profit's approval shall not be unreasonably delayed, conditioned or withheld. Nothing contained in this Section 4.7 will prohibit any Venturer or any partner, member, shareholder, owner, officer, director, employee, agent or authorized representative thereof from acting as an officer, director, employee, agent or other representative of the Joint Venture or the Managing Venturer. 4.8. Joint Venture Liabilities. Neither the Managing Venturer nor the Venturers will have any liability for the return of any Venturers' Capital Contributions or any Residual Capital. All liabilities of the Joint Venture, including without limitation indemnity obligations under Section 4.9, will be liabilities of the Joint Venture as an entity, and will be paid or satisfied from Joint Venture assets, and no Venturer shall be obligated personally for any debt, obligation or liability of the Joint Venture or of any Venturer, whether arising in contract, tort, or otherwise, by reason of being a Venturer. No liability of the Joint Venture will be payable in whole or in 4888-9808-6664.v2 part by any Managing Venturer, Venturer or by any partner, shareholder, director, officer, member, manager, agent or advisor of any Managing Venturer, Venturer or Affiliate (except as otherwise required by applicable law). 4.9. INDEMNITY. SUBJECT TO THE LIMITATIONS CONTAINED IN CHAPTER 8 OF THE ACT AND PARAGRAPH 4.4(H), THE JOINT VENTURE TO THE EXTENT OF ITS ASSETS LEGALLY AVAILABLE FOR THAT PURPOSE, WILL INDEMNIFY AND HOLD HARMLESS THE MANAGING VENTURER, THE VENTURERS AND ANY PARTNER, MEMBER, SHAREHOLDER, DIRECTOR, OFFICER, AGENT, AFFILIATE AND PROFESSIONAL OR OTHER ADVISOR OF ANY OF THEM (COLLECTIVELY, THE "INDEMNIFIED PERSONS"), FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, EXPENSE (INCLUDING WITHOUT LIMITATION FEES AND EXPENSES OF ATTORNEYS AND OTHER ADVISORS AND ANY COURT COSTS INCURRED BY ANY INDEMNIFIED PERSON) OR LIABILITY BY REASON OF ANYTHING ANY INDEMNIFIED PERSON DOES OR REFRAINS FROM DOING FOR, OR IN CONNECTION WITH THE BUSINESS OR AFFAIRS OF, THE JOINT VENTURE (INCLUDING ANY LOSS, DAMAGE, EXPENSE OR LIABILITY CAUSED BY OR ATTRIBUTABLE TO THE NEGLIGENCE, OTHER THAN GROSS NEGLIGENCE, OF THE INDEMNIFIED PERSON), EXCEPT TO THE EXTENT THAT THE LOSS, DAMAGE, EXPENSE OR LIABILITY RESULTS PRIMARILY FROM THE INDEMNIFIED PERSON'S GROSS NEGLIGENCE OR WILLFUL BREACH OF A MATERIAL PROVISION OF THIS AGREEMENT WHICH IN EITHER EVENT CAUSES ACTUAL, MATERIAL DAMAGE TO THE JOINT VENTURE. NOTHING SET FORTH IN THIS SECTION 4.9 SHALL BE DEEMED TO MODIFY, REDUCE, ELIMINATE OR OTHERWISE AFFECT MANAGING VENTURER'S OBLIGATIONS TO INDEMNIFY OWNER AND ITS PARTENRS UNDER PARAGRAPH 4.4(i) HEREIN. 4.10. Limitations on Indemnitv. (a) Waiver by Joint Venture. Subject to the limitations contained in Chapter 8 of the Act, the Joint Venture, with the approval of Venturer Consent, may indemnify any of the Indemnified Persons for any loss, damage, expense or liability for which the Indemnified Persons would not be entitled to mandatory indemnification under Section 4.9. (b) Waiver by Venturer. A Venturer may waive the benefits of indemnification under Section 4.9. (c) Certain Related Rights. The rights to indemnification under Section 4.9 are exclusive of other rights which any Indemnified Person may otherwise have at law or in equity, including without limitation common law rights to indemnification or contribution. 4.11. Insurance. Managing Venturer shall ensure that the constituent members of the Managing Venturer maintain all insurance and follow all insurance related requirements the Contractor must maintain and follow in the Construction Contract as if its constituent members were each themselves each the Contractor. 4888-9808-6664.v2 4.12. Other Activities of the Venturers. Each Venturer will be free to own or otherwise participate directly or indirectly in the ownership or operation of any activity of any Person, whether or not the activity competes with or is enhanced by any activity of the Joint Venture. 4.13. Power of Attornev. (a) General. Each Venturer appoints the Managing Venturer his attorney -in -fact, with full power of substitution and resubstitution, to execute in the Venturer's name and deliver: (i) Any certificate of formation with respect to the Joint Venturers and any amendments thereto that the Managing Venturer deems appropriate; (ii) Any instrument that the Managing Venturer deems appropriate in order to qualify the Joint Venture to do business in any jurisdiction and any other instrument relating to the qualification or registration of the Joint Venture that the Managing Venturer deems appropriate; (iii) All certificates and other instruments that may be appropriate to effect the dissolution and termination of the Joint Venture under Article VI; (iv) All reports, forms and schedules that the Managing Venturer determines appropriate to file with any governmental body in connection with any Joint Venture activity; and (v) Any amendment to this Agreement appropriate to reflect the Transfer of an interest in the Joint Venture permitted by this Agreement, or the admission to, or withdrawal from, the Joint Venture of a Venturer permitted by this Agreement. (b) Irrevocable Grant. The power of attorney granted under this Section 4.13 is coupled with an interest and is irrevocable and will survive the death, dissolution, legal incompetency, bankruptcy and withdrawal from the Joint Venture of any Venturer or the Transfer of his interest in the Joint Venture. 4.14. Banking. The funds of the Joint Venture will be kept in banking and other accounts from time to time in accordance with policies approved by the Managing Venturer including any master or general account of the Managing Venturer or its Affiliates, provided that any funds of the Joint Venture kept in any master account of the Managing Venturer or its Affiliates shall be accounted for separately in the books and records of the Managing Venturer or its Affiliates, as applicable. Withdrawals from any account will be made on the manual or facsimile signature of such individuals designated by the Managing Venturer. 4.15. Partnership Representative. (a) The Partnership Representative is designated as the "tax matters partner" and the "partnership representative" under Section 6231 of the Code. If an audit of the Joint Venture's federal income tax return is commenced, the Partnership Representative will promptly advise all 4888-9808-6664.v2 Venturers of the audit and provide each Venturer with a copy of any final partnership administrative adjustment (as defined in Section 6223(a) of the Code). (b) The Partnership Representative shall also have the authority to perform the following actions without the consent of any other Venturer or the Managing Venturer: (i) To prepare and file all tax returns for the Joint Venture (but without any obligation hereunder to prepare or file the tax returns or other reports of the Venturers); and (ii) To make all tax elections for the Joint Venture including, without limitation, any special basis adjustments under Section 754 of the Code, provided that the Venturer requesting any Section 754 election must agree to reimburse the Joint Venture for any costs incurred by the Joint Venture in making the election or in maintaining or preparing any additional records or reports in connection with the election. V. NEW MEMBERS, RESTRICTIONS ON TRANSFER OF MEMBERSHIP INTERESTS AND OTHER MATTERS 5.1. Admission of Venturers. Except as expressly provided in Section 5.3, without first obtaining prior written Venturer Consent (which consent may be given or withheld in each Venturer's sole and absolute discretion), (i) no Venturer may voluntarily or involuntarily Transfer, or create or suffer to exist any Encumbrance against, all or any part of his record or beneficial interest in the Joint Venture, and (ii) no Person may be admitted to the Joint Venture as a Venturer. Except for withdrawals in connection with a Transfer of an interest in the Joint Venture permitted by this Agreement, no Venturer may withdraw from the Joint Venture without prior written Venturer Consent. 5.2. Procedure for Admission. (a) General. No Person will have title to any interest in the Joint Venture until he (i) has executed and delivered all documents deemed appropriate by the Managing Venturer to reflect his admission to the Joint Venture and his agreement to be bound by this Agreement and (ii) has paid all expenses connected with his admission. Any purported Transfer or Encumbrance will be ineffective until the Transferor and his Transferee furnish to the Joint Venture the instruments and assurances the Managing Venturer may request, including without limitation, if requested, an opinion of counsel satisfactory to the Managing Venturer that the interest in the Joint Venture being Transferred or Encumbered has been registered or is exempt from registration under the Securities Act and all applicable securities laws. (b) Effect of Transfers. Upon an effective Transfer of ownership of all or any part of a Venturer's interest in the Joint Venture, the Joint Venture will continue and, upon compliance with the provisions of this Section 5.2, the Transferee of the interest, if the Transferee is not already a Venturer of the same class, will be admitted to the Joint Venture as a Venturer of that 4888-9808-6664.v2 class or, if the Transferee is already a Venturer of the same class, will continue as a Venturer of that class with an additional Percentage Interest reflecting the Transfer. 5.3. Permitted Transfers. Upon compliance with the provisions of Section 5.2, any Venturer may Transfer all or any portion of his interest in the Joint Venture to a Permitted Transferee. VI. LIQUIDATION AND DISSOLUTION OF THE COMPANY 6.1. Dissolution Events. The Joint Venture will be dissolved upon the happening of any of the following events: (a) All or substantially all of the assets of the Joint Venture, including its Cash Items, are sold and/or distributed to the Venturers; (b) A document is signed by all Venturers which states their election to dissolve the Joint Venture; (c) The entry of a final judgment, order or decree of a court of competent jurisdiction adjudicating the Joint Venture to be bankrupt and the expiration without appeal of the period, if any, allowed by applicable law in which to appeal; or (d) the expiration of the term of the Joint Venture (as set forth in Section 1.6). 6.2. Method of Liquidation. (a) Generally. Upon the happening of any of the events specified in Section 6.1, the Managing Venturer, or in the event dissolution results from the withdrawal from the Joint Venture of the Managing Venturer, any liquidating trustee elected by Venturer Consent, will commence as promptly as practicable to wind up the Joint Venture's affairs as promptly as practicable, unless the Managing Venturer or the liquidating trustee (either, the "Liquidator") determine that an immediate liquidation of Joint Venture assets would cause undue loss to the Joint Venture, in which event the liquidation may be deferred for a time determined by the Liquidator to be appropriate. Assets of the Joint Venture may be liquidated or distributed in kind, as the Liquidator determines to be appropriate. The Venturers will continue to share Profits and Losses from operations during the period of liquidation in the manner set forth in Section 3.1, however, any distributions to Venturers will be made in accordance with this Section 6.2. The proceeds from liquidation of the Joint Venture will be applied in the following order of priority: (i) to payment of the debts and satisfaction of the other obligations of the Joint Venture, excluding Residual Capital owing to Venturers and their Affiliates; (ii) to the establishment of any reserves deemed appropriate by the Liquidator for any liabilities or obligations of the Joint Venture, which reserves will be held for the purpose of paying liabilities or obligations and, at the expiration of a period the 4888-9808-6664.v2 Liquidator deems appropriate, will be distributed in the manner provided in Section 6.2(a)(iii); then (iii) to the Venturers as provided in Section 3.2. (b) Compliance with Treasury Regulations. It is the intent of the Venturers that the allocations provided in Section 3.1 result in the distributions required pursuant to Section 6.2(a) being in accordance with positive Capital Accounts as provided for in the Treasury Regulations under Code Section 704(b). However, if after giving hypothetical effect to the allocations required by Section 3.1, the Capital Accounts of the Venturers are in such ratios or balances that distributions pursuant to Section 6.2(a) would not be in accordance with the positive Capital Accounts of the Venturers as required by the Treasury Regulations under Code Section 704(b), such failure shall not affect or alter the distributions required by Section 6.2(a). Rather, the Partnership Representative will have the authority to make other allocations of Profit and Loss, or items of income, gain, loss or deduction among the Venturers which, to the extent possible, will result in the Capital Accounts of each Venturer having a balance prior to distribution equal to the amount of distributions to be received by such Venturer pursuant to Section 6.2(a). 6.3. Date of Termination. The Joint Venture will terminate when all of the cash and property available for application under Section 6.2 have been applied in accordance with Section 6.2. The establishment of any reserves in accordance with the provisions of Section 6.2(a)(ii) will not extend the term of the Joint Venture, but any reserve will be distributed in the manner provided in Section 6.2 upon expiration of the period established for the reserve. VII. MISCELLANEOUS 7.1. Fiscal Year. The fiscal year of the Joint Venture will end on December 31. 7.2. Records. The records of the Joint Venture will be maintained at the principal place of business of the Managing Venturer or at any other location selected by the Managing Venturer. Appropriate records in reasonable detail will be maintained to reflect income tax information for the Venturers. The Joint Venture will pay the expense of maintaining its records, including the share of the expenses of any Venturer or Affiliate allocated to it in accordance with such allocation policies as in effect from time to time for maintenance of Joint Venture records. Each Venturer may inspect and make copies of the records maintained by the Joint Venture during reasonable business hours and upon reasonable notice. Each Venturer, at his expense, may require an audit of the books of account maintained by the Joint Venture to be conducted by the independent accountants for the Joint Venture. 7.3. Reports. The Partnership Representative, at the expense of the Joint Venture, will cause to be prepared and distributed to each Venturer after the end of each fiscal year the annual income tax returns of the Joint Venture for the fiscal year. The Managing Venturer shall provide any and all reports requested by the Partnership Representative to assist in its preparation of such tax returns. 4888-9808-6664.v2 7.4. Method of Accounting. The Joint Venture records will be maintained, and its Profits and Losses will be accounted for, in accordance with the method of accounting adopted by the Managing Venturer. 7.5. Representations of the Venturers. Each Venturer represents and warrants to the Joint Venture and every other Venturer that (a) he is fully aware of, and is capable of bearing, the risks relating to an investment in the Joint Venture and can afford to sustain a total loss on such investment, (b) he understands his interest in the Joint Venture has not been registered under the Securities Act or the securities law of any jurisdiction in reliance upon exemptions contained in those laws, (c) he has acquired his interest in the Joint Venture for his own account, with the intention of holding the interest for investment purposes only and without any intention of participating directly or indirectly in any redistribution or resale of any portion of the interest in violation of the Securities Act or any applicable law prior to the effective date of this Agreement, (d) he has (i) been granted access to all information requested by the Venturer regarding the Construction Contract and all proposed Joint Venture activities with respect thereto including the financial aspects thereof, and (ii) had the opportunity to meet with, ask questions of and receive responses from representatives of the Joint Venture, and (e) he understands that there is no public market for his interest in the Joint Venture, that there is no present intent or likelihood that there will ever be such a public market, and that even if a market were to develop, the Venturer might never be able to transfer his interest in the Joint Venture, thus bearing the risk of his investment in the Joint Venture for a substantial period of time. 7.6. Notices. The Managing Venturer will notify the Venturers of any change in the name, principal or registered office or registered agent of the Joint Venture. Any notice or other communication required by this Agreement must be in writing. Notices and other communications will be deemed to have been given when delivered by hand or dispatched by telegraph, telex or other means of electronic facsimile transmission, or three business days after being deposited in the United States mail (registered or certified), postage prepaid, addressed to the Venturer to whom the notice is intended to be given at his address set forth on the signature pages of this Agreement or, in the case of the Joint Venture, to its principal place of business provided for in Section 1.3. A Person may change his notice address by notice in writing to the Joint Venture and to each other Venturer given under this Section 7.6. 7.7. Amendments; Waivers. No amendment of this Agreement will be valid or binding upon the Venturers, nor will any waiver of any term of this Agreement be effective, unless in writing and signed by all of the Venturers. Paragraphs 4.4(i) and 4.9 of this Agreement shall not be modified or amended without the written consent of Owner. 7.8. Binding Effect. Subject to Section 7.20, this Agreement will inure to the benefit of and will be binding upon the Venturers, their legal representatives, Permitted Transferees, heirs, administrators, successors and assigns. 7.9. Duplicate Originals. Any number of counterparts of this Agreement may be executed. Each counterpart will be deemed to be an original instrument and all counterparts taken together will constitute one agreement. 4888-9808-6664.v2 7.10. Construction. The titles of the Articles and Sections in this Agreement have been inserted as a matter of convenience of reference only and do not affect the meaning or construction of any of the provisions in this Agreement. 7.11. Governing Law; Jurisdiction. This Agreement is to be performed in Tarrant County, Texas and is governed by the laws of the State of Texas, without giving effect to the principles of conflict of laws. Each of the Venturers consents to binding arbitration as provided in Section 7.12 for any dispute among the Venturers arising out of matters related to this Agreement or the Joint Venture. Except as provided in the next sentence, each of the Venturers waives the right to commence an action in connection with this Agreement in any court and expressly agrees to be bound by the decision of the arbitrator determined in Section 7.12. The waiver in this Section 7.11 will not prevent any Venturer from commencing an action in any court for the sole purposes of enforcing the obligation of a Venturer to submit to binding arbitration or the enforcement of an award granted by arbitration herein. If any action, suit or other proceeding is instituted in court in accordance with the preceding sentence, the prevailing party shall recover from the non -prevailing party all of such party's costs and attorneys' fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom. "Prevailing party" shall mean the party entitled to recover his, her or its cost of such action, suit or proceeding, whether or not the suit proceeds to final judgment, and "attorneys' fees" shall mean the full and actual costs of any legal services actually rendered in connection with the matters involved, calculated on the basis of the usual fee charged by the attorneys performing such services, and shall not be limited to "reasonable attorneys' fees" as defined by any statute or rule of court. 7.12. Dispute Resolution. (a) General. In the event of any dispute among the Venturers as to the interpretation of any provision of this Agreement or the rights and obligations of any Venturer hereunder, such dispute shall be resolved using the dispute resolution procedures herein. The Venturers shall continue their respective obligations hereunder notwithstanding the existence of a dispute. (b) Initial Meeting to Resolve Disputes. Any Venturer may from time to time call a special meeting for the resolution of disputes. Such meeting shall be held at location mutually agreed upon by the Venturers within five (5) working days of written request therefore, which request shall specify in reasonable detail the nature of the dispute. (c) Mediation. If the dispute has not been resolved within five (5) working days after the special meeting described in the preceding paragraph has been held, a mediator, mutually acceptable to the Venturers shall be appointed. The cost of the mediator shall be shared by the Venturers. (d) Litigation. Any controversy or dispute not resolved through non -binding mediation arising out of or relating to this Agreement and the Contract Documents, or any obligations hereunder or thereunder, shall be brought in a State or Federal Court of competent jurisdiction in Tarrant County, Texas. By executing and delivering this Agreement, the Venturers, irrevocably (i) accept generally and unconditionally the exclusive jurisdiction and 4888-9808-6664.v2 venue of these courts; (ii) waive any objections which such Party may now or hereafter have to the laying of venue of any of the aforesaid actions or proceedings arising out of or in connection with this Agreement or the Contract Document brought in the courts referred to in clause (i) above and hereby further irrevocably waive and agree not to plead or claim in any such court that such action or proceeding brought in any such court has been brought in an inconvenient forum; (iii) agree that service of all process in any such proceeding in any such court made be made by registered or certified mail, return receipt requested, to such Party at their respective addresses provided on the signature page of this Agreement; and (iv) agree that service as provided in clause (iii) above is sufficient to confer personal jurisdiction over such Party in any such proceeding in any such court, and otherwise constitutes effective and binding service in every respect. The Parties hereto irrevocably waive the right to trial by jury in any action to enforce or interpret the provisions of this Agreement and the transactions contemplated hereby and thereby. 7.13. Other Instruments. The Venturers will execute other instruments and agreements that the Managing Venturer determines to be appropriate to carry out this Agreement or any provision of this Agreement. 7.14. Legal Construction. In case any one or more of the provisions contained in this Agreement for any reason is held to be invalid or unenforceable, the invalidity or unenforceability will not affect any other provision of this Agreement, which will be construed as if the invalid or unenforceable provision had not been contained in this Agreement and, in lieu of each invalid or unenforceable provision, there will be added automatically as a part of this Agreement a provision as similar in terms to the invalid or unenforceable provision as may be possible and be valid and enforceable. 7.15. Gender, Etc. Words used in this Agreement in any gender will be deemed to include the masculine, feminine or neuter gender; singular words will include the plural and plural words will include the singular; and the word "or" will be disjunctive but not necessarily exclusive, unless the context otherwise requires. 7.16. Involvement of the Joint Venture in Certain Proceedings. If any Venturer or any Affiliate of a Venturer becomes involved in legal proceedings unrelated to the business of the Joint Venture in which the Joint Venture is called upon to provide information, the Venturer will indemnify and hold harmless the Joint Venture against all costs and expenses, including without limitation fees and expenses of attorneys and other advisors, incurred by the Joint Venture in preparing or producing the required information or in resisting any request for production or obtaining a protective order limiting the availability of the information actually provided by the Joint Venture. 7.17. Waiver of Partition and Certain Other Rights; Nature of Interests in the Joint Venture. Each of the Venturers irrevocably waives any right or power that he might have: (a) To cause the Joint Venture or any of its assets to be partitioned; (b) To cause the appointment of a receiver for all or any portion of the assets of the Joint Venture; 4888-9808-6664.v2 (c) To compel any sale of all or any portion of the assets of the Joint Venture; and (d) To file a complaint, or to institute any proceeding at law or in equity, to cause the dissolution or liquidation of the Joint Venture. Each of the Venturers has been induced to enter into this Agreement in reliance upon the waivers set forth in this Section 7.17 and without those waivers no Venturer would have entered into this Agreement. No Venturer has any interest in specific Joint Venture property. The interests of all Venturers in the Joint Venture are personal property. 7.18. Venturer Approvals. Written approvals by Venturers may be given in lieu of a meeting of Venturers. A written approval may be in one or more instruments each of which may be signed by one or more Venturers. A written approval need not be signed by all Venturers or by all Venturers of the class of Venturers whose approval is required unless the approval of all Venturers or all Venturers of the class in question is required, but notice shall be given to all Venturers of action proposed to be taken by written action, or an approval given by written action. 7.19. Venturer Meetings. Meetings of Venturers or a class of Venturers may be held on such terms, and after such notice, as the Managing Venturer may establish. Notice of a meeting of Venturers must be given to all Venturers entitled to vote at the meeting at least five days before the date of the meeting. 7.20. Creditors Not Benefited. Nothing in this Agreement (including specifically Sections 2.2 and 2.5) is intended to benefit any creditor of (i) the Joint Venture or (ii) a Venturer. No creditor of the Joint Venture or a Venturer will be entitled to require the Managing Venturer to solicit or accept any loan or additional capital contribution for the Joint Venture or to enforce any right which the Joint Venture or any Venturer may have against a Venturer, whether arising under this Agreement or otherwise. VIII. DEFINED TERMS As used in this Agreement, the following terms will have the following meanings when used herein with initial capital letters: "AAA" means the American Arbitration Association and the office thereof located in or nearest to Fort Worth, Texas. "Act" means the Texas Business Organizations Code and any successor statute, as amended from time to time. "Adiusted Capital Account" means, with respect to a Venturer, such Venturer's Capital Account after (i) crediting to such Capital Account any amount which such Venturer is deemed to be obligated to restore pursuant to the penultimate sentence of Treasury Regulation Sections 1.704-2(g)(1) and 1.704-2(i)(5); (ii) crediting to such Capital Account any amount such Venturer is unconditionally obligated to contribute to the Joint Venture under Section 2.5 of this 4888-9808-6664.v2 Agreement or applicable law; and (iii) debiting to such Capital Account the items described in Treasury Regulations Sections 1.704-1(b)(2)(ii)(d)(4), (5), and (6). This definition of Adjusted Capital Account is intended to comply with the provisions of Treasury Regulations Section 1.704-1(b)(2)(ii)(d) and 1.704-2, and will be interpreted consistently with those provisions. "Adjusted Capital Account Deficit" means, with respect to a Venturer, the deficit balance, if any, in that Venturer's Adjusted Capital Account. "Affiliate" means (a) with respect to a Person who is an individual, a member of the Immediate Family of the individual, or any corporation, partnership or other legal entity controlled by such individual, (b) with respect to a Person who is a corporation, partnership or other legal entity (other than a trust), a beneficial owner of an equity interest in the corporation, partnership or other legal entity or member of the Immediate Family of such beneficial owner, or any corporation, partnership or other legal entity controlled by the corporation, partnership or other legal entity and (c) with respect to a Person who is a trust, the grantor or trustee of the trust. For purposes of this definition of Affiliate, control means the beneficial ownership of fifty percent or more of the voting securities or interests of a corporation, partnership or other entity or the ability to manage or direct the affairs of the corporation, partnership or other entity by contract or other manner. "Agreement" means this Joint Venture Agreement. "Capital Account" has the meaning assigned to it in Section 2.3(a). "Capital Contribution" means, with respect to any Venturer, the amount of money and the initial Gross Asset Value of any property (other than money) contributed to the Joint Venture with respect to the interest in the Joint Venture held by that Venturer. Any reference in this Agreement to the Capital Contribution of a Venturer will include a Capital Contribution made by any prior Venturer with respect to the Joint Venture interest of the Venturer. "Cash Items" means securities and cash and cash equivalent items. "Code" means the Internal Revenue Code of 1986, as amended from time to time. References to sections of the Code include successor provisions to those sections. "Construction Contract" has the meaning assigned to it in Section 3.2(b). "Depreciation" means, for each taxable year or other period, an amount equal to the depreciation, amortization or other cost recovery deduction allowable with respect to an asset for the year or other period, except that if the Gross Asset Value of an asset differs from its adjusted basis for federal income tax purposes at the beginning of the year or other period, Depreciation will be an amount which bears the same ratio to the beginning Gross Asset Value as the federal income tax depreciation, amortization or other cost recovery deduction for the year or other period bears to the beginning adjusted tax basis, provided that if the federal income tax depreciation, amortization, or other cost recovery deduction for the year or other period is zero, 4888-9808-6664.v2 Depreciation will be determined with reference to the beginning Gross Asset Value using any reasonable method selected by the Managing Venturer. "Encumbrance" means any lien, pledge, encumbrance, collateral assignment or hypothecation. "Gross Asset Value" means, with respect to any asset, the adjusted basis of the asset for federal income tax purposes, adjusted as provided in Section 2.6. "HUD" has the meaning assigned to it in Section 3.2(b). "Immediate Familv" of an individual means (a) the individual's spouse, brothers, sisters, parents, children and grandchildren, and (b) the children and grandchildren of the individual's brothers and sisters. An adopted child will be treated as the child of his adoptive parent or parents if (but only if) he was adopted before he reached 21 years of age. "Indemnified Persons" has the meaning assigned to it in Section 4.4(i). "Joint Venture" means the joint venture formed under this Agreement. "Liquidator" has the meaning assigned to it in Section 6.2(a). "Losses" has the meaning assigned to it in "Profits and Losses." "Manaiziniz Venturer" means Block Builders, LLC, a Louisiana limited liability company. "Non -Profit" means Wind Terrace, Inc., a Texas nonprofit corporation. "Nonrecourse Deduction" has the meaning assigned to it in Treasury Regulations Section 1.704-2(c). "Nonrecourse Liability" has the meaning assigned to it in Treasury Regulations Section 1.704-2(b)(3). "Owner" has the meaning assigned to it in Section 3.2(b). "Partner Nonrecourse Debt" has the meaning assigned to it in Treasury Regulations Section 1.704-2(b)(4). "Partner Nonrecourse Debt Minimum Gain" has the meaning assigned to it in Treasury Regulations Section 1.704-2(i)(5). "Partner Nonrecourse Deductions" has the meaning assigned to it in Treasury Regulations Section 1.704-2(i)(2). "Partnership Minimum Gain" has the meaning assigned to it in Treasury Regulations Section 1.704-2(d). 4888-9808-6664.v2 "Partnership Representative" means Managing Venturer or its designee. "Percentaize Interest" means the interest of a Venturer stated opposite the Venturer's name on the signature pages of this Agreement, expressed as a percentage of the whole. "Permitted Transferee" means, (a) with respect to a Venturer who is an individual, a member of the Immediate Family of the Venturer or a trust whose sole beneficiaries are members of the Immediate Family of the Venturer, (b) with respect to a Venturer that is a corporation, partnership or other entity (other than a trust), (i) an equity owner of the corporation, partnership or other legal entity, (ii) any entity wholly owned by the corporation, partnership or other legal entity, or (iii) any entity wholly owned by an equity owner of such corporation, partnership or other legal entity, (c) with respect to a Venturer that is a trust, any member of the Immediate Family of the grantor of the trust, (d) any Venturer, and (e) any Transferee approved by Venturer Consent. "Person" means an individual or an entity including any Venturer or Affiliate. "Profits" and "Losses" mean, for each taxable year or other period, an amount equal to the Joint Venture's taxable income or loss for the year or other period, determined in accordance with Section 703(a) of the Code (including all items of income, gain, loss or deduction required to be stated separately under Section 703(a)(1) of the Code), with the following adjustments: (a) Any income of the Joint Venture that is exempt from federal income tax and not otherwise taken into account in computing Profits or Losses will be added to taxable income or loss; (b) Any expenditures of the Joint Venture described in Code Section 705(a)(2)(B) or treated as Section 705(a)(2)(B) expenditures under Treasury Regulations Section 1.704- 1(b)(2)(iv)(i), and not otherwise taken into account in computing Profits or Losses, will be subtracted from taxable income or loss; (c) Gain or loss resulting from any disposition of Joint Venture property with respect to which gain or loss is recognized for federal income tax purposes will be computed by reference to the Gross Asset Value of the property, notwithstanding that the adjusted tax basis of the property differs from its Gross Asset Value; (d) In lieu of depreciation, amortization and other cost recovery deductions taken into account in computing taxable income or loss, there will be taken into account Depreciation for the taxable year or other period; (e) Any items which are specially allocated under Section 3.1(c) or 3.1(d) will not affect calculations of Profits or Losses; and (f) If the Gross Asset Value of any Joint Venture asset is adjusted under Section 2.6(b) or 2.6(c), the adjustment will be taken into account as gain or loss from disposition of the asset for purposes of computing Profits or Losses. "Project" has the meaning assigned to it in Section 3.2(b). 4888-9808-6664.v2 "Property" has the meaning assigned to it in Section 3.2(b). "Proportionate Share" means a Venturer's share of an item, based upon the Percentage Interest of that Venturer as compared to the Percentage Interests of all Venturers entitled to share in the item. "ReQulatory Allocations" has the meaning assigned to it in Section 3.1(d). "Residual Capital" means any unreturned Capital Contribution which has not been distributed to a Venturer. "Securities Act" means the Securities Act of 1933, as amended. "Site" means the real property on which the Project is located. "Special Distributions" means any amount distributed to the Managing Venturer pursuant to Section 3.2(b). "Structurin,2 Fee" has the meaning assigned to it in Section 3.2(c). "Subiect Year" has the meaning assigned to it in Section 3.1(c)(ix). "Supervision Fee" has the meaning assigned to it in Section 3.2(b). "Transfer" means sell, assign, transfer, lease or otherwise dispose of property, including, without limitation, an interest in the Joint Venture. "Venturer" means any Person identified as a Venturer on the signature pages of this Agreement. "Venturer Consent" means the unanimous consent of Venturers holding all of the Percentage Interests held by Venturers. [Signatures on the following page] 4888-9808-6664.v2 SIGNATURE PAGES VENTURERS Wind Terrace, Inc., a Texas non profit c rporation / r By: + I Name:trv-lea aret Lemons Title: Secretarv/Treasurer Address: 1201 East 13t' Street Fort Worth, Texas 76102 Block Builders, LLC, a Louisiana limited liability company By: Name: Jason E. Keller Title: Mana2in2 Member Address: 619 Jefferson Highway, Suite 2G Baton Rouge, LA 70807 Total: Initial Initial Capital Percentage Contribution Interest $990.00 99% $10.00 1 % $ 1.000.00 100.00% 4888-9808-6664.v2 SIGNATURE PAGES Initial Initial Capital Percentage VENTURERS Contribution Interest Wind Terrace, Inc., a Texas nonprofit corporation $990.00 99% By: Name: Maa -Margaret Lemons Title: Secretaiv/Treasurer Address: 1201 East 13t" Street Fort Worth, Texas 76102 Block Builders, LLC, $10.00 1 % a Louisiana limited liability company Name: Jason E. KeIler Title: Manaeine Member Address: 619 Jefferson Highway, Suite 2G Baton Rouge, LA 70807 Total: S 1.000.00 100.00% 4888-9808-6664.v1 Block WT Hughes House CC Joint 'Venture 39279 Tommy Moore Rd Gonzales, Louisiana 70737 PHONE: +11225930"60 FAV +12259309915 ,Ski 111CON".17RACT 116 AUREEWEN I is ividduthic, m, April 13,2021 byawO hi;t%4xn filliwL 'AI flughimi liatme(WMitt Vrtttesnr 1h tot err Carr r3 to as "Conftwilor"o mad Runvoti Vmwrueflaat U k. 43110 Rvether 7501t1, M 2U614.8140 t.hemlikaftefirtleffed to - Su3 ,riftilot.4,t MUNESSF. - III a omiractorwill cmicir Wit a cautittet. hei-eikialto ItUired wao thi: "(741ti"Ll".dalod with Aivivirlidle4 i-ororrcd w am TKvncr", w pkifom "Ytalia tqbar and F111-1`1611 Ltifilin inak-Tlah m wmwi:116n 4-fth 1hr. Lrczkirm, orm4mrlim, ami completton a H H Public Infrastructure (1i0wikmf1m mrcriw ki ilte -11r"j;wt')a0C0rdjAt It, pl-VOWt4l slr llival.atis JPUCps"hy, hcraihw1ixm-G�xwd ui a* lvhiah CmbuA mad aM ajdatda thcrda maid all of wh;4 14"A AIW &p=1fjawtwmu acid Imy JAwl"r rw 4&Utir"p* thurtuo sit 11cfo3iv 1"Wot1wmited w0jim and vnb& a t1q14,*F 031" SWIN111IMLA, mid ww 6mflodkvliy r-ATTW to as 16L -Ctiiibad 1,11(wairimLv" Lmd W1 ITWAN� Ow jimlio bmto tksbv to wntfact with ref4wen" 1t, a jwi afthu ti%vrl pe&*me-d undcr the Ckiiamw� NR)W, THM-YORL for and to onimil "km of the jwmgtw%, imid $c ubligaliima walaiivod homim, it K agracd w% A, ailxrrrirrat Ica <tcer artft mid jWqxcv W fitrakh oil IONW, mnwrial, eqOpmmi, wi-Nuct, and supplies in cirdo to p"fonn , m amxmlwrad With Ilia rollim"Ip V'xhlbi6 attaultrd berviij miji madc a mqd of Ow Agmmi;4it `Exhibil A lAmirm.1 Doemerds" 4to 6c tm filt at 04tiII-MOW4 offip.3) I-ftswriinuo lta guirratl tet oakf Cvilirsoft" Npriiiialion k4 Payment, `Vibibit D I'mitot ScJWwk- I�A+A F ;Suit-L, tfWvwk' 'T'Ahibii F 3 Weak 1-43A Abcad Sohedwk Forni" "r3d'ifill G Reqiwtt I'm laxpaycr W-unliliwaicia Numba and Cadifii<*ifioli" "Exhibil I I Subuirilm--w Safety RatkuttmexjW' In etm=,Akrm Wit-11 11to poitmTrilimcm of the alwvo dust Wofk- $UbN,ftUwAL1r'* 14ubmiU puckmgte to wpi*;) PO4 all smplei rr,"ircd by tht Cimino Dokmwals qhall he &Aivmvd to Coitrnattttoa kit 6011"m April w19, 1021, U"d %whvOnknwrot thall rmiwitc- will "a-tswil" tirawings, k"-taliiig mimunk, %wramlics, pmw1U, raal., hounwev, with P11 applimbleg buddirlit I;ajdcv mill Ow FwtwwiCwLk of 111C AmufiiOna wilb 1-JoRbAitica Act, rctownwi to otho drewiup-.4 I'm I* puqie,*c ofwtvdiaiiting Leith other bvd&s, fidid rye uremucmtw. lwy-(ffljls. Aftilv ckm-mp Avid loll-linic "t4A eqio-intchdcul ompAble AvA M I"mpl6h in F1 Ilia i tIkv Contrawt INvumertit or m chmicd by I 'ontr*dAir, ('"ImAw bt3vbv agrem to rmy Staht ttimtrax lilt, hul4qui 4.) t1w !crisis mid mmAlum" *0 Pit$ herc4p- as imianartaim fax k6 cmplvtc FwAmna"Cr- hereutido the im" out millicoms"wnth AridZerou Ccuts ($I,1174,029,00)oouhjoct to AddlLittakil"kil dedtic-flonot mad to 1w paid m "Wcd in tfic "General (7011,411itiVIOS" 4011 GIF111 tic in The stain or SIfiW60 thiall be withhold In rmwpt or all -No built" Wu mula"Itialk, "alorld ttv duo 000ratt Dotinuo"to,' And that foopyeimett Trill he rekmed oud% upcol, aliftepot-Al by 0%'okev4 Arorhhm sisal Cantrklotltw- Thy jwi� Is stdjt,44 Vj p4diflOfth mots doJUt;ekMk-- toad It bc poW to proyiAgAl in the G"Ltdj Cl-kadiiii"to; cordoi4 i I ma-0 [U&S 1A) halo& tAxCoo W dolivcm qjLwgcA All,' JutkakiroAov ANA"ifntmo fin payjavkki inumi L44tiAm to deaxiked vehe.ink, vj* yjkjLH Contracum itail otoilmi ilwof Ott tho f(wm okliticlictl Ite'veto as "N-1kittit I[—, and Failing as SuhC�ktraaW411 tm I trot Ivpmid, Ilse !i;utpaoikitraut Amount %h4li nut tm situ act to etwolation ott mcvlunol of (WN fluotuatimu dint, niaN� o&;tw in t1W wit of labor. filet nimciiark" equip"neol or o'"wor itemm nmjed w pcifoyin dw Wootit. to OK PrW im am t-4 flit ot. kottal Cmidil jorki. Ih.-- P"ecst tage of o: *& c*iuj ate, of Stokw,im trovt% w to iv pm W Lb P. apptil ved aunt le" ' IF EN rTRC ENT ( 10.0 oWt tt ( tdm D• The Goamrid Conthfivotts vat fmill lwtailo Pm IWP��4 m+Y 61k-OFutld IW"tut in dicirlmlim7 1`0 roodc 8 raft h " VL CtAd"am and Whamiroeoik WmIn agmc that NO Jwz�,cZA W &% %Uh0rW4TWt Ivor w. the. (k-actits Uo"ditimm e-( th), 4m6zmtpad, including may and tota add btuwm. di letinsa, to revilivorook (---AvAivclY rderredtit" 'Ruvixikkvol)will %.014 tie"Ilzij notn%& a pan tirthe NuIrovont000ket- uttless and uvil� Wilmot Nuid `141'ket v-itimath , agent tic Revision is lvxtidotm F-,doibil 'T' of Baia N p AW a comed panics sign madHatt ltalowarnox -bit �P% lAkil ill 111104-hM IlMui And ifiW"WUtCJ . t to dial *pcoitric Rovolon, tin T"AM IN the [wrtivi bt relit faitw Istrcnattra act ifiar harp is @% of the AWr oolm-, -4 f1wiff Block WT Fiughe% I Inotow GC' Joint WmIlure I IrAm %itt.4 Pj . i'1V1V-AA1 Rummocy Construction, UC 519 12.3 Ry u I late signed -*AY W C FrLECTRONIt'MONOURLS: 1-11B IWITIRS ffFFRFUV A(;ItFF THAT TMS SWWON-MA(I'AND ANY A-MENDIMENUS. ADDENDUM OR C1J.AN(4,STMKE1P MAY EVE ENF)MY17VU OV I'MYVILDING AN KI.,FCTI(OSTCqj(.1,NNrURC t[NDFItTHIRTMIS(lF'I'F$f SIGNATURISAC% 15 f--TAQ, ANDtORTt(b;TCxA,s 1qoitiro"t EjC(-rR0NIC rWVNq*VT10NS AM 43-001, KTSEQ., AND 141AY .4OT HT)FXfF.D l,£fRAI, IP"Prr SOUXV HFCAITSF IT IS IN F,1*,(YW)N1C FORINt Eikvthv "a-Thim Subornonwi qW lootcome effftilve raipor, (5) " after date of the oelmortifluts at dur Camudrart Oviortmorrits, as darkwil herein. tj amd loatm" Blxwk Wf fluglaris lik"Aw OUJO11111 VrW"f* teed Ow III IF, HACK WITIH-4 "Vi". (5) HIjAl NVijs I)AYS FW)M RECKIrr, AND Ul jrX k RYhio Tilly "In' TO RWIN 0 fTS OM.R TO CON TRAt -T IV Nt "' RIETItt RN FD BY Tiff ST-kTF-D WoWU NI- I" ON "A I A. 0 AVE N 0 01ii-IGATTOIS TO SV11CONTRACTORAND INVOICES N}Tlj. NOT BF, AMROVED VOR I1AVNWNT I I N1 T11, THE ACCFPTANCK C0PV0F TIJIS AGRFEM ENT IS r..XR('lLrrF.l) IW THE SUD(I)NTRU-17OR AND RrI'IJP-NFj)T0 ['OSTR,1ILM'OIL JA No 23.-W5 No, GENTR-Alt, ( X)N RITIONS ..oldmc,j M)4:4ancou- FritAns 0m: -iuk-m*rJjm "Aid Ill C 11CR I icwjam Oda arm! q to aw Subcontrael Onto genced coadmitoriN mild Special LonelitimS, all cXPm%1 wfiflran . all (10AW11W.S� tpp,"i , addi: itbo.-I dlainglc% isiziuw ptiL yard oil mod6utitAis issued iubs�,qtjeru tit theSittommud 090 with M*t 14, aryi-ort, specifically 42wtW in tim Subconliitctos the -work- to he perfiflinted by StAS!iOhtrn00T fight to POVULL'ot M. VXCILISMIN, livered by this %libcontract inrqpectivc orally rioliq in any etcher ciiii"ell Doculm-citt I Nullenninictor has road and iY, thwomu0A), hunillor with Lite Contract 01wkwilt-Alm tnd agfL" 14) be bonnet to curorgictur by the ionic Alatithirds fut perf0itnudwt w, We set roniff in JIW. COMMA 1,lickUnit!"W Wilkh WAUte to Ult J'a% agftOl 141 POWIdt, aSdeSrinbed MOrr tultY in 111kblbll 11 f*,A-,ltip(jon oi Work 'Si 64�qntrwwr �hall Flowicle quporvi3ltin rut till Phases vfikon �vflrk SUX-tialracbm aisd rmy "IF 6 subLonli-arotors perform of its toklWA In Ivewelumv wl di rL�identaiii build i fig jr0thfiry standaiM RuNkintr"It" Awli Lwqc the ',Oirk ppqfRnaedM-or on in he perftNrmcJ tit qm4mallic 01oxor6oc �Nii]k arty 4prih,*ble perttitrtiean4e slataiurttS w Al fiAi in tile Contract 11k),U]TWOLS, Any qkws1Io)rLN ueptAing the impliticabilivY of a Milimiftnee,Aimidald svt 14tth in The Conl4ael DwIllneub, t4itill K- ctitiviruod an I favor in shi-, Lwid any JelermInAtt"ll fogariling cmiric l"ItTfIrrudion shilimild Ill any lcpl procceding including ctionland arbittidion in nnfmc It, to wor�' lb IlL perranned by Subwofliwtot pursuant 1w lloni�c. btrewnh met i oLvordatted s4 101.1he 4'. -1 DINklawlits, trictliffora" liemn by ;oevwi Irmo will N viriled out In A;Iri-ilt comp and Identified m I-Nhtbil "A" to ibo mlill000no of Its W14- hemundet, Subcontractor shall tK-1 onk Upon the 1,11MAicill ter COntf4,AkA WhWil %hr011 bt find attill bio.3%rig upon Subwnlructor. 6)pivt of thehe tics b1c in thiek oMctof ConitaLtilv aW will bv avii1ahle lbr laspeclitio by SuhLontrquior or iiiii, of ivt umploycel of audionzed nT- m5critativo at Lilt 104-ionable tim- ,kKI-ICLV a- l[NDIENINM I-o the fullest c0eni peirminied hy 11AW, the Siabct,ttirat.€fir cxprei�.-;tv afam its dri.-iM jot sotwoniminr'% evict-eiWolui with coumorl sclecIteil the Coftirilttow lntlomrnj. andi hold hiinifiless Oymer, Conliltdolf, Archucti, wid um WWI panic,, Which Vontrartof hovs agr" to indemitify in tbecuninict ducumelih, Mid titicir resp"tive officetiti, dtrrctoMNIwrhr0(km' tqoplqym, JgLULS. suit e ,rs' tdfiliaril.II wind assigns (Iterrimfiff refcnrd In a-410:14'Vely as Ow "ondem lag mid cxpcovm ("chilow" I ofan't, findoncreg"), kim and byaftlll IIW�rutd ell c1citM3, -�Uft�j, Jfi�LWIi, qmUSes of McUtin, dart ];�k, URNIRAON lines, peotiltim ivhatwcvci' itwludilig'Wiffitrut limitolit I )If, till cxprnof litigmicin and orbittotioll, r6un einL!j, anal mpirovy,- fees, paimog till acrAturn error in conamilliff willn inprics to or the 404111 14 any pason, or all), and -a djmjqvs 14) Property, AwlWing 4n% of uw, regardims vf picim--islon (it Owne"itlLp &1likoilaractilir 13- Id 4tauto Ctw1m**l duty to dictimd trader the Suk-oli -aet N611 aril such time " it KmO0101 ritas'"nablY aPiw.ffd dW m 1'14011 lul" bi,"l Filed tit "111Y bi fite said ix roil dertcrAcrit upon the Multi; of'o, [twilial Iq441i action or mN—1 rol aThilfAttil" cluni, to defend aim he M980eJ bY the isluallec urn Krsiderdiitl Congfuctirief lJoibillitq Act riciticc. the f1hov cif It 11aws"k, art applicatimi tti cominemv, athittAltom the delivery tit a &cAllettwol. dammed, of K-%any fithel evidemcc 6olit whio it repNonahle mind cutild ardicipaii11119411on '11tiN defdmw and indmility provision lqjpIw!. to fill injuries, 4calb, Or damag�f'% 4113, , performed -r thiN Miiefillnitcl, tit cims-mi In wihnic of Ire ,,inp a) Subcontraeloi's itecount undt: I (nim, or in gov milliner conticclicd with, thti wilitt formed by or Im c , , part by re&wn tit ilic';icts (if ornisiintis or emsowr of ills p3-wn of property ortho Sul^ riirtdr it Star on the joh site or our nl'lts 0411pluvm, agetthi, silho-milUtAri, of wpplim, . inoluding "ithoul lornitadmi, botilly 1111iffy, death, I'M jltllp(4tt' daltuib"t Which arise loom Or In cittilawcuort vvith, I, qldmn%L�c t Jw. rorvgilmo &-Now, and InderroinV lvifm tiov's Ilat Covet fir We irDuWd by, ony aunt, inert, alai,; -aril, Strict itabony or nfeg4glotict: kil"al , licriv , ol INITLm daintIFIC 1A4'-w'N1 by the- ",ole lieglogenct: marry md"wriket 'life dvicm�, and nickafrofw4on ibilptitttiq under this Sulicantrob plivame m or f4i; The Subv(?ntractuf Linder q1tallok4khri 10 nimsy tyaybY ativ hirilLi4inn all thin, t" bensfith WOI`k-ma's Or w, vh-.m en'q corn ilcmjr ;I I I I �w", 41 1'---Ibi I fly himcfa owl, fit outer ler val PIqcr hewrim mtclq. anj '4141140 x lend tti arij tmil uLic an} actjol)q bro4plif b,, or ill the nam,ol, QmAnillf) o Id Iom SLaworitm-lor m xv Sublet p parl of file %vilrl, of Drany third pain t �2 11vispiuvislun %4;01 cordinut in and -ILAI wr,"ve tile cvinplimion tit hrmlimiinai of thi Sib ARTWIX 3- INSURALNUL apeca ro Provide the fisittoving insuranee, with bylkimorr comilionics wtislactoly tat coliftaclot, am Warroak.; " the rcquIromertis shall biJ saitlified 111111-111ghftl the ierM 011115 SlIbcordracl low) lOr it period tit ryw1w. I moliths 11wi-clifteir, except —91.1 f0mb IlclOw. r L oil thr. Commemud (kneral I-whititv orta Aoll-latobile Llatmhti- I he ILN dclincd In Aifto*� 2. 1judl b" ligod wl UdditionAl irmury q14 Imuctme PDIIL?wq dial thc SubelintractoT mint mokfusin, koido thL; ' Llb".,nkrael as, staild hclkv* 'nw-w pub6in -%Ka;i he endomA tit poivi& "I dw t3t`Aivtitc shall be finmary anti rtarn4atntrtlsutctry ewer Any Jtkt,:t 1111i%"AfleQ Colittat%*4 - Thu Subcooll-act 41011 IllaJoUL111- (11MV91611411 the writil tit ;h0 ISLIKOmm-1 anif until the explottit-w of 1welvio 4 12 1 months the nc*4r, inriururicr pollelq%i that provide cov",o rim olintowr6al gunerit] lialiflity, hmo4td ro,"t, 6xmitrwInal liabilliv, perwml i"itirmy, adver6ang injury, prodocti; liability oW mumvIlm Gricrauring, rimmm-'s wid u1scrattuns, "Nkel "s ctin1rw&fijI4im, vilifflovin's biallibry, and flottimoNle limillibly, "Cerd prilittiLi,4 JiAbdnYkt!$0lplVAW ojSOfltwnns shall IV ilwaittlimed far at pmmi of six iplvekm after c-'Pantwom Of there 31 1 I-M) covetuge liar dew ImunmiLk Well abow mil h.- Viih 111V Illiml wit lvss Min thaw.-irt ow in I B fit lllkpw I-sNuired bythe (Itontrici Dow,um,mi,m Rit ikkuxlni[ramin, whicilmr 15 g1rittei: 11 A Bjml,'& are ImW tit Exhibit got themnA7140 JtfctwwIrVN ckswragt.-,fmd know lit detAil6l in l"Nhitili R will be eow-lawd derivirol i k-q o3ccr4j,"- fir it fivi-wittilt Ccrol scate docq nal vfloil flute it ww) Ypr 32 Clittage- It an ahrivo, is or k lir W Lwit:tkA or Vkiiiaped in UnN. %-AV Usi is anti to %att"k, the rquoremenLN above, shall firti-vide and sholt rquire IN I inmirew 14) limvidc, notive in Nvntmg to flic Conuktor anal its agent-4 thirty (30) days ltladrx�tce tifibe 4jellation or chmt$c J )l Proof fir 1151ilricarr. The Subcm=wr gluill furn6h 10 the cororaclor, proof ofilw e%lytence of the m9tirowd wV014Lri:N And lkmll�. required ulwv.'Q up'.411 oxv.cution v I- Lhm anj , lbw prool'shall; IV it C-Cft&-Atc or Insurance fleets vilkilCory' to dw Contwtor and a copy aftlic, robew told iktlly LIPP1leahlc endoh-meats undrider. Fa florc Its fflivy I tit hM Lgt.'W1o4N' istim it' Sball give 010 01411)aVbw hilt alwAidt. ifigjll to demand speed is perforoffmcr virld"ut term mair this AgreVoxen, UmLi-Witit 5,11411 have the right, but not the Ohl 101011, to linitilbil Or' ary firrim cowing the Ntlect NW-1 until qU'LbccrI1rJi-*--oT trtlft ewJ a tltaf itiyuttartt I iu plmecti In fillIctmijilimn" with thr-wrimium-cirwills is rkxMved and oillifroved nyConuactio I'Ailtitc tit maintain di c (Nalred, itivuramv atak, result in Itetalivation of hers Agweig"Ini, as Corliltw�"'-I %r 41ptlint should Subminlravicii: bill to mwintatin the ntsurarce as scl fttnli I tom. C"xa+rlr ine }salt Itlti'e diC eaglet haul nc�,t jl,e etld4grtitran h- is nchtulevIrd Ill el 't wi iopulehantrintinittiotifin it caww clitch SO. 0' t#1 bV SUbA, mu '34 1 bimorance ofifw tvpc covortigm mid vetch 010 L 14lunr! InniW 3, 3;PeCtiliCLI dhqe, -Irj,l ill, tqdo, e w4lh Vxhlhit -11", oftacliecl fit'jelt, and uWoITioraf1Pd by SL1,bMrnJ`HL31Ar RiUM rwovide Contritaw with a urtlificale ofirtmiurdn" w,,nI i tin; :twfi coveralT filreaCh Sob 5Uf*LinJfM,14)r Iftbe-4C, CA7111fiCilb! Of ingaaric.4) ciso ook ptavidud toaittw bVhllo jt 4.4qt.r lienContriwuIir lwillw, righi, to terminate Subm"AM-Ull riff brdi3ch _ Allitritellit eohlynetWC k 0 this rirowq�on SwhQimtravrm's obtumitltt oft*t Iw4titunce mNuirind heroinOW11 on nor nutrincir Ift1kil tit airml obligatikro'i its Sti Intrth in Article, I I Werroi, fit in im. 1 0 [POlic giber proytliorr; 1No Wetly" Subconlrdetot 4!rce-m that no act or ornisshin by the C-natractof shalt act m a ivitive r tit rim requitc4 immitwict No Solirwinims. -Pkt Wig" mPrMlat— trtrniartit iadivctwomar ItA1104ty will -14441MV111411" II-Altht)t ito[witt (hall Kq cridor.'Cd thil the mplirpr will hakc no CfVrhl 4alIVA the C0=16*11' I n0malty ObligntiomN Nnt AiTerted, Suficopinicloir x, t4illmocip of fathomstoo 'Oroml 101.4 requiroa I IluTotwe 3114111 In no k4zv tull'uVe Ilto "40hvVili I u(jill foots I Its Indemrifty ObligatKirm twtettitdcr P""hol, 11W NUbcoLIlWlTMLI4.Fr'5 ukk-Inniq illAigailorts -diall mend tit Otte twill aintiornt ol-im- darnagc, Irm6 or lighilitv ,L-Vt ibed lit OiC IW- crrinito,- prolo,isipnl of this Agreenwiti, mid Ilkt imlenintIN olilligioinins 5liall niti he Ismited to 11W rImouni of insurance obtained or rqtiirJ Praporrly liviourancr P"P000 Fey Sulimpirart0r. trilluss Wwrwhsd provi4A. StAx-ont mi-im Villill pri'Voo-odo Its Own fwtqvT!v inquirmc or similar file and CAU,%WtAl row nigtil Or qu.tpoiCtit lJoiliir Iniguirdneo 11} prii(eokA 6)411 ihtcn:s4 in Ow work, tools aLriil quipnicni 1414 duall ho Lit Sull'oot mt,.Ci,6un cxtwm� ond Contractor shall he ijruk-i mm illjlsWiorj lit AjmMk iodi rryoiolwAe kxiveltillgoe of protiocliort oitikohl"bdor shadl WMve .Whrlyg.alon 4nkinq f'ontritaor, Ownet, thi: Awbiteetwid any Wier rwiv in kiioqia§ Ilivoi Coalrietm is reitton-4 lo *Ajive subrogatjoii in the CMallad Lluk=mWi, %4litther oiucls pturwity I% insured pT rVok, Proporrty Inmimlolve Pnwjde4 at Owner. In the event the C'tirtlrart Moicurnertu irldire Okkticr in Cafiftmutr to pruvida pititj po V jjj� 44 at A We 111 %1"14141 fn.tt and r-mgmled 61kMPL alilill"Ille to wtA, SvuK-tVOtrjLttK shall he miplmsb4c for any deducutite 4plil"ble 4o its wnA, tknijet opt flus8vik-untrae.1 Subcowfach V I 4w 11 and does hofeby'wav4o slihor ioPitigaimst CcaMliwlor, Omxl. the Atolhitek:L inW tow tither prtv in wilf K-C tovtli Colitnotm wi requieltJ to Nyzaiw sljbfdPA1jOfl in the Contract I Mcumerits, MKIlliet miorb tirsioerly iq limnedto tiol. I I'll In ticictiqlIanev WWI Exhibil I't, it i - s an absolute Fequlr�mqnj chm the Suolvormwmoor aW ;miy towel titer Soh-Sithcontriklor, shall prov ide: "Primw-V W Wtlrkci� Ckm1poe"saltno "�iejwgka in dw State whiono the joh 6heing perfilrmM Ili 4 ri to lit: d1muncliwAl by IL�rrllg lbe Slate, WIVWTe theW4 1 in lit, NorRATrLiA. qvmcificaltv In Itisil, "71A of the Sul; Cormtwiom Wt*tkc*" Conipmsaiul pallcvI tiring rho Stine in Item "W" kids' will n(o hr in ilinnce 'Attlithe IA" teolq1temeril AiRTICIT, 4 - COIJIF4t CAWS, AND Rlo-MlIATIONS 1 SUK-ongwicir shall Clittiply with 'all ieclml, "e, and mallwqW law- _ md&-, oNliturices, effmi-ir where the wttk lVeretiWer 1% iti kv rw6mirried, mid will pav All h1-xos'riind ronitiWitim imposed Lit required lly anv law rar tiny chiplovinco; to watt. unmployinkno amutanve, Pemgmmlrolo ago telitemeol ruilds, or ctmi$ar purptlis", and all o4lotrititito"Voi or tither diarges to mid I'm unkm welfare m Other fatrids, iikith Veslomit lit ills work poin"ed hercididel, and Willi reWd Ira tjiV:1k;vnph1Vee-, of Suhctarrirartrai taking pan Ili the PO fottiiwriest. of --.uCh wlick 42 &Iavrits: exclWi\e imbility for kill taxos and omfributions required of Sulicimmmor by the Fed1cral Site i, at Sao urily Act and ittiv unempla%-meni i:4Vtnptrma6km hi,4 tw similar 14W 01'041Y state, Willi ronvel tit t1w emplovit-i (W.Subconuliorivor takingPi In the Pot foo rnmwc of 111V WOAL liewunder and agmcq tit ffillii�ih (OnItUdOr W1dL%USLBL6lC Nknftrn evideriev. d-jul tw� dmlarg ri,14 ukh eviderke, CanlWnr ilmV al 14, optitmi, pm vir resent flir p4ment mid Lwet; xrol oxitimbiamw and deduct the amount W paid cw resen-ed Irom Nyniorrl� duc or its homme date Subco-jr4mtor herowidet, at Suk-onLrokitEff tit its %urvik, will relmhoxv Contm-tot fist such vtpendituTes 4 J SubL:AjnUuLtrK igroccs tit pay Id; %lilt% xir use taxes Linj all fmher tedafil, Mlle, sir local ilws and any pmllkm or addKisomil vh4rltc4 of my nature in ilKnmith applicable in any' -way, w the kkork parlimed or the materials or 64mpoic"i jjNCA by ar ounnochun theirtwil0v ToppirdOms "fillo ptrwri uptio wItom siptAi lim is JeN" In the nviom Sulitottlacltir dom' riol m iikesucli Imy � mrili, ( 74immmir mm, make the paymma toid deduo tile anl,6Wr6 Lbmw. f from iin's. .4kim", duo eil it t lk.%olue due 5ulteoram.!mv or its slixety Wlll I lremirbomi Coninklor iOr such expend i1oune-, 44 5ithi-AlUtFIALM19 Sh,111 qoeMrCand pdy fair arty" and all ice, Wilift.4,00 livirmwsivoiluited kit Suht-U111MLIDE jgmm Ili defetid, orlikikInJI'v, and Wild C-rintraLloe harmless from aniv vivas, claim%, lit lrjhtlptv with nosp&j to any or Li-mitributions metlitiotwil In thin ArticluT rtraily Ix-milpoNoi VOWT r harms in rtminectirm thermah 4A voritorwor reqtj imj 41 drat tool altjoh,31- frtv %k4 ork- oliv In-mimori Air ull rwff,,,4-wm0 NtV, r0cMial.druo.. Lit kin the JoKlie tk-flore, during ox after mirk lims Nulinortimch-ir %foll tic iNtionsible. for safety itfiw 0—prmtrllps and M mplklkyao. and qWI W--tr all ai arasnai±le Bat t prcrtluticeliw m011 ovi"Ifoli%Wark S shalt w1 lm lily with all-wroty Nil it tt-,i armod pmeMutes I it inata�l by C4 1111110001' fill the l4lij&l, Ind Ud Ing, ( Wnhracmf '- pill to regATiling dnw5, alckilikol and c(Irritrolled arid Oull u4jovility wills all Vipplikabit: Lwi, tkirdiamms,, ruhtk, regulwions and arderi", oCally public taidiorriN f0t the safety 01'"Llas tm property, includirm ! but rim I Iml1W 1m., Ilie F,*tal Ucioupkil[Jemial Salety and I lealill Ali fol, N14A 1, Stmhconlrttclor shall imaiLrd mith, riatily Contramir orany injury to am ter tbeSulm)n(rw1nr'i CtilrolLWyeNr 'RkIbcontmitif shall Irrittwir its petsunnel to aliciid ikm- mlav mcdin Fts. the Conimci-Vot might ixmduci xvA dired Subemi-Taom let alotend Stitkorinuctar awms iliac in pej Gining Its Wink, it wil I not cmm-', 11W 1W doposio III any I-mmtdms cheat Frair of substarims Ili an mila"-ftil ig lu*4mlmis mattliel andsilwil be solelv re.wRxilile Fm Clio Im4al, proper and salt; kwOhng. -4cjrilgv mn.1 toinkiwal of rill hazardkm. chenl;ms and s umcr WIMIT U43A k, witncl, age intro-OuLcol vi ilia mie, oo re-nich-rid fTrmV the s4r, by qok-wiritewl, operalloirts. the term -ILLILardalus witskez choomwal.i, of mmn those litutelmls and WI)SIWWC% pi-Athiled, roniticnbed, or the use Pi'which IN cAotwolled by topy agerwy Lit` tho redetal guNtTMU011 or flic appl"file dale lit It 161 A# -lwy Ittivirtgltvisdialtrri ill'such nimitcrs Subetudrdulor %halt tuniplV with all Lind lovid trgalwitHis dealing' Willi Ihor Use, morige it, of art b". Mons waste, and SUIT94taxi S"XX)H1"k10r -Aiikil be T esponsibli. For mn, and all clAums aim] dattiagvs imuJinit; front Ilia us V. i ,-I,dhjiv tiara ,c, removal and &%pos*1 ofrimli hurtudolts imste, chemlcaP% itir 50.5tallmi Iftmo olbe llivwlt, arM will drtmd and hold Contractor hwmlos;, I m ;11 u, an4all riaboilim umwuwed %vh such ux, handlitig, -suplagu, Irmovid imid diltxxtal includinj; all ovsa4xialed wamir.wo' fi&% utid et."tN and ioosb; oful't cleat, iqi oper.limm wherever and wllvflcy� required by ariv giloimmillitil 'M1,111nily AM ICIA, 5 -SI IRMITMON AND eitrARANTIPS 5 1 Nulicbritramor shad hotti0i imillim Lot reasmiable lints ptior tit the --4mc tile retIttired under the Ckkntrart, Al milimitw1%, such cj,. iarnplos. 1Ua6, iltimilig!j, Lijti rind StiledUAC5 Whl;:h Litz riNjUirolij tit imulimliort with t&.�: wfl6- hereunder Apprigyiil of thefartie tilralj nw--t relieveSiAx-ontmim n1`its VeRrAim-mbolliv rw ctijktpl}`lflg with the rcquiremmm:o0he Cottolrowl 0ocurricub 6 SOC11n4nimom shall riattiA all i,enirmich as; quit menj Vow I ta irtees. -mitruriiii-,, hoods_ operating manua-lq, LIPLY inqrtjetmoi rojotmt bly lilt! [Avil-tari DoetatIvots hir ibe wkffk- to. be (wortimikA licrt-imidn *w payment ilodo shall Ito comatued 141 he an ovurptanix o(WI-0 lit M"TiAt wkich Art- klefeelikjo, tit r4lil lo ctmlfoirut to lite 41t the Cooltract I'Xlcumcjili. Stikojillniiricir lt,Lrjmidces that tile wtick glizill too firs. rwri Lkf&-b and shall coni'mm Ili PW JA"-1 OW ril4tilreithenti Lit the Cotillaut and the ('Limtracr l3k)CLIMoors; Iiiiii shall famimb anN. Arista V�wmntoe - reqUirood Virtiler the Vurit rim-1 tit Contract Elxumerih. SitilitflniTw1or jiatatL rik iliv wol J. in VVIiijollN thereof I all PsWlitlil 41,- PallinlFb mNF.Wk which rtroyc deWiwo wilhin W"-6 t& MAne, rewive, rero*4�, teliarit, tit tile �qflisfktsnn of' IN- Owilef, am. INIV k I I veal lame kf]Cd joL 111tj (!Onlruet [lkKWCW �l mielk Imigq I,"od m may he W6 IM the Uk- (if fti'lliv Projo:1i by ( 1wrief providedIlmvever, thiii flqb,� Jbl [AM liof I NIWI lit nO d1irtmisti 11to durativa L4 the alotemid wart anty. Moch Aall w(ki rim 111e IjjngVqj period ltr(tylited IVNL Illb, t'". C'Vejude jNjloj wtrrntinki i tmiAideki h, hiwm [hactintrolUl ARTIC(J�(i HON1144' VES - Retlutred and o WhAed on SuhmarraO Sum ON Ontroullir, SuIxunirmlor OWI m!"Mrigo ri-tr 1144 (Utllb4t, 01 SUbCt44raC1JLt1'N Sale CA.1%1 IMLJ CXPIMNe, W"Iva PCOV-4MA ric-L kind VML im4li'lliksSuhiotIra ti The original hmW& with rwwm :iigrjlW, dated, mid scow 4Vw Ittm6t) must be delivered I., the Cantracti" pi-kir 1%, 1110 oxplrab011 of hVC l 5) bUNIFIC-5-4 days 111197t this 8111*4111fMil Is 17,VmFled or the thi, SOMIMMUIR IS te4l4kreJ 10 C0J)1rfieFWV *11rk Ilm-titid,ci, whichever meat fir -it The two Winds shill Iv. 0 drawn in Omw of Ckingriwfor and Y�ball tie execuied by a surety- com1wiy mi the T , I,jaj 57fj, and on lOrriku trpr"n4l�d by IIW. C(inoriwull. It the World's are tiall linilldM to with thisAsig-le 6, then the Ciml racorsluill 114ve gate w terminate this Sui ntnwt and no payrilem whms(wotvt OwIl by due the- Suboonlr1w0ir Igniter Illis *or ViVot inly wt1A lum been fWfim-incti in tray`mililorrialN 6ave becn ordered oI:j"jIJWh0t 67 No change, alienation, IV; rrindificaflyin in die Rims and condkimms ofth4 SHN'41nn-w-li it,, or in Ilk, olcrm-,i r1T nusnpff of p3Virmil �,hol I Ili airy s1`111V 4NO"Mite Of relame. in Whioll" mir in Mt any surely, on Am, IRMId lurliblioedl by Lm an bet-111,01, this .4 nheliontr"10A rt flirur ant Oatt ftistljits lis ivtOopdredt in 11w Skfl4 mili apAuminit, started cbscwhvre twotin Any additions Ili tits txC;t5i(q*"by Clange Cirderi INIli lout W6WJ. Notwithstanding Onjutwitn'% 4woTyrwt or honds Irkins it pallu"Itir �Jjtkly, of lhat'lutIrty bet-inrays- slussjecr w Supcirle"zon, ttvomelt-Jilp, or liquidatoo prior xNhtigsin any state, then, Suix-on"dot may, at CtIntractiw's orgion N, retfuimJ no (%iA rietv suiely Lxxids -Milicits btu another wurriv acerlitabla lit CtAitrawtivl Ill no adiffluonal ctkv. In Cumnwkiii AW11CLE 7 - IMSVI 11 F RPS411LUTION NIMAIld 4%q4vlaiittte.disjttrtr Ixf WWI` Mittel`s Irk quka�quvn arise bc1lik.,voi Contractor and Suix-ong rswr ov.xvirning ally Vvinlicl ilivi'llving 411 Jwr,irm; Plus I&IIIn List: fi)plowing prucouto 5114 apple Itw dt5litak iK1","4j4vt%'V:,0Ial1 IIv�U'tWTTlqtIed by cuffs vittriv 141 111LA otton kit miting, 7 1 2 nW pittli" iluill (IlAx 0 I?r*-d faith latlorript it-, -Smlc fmch jis-pute POlueb d6pitsic cannot be-liertleA brift'vitt Otto pulnicii 111vil dw kvirluen oidliq oir direclinns tit Cotilmellot ,hull lie 04i'llOveod by S'ohmoliticku or 'llellhaill claim-,, dNimes or dt;Tmaot:14 reNutfirth, frorn folkivting O�knaratWF, iwtilet to diiMion'.1, 7 14 11*v parties lipm-c- that all Jivni-, ilit Other istaitt'n its iflieitittia will Ist, athim". it Corittactok, in ita sidle dixTeutm, E(teidv,; to quhnot tile 'Clattit, dispaic, or prf�r BIMIOT in quialitill, to arbitilation, 4%hiuh devc4ion shill he final ante Minding tit) I All ist6ti-at"m slial I tv, conducted in tinvordanceAich iW Ctinmowtwij Wknit-y RWLs of flat. AmLirgam, AThilialwiti Own ob4amnig mid 1hr uwayd teodeard he, the ashitiatots ahali he fitail and I-nridulg ELi I-) any- dt`ei--ion "n arty LIM-StOfts Of fact andfudgmeril upon iltse award by thembilt-attkits Illiv coterittl by any onin liavmgltiti tiieTiitn 11* rxarf LS Ce In Comfuelor,% qale Coultaclot inin eii:6 Ili o1vWn a rimsiinend mkoid . ; W that Barn Ow whia,41'all lit"torcil 0--itatir ion W-nlfen Upullon the faLtIqudsiteultun No zmOlwi, thO&Vb1o" tenfle-jud Ilk like eveol that Cortuatakir vleu-q lit excrow the forrping %iti(putt, ihr wifiAntiont.0 will rot have the mAlharliv or powrf tit i it teltwel a dt-cl.ilitin which c"AtaIjv4 D sicvVi7able ofor ofstair lit llealeral law, kit' (,it I, Lit ts"ty a cmmc isfljsiiciu ita verned-y nol cqvessly r.iiinlioled for unkir rxi,Mlng Mato of federal hq%v the parties exprt-4v apec trial of the whi.Lratorol) tsxile"t an awattl lit oxeos t)-fille p4weri iii prlivided herein, that ukYard liloy bC5.iIAq:lt4I rrjetial vacaturc as in Ow jpporlwa% of the uwti;d that vivutn a rutic"ifthn error titstaidor *-dcrul hill, jot which irmiude a L4lU5C bl'WRIMI tit #CmcIt-)t VAr9VMiJ-f fJRT*1ded 1161F Lualcir L-Ki%tuitt ss�ilv at rtdoml Nut Chimal; rdaring In the (hkow-i %hall he rew1vod in the irlarinvi p4tkyoded in l� 6imriks lot claims agauggi: the ihvviler 7 1 S In the CIrilt contruchm nwo.1, 1rtigktg so against Subvimt-ractof to cojor(v (Ili% agfcv!Twvnl m in the t-min (*rknIr;lctk)r rmett defoitt) uselfallanteki Orly 4JIjunq by sullomfutrulf trial Co"itactor bledulted this Wrnme"I thA W to hoc 4cewed ky u-tiuls; mion M arfilixamn MW Carstillidt'll 1,4 die I atill, pmk g rwly ptimularlit its the Lrilcm ml Frolh 11creaflArt, Subcoitfintichl silitill he I table to CoritTador 6w reA."iahlo alfcl-tat rer-� and "pm3es, . It , well as Ctias(IfLooll to whiltvitimit, bLluJd the prvdilingrwLy tilitstlst'.Ijeh claim vi Cuotilet-LIAlin Part vvillfidi ilkihulwa takc-tikiihnt�judpmini ra award, vlatmot counta-claim ultk=&xfagajrvN1 it rmp sum trial rg quail to III Im, than the amrskatil, ContractrA ulTbredlo pay trim.-alement of that eldim or it:) ekhelairn rq citttitti tlatrn lift tumlit-Tirsulikelasy rellefopon wjjkclj the uutritur lira] in Cumtrnaoi% favoi, anti 6vl In voul"annee-, in which multiple VaW-9 (ifeelmiltitic tit mnxithait mralot he -c8rrcd for 1110 JttN and rat "WhCollinic-log pittvails lok dic ru-mak 6!;Uc(S), its evitionxt.1 by ifir disl4ited Ca&% moat heavily littipipW Ojol to and oluougis the trial 01 aFlIKE1141011 fidlAtinp, US Idenlir" by list, I%wio In dw everd Like rimbog are unable ra Ov D-N to what Comit'luirN the TRAIn W-0) Oscil it rerilillubli: ruestimptiah shall aso% I Thr-rutt"q, it Ott ON S it illthol vollslitu(c., t9w. roans Issuct 51 t 1% unlit it) lvillic; I fie main 41civil tited by agicouffisset S'Uj.,h J"r ULI:S) as fifenji I &t!d by 1 "Jintimiclor, subject to ;l'Otswittarbut die Tchtiliable prow-imptiloo in filvol Inkirm-didj6" sibilikkki he ovc(oDnic 7 1 ti. Illoggxem"i lit artWale.wit finrib alxpvv -hall be spincirivally cillorcenfile under OW ptuvailing arbitratwis law the venue of^, soli i-K arborlikhoii lZir art btleach ilhhx Apiwilititit is her^ agrieej I(, he I Teas ntlam (Unich'i this tiulvt ztitrl-i 16v% belm lerminalled hV Contrzicittill) dtW will prtlived on any' dts;puW liems ijr4t*t4 without wativing it% claims ARTIC11,E)II —SCIFIEDVIX "ollipleltiorl ill tile. WTWk and M wt.tirql po, verdan the Lime alipul-'d of molquill1v curtimpialrd under like Conawt is of Ific sal thiN SulicututtaLt F'haellur, StAx-OrtVII agrery. (1) its rAYIN"Hju 4L.1 this 11r4lixi sits the materials, equipmoll, IaIIkIkTvr4 mid NuTicr-k-y-slon "CAX-VaTi," Its N.-pAl I-T lq-,Iljlle the ral'bidlVictil prumjltly, diligzaritly and Inwelt or&I-4uld 4;m4lienceivit"n-11-11rtof may drriwt 141 M,4ult: die, Officicill, ex-lletivilous, RW limv�t' proNecuinin of the cnisfe wokilt, ui*Jcs die Coutmel, and i - It, us furmsli miffiew"i forev'j, 5I)pvl v IS1141 1 n, Nuipmew Mill tYlAk 't 14 IN., 111 Mid I I tnhr� anti fair shelf tilcl si-kbo � gio a-% will re, mill in progrel'it avi�f0ding tit 1W av"Ovcd rklukgre�is Whedule 01701""Ctar or .rosy illodificalioll te �Crt,6 flit I Ighp [it modify' Willy suchsuchpois schiodule will,, req�'-1 it) the riJifuhO siqLwitxv to dumhun of the work Lw aiv,, poll t4 . iii 111ITTrof. AIQ Conrrrw.Itit M %Cradlon that SnivaignieutI4 Will fie iihil'. trk CommCneet PTMiceutv Orcomploic ilk- 1AInk ill iturtrdance with, an), whedure. ContrakUr Owl I toil K- Ism 4 h_lr Ili SOK-ontramir Fox abiji Matz in Subcorthaktill-'O ikvotk- ivs1ilk-tv-, 1-io the wl, (rinwdr4n, or delhull 0[ f Kvi&j Lit (W . I -jrtiorti, 11TC I)r (JIller �41L t: It i K*�O, or h %- qLadly. or nn Neftia i -it eke ro, I lit d usttatn 14011V 'AorlMcil or (ghler- In 'Its uixotin't of am aW, Ol 664 M ally 4 IdK4 A�IlWcq hey on *mill al lit ors aectituat of tiny CIWJJauj j 111, , �j � ��, , "I"Aiths;Lassidinp. arilldiAng, e1w. Lcir"allsicA hereirs, the Vqnfraool Will Iv flable tit the lit, at MlWft all It IbJt 1)1`4117y' DAS (It fildUrV,% P,-N salt, by the OqwT Miloh tielul tit wqwrub dic Suk-onImUl0i w*4 offly lit Ihv exivil the 4 Iw,= k liable to Cimuniterof fill yuvli daqtlag-ew and aawllh, pats die Co.ritrucuir our suoh dames, It hainptekxprcy lrE atudlersLoW that the only ohligatoln 11W U41(riw(tor liras ((t pay lit the 'Subcontmom Under 61-; proviAoll Its lo pwis; on (to flitie Owner iffy flaltri ific � 8uhcotrtmtitr *N Ow 14obcoalmOlf hPA for d4ftlilliCs (tv deltay% caulled, kTy the (MT14" ai),] io rtk w OW SuhtarnlracWr arty inurkunm which Ow 0Ilimer Mil to the (ItAltrac;L), a% a i,*Ult "irsacl, Claim, kw Owner caruscd dclms, IMikner tw,.q imiI p;3,,d ('01)1f](111(if d61A)lIJjpe%i tot Any tieras or."ploirtsatIm Ili Subconinclar'3 Aork, Skib6nirsac uu `iL w1c wad ckchw;e renwJv apilst (-'Ptifflit lin .shall ht )it, catch. all Ill Inne (w C4ttllplvlhln mptil lk? the krelae .1, sasue, and shiest only Wav,,pilwo inlaid rot dulav ill made tit Contraickar mid Conirf"or is awaidett on evemilon Ill lilac live Ow"Ci, ANY) RFiJ-'ANFN CON-MACTOR FRt-.)M At L CLMMS ANDCAUNI-,S 14, AVI-RIN AUAINS1 CONTkAt-MR R4 OMMA01i", ARV:tiItkf(l OtIT ()F 1)171-A-VS, 11INDPANCE-N. SI NKNISONS, Ott INICURRILINIoNS CAI ISM ()It tROFRE ' 1) RY RACTOR, FXCEYI-I I IL 11ML EVI'INSION AS SPECIFICAl (.v musvimn ir1--.gr-,1N Any clailli, by "Sufk"onlractur rWT damaw-N fitt &.14tyki uautu-�d by Awlt.CW must sec rlixvivk�d In witting by CmInictilit no Wrr thimi fouritim 114 ) calieridar days loom the. blogtrusing oribc defa�v tit the claim Otall"fir isviuved sulsoillitractur qhidl ho h4lilt MCkilt mutnr rrw " vostsor tlavaastel wMil ling firool am- delay in the tr*jimmouiee fir the wknk ilk tau pelformed undertho Cutiltmo to osed try Sutvinuuewrq, 1§60 %4i:114tvclora, apenlis, 01remr4ayix-S, irwludhlbig but not limited ioluruidatted d4atol7i as�,ksll.-d kyy the clww ma,maki Coili-r000t, which 4u total rndy, Lit Ific Ilption till'Cusib-dOw, be withheld front onv piogiv," polyin"t Jake W to bectsillia due linhown(muli, in tile collectm (TIMM file! STrbcontrriclto Ill lit. surety. The -SiAle(miractot furihet Durces. to InAkv sit -.4 lutalshet.1 IiAmtsi tioic to liniv Irk die Comrwtvr 6i ihT -1 elainis against dIIN ('41kill-actur if the (vt ChedulL age oin WhotreAl lit, !I hemp Lindcr%ttuml that Otillinvior will end-avor Oki exjxxditc colllplvllion offllo.mlijax:l tin Tepidly as PiK,11hicand ors Ml Oldravitling mat� pw"c. ; Jvdulerr dot Ili all eaNltz� Maly hvi( lie vidirivr4l r " IF-Aw. ewlAl Alm like ri ilivil "tit poeilmul is wiq� either pviktp,"t plaringnewl r,t,IIRf4 liedauquo to u.Scd,tiolictivitractm shall Lil"111111' 411111 J411 4e4UJIenlijnIll rr-4u 11 mV Ilroll ilict uikn it( the jeaurittlae a,% ro story vamproliots, and phasing or the 'Afrk and,shall fulmigh upon reoca all intornomioij itequired for the 411PIC11WI)IMO-to aril uNlating. of.,asch JechnnIaN o A mWeKentaiiive tvf Sirltwrutlraawar Whit auldwntli, ill rnal,c hipilong dcgillionit, %hall attetid avcq Wockly IYoovini Meeting mid Mitt uiraingm Lallial by 0471141OCICNT, Should NOLAN SuEtaevtstcttvlttt tvp4T--�ttj44jjflV-14 ttjtj t,) js[fixid any %kWh miccting, 00"tMotor f)IAV tvidliwld the %"in o($150 (ar liquiditled JARl"bil) 1kim Num N tlthVMi-5C Joe SOh-Virtiol-, ('car "-fi wii v .iA, tketmik NO ig,*cd try WgualvirwAar, wmLls! Mcclinp with ri;giiriling the twilireah 40M Fgllxjcol rind nay updated Itchoduling al" work. Stdsminilmwn. will Ole fi Wyk Nv+ Ali end Sijhcdoiti upon ruLsipt. Should ' Sultermir"ir lilt vt array quoxiitun its cmil gricia 11 regardutp 3 jittly WtA _J,LwA Subcontraistoa niti-41 VA'A'Ide Wriflok notioc to Crmtrig;*W, Nkifilin 14 holint-oollerwoke the schie(Imlem oud inf(wMalh-M, &el tortlr ill f1geJ W.4 trwili Ahcmi S-dwill will be AMICLE 9 - CTIANGIRS I Sulloontrinior shall riank-o all alicrol][141"M, furnish Materildl, for, and poform Oil extra VVorL or Amil mly Worli, Cclatalaor may Otiluite, at it inuttlic4nilik liddition Ict"rw &dwetim frym the Ingto Roil tiro lzontra'I twit* NO i6rdl hucia and In J*Atiiortuin otavio. I kywever, V141 alletAtils"K err ClitinglAw xh.411 he mink: MUOM, l"M 0-41traotor'd A rill, if okb'l, !, i-- ( cal ITy an otfmcf ort6 CovArAOAu, Contriwin"staliatirrtanrlt nl gluill be audwrizcid to issue field ivotkrr4L" (an CoftIrba'1&*'M FL"n'),ol -J)v MW h 11,1'1 pl- i'La mu"h outhorilly Is fiemby callwyoly lialiwil if, ficId Lwjffa %likh lindiviAlagill, -4 InIA y, Or tit Ilia ik regatill in it net irual:A I t I I I I. .Oflfc if I t., I, �ur-" of %I XV0,00, Omb"It* &hall utA IN 6*mnJ by ugly vIONLig-m ot willerAtinglat gamin by Subt-imtrucicr in I hu aner,linj (f, � I_ j 1 1'. neat Nihilud in gtOt m d,i, 1-l-Olull pxoQ,�ied %%,fill tuch woril mind shall 4-ep and prownt to Ci4irrigetor Niv aocorivic aisoliumistV, of all CoNjil ineurgird in kWnllC%:tIC* diUl", 161111) AD NtWIk ivir- hi Nath fll-; and will, SON voudicn, re-01ro, or other verWillation as Ceittialcuts "nay mquiry 911 SuWmifackm Otsill submit otqvA&6 Coil altu"tionN ill 111m mwmrr jirmlidrd by One Vc-niraii.-ii Mwilminitta of us instfuuwd gip. Citnfrr�Ja- r, 94 SUbil"IT110W shall "take all 00141119 rM CA(lul CAW IA 10 the04mtrsaIts in the' ' lcmt Vivo (i) lxuxmm days in ig& mv- (if tho fligivW-lacit 'limit tlaunI, an vorimill to be made in, Conlyselow up -on Ovvva Cjawqlied timelrymbdo AM be JfA-laud %alxpj -kRYrC'Lk 10 PAYMENT 111 I On Ute 20th day 01,00A month (VT in any raven at killit two M data tic(oTcaich date on Wlinsh r',c 14t 00110T IONA (NW [higo the livmLictli, I�Vth 46V',� SubL*,tdKK:Aw will submit itu Contialcior an giejil" cill, a gle utf Wtirk ed to muhmil its catintalla to Owner, if Nu -A slate is it performed, Eilimatzo whiali we tubmitud lifter the Niscotfied pubmiiiiian dodo in WIVirittilth May be toUilliad ljy Caritmcuir until the next oubgriksnut laic 6efurr iflq- Aim iiii, "Ohe - -�ecgqicd S �LJUIJ upph"J410 for edyllitnt k* ('001ITMAisr elmporaivAlly illroush the I'Vivow biliting inoduk, to which Subertntilactitt will Inn given &I and Sial-Nintriclor Phall uptulld all "TIPPIrthip c%ridWinot at utatg hL, required to mohouintiate and mdoutitm 10,2 Soboxitracku's Lminlatc tvill Ilk, moludekj in CAI mlnte And finwicided 10 Owner at such Ismi: w it lam been alqmxn,rd by Contractor Contraziew thitill lmvr 1111m right, at Any himu, Pt tspell (rom SkibcontrigIzlitt nwh daist'VORch4ri, FeQPHMM- M'.4"CV1, M Vllh� AWURIMNIA Of 140111111tion all it May "Utto m order W verify t1to aittarnatrota cool titilk..il lailimmG 10.1 To the vN", I that 4 nvoct, 4VL-,Pu Nu6VjnlrltC4q-T"a tvogtcu Catimatv amill 0411 Int" thm Isar J10I dayAI aftcr Isayrticni to 4-'+onkruqiot or the puthlyo tIf L:Stualito, ftucl!plo 111111 paid hN ( Xvner. Co"Itudor will pay to Suter OnfriwilrW ate pcwLcaI4F,4c Of c4thUMINC, net ft-rilk 4)n did frail it& Itcreaf, pmvi&,d dial "antractor shall ItIff Its; twititred to remit Payment to SollicantrAl"tor in the event, in PeNal"UILWA estimation, it'raffivic"I Wage6 4holl not MR111ift Afict ilte retalugrim of, Stiult paIlleat in M-Lict to cnittile Sulicaavtrai t. r to diwAligip; all ilfift ribligatimsj for blbile, ININ&"Alt, jajd "juiplacar- pi-tvi,iouly furnished or to be Jurnivhzil IiySuNmLmw under this Subiw"ll-Ael- Final PAYNO9111 14611 It $,ill& an preiviiiinA in Artiole 10.9� I DA Pa , ymesilt for matirrialli or equipluicill not inomp4raw Mkis the wolik" W delivered and suilablit vlowed at Jim mitt, %hall only fic maillse whete permitted by llkt Contract Lkwarimii anti ttjgj.-w4rq,W ht't`ontgaelur WiNgre, fan gon(M't Diwulilfwaub (wrxn� it rvoymccrl fen aux(rilisk "Marra .in thi: jgib nitu,. Subcogruwkw dull, in Mlifiliogn to I)II otlw[ #A 114m, Contract lklLumelati, wake urlt PrOYINio-11P lgWJL*iNxv, Intinding insla-ginw mverilip, ItIar, of dAn iqe fil the "llaterigil, 141 cavure and jwtdci�J C�stflrwtssii of 0,Atgct'% 411imdriflill CNT"tcrskat 4uld WW*01 to ®side MUILA1,1114- _rt" wegjMr.j, JJW ditlij W, lilt limituild14, rquirmcot, Md vttirli Lwnti�rr tt I'l, "it,till pil-A fit I-Awfial4ka (La hi Owzicl, if the Vtwlrad Iv4wtvNi Coirtradict and Owitur no proi7i&�--q ic"et II* inc.-Wpiraik'n In Lvilaftu'Aisti of njuv tr<ripl A payment tyy Nul),Wotriaetor, whicitevul- 0eumv fiat, filet:, and Ukur mall Items,drumm, %ecjlflly' uIrUMOR, or cill%blNemaci Thix privvittm shall not hu QvIjbideMd am mficvmg Subouvattaotor from the reoponsibilitir [it prot,eet mid prc-Acrvc all golijorinjt, and i4oik tillms WhItAg paymmig Illive ll�dgl ludde., the m44,4algon elf arty dummIcti wut1, and the mainkinalucc of'injunUIVe themtaniftcquirell In oillt;T iirov6ioas, or thin S6pisn"'al, nor "hall it he C(MIAld--tod it, a kvdiveT of the right of CoNat-nactor or Owner to reiLluim full perflngaian,4C of tall rat live obboldions iff"okbetAILT"tail hcMunder. Nt,4withNialudmilt an}ll%jng in Ibi* Suhocaltriset Ida rlau mtr rg, all progms plryiuevt% and fm.ld payment mcnoogNed in ibisarc riallinprit and x1lNuck to Ojlviien of aril *wk pur4unmid by Sulsevintrawk-W And Controictor's rvksoird 4pay1at1-iltl frim f pwriff for '-all " a,wI k 1, o 'r, wink, SUIW,RqNlmAAL4 ilkneN w WLCPI the risk Or honpa)-ment by ralaten- n act paid far 3 Contil� ti 'r in any jlAjrj Call ji"Ll'of final jpj!'I�jjCl�l 1111 L f re-WM, tualtuhir, inability fit I t Ily w,-TWog such is nw in riots it M*n* have Ill purmic Colwivit ornills (MaNtiolding WIML,6 rro"t CN-AlwT, NUN:onln�tc*yr furilles attives 0341 0'iyntil-41 payment tin canlio,lh,r Ill --Ill JIFI)SMSAI , rMynitmt., and final r-saynicni for any wol-k rkof6rim-d by Subcontruakir tpllajl he tin cxrWrS1I Condition proagdent to Arty oldigmigso lL1fCALTjlfa,:lL)I t,j Ill ilt.4� any jlro�,91L" M-12MML-4, IrCtlllllil�M, In" final pqgueat and Subqjisur&*R is OcA criflilgd; to ptimuc puyticrij ji-oll" fi-gati-Boor in tim. 0-.cnt of nonpayment hv q Jw-nur Loma it it mmountile 6utu I'm ohs: 0gintrador toottt-triV4 to I -"*I WIICAA ream Owner hag patilled 101 (!Out"Z914 414111 be entilt0i 1, 5 00i ffifid htlitilIQ sort r urn due the 84110i1filtsOlm hietrt3n$eT dic amisoul ofany tum dial may o-WV to k "'41117,10k'n U"JIJ: May (41111 1 11 11,f ,l ILL-ANICOL with SIdletl"In 11).8 Will tiny sunv Olalrai*" Q11-11 LU'r,11".13C fluill SbfkonUtWiot,q fiJUMUMI rnia4firul Ila; lle�?oflm; "Mai4fikeirtrV, igrkrocattrngi shall ffirn6b k"J'aiatfig'y avollutly lvidtai fiv. h1l.11 - J3*0 Aft't w6two flotiou to hia Last known OLUNgm, and il'Sultoonowfor tialiN to r"6,h *164 *avlagilly, ContriKWrdual] Iva. u tk,u isp4jtm lit .n,_sel ilia. t ��1,.. ,i, t�,-1 lri zsd cri atsuls taric=llatral. r right" t�l tlr4 t'asmtr "1trr6l line rho atartt: it Strlttx line hark furl tar petfvrm 11OK Subcomb-imll In 'Mi'L o! ill pan 111.9 NWIC,011tiao0f Will relmi-v'o the PUN IJI-lb made by ConInKtor and virill hold N-ubh pinnictith as a trust Ilmd to be applied leant 4d) the payment ref any perwnt lumiNtimp tibcw, mlift,"s to t Lr, I, - Jur life wark; and Sgdlr,snlmlor will W bVPI-V the Itil'i-Inclah friw IAmtriselor before klkinE ant' purl (Immi7ft'l-Ir ant 0416-TI413IONV Progmm rlayht,:w,{ It av, in Ifiv, dio'crution c f4 iulttactsat tic made 41 the form t1fallce6 Iviyahlo ji)mIly 16 !iubc-unitsw1or and smell pirturm If aluill fail iopa5 o- .1 y .I , h_n dMajilf all Whitt, xceviccv, mid malffnik ffimMied itio-vacernsti yNith th, Lot the woA., ir,ollitractor may. 4111e; twt (5) bulitrats v, I io. I �,,l i,,d to %uk�orltrmiist, [toy flit- antolimil W!iuoh InihirifINA and ivoMw tht; Mnoulll flmtuffim frilm -SN;+W4.NnbtnAor gLq dx:L60 "no; Amowit Croon Any gnllfliIt 1 .rl, litcramile, VvvLopling, dal, nl atilt etau hcteuritict, Fnialptivnicril, ummi%taigis0he. uillwid kkkajux girtho SuIsc-clatradl RIA& ividlin fillcom (,T5)divNFm litter ilwitial ril-Iltz h-tilovying tooctur (I I full ;vNbTjkti-KN& 44thc work. by (2Imal lr4VIi#aa"4thc'*4jrk by (he Aw4vtoov4 and tn&zxa' tl) Gaul V,,yMrnt IvI o twperto N,, j i, M racfr "deg lhB Vontmt. (4)tlw isvide"CiThy NithcNinitactol VoCootwim that lita Ssshcsnrrractclr has Raid in full all pamonil rm-nishing jahor. material, cv, Ocnice in mutecitiob with file work and drat imidiet Sar*cnjj;witxr Ivimy ponon u1slutinly nukLat tarthucloigh filed rot lima tjW' rWil 14A 11111ilitain & liell Or other Titian Nipai"All ate i- hl'ov'r, 1h, I'vatriwilot, CLAthaulix'" Marety, it' any. or th't Projed it"ziwuti: ( 5I fluc dt-Aivcry it, Contraoicit of *4)Vh refs it tially mgltnnfrom su"Irflaliw Istiousiol, k) like pfL",ldoav fmntaincd 1"vw 4 v Iwimlq, rune t6l 01, .1clivery of all guoll-ailtue 111LUOttitill matU116, pafaturtlwlv�, uIlgirli, fi,4gmmi,, ati-built djuAlap &,,(1111, milm ilguit4 WWI respet-'t No . dtL Wmit, Siatictuilt-Aulut Khan furitimh Oomuv�,ftw %, , . thsurl pmriAP mk-astm maytmut [tramtio tamerequol with regjww4 to lAtkw %od'or matestais rncl se ularrtlb, wilt "hill furnish Filial mkltlg� and wgii-mfli or lien Its t,.Nu[tAt,,w- )it th, tars o 4 fis'.41 Wit"um"ll ut 00.I Sutst,atlraehx tihadl fiaaaliala frr,m that tat Curtis iC rzyu 9u# by t`eartlrnattar, s,viola affidavits in Alto Raton prrai,1" by t.'a7trlrilit3a„ evhit�h �ltaall dtt�fe-aarrd:uula of ctr to lveccaine dui,, atiaounts poll, and any ollier 1100rrnAi nr G'IAWI indiaaainp tltr Oman cr®t acindirion tat'suttitrsantrarlur ilutttlat taw it trmlta#aa tit lahtar mid olftle ial biruihhcd Or Irr Ise furnishaxl, undrm Chia .` ohtirm"ot. And Contrttda t an®y JAa shah mrawtmm ""not t1wrat, 0 i'ontraa#+R may de m nmc*awv in a,nticv In proLcol itwell a#aiaar,t arty v,htlma, # tl, l'x 5ultea+attru4l> r b bit lu Win, its w exti- llctlrt ivrid4a "TvT to a5nrais tar its g+ awjitim' frtt scowl utcu 4AC all olaitlta. raaattadhr� and li. sits fe*r lul+�t. ��t�taa i,r acestcrial' Lwa to I-i'tic"t wrid limp t."aattuaattaa strut ht€roralna' trvnt all alairtaa, raw aahta,rwo find limo grto ing °rats 01711110 perf mull- cal" i#r, vvt-irk htr urrdt a surd at1 malnkeruattty required ua&n the C nrtrseal i)ew4wic"V1, if Sulaue antra. kv_ clttting Ilea prt ress of its Work trarcavatdeir, rar id trigs time thctir"i'ia't Owl fkil to lm1 tee all IsIx' r, :emlo had f 4 rrsexl'or purriaaateiad Re w� Ara the p;i ssv-utis Of Ila 1* helLew4dia Cuntravlor Assay. M its al"W' cots! %ithosil Oilii r tti 4rat nti tit � } i all siiela elaifo% Mild cluiw lies miloaatt. ibetae. to. ttla a strait •f.ir irr the eF.^ gal a€tit is rsi fry rats rutr.ti rsr cx�prrraltearr w�tAot a tdaun OrIf o fc,r Wool, sa�4'itit�„ or mata ub utcrl gat Ilotchawvj tray afHar in 1110 N otk ccove mcl hp this t'ctnlawl, Suhoonlimior -will, at it, overt ems and expente„ J,4oluahuii t,atacntial fact, defend atieje auit and pay nnyjudgnment rt-nds^s;.'d tb rrt in 10.14 t'tnttaaatesa rttay nct atii"at�airtat the SoIn olmot .wa" al Iota hiflowit 61'any liatdlity 01"Sula:nn"activr to f'e oltbutcu, aehethertow not rololing to the t'rrtect. Satlicerttrat lax s} c eifarattly etvtstdrtls and a4mcti ta} such right tsr col -OH. ARTICi: 11 `iTt vein"!+'. A %4D MA"TTdilril S l . I elutas;'.ratrtt.tt a tJ rr (italnat� Ivy a lratlrsrttui'' Alas •t iris lat the o11aa1rncnt 14' all alevmet marl wtx[cmg x:p txr tldrs jot, sill at in the. la/ehlin� 0wrW i, 11'2 lStt rtstrazt'-w 4altaad llaurto 41 * vm-h tpi raatush the micas kr a c , vi itrteh , trt#trika d tiffa m ,ram - €wN f rta �,cmaae � Ir air. tit shall ate � atr�:•,s shz�la sck-�h reaattwo €Ire aamu l R xralisfaa.#rarar to t'ontr'natb-4 and f'tmwr al Alta t arop ction tarns wov'4 :. Subwntrarlex agrtca that if Sutxamlraedar hag ntl llaaa,au a) ktly aletitatd aaad we tiored lbe lr;erwow. to a uarncliiion A*t6fhv1(Ofy mtr r'�9ntt 'wv ants f)isra�r. Stris,"nfruast.aar Doniotlals tea being blickeltturgtal tt�- Vrmtrac for for aaty mists if i€acrtn in pixi"erming tuuh ekaatop iwirk on Sala taratr ttat'a behalf. >,tmuaottir frgrrc.:s float as n Condition ritte�odoit it* tv6avaring, buelicllaiprc t for irtadcaiuwa ' alaaauula, Contrailtur must pmruidn a writim trivoaicil utCXpe-ndea twlhtn frnixtic ar 114) days afler #e citrr'ittlt ulcaaloup 4—U. 11, 4 Sutttarntrauttw rhatl * —two stad pdrateaat irs rowgrAals atlad µtork and trh*ll bear lho oxk-t al and die liatdc to tha relttaac,tns rirr anti' and oo "a a,t dmat®g a tlaeratta cis try anv ollim paui;e ' a J14- r+r pmltztiV 1041,1titwp ditr4ly or irldrr tly iftvatt in aacf, omiIssatrn in u _ ar (aillty wookaaareabip tale Iho part of SuN-vaarautcir, ifs trrti`stearu gttl�T trr eirttilrs!r In this 'teat lsh,a ocltr i9 furvialtIj hw 6CIVAWAIT, %'Ub Mtrne,tCT aVfCM to uue t'oa,traa.�er"a notijergod r,,rithmrr auras oraahk vaIestr_ M1,d W&TCON to €er~iffibulsa f'lKilvid„•r liv any ntsttxial ruhred or dmnaperl primarily due to raty li,,6bn too,� haa:an by SubcOntrautor. tln.6css rifdrerlAwi. a p�i ViAod. fflikritml fumishu d I'v 9_"+ lrael:nt shml] t e� ocrostdcr,icl as dcaoverod to Suhtsantrnatrat Wheat plsetie l to the atui, lime.=f Alta buj1diog an lho job kAU in which It ill tit Arc wed crr any uthur plow crn the jtrla att> t-ognats�at by r.-,onLr"4i:or; Oullothl'ut. art inwertala rracd doily sltall be rerx,rled tl<a t `oatauafetr,' aiad a anpty ea rks, Itteaes, t it cethcs m u&e alicalt be pktccd in the aces indicated by C'.mttraaetor the-rcfmv. AR (')Y,1i - INsn "° ON AND liF`FO-1'l V, WORK 121 aaihrnn#rttticir rcl-l—teats flow it lam i"lilvd0d and iiacur,aal3hE czatati'naai lhfs prconrrm air prialverty' Wicro,,r' ular*rt whiob Alm wnrk covarM by Allis Stalriamlrao is to ix�n rt rr3n 1t� h" saaa»Stjd ids tf as to the oxidit r Usea, thal Woo, SeivatfiTwA lam is Jul wed ,:,`rTVQsaicm Cans tit[ 1hs w , iisr oiling rill jotm -v and lrrn7-:arablt riakA. harautG, tole! Jiff ciltli in aceuntt-titin th ilit, foatufc to iarspeot and mnalilic the PmAlt or prtipart+r rc',rultittl, in itx au VK41usnt tn0ls'i114' to parfa,traa the tii"artl, heretultl.:r Of many pnrilrarr Lbomtf, aacc,,sriiap te7 the terms, and eeaKiititans nrtlhis SaknonlnwL shall to Ate, ttfsy rubs Q Alit !;tal�rnra ar ti# it a utxl,i�atiavrrt nudes tlwis Suhcuxttra e.l I atrlht: net verbal al a�tratrt4 rrpnsurttati n r ,ne ern ticwa vetitlr auiy er, 6wr, agent, or t oirlovau 1, 114 Oonftauhrr, Ctwtim, tw +Ardliti-ot eifiaor plirxr fi, i r¢ tt it-,i i.lae a twtslion or lloN •haft last amr lc tiny 411ty toms ,-I nlaligadions cowditint:+i hemin i.2 If Sall sa14Ctimlor tk^--ms that any turfs 1a whiab if* is to Inc Applied era Afir Cti r n li%l'actcm' of ursu6i bla, ,a1*01 ra+fif rand(Rt th= of shad tit I+id'cV jai (14intraa0m t, itrt pr"u ,ding with any such wive Air 111t-me re-ini-ittol w6aaft ria tht resaall diarmi ', l"wrharr eta frive suah notiti"a- primw in ppi-ttrar elg' :shall ttli'c, i'rxati s.tw „{ ,ill liabiliti 1k rfny mail all CWCR %*, hints, tit dal taab eaaulim' rt Its iI ff others rra teial rarfaaltli art *.al atrsrrtc a °!sisal btsi rill teats rrari r_,1.,,•„r It ,-.�1 u__ 'airBa+ wiflaKof giving lba tuttioc ava{uircvd 113 pro4lip1 y acz�rs!'amet IM" My dhy imapropet onistoriall, in dei`eTMv tvotkmnnthip suppftcd or peAftirmcd h 11dor au*a,t W ate alaprivtil and itotepturu_ , ,i ciitrto�tcw and t'twna an i1wia wlttacirizod riv—p rtarttativCa If aahotmta�att,r ales rtid ra fonts said nsglsut tar praxaoctl 0! tsras `a i11► auoh atullran afler roo icengt noticc 00 40 str, cillml- dunng Olt riontuuution peritad or warranty lictiod C'tintlaraijiv tarn have tha defeeb matedied to c4amges Matte toad d ust thetrc�nf Kota aey' unman oust air t.t tat a'mt duo "itlsa artlrutsA:tt han uaitPcr tar r n -ah vast l tmt Sutta:atntr tw.s sty', lattrsuuttt tie tit. i I{t3uar! Suhtarotrnetear Wild at® surety ugr tct hire' t'emlrtWar On c-teamed urn amritmt rtlutil Are tasty' aid all lass or a pdahc paid in inuunvol by {°mAractor in mna cdyirar± my seals derwt w ounkiml! say suah'ch0agos. Sutkontmo w sltdll itut sabotmilattl_ Ribs°, t'm' W", for tints 5ulwtaralrrtat„ tx wly paws laarxcir. wf lhoul that oblahaing the: ter illan tads iwnt sad' VontntCtor, Shahid Alta"whacirlb-Now Fo wtr Itsr t, aasig{n, or trwisto thih `lad">Jtttvi:d in till or in put wttbeatl 111c farltar U'rilliM aitrisaut Of cite a_'a'aitr'14240r, Allen ('rttttrAfCU)r shrill ot,t tau taal+rm thlc fornivy payirecattr tits utwitaea; Thal Amu from quell aubrcaoUlwl, tlaaignment, cr: trans#eF. Slaaauld f tinlr�taar �ruxlt Dior written conaent tW rirr} sltls snits a aasillrrrnenlr tryt trmt�arcn; wuelr aesp#ruts rand wurveAal It, a"ctttErttrr �Irsll nrrt in any wreg trlatasr Sultaurttraalatr Errant its laraattary' resapartsilaihty Ilk i}ac pulluamaatrt a ark im r'rhgotion itelcmida, but *tubc(mirortm 4ball rctnaiu fishy obligmta d 1010001ratetor to Olt aaattr vxwil ass if wwtalt waalrttaerttacl, Masi ,arut rl; rta Iraut+far a1 hid Burl 4arkxst plums .pan sul+tsaalrrKt a s6gaauaeiaA cr ttaaaw%sal of ih Stalac rauiraaak a,t Ma pal herrol', pt anitt l by C IMURei t Nhall Ito quhj In ll,r #� a uicena hCri aWAAn l lit AV pTcx,, eaiaria of dial rallaa t'fmlraut Ii�,-Umgn a where aNlialkt 13 `Z, 'Subaru ixte a shrill that uwltsi r,} latards dsx sat to tmuum daL ha�ttrtd j 0111 ll ittitsl olHainihp ilea t�t�t�t ~cut crrilte t'�,ufr. .0 Art f set b ttl# lrtod awattigarmtarl st mash is rtik& a+tlltr,sil hilt:!% prima shirt 6611 sac.# tie lalardittr till t'4,pirwlirr [`atntrattEaa'w ctsatsa d mov ha airn�tumsci uV011 Alt o"Ai "m rtgattiatg in writing that such assignment. Is %abi el 1.1 all Urnca trod c idaticattn eei this Suban atraal i I It is t,a,gni7ed Altar if suaeuntatcyr be,:xftucs, a IaarIg' Ga 4'trtuaaarg ear inb'tiltrntt laarakaupta y pnailiftgs makes agtreaal tiasignanenl Eris the bsrtsdila Of t iit.en tsr a recavlef in appointed d twt Oocc rtit Of fls rwal4.'0rar y, saris * i c ntls ralsl w #atwsly 6anptrir tar rnaatrndc `. Wxaitra tt is rssitiraaallov aaf the work iris la eel in tlln <:°snlr>a l :"ts vtlinglv., it is itgrs�at thin uliran the ix �utrtta+:u a,t' aasch °taut +rr erects t ;at,tt,wt rt slam!! he ra iatfa d Ara ofSutgc t+ta h5r rta rta sra4::esaarra Itras€xree, Art' m txrt°om, tlroLa oa:hunaa.e„ eel liarttr, ].:I l'iR araatgea no 000etirdArl a With 11K tgrM. nfthra :Agrtozenssatl In flits aunt tall t axsiar�ti;r, r stet, ntg ffIv" Who t11 4 %,41 a-0"t .'Ohin itftecu Its s dAy% 4 %wlii rt%humt, t'c,rttr l0or chat! have the tt tat tar a omWiakly ialvtaka the Avravdi" as pfowtded tiheava in this Sitba'rth all 'tat nztattinl, to cos fvo, ladcd Ely l ib 1" tunny, rctiipt trf htjeia a,eteiltuate Itta,rranvcs Lif 3u-!h ftiturc peifrwm®ruxpl, C +inir;iKAor may put stabutyn4rac10'4 wt-4, till o kniparlly h,aaly caul dual it t ,.,,, Ira, rlua rtaaeniablc ovcrtaastd mad prraft, f>r m ariy Muslunts slut~ ter %Mich may become ditr to In this tce.utd, Conaara lair atntl a;w.„ Chao Mais in Mfirnaurtac cxnlld retwul# its fn srtc dtarrtatg4s ICA=nlsarnla•aa l+e than awxald he ataalaaned ii'Cavolt— Airs ftrdt:d to o-4— 14 zurdt wwvdji;"- AKIWIX16,i1f ht.'.1' ILi4tiN rltlr 5.# tl tat tatr Asir atxattl at any Inns i,wal ter aupplt• okitrttb ptitlacaly skilW W4-4nLMMAkTiAls, art srahmt ] ;, „ , I t art peraatit fiulKesitArac Asti ter piadc' m her at lm in thb 'off"ewtrr atir witlo OV,414YnAlWe 1141tdn-s, d{&tgt e . iatri eirwierov- _ err at nr,t,l,,r *hall otherwi a boirada err 4 `etrtlrarcdot wool '.4k%"4c11tultcif athem"Isw 6i I sa rlat rt slitrrairrrier raf any nfklw pirimirmi's a rid Contractor mppiovocd as iofloi4n: i"; i'l A Ila POW, fit Ing SiblW0A4lWkklK ro4ox by iefi;Thono. fak, mail. wh:Plime kw wrilica rlotwx willAm rimice May he IJIVA-11 11}' rOSting "Iten 1`101i'CC 01 lbojoili site) Contractor rnav provide VJK11 hibul, equipment, malerl.41N, %,UV;*fi6 or Nubmilmals m likiry 1iw neces,iAR tit w4mrWhic 1%, eNTY 0" OF COM;illetc 11w syksr$ rrqutte+ kwmilder-or allw other rAIrt tileteof pay lbrwunc and dano OW amount 10-ld (heretrKlIt from the baj4tkc of dw -SubetaliLraclaw (irke. rq 15.1 Afturthine t).1hit4newdays FH 1Iqk7V hy fay:, cmmlv„ telegiraiii, or other W171110I 11LIUCC wit to Subeontmol or's tart knowli Wih 6,N, Curd-T-1 'IF Way withhold ativ 1witgrc palViliern lit 44ti-1 e or in p= argil such br,4c.6 Or (ajlljre a, realrd" to but such rclodfori Oiall in or, was fum, VordtIlLung tit par6ilm firreuil.dor of After iftrer (1) hoirmss di),s' written notice Icill I.I.SWwonithwol S lw�t t,105wn ajdrt,s, 'lmnirra(e, Suhcm" t0m',.4 nphl lterpwowdm 161 PLTI'llmlarwe of its work fitemKider lit whilitr or it) pot, arid tompleAt the WAA twmV "loh theteilfrowl0J li'viijoh termirt-influ, or have the Wale complewd cif cortlulcd by Lithens, in which event Coillft0ol 0,call not k- liAble toStiliclonti-actm OF aliv (UniWif PA111CHIS Urlder 1 Ibis Wild tile Pd It" vitro"t iti, 4)lqrwt uride-i the Ouliract, anti shalt the() 1w 1144140, mfl�j lit 1110 "AtVI'll, If 11M, thl1 the llllpll€d 141ltk'-O 4 the SUK-mitract Pirwe Mkmfi any Itilm 41T cx*nw to f 'ontrwiftl J041% conlPhMiTIA of c0TmC1ul9 Or having oibm c"Illpicle or CWt*,t the tkkork lit he pel furroj bvI lle"kvivilm, to Any piorl m in th"wfctwcr,_j by the inTruilmuln, VhA my oilht�T Jim lII itimloge. that Cora for mm brave llp• mmmpn o(Sjjhc0'nmwIoj'!1 breach tvjci; wl Ill the A�,Volt virdily qwlo gtrrniarat,iarna SulicttritnuAw sItAll dvliic4 Ili Cuhliaclat' qtwh wilph,m, In pmpi�304 (711imhokli walk, Mid wchothff itclas ath3ve f,,Mn vtixchas, ralimml'NJ $UhCAMITIIc41r In the pr -in, 01111 ffiNfM&K-ir vl`4)r IOT the purport, kif POfilri"1419 ILA wwk hereunder, tic 4w, portion ttkvt�4lrckiyffed 11ri. the lemliamli (',onlfwllrr any; fit its t1irAiiin, to of Undust in complejrtg jjw %v�ogk, ol, d§e, jentalitatIc4 porlion thefts)f, sit* of all -,1AV*,0jirra01, Urld 'v4 part madelta if Soticiihiloctal that &C on tile job mfc; purclamw 1,404 iR ativ SUPMA!'l, hook, 04,1111VIII(Ill, MMI14ML , , 4� k"F lqk Is I A Action taken "fit WY Tiortio"cif flier w1wit'herrundet, ifi all 110i relieve 'quilemnlroom or lilt obh,44110j) to wimk hcrcLInder ivi4i respm toattv wVric- ii,94o wh0i quit flrauliml 144 r1kyl 152 Nil x4joll taken hv, Coruraclol V1100 tile, pjklvisiwl* of this p re eptt I I mlieve silheontrap-tot furail joy liability Itif djanjj�S, LnLkOlng CLal1,S%6 lel-4111MIg (iml 4 delay on illiti! pelli"Ortrumnec 01 W414, lindel Wilk- Contract I'k-wUnwilw. si)r4,,)jeAA by ContracAnT ILI a FOW1 afAlly I'lli'varbel Or &taluit-s 01' Sllbttinmactow heretaidiT fffhe aoll(jujt1 expendW C by ontrwAor, Ili wiv 01fiel Pwiv, Fic-Thipil I Hill; am t the 4igittwrr oNo itdrW1,01-1 In comrAVOT, 411 tit ft"V POrtvdR Of trio witri, 141 lie livirfiftmej bacuildr( find atty, 4Jrimti sustained by co"Itavito its a refalift 01"Subpo"IJULV6. IiItwh ilr dolinth livizurldcr-P-weedst tfw Lairmid balance- tif t1lKSUbVtl0II-,apt Pirl't, sulicontradot Anti lt4 ,Atrt(v UtiVeic to pnN Cantrac(at (tic bill Amount (-it swil ejr _,a7L� aqmj°(jt (,%mtraRot tray deduct said exceSA firm LM'SUrn" then &0, tit ifigleUtIrt dire, SidwrilroMfir lj"jet ally offiff PPTCfiWIILM h1,4WMI COMI-OVIAM AM SU&tIntwtor A kire.acb by Subutuftrudor nfthr-1 or Ct dgrMrruMti an&('OnrW.Ioj nlp�, � tiny otherSulicantruct with Cottinickit Duo, 411 the option tag CAmilt-Mor, be cumi6cilstll a bleach of all &utlC-tmln1 txcst.t� its wineilic-i accuirdulgly Vowilract(o mol artiounit fif tine liquidailed or unlwyuidalcd ohlijuakirr., of I _11 Ejg�irrl m,V %IIjtIl,, dw hi. to Cotilr.actor arim . all nl�d q( this Subomil-let or arty other qpcerneril between Cont—to, wld ContmClIoT my. by wriilmt, nutice it) Nutickronwkw, turplinatic die Mullew lit jvw 4 tills S'LikXmidjact Yld*tut vfiwoc 4-W 6*tr its Lklm micri.cc. Imaluding iho -)r Pt-ol"m% m work not Wortitod -in Poe4lu'A flictcof w1d MN U10 -Allo right it onill reta ll ftplm�xo wittive any claim 6 datimmom4locludi, I ng lu,�s `I lie Pmv 1914irA of IhN �Uhlllflrr.�WL l,vhwh by their nature &tArvive "Ub" w1pr, 0WIllidur shall Vol' SM onfi twim in iwLvkdwwc Mill AnitAc- I , helmy, he lFami acccpLuncr of0w WOOL -lath remain in JIM fixve, laid at/ rAlff xLwA, WmitiAlIkIll 115 3 1 l IrAin, ict-VIVI, of said �UbcmruracAw Aiall, tent- 4 thr uroiwe. dii,ta`b officmk�c, imol0o'WN dw,iOlwmvmw IJIC JMV�k on the dall., 0P.1 in the rspeart Rfleviflcd its dW ilbudW, t1140c no further tirdem rw 4ut.Kontrizis rot murcrials, cqujpnwt scrvie&S, fit fiwcillli�; WON w, uius-11w, rcccx�L&ry (tit J:4iMpJCjj0n LlF%WlJh pl)(110H Of tile . Wimi as 14 "Of rjkski1,lIIllllcd, prmfulv auk,e VVCIV Lffurt iti procum. cancelimmo upl)41 ["m'4 sati'MACAlry In Caqh-zictor ofall cmdets and 5U'lle-intracui la the c,&ut iliev relate in tile, perforintaulw cwr"A*1' dis-cutitulued- and �llull ow-rcaftef kill 11411 Nhwh Aork u� may 1mcis.-wy ill pfvqervr W prated wmi, o1wittv at rWkwe- and In pirmcel materials, Plot and Lquirment on the IAbrk tit in trarml tW- on 153 2 Upoli sudi terrilunw(mu Ilic ubligallorri lit thk R"Imirillm, 110irding kvarjnty abligaltasks, shrift el;slitirrue as tit Woti, already perillo-riklil acrid wc to li.NIM rPdO ObIL)MIRIM imurrlqaj tiv Suboultraictiar prior m the Jute ofIcTrunuAlull I 1pin tormitmiori utidet Ar4cle 15.1, `lwthotii%Lmutoq "hall he c"ttijed to he paid to full vd1w, including a tewstum lilt 4i'llowittom lilt it Vinpilrikatwid Arrimmi, tit Submairal-aim'N,ptoill, t�lcidamcd on 1"wf,ofall 'Work Ralvirly dfinc (q) fliv %life by Sigbounit-julor lclgcflf�er with Icasomblic comtit 4-we4awl" by torch Irmialiaturt and not Jimvicluo flaW ftil, It such -gums " 1tmbcantractiot luz MrrAdy rev'Mcd ion acq6ailiq ril lhil Willik [Wilorowd 11'at Ilw dato of -stitch lermniation Sahcontract.- lure Orolkily [Rtporcti or labirwalrd ofdip tetra any goods rof q A tic.41 s obk, Il I tant trim"raxion I n I lie 'WOf k, mild I f 8 ulicuilt racirm der ovefl m u(10 h I the 4 i tc ear fir mi ch kill im ftlxv L15 the Conlin lom tihn-1 I releort AM i,. 4ktkm within lvcr JS i, fiosinen,-, tiny % I, imw; Ole, afar: ot, term matins, Ow Slas"Intrwi, wir "hat I be Paid for 5M-b PcKnb, of tirmtenats 1, aq it CiMldil6l" InlekViVing the I paVracno ramleii it, in this pniviaion, exrcult, and do owe li oirtipirle r-Jcasc fil all vlirlmi agaill-d ('41ril4wAtil la f ""UhucTramQuilt conl�tkfq 1,01".4hY Tea-w-in 1(141 COMIRWA01: is in dclaull under ours StAk-onbram Stj ficantm,10T, S11411 jrrujljAojjtrj",. but 4rN ON I lj-Vtfrlt IQICT than s,atjjjy_VWj t (72) hoio� failovOrtpt the, 6K'um!jxRnc0 A)MMA Iiit, bw-�6 tior swh comitclillon, 41) �Iwc (AwMewr wkirn U11ting R411) 16 Will -A a . ft deLffilN, and lawhilig copi'm 01,1111 rchoet, Ill the hillIcallimetkH "6 Pfts3 silmh cf.,mciilang kikii t;iYcki0qNtwice,, anti 00 ifroVide ('61-151-101 tM`5011rI1htC OPPOT1111110 to eillie Wry bwh conteneW ilkilaith WoreSuNcontracIoT rxcr6*,_- any flgbt it "y have t41 dcclutic ClAwfilt in defujill 1w to ,Mperkl tar WmitudC Ver(ot-mawe twetitider in u6 evwl shall Contiramot'i raduto to py Sulicultamaig he Cormijacd a mittlenat default ut-ide thm SuKximumt uttle5Ls Crifilrwfailk to rumor all k1lPr1fJpQt hall"IC to pity . subgon", -.iar withiri five f 6) busiawm days I'Lillep , Wing ("40toictiti's leveipl ofSubcontractoC.4 wrilien nuirce oWW4 conrfu,%iv',,t ptiVnicilt Is past due wyor4inkt tip I)*. teritis ill"Oilslm- Suonlimilpel failure In Pill"vide rim, nowe Mquirca Wide this Vilitf, 'ubconaniici as a rcgWt lhent'if PfilvidW, limivvei, that �w ithmij plitvi.jue a w%ivC!r IF Subcolmixt-or f, rimW lit twinprw(c this S stwl I not interniffil'or ellow down khe ptogl4ms Of Ott work rictibm" unillet lhi� SliIhoontract dttTi4, the fmldctvr� tit i i ) 0 Wig Whild UAIVATI whiell the l Lmiractur 1, g"010 tio,%wix m# 1:0niclided deravili stc OvaLtaviur hu'reunjef, at 4 It) w1h, ",hatrAllon ill the dmiptitc msfolulillm pl%xx-%t, dewrlbed herein with wV�c!o to fiery' dilipute Milt wale, amw bemven itto Panes firrimider ml alive and air noi 'llie righis and wme4iei,'[#!Pw1de4 Conlumvi- wido thin Arfic�le, a q, le, and PLmlia'j,,ajjalwj priwismilis contained limcon, N[mll ha' cur; fol"111,;4 to pmveiral resort by Conlritclor to ally lither iornedy i4of" fly law or a , It cqijitv and juniarviv licrieliv %valveall ri;;Jtk,rfcm*cmph(IR Itir Mid in MmImit'll With am of lilt, r"tilowarb coutuirled 1wirm AWIFICVFto - FORCL MAJECAV, 16 1 lit the e y�Cfll 11k4tj l.IthQ1 [311111y Shall: bu pre N tmtoi lily ilizi (mmiurreriM Rif - FWCV 'ViAlt-Ac1(olin pertiltall Ing 011k €ihi tilitiO41 (VWW Jur lilt, filil igin lort" tar lual;v -itrartly "bliptliur-4 % Rioifft"Y diaLlt'asswil as rk-cimbletarter tile"- inleuve� pit.widetri the other Payoneol bhrn due, and the llljokaii'V, la'Urallee fl" LAI writtell I)KRic-C itallrig 41 &-tail the tNis orswIl 1'4)rec Maicwv, tiro time 1pf its commuenctmeril and the: dais 116 Is, MA UP(lut POWIR1011 011' --uch sh-flillen, rollicu, said lianV-!i ofiliga[IM 0FfV41iirITV3lll40.,;halI lie 5usjmided to the, exim that if w aflMed fill such I olee Mjjcury I:hiwkvvr, all ohIggotitwls tiol JAV]"Celi-d El`v SUPII J_(K" kIlAII JW Will 111 tVN0M!tb1-2 U11PI1IA hythg paft� whii5c perthirrialwe Iti $ Bali marlrr I nC► 141a1¢u(C A;t umpvlat}•Qd tugcin shall uachide ivt`r ur(lot), Or k ., It?- kouh, ucts of trtriartsLv, wvars binckrltiec, indurtt7tatrmi. liatfs; t?Iitik�iuMw, Innoi litlwts hghtntn_ carthquiakes, Far-4, mor'itis, ilnaxls, waashauk, arrc:gtff, tints tL-stiomi%t,riuleav Alait People, clad j1s1urN1rttxa, cxploxloni, Mohl I I Fallon, r-olumitin, civil ekemnioiwin, kirtko, lowl;truts, litrtrr mwin ,landau' sif-unis m uilion--i o the clements, acts;4clord,°tr pohlic Onwtajt, r'estric;tiol ;� tor It-Aruutt ripos uA by law or lay rule, arl9 or rttulalliot iat order of gi verruriwntal iiu WN-bail, wwliclli r kaicral, stAtc tar hicad, And oalsetheK'ckvil rw military. Intermpinnr ayf hurt,►jooinuion facilttlas, mod tuts olhcr tulrrse +alsduh, In tuts' suds mac_ is twilid the rea.wonuhl , canna! it lilt-, parse' ttlkx1e.4 and which hV the exacts of leusmudile'ddigmic* suelt Mly is. unuhla In prevent t lf; Any hr-kt, darriLVe, dOtty tw failwrrwi uf'p+ar'multi au ria ni—rirm t-r caawd 1w fog othowkie iclailed Io a' Irtwoe ht'lle"re" will rill caanslitute an rvutt of ikf ault hCrecttielar rrr piaG rest Cat urrw i taut! fair dAnttt es I hilk---r no rircum "I `dutletq+trrtcftn Ire oilitk-ndto addii owd monk'y for pc lbrrtimme, ill`lts, ahhptrtion hurttwindlwdr rifcol to the ekioll C"nimttlut 1P, erititled tat first recovm. ;,attic from [lwwitcr 171 ,';athCordrac,totugrees to pay its VAKktru•1t ukof Ir1$ III= tic v III wagON PfescirIIV4 €n the f,'imstroet or not less Rifts Ilse wolf pl wrilled he 41 In wist the C'ttntmcil I hiatiments pr❑aides no :wu�.h !lithe, rand to make such pavrnenl Ill. the l imcq rdr�srw`tthtal by the ContractW. vornertls or by Cs€µ•, 5lsnitld Switscnntttir or fail ha okyw4 Vie this eeiv'rnam, COUrn Qtnt bliall have FhL npytion tit lSiucklrt in we ordat a with ilte tercel i" pnaridet hen:irlafier, and I., cwtllee% I'lom Sufsi't ntrr cror Ow emoutA cif all pentilims wioich may' he ,ijitwirwd tit the C"orttiaat 17clCumenk of by lAyv (or totlteTwisu for faltitte hd make.imcb pm -measis 172 Su6t°ayrtUrtactasr "I al till Julleq provide sift, arud 3dequMe look, iappltahooi 4s„1 e4ritpmetit, a filif reicrit nifurihsa of pToperlr, yualilkA and skilled l oAr ien,, and u sul3ictcnl anntyirau csl'mvtenrtl fail' supplir4 of pra7per quality No prrrfct'ilw Ids: wawk ht�cu€idel of ctelitiv find giraamlitly, wad r,Ftn1) prr ittptJp p re lair dtt mntenals ptrri'IUMA, Aiki tit m,'raniractor's request ►Fall obtain And Curnstttr C'optractor vtTekly wills f0glied ree ipl, fibin all wssrkmrn, shoaww•tuu tiro irate of paynre4nt of them, the amotmi piga , Iltt+, numbet oft -watt, plaid tier edam days tt€s whieL �ueh wkctrk wwim pterfgrnttd, Utc LaeSIIt`wuun of llsa luhrrr 5o pint. awd the rater nf'woW.. lour htttrr paid; areal al the C ewur icatsr+, teyut t ubccwrttra, taw vhalt titipply t.'ugttrud or ave'ckly with a Ica,tmahle number o1'craptt of -the+ pmytctll verified toy suft"Orittrttttit 471 Neitiv, ".w' ubcontruoir nor any. of its entpinw . And wvottilien tvFaatsc cinphaymcal tact the vvtA- coveral by the Sutsr+ mhut.A i% ohiiclett to hy Vonl.raou;r "oikoo tlrak!iw shall uarriply wail the Inkmigraliwan ketbrin wd Vi-ontrwal Ao; of I qRfi and siwll, upon request of ('wtntractor, furrrM / ogiraetor with ow w3ence lam uhnorilrtarlor',p c mpllitrlCo therewith SubconJrtat'Iair &hull nrdemnii'y atvd hold t7sislr;lt.4m harvttli s$ of suid fir4n rmi}t rases. Cite ut tirkniape lilt sir kartsi relating tea ,%uhcar Imcu*'a rutrrkumpdtnrtpe with 4W11 lawn ritWor ani rather Ilwi't af11'itirtg employtrreol 174 No orvatimc wytill ho paint 4}' i_arttractnt Uldess specrllcrilty tign- ai to rrc ww'rilirag lav t, ofio aclor 17 5 It is underfatkwid tftal ovifttaLts will be avMa rf olid pinta will he critprlityO rill the Itraila'tct Witlrisum th.u*immidtnn as tea whetlicremployceq "Party r-iyntittalor, fwuhconlractur, or tlikow crriprluved; by the 6w nrr orthe prtslml ury nitimbets or wwlori mertthrr i pf Any Initot of i:zrrirurt, rind !lie Subcontirmcklr nempts this Lrww nicr Mitt lhdt iande"madtng tfhe+,Sui"nitrziettw apmcs its entpfcsy' 11wil, W%mlCn and ift writrutrt;s on the vkmrk who will ww'ittk m All timoin limmonv with all totter ®writ, women and mechmi on the projt k.t 11w StAxAminw.for aa.— m nrA to rtattielp3141 In fit AWw'srsdu to arty' cuwwomr orwwvtrh which truly oc, ijw as atilt+rt ,inr Ir,l+o€ difIFOLN wiliall si lawkiwd tit ttnlavvrid, Auilwirlxc#f air autnulliuritoe<l I +,? Ili 111V w'wkwi! mdiltl saah6mirr'ttctur orpny nslkn ptctgio, lure, orotxPr mtion rwtolvtA in life ciin,Almantn work to he pedfonrtetd Art this lstojuci tx%xmies mvulved m ally I uhrar' di ptuie; witrihe.r lawful or arch wrkil, hudkittiti d sir unauthorized, which cat -Lies, or threatgrtti In, Muse. the tiutaeontrazor, Wiv union, for arty otloa plots rgr, hftst, eft r,`irrp rittinn in sinke, pities, wtrdk rind, hoycot, cnpap+ia in mttwppsrgc rwf work, stow doyyras, slit-dnwww,, relirs:d tit wGr'tPk. rairisdictimial disputes, or take arty aunilar gr,uiuit, shot! lid C'onfirloor rdtttll have tine righo and remedies Comriiowd Ire Ainide 15 I T7 SMIADontrticlor agr>;i_n lay Prquy rill Itansporlalrirn ehargea of w 71�ktw vet wdure rn c imnrt'tion with the shiprltv:rll of irldividualn. nufacnnAl, ter equipment art rutWot fnam Use Crib, find to indcni'rylfy and save hiirr hnAs Owner And i:'onlr-4cl rk I"rtym Any and all ros;is aar'eFatms arivtnp iiWlefrrmu 179 `%U rtirna if OtAlprcnide Sutt�ioet uif1a arks prbpes Li€Uitw-, m till 1111tas tku the ulweboll of IN wnrk by Comril4-tnr of Awhiiect or direr turthoriz d rcpimsentarmir N, and shrill within lwoerttytfour (241 lwatns ralror mxvJ,,tng wmtcrt notice from Cbrtlri for tar such effmt, proceed tit dismantle or i4ie down all p iduns of this woo itod renrovo roan the,grCiundK and hurldirip all matetlii1s, vwiredorr At4cd or ultwotkg-d, whiter C'trntnr€€m nr Airchatect slv►ll oondeonn im lalsrtiltkf der Imprnpm or Which -,hull fail' two ctrmfttrm its milt Wway fit, Ate CoillnW4 1 hocuntenl.i, and slut!! mrwke gnrod all s" 1, wort, xont rrnred and all adier wwrtk�daRWM tat dmtru'vcsd lit removing nr making p er d sew_ eondc=rd work The rotlurc of the Cautr� for dlr�.i like reonival rrativ wut� mctt In voropharic c ww'Ith tilt: f'lrratra4 t Iliocu ncnLs shall not role*isri It$ Iesjml Sulsccmtr-utor`s salt respnnsthdldiv roar tl.s w ark comply Ing witty itiv l'csfitrml Dn'tunkellu; Clawwke+vet. CillwtsanirucVor a8ya11 list rratwivr t►ity fishes rnatit€ra l t`raim the Iut, wirltiaui Conlinklomla' wa,Tnilen p''CMI-""ill 17 t1 1ohc onitTdtir cigem not tok remove 4" plaided, kit w ly devices on t-or Ahkiu! Asp ji It 01�, cxe epit upon the prlror written insirtt ooij ss f Ciinlrow tit's %upunnttuidend, and Zia rg11itka Stroh ptrards and deuics p oinipti}' hx lFkr trwctit Stabi iirnr lna firili hr rfafik suds rt rilAccrrsrntri C "twattrulrrr rally alit so maxi t'Itdtrgr alto L'uts"1 tf�cwtif f.t •uh¢rtntra4lctr, tear! SuFtciantraEitu stint! Fsc �wticly liaihlc lair m�, tryktrv, Jtxsti, or darmas�il nctnlrrhip) tt.f ri ri-..`Alt Utcrt+t,f' 17 to Suiw.omrroclor agrees to pDtLuL inapertrrufy. Mid hkdd Convil- !star harmless fraam Any Arid ill dams err snits fair tnrrtngemcrd of "wi€tal, or violation of patent rights 11�' 4uhctlntraelkoi= tarid (rutlir gave tit riav all hiss: i will eNrwwtses irwcatrred trvy' t'itiuraom liv if trri cif sm o, such drums or waits intlriding c ouro w l 1'tvN iuud 6uun cak£s m cwoonCelm slit T�wlul 4uheawntrlwwr shall clew up and deliver hr Ili mkii by Cotitirw1 tr ail auhknt :h iuld diehris resulting faits hai worl,41W xlrall t*leim up its IFu: srttisfaiOhm rof Owwtwr tail dirt, p -mire, marks, find any truer tank rill rat_osn wvtiClW, 4Cliirt s, fiwittts, li'muto, suit any other ptnilion ofaany hualdine, hoc'ated ewe Use joh cite placed thercun or sofa iwy Stilixiintri Llor in connedFim wept itr. %xwi, hcTLuFrJLr 11 t ho rtrtliaeUot Ila* for tal'use.s eta perl'e,nn aas,�di arnekted prtrfamni !scioC" n, ,iaittuctut'iitrty Uren prtsidi;cl topttci!liner sus fr duties mid fuhenaslr ours will, itn dn!mand, re:P4 Ill Ctintruelaw kiv'G�d crtr"ldon thin ntnits due `rultLunixac:h'ir herowidkr air N weV es1 t:ifann 11911Ire°A +arlytAITO 4elortwr its surety, off trsvts ir�:o feid in ciyriftc%%un with fjontra."tor`j pCrtomrt litre aof suarh duoerq 1712 If Swthronti-,acuir uses C antrar_tor's 11106 iiiii fitcihlies, Iran%, and if ilvt1dightc, Sul tarrrtmctm will pay Uontrarhor firt isr mqi fie al flu: salm rntaiu I!i sgteed upon, C onsttrwrior gall have eacl1i) over wilicAuftia p y tinyh%lrrIar t7 l l tisthw uritrrrerinr sig{r s 1a u1A u lrrtwcaitr "s rintirtc rtriily�.t pr�tul t+5 Aa3ec s and srlhmrl rAl P7rtlM Mated Ittlurmititun Contractor pwrcvwvde s yet era fits acid d"Wh ikee .sty' 11ils rdwiltrdeq hum is rim lirltito;wi law strhmittalk, kcqsu-sly rot Inforwrrtawn fRI I'sf, Archaicct'rr Supplemental IWWIJinlhrria I:� SI ",�- Changes, pay'ntcal appircadons, Cr,otract Ilo"mlrrsls, rnceminp nlioures, rwq)eklinns, ratr5cttfJilrtttts rind arty' wither l4uj&l Muted &X:. manwicon rslutewl ti, flee o. vcutaprt fit the it@irk Ante Utls Aprsi ntrnt Suk�oiltnletur further the I'ructire Srgi onlukeur Corifie4tion and submit the Cmirse cotttplalwatt Vortlle4sdr. for C°onlr:9cWr'g rccordv fortar tti rtcetyinp, the I" prrrjMl prwo)Ait�. paw ttw rtl ARTIULF; III- #'1'pR.iI1NLl'*ti VEPS AND I°Vt'ERC.Saf I fl I I f t..,4101rfv,"tat ertiplo' 2; out witorlwy lit cttforg. till), Andre TRumntits hCrrol, %ir err plo[M its rrlte;rest In any nrX1Wi.Artyul,.,t lro rctaydsr or.lka erslleci dzurragm t,m the ltrcuuclt nl' Arts fwuiweelanlra t, sir Ire flnt�MtiienF defirrl tuty suit nesullinp Ilterefrufn an iztrtst laity nlleuttririts ferry dtilcttil e, tit to ter: -over on ally !sunk! go'ert Coy SulxotrrdrtaIor Itatm'uikle'r', and Cwnatroctww is Use pmaaJllllr party till tiny steh rluerus Filkuw ct rirti tat 1aitCTi;y SkI ftirlh hcraf rrt Sik,tnittavlor Arid ill,- wirer,,•, loindp traid wwL"ly, apse i�1 M, Ckwttriocrtw all re a . rn r 1blo casts, charger" "prvtwes; turd altunbev IN fcas cxlx�wei ni Inw Arrow! in r(tnnechtio lik-lewltli 01fdrta orr IhAll he Wd the prevailing fitirty; to) re, to ,+':' , Arrrr rot a aurtto-claum river Wirth it ohimrr„ a duke ntti)suiCt.lwtt9�rtcni tot ViWw-d, ill ww0s, Wig Maim tercmunrer-elairn ai+tnnlaal ai=' it Iar u sum inns kv 4-1(1;11 tom s than the amount Conirnselor iopf"Ld uy 1m} �n seltic�ni�1 tr1 that Ohim tilt crwrticw aluina , a4f uiivet+E httume'y tees, ffii) &� lit eaoh chum err c r inlet -claim frir tiownlonotary frigeE tgirwa which 1hn court of urttntruttwt(o 1 land In 04 fuvor, hint! Ilv.� art r;"v %Wncei in xw'hlrh mullopile Owrses nt 11111t,n are at ksvtre thm canwit lie Sovttgf fogy Ihr pu"50 eatt el nindntp, ttltorrteyp" Racks land in which Contractor prcvfiLs ikon the main tsmmre ;t ars'rwutowc;l by. Ow disputod flails mot IwavitV Iitipatr4 pktrw If wind thtuvph the ltirrl nr arlurrtctlrin hearmpm as ridrolifiod ilia rho 1parnes lot tlfic eacot €lair, p itr(jes are untalwle to nitto as tit whist cAmstiput& the main i.smx1sl, then It rchnilably, pri,limpluin Ylmil umv in favor of C untt,rctur's interrettathIti of whilt rerarWilutrs Use main isso0s) All amuunmc dur Contractor under thiv Subcontract anal al'tood ziuul iaaar rriterro s;•ana Avr-it ,ti m rtuir fit the. temwr „r th i ts�llcseatnpt rutaz-, i I l tighlcen per�ant 11$r'Gp tier artitilti o, I S r Ihz' nox1iwugn rc+ut-tt,ut wit, ,lair Irlluwtj under applk-aht, ktkury if&% kwicj*f9-1vtyn('YSANf)tONTPlTatnON()1'T1MFIt1;fiJ IDS 19.1 '1'dtpti o" mm5rtl bc in rtritutg aarsd may beOven by the Iuidi" n1 the odds s te1 WON a ti iraape I of 1hi,r Sttjtw vptnwt. *uOi addnx*m may ire ulta nged hv either flurrygikiske 14"li" lit ilto i thoir party scut in muccrkrrfatn with this poragrrtfih, 19. F-x fie tkusiruile HCKIaA or uvtiuc, trutf millS'[I vin amtnlL voiiixg tan a cri%. a1vt tau t ua pl, ti•hctlim givon by lewd Mk . regultir cps rert1T'iert moill Nol.koca raxa alsrr 6- xent by fawsiaeile Oa�ttipuio OmTy of a u-tising If a atxtivc 4 east by t"ae:sifnilc m nand it shell he dcrau" rt B-,cived the day crl'the Cntalimrilo of tateBloil Noemililal, 1 1 1h�'hr� iinpe lmnitrr fore Old lafth ixa this tea I*X- itMrt fl:WovrrtOi}r. M atlas farina it, tar, r pla", ooi" ton pm AO) ow to bo c-Aeluletad uaing t�tictdar dais. ARTfl'l,p, 10 - t:iVNFKAI 2011 All ma"ma"m nrlatmg, to the YtAdily„ perrfa mpamc,., or mlerliftilitioix:af th6 %tvmlrula ~shall b4z gervettted tqy the law of dw qudr ,Ae mgards the sins, ct ritntttr hq atC,'tltix ivrWug, liteluditrtt du. trmnrita ieyo wpoe", her"I by rcfj;rcrrav, ccutxi totes the entire nprelemctpt bet. ec" the pailks, All prior l*rq*,+isI6, mid agrr;cm"th part iat the Subcoutr�"t Dak, art, pup,-oc&,,d 6v thin Suhcontracl. 2.0,3 Tltie Srkhct atlrnat Pwd the i?anlr el l.1tx'um.cnia we interulgJ to 4ilippktalwil and eampientent czoh rathi'r acid xhbll whcm fstiliaibli: he thux intorpmlld It, how .vr. atrr twit i4i'm o rhlq 4ulrtarram-f i t ililal,ll ti vall a to NAilh a lrrtwrislO6 of Ilan Coninu t 17ix utactu. the pot vivicst um t amg ihr gmatirr dtr11 rm the shall gNoVAan 10 4 This Sufic etlraa;t shall oul tit: rarariirliucf cor t n" m any wall eieq* (n) by t+Tiring ca-;x3 J ley hsBtla pert: art 1..1s1 m olhawise cxltr%Aaly 1aswhU 1rz--mTn NO This 8uhaoritntct sliall be Wndiug Mort garb twhatl istaurc to the liocn it of the peruse lwatW amid drat ]hiss, vul;.dcoogit wail oxmigia, N).;f 11'any rm, vision cif the SuknptitriLA is hum t+t Ill.- rnvalid art ut ffifi tueAl t, that witch mvahcl?O or upan 'tr€onhiliirr ,,4"I will &.# the yalet9 tar' rw wntfclrvtra hitity ist etc rr maiming pmrrisions hiemol", all of which mots rung prxwiNions shall he c afi°Brstcd to the fullest cXta nt alloNwit by applimbic lute, W1,111 I.I•. 21 € ONII"I l,klill >_ Itt,Q1 IRVIt It EN " 3 cE{ula,'d �, Iull ='I tlsin Ml Vhk aath•rwrfumf is 1prelah.4141 oltllu B taw thr I'VI BM aesil tpu:w�lwttl�liart tt;rtallvd sat! r.iltllt-vst its Lshlhit J, %1& 1, 6 atiat lof 6ta tt 01111 irtctrrpctrerttl hrnthr, 11 "44H OVIpi Ari„,t rlo— rest to,14111 all tx•altrlrerrrr OO iaf suit, t' lWhit d Uteri nrfnaitn in rareh ratnpilarrrt, !aaalHtBnarucatst r ttoll tag in Irnrnt•rliair eigfatalt trf 11r erlBtlt! aeiwrh rx3teltef ihl tint e ,rs4r�tes, and lax htrnrh Itriv"t, S+etr"tltivtg andhtg anrtlalrt) 1rn ttae k4loiriti hirrflu ot- bar of her d `rrttrtaarl tir�r ttrttrttt�t,, u% rot rise obits eft B ta�ucsttatlett rrtr elrrr'rrrilhitat,�te Iry file etppil'pr6stly glovvilking rife or tlntmst lutltarritr"'} tarps BatBrl all Cwtalkilefa date 601 to iltt7otit+ 11uv Blt .Suiid'tlitli i&f'tl#C' 81t+att IW bt'Ir1jai1'44,. owil -ll It f iror -J, t,Uk%—lft W±l"d k il",ov'tt7tood tU tw kA p't,tB9�lt$trrf aft the isfapr-oprioe Auth'itiry- EXHIBIT A Contract Documents (To Be On file at Contractor's office) H H Public tnfrastructure ID►�ill:il■t3 Exhibit B Insurance Requirements 1. Sub-Suheontractors coverage must be as broad as that cif Subcontractor, 11. Our acceptance,of a cerlificate with deficient coverage dtws not constil"le a waiver of any coverage requirement, 1. General Liabilitr $1,000,0000 (keurrence, S2,000,000 Geneml Aggregate. Products and Completed Op�rations Aggregate: S2,0w,000 a' Primary/Non-Co' Endorsements in favor of Holder. Endorsement MuA jottarlied I A-—s Atp— b. Alaiver of Subrogation, Blanket or Specific, Copy of Endorsement must be - a 1taebj4 c, Subcontractor must name "Block WT Hughes I louse GC Joint Venture" a; Additional Insured qNLirig forms are accItattle ---Alily A-Gw of Endorsement FOR LACtl '61c Afibiving fis—ted myy-stbe aftarhed., 1, CG 2010 11/8'-S (13're L4) I I. (10 2010 (07M) AND CG 2037- (7100 111_ C(,-j 2010 (04/13) qL2033 (04113) AND CC, 2037 (04,113) (acceptable'l GL endorsement Ilowcd., COntraclual Liability Linlitation Endorsement (C(i 2139), (or similar languagc) Amendment of insured Contract Definition (CG 24 26), (or similar language) Exclusion Bodily Injury to employees of subcontractors, (or similar language) 2. Pnpfemional Lia4ill.ty - Errors and 0mimions: $2,000,000 (if apphrable) 3. Workers Compen-intion: a., Statutor- a y Cover ge in the State where the work is being perl'ormed. L rheSlate where work is being perrormed must he shown in item "3A" and ',3C" ofthe Declarations Page. I I. A C00s, 0JAI—eDgelarafians Page fir EndoryKgmer h. Employers, Liability S I.000,00W$ L000,010011$ 10)0.000 any owner is exclu&d from cover -age, they, are No,r alk-)wed on thejobsite. 4. Automobile Liability: a. $1,000 000 Combined Single Limit. b, Scheduled or Blanket Waiver of Subrogation, e. Primary Non -Contributory wording, d. Names -Block WTI lughes House CX Joint Venture" as Additional Insured, e. It' the Subcontractor owns autos. the following must he provided: 1. Owned Autos, 11, Non -Owned Autos. 111. Hired Autos. C If Subcontractor does NOT own vehicles, the following must be provided; I, Non -owned Auto Coverage 11, Hired Auto Coverage, 5. Umbrella Liability $1,000,000 a, Corti ficatc must state Umbrella is Excess over CiL, Auto, and Workers COMP hinploycrs Liability, insurance Certificate Checklist: ffioLdher.-. Block 1vj' 1jughes llouse'(W Joint Venture 39279 Tommy Moore Rd Gonzales. Louisiana 70b7 Instructions: Match the Sample certificate B-1 with the required attachments. A tkcklist follows for your assistance_ General Liability Items- i CiL coverage shows, $1,000,00032,000,000 Aggregate - I 1-101dUT named as additional hisurW', shown on certificate, GL Additional Insured Endorsements attached. I a_ CG 2010 04/13 or CG 2033 04t1 4 AND,, I b. (76 2037 04/13 I Primary Non-contributoR, Fridorsent'ent shown On certificate. i Primary Non-contributory Endorsement Attached, I i Wralvcr of Subrogati.on shown on Ccrtiricatc, 1-1 \Vaiver of Subrogation Endomemeni Form Attached. Workers, Compensation Items: Workers Compensat ' ion Coverage shown, Statutory in the Sonic, where thejob is performed, Must list the. Statc Where thejoh is performed, Declarations Page attached. I Waiver or SuOrogation shown on certificate. \Vaiver of Subrogation Dorm Attached, Autoollobile Items: Autom6bilp, Coverage Shown $ 1,000,000. i Additional Insured shoo on ccrtifieate, i Primary Non -Contributory shown on certificate. I Waiver of SuhrogaliDn'shown oil certificate, Umbrella Items. (Jmbrolla Coverage shown $1,000,00, "I Imbrella is Excess over General Liability, %ork-ers Compensation and Automobile Liability" is shown oil the certificate, Application for Paymentand Lien NN',aivel's LUCKS I- I . -113C . ON,rRA I CT - NO, 23.505RU01 BUILDEPIS, LLC INVOICL NO. SUBCONTRACTOR Al''PLICA-110N FOR PA1 MI-1'N'I INVOICE DATE 0'A"NUR OR SCOPT", (W IWI()RK kIM140V ('111taniciiiiii, t It I Jklik" (Ru", Site Const ('()iql'RACl CIIAM.3F ORD DA St MIMARY NMWONTRACIOR 14tl.IJN(j NO. ADT)Frlf3N4 C1VTA,1C'TI4)N8 0ftk-f-- 1, Work ctmilpirtmTo Dale Slowd kfuleiuk b Tatal to Oate (4+5� 7 1 141 M,; l4c4ain.1i;c 8. Sabloial (Litw 644ne 7� 9 I,m1PwvioLLsApr (WNvimicill 9 ill liftlViOLL-1 Appj TOTA I s 10 Net Due ibis Invoice ("I NF-1 Cl 1ANGE Slynatwe Suhwnil-actor d4lP IlCrCbk CMl)'ilea Olt. FOOM01 Ilia ilk a ,*Oenj the aclUal F'Rltjviir Ort ow-mra* Lit imote . .... .... any ps invin to Soli altudur Liallchs atki unid Sabrualradtif snkWuh applicuble Hell w-4iver-, VOt ICI i FR it OROSS AMOINT RLA'AINAUL % WrTO PAY CONIRACTOR 0A I U APPROVAL CIONII (1013r, ASS SubimirwWar.4 This sq-b—qqn(rg_tpr4p -atiotibillinLis -- oiltc�fLir4g py;t pific -- - -- - -, t,,pp o t. -192791ommy Motitv Rd * GonzArs. Louklana 70737 * 112259,3691w)(I * lax I I 225910IN15 I` his s43bofflicact0i ice fit aL r Val. billiniz Is sabicut w home ofF ---g- qpp, 0� F' � a � i M1 vhw...lA Ito M- W.illl3 �a13i1i} t l2la }1aI3€lxil.#!3!uliaaxlxr ----alNi<!i0t2l Alu�� �'Wac�.. rrYNk �W d Flreirkrl rk3 dIRY !d �R+Il1 'gMt lIfE ip2i 'I1E. a � . Put�s.lwv���uur N�ilrrf iiidd'fp;1➢ ➢aa1L�i9,a2F } ' ➢ W° -�igrt €�}n4 I.�drt!Nre -rv) k9tlsp. kri }J43iPi Est iJf4EfET Yf'�,�drac i ._. � .. ..# Let6Y $S MNeri tt(t➢t�7➢ ➢x ilfl Ae'll 3#§E �.-4'R""'®"'- - i 6 � Itr7kxt;�n � 411}tt>f38 a,a. 11�'2Nd't1 �§➢; darA q g 1F 1�rr+l t ort Pdc S �#Yttrt Paerrn+xi day W405121 5121 Tk 1111 VII SK til _.. laxly-ar:-N 1's ilrry Yn Fdl ild# s1+u fL37�li 6Fids4sv* J , N IkY � 4tz+Ne Paaga�le it dny� Tfm tE(P7JE3 1�r 12)E11➢f _ 7 � .-� >2Si I Frei (ttglw;lA SAF+Pr+�m ♦ nxs+»MRmdtre �mn-xaf, € Flaers�4ry.m-----a:.e-.-... An +.nr: ]Yrerturp t 9 MPrh+�494k k �-.._� •,,<:i u+.o.AEere im H4 ho W®Utr, PUtiftA`A Da rn ID" fti V31%Yi stay NP11#71 1 at RrA6WWmUjjlf*� NU yp rfi 41711j3 Thu Wj]lj,H .. 1 YE P.hkifiw-L�ij..A Shy. hi AC3ttfda liae'{NP�i A 14 11 *to- Vt-1 91301 TUa wzYJl lr°�I d", Y mn Cut .Ajh* 3+;yw U.. Wi/d! iti:k3wil afs ad�ga c t PAI,W S ",ft TRd67L';}L] §fst dw t Pub[" Fzm;9.l=nes Yrl.tgt W611rj)f drar4.43 6 d Aw—Grwa Wo- am x PitK.U1,03 N.tjdt,Pd1 F I A OK VYvW 16 Sewo CUI. A V p06-4r tS4ap 4„tjl0lm T..3 N11 dj79 U "Ott v"W17/11 4 �aww : aaNatx fi .Rn,emi:xswgll i astfns vs�e'se.N Nrarr:jl�i71 �^^^�-� �sfla.sr.ma.re, F T M ad T.J 11�MITgI�lAI# {{ 1,txpIasl.r tlddl�l �g. ommmmm m 694 I -MIN ft& 'RAM HLUCKI I Il Public Infi-astructuiv SUILUERS, LLC "EXHIBIT E -:;crypt of Work" Inclusians: EXHIBIT E SCOPE OF WORK SCOPE OF WORK The subcontractor shall execute the following portion of the work described in the subcontract documents, including all labor, materials, equipment, services, superintendence, and other items required to complete such portion of the work: Utilities DEFINITIONS: The word Furnish when used in this document means furnish completely, including all work and associated costs for: materials, shop drawings, transportation, insurance, field measurements, expediting, shipping, handling, packaging,. storage, touch up materials, owner's manuals, training, and any other accessories required for a complete installation. Shipping methods and delivery dates for furnished items shall be coordinated with the receiver I installer and shall include all reasonable provisions required for unloading. (Proper container, lift gate if required.) The word Install when used in this document means install completely, including all work and associated costs for: unloading, unpacking, hoisting, storage, hangars, supports, sleeves, coordination, layout, shop drawings, review of shop drawings by others, excavation, backfill, dewatering, installation, cutting and patching, firestopping, clean up, inspections, documentation, protection of own work and work of others, and,all other accessories, services and facilities required for a complete installation. The word Provide when used in this document means Furnish and Install completely, including all work and associated costs for., furnishing, installing, materials, labor, equipment, layout, tools and any other temporary or permanent fAcilities required to complete the work. LITILITtES (PUBLIC) 1, The work or This contract shall include, but shall not be limited to, Providing the following work. All jobsite clearance, trench safety, traffic control, mobilization, and restoration of disturbed areas related to the scope of work listed above, All water necessary to complete this scope of work. S,Nlrw ifl'Wwk - Vapr I t-1 BLOCKH H Public Infrastructure BUILDERS, L LI, I "EXHIBITE - Scflpe of Work" All surveying by a licensed surveyor for this scope of work. Any damage to the SWPPP system by this subcontractor shall be mpaired immediately with any temporary means necessary and replaced with permanent like -for -like SWPPP items at the expense, of this subcontractor. Subcontractor shall -submit a written trench safety plan prior to work being done. No tretiches shall be kept open overnight without prior written approval from the city All open ditches will be barricaded and flagged when workers are not present All excavations to be backfilled in lifts and compacted to a minimum of 95% compaction with all excavations tested by others to ensure compaction parameters are met, prior to installing next lift. All trenches shall be, kept free from water and debris at all times. Per Civil Engineer, all sewer pipes to be SDR-26 and domestic water pipe to be PVC C900. (Private scope only — from estimator inclusions) Storm Sewer and Street Drainage All storm sewers and site drainage utilities including, but not limited to, all concrete and IMPE pipes, fittings bedding materials, soil compaction, precast inlets with iron frames and grates. Junction boxes, trench drains, landscaping inlets, downspout connections, spoils haul off, etc. necessary to complete the storm sewer scope of work as specified in the contract documents and as required by the local governing authority. I All tapping and connecting into the cites existing storm sewer system. Sv' , anitary Sewer I All sanitary sewer utilities including, but not limited to, all pipes, fittings, cleanouts, precast manholes with cast iron rings and covers, bedding materials, soil compaction, testing., surveying, staking, spoils haul off, etc. necessary to complete the sanitary sewer system as specified in the contract documents and as required by local governing authority. All connection points to the system are to be within 5 feet of the building both vertically and horizontally. 2 All cutting the street, street plates, haul off of spoilsi traffic control, and paving poor -back for sanitary sewer under existing roads. Sanitary sewer backfill at paved areas shall be stabilized sand backfilled up to 12" below sub -grade. Sanitary sewer backfill at unpaved areas shall be compacted natural dirt with stabilized sand bedding. 4, All tapping and connecting into city's existing sanitary sewer system. Combined DomestielFire'Water ";UoN - Voilt 1 i31 BLUCK H H Public Infrastructure BUILIDERS, LLC "FAII I RIT E - Scope of Work" All domestic and fire water utilities including, but not limited to, all pipes, fittings, thrust blocking, fire hydrants, bedding, backfili, compaction, surveying, staking, chlorination, spoils haul off, testing, etc, as specified in the contract documents, and as required by the local governing authority. 2 All road boring, road repairs and patching, traffic control, haul off of spoils, curbs, tapping, sleeving, connecting, and valves at the existing city water main. 3. All compound water meter(s) and all required precast vaults,and accessories for the water meter(,$), as required. , 4. All backflow preventer(s) with precast vaults, as required. Insulate and heat trace backflow preventors, as required. 1, The work of this contract shall include, but shall not be limited to, Installing the following work. N/A. The work of this contract shall include, but shall viol he limited to, furnishing the following work RNAII I - The work of this contract shall exclude, the following work. I Filter sacks at inlets, I Other Requirements: Work hours are generally from 7:00 a.m. to 5:00 p.m. Monday through Saturday. Saturdays shall be worked if inclement weather restricts the ability to work one or more days of a given week. SQ-pe BLUCKF1 H Publie hif'rastructure, BUILOE.RS, LLC,11 "VA 14191TE- Scope o(%Vork" This subcontractor will allow access 110 equipment or scaffolding for Inspection purposes and will provide training and safety etluipment for Contractor if needed. All sr bconttiictors are responsible to coordinate construction operations with the work of the other subcontractors directly; the Contractor may, assist the, c6ordination and construction efforts. This subcontractor shall have the representative attend the mandatory weekly Project Meetings. Contractor shall meet all OSHA and BLOCK safety requirements and 100% OSHA fall protection requirements for this scope of worlL 1KW_Pr,1r*q1F1" NO CHANGES MADE TO THIS FORM Of SUBCONTRACT SHALL BE CONSIDERED ACCEPTED, AGREED UPON, NOR ACKNOWLEDGED. ANY AND ALL REQUESTED CHANGES TO THIS SUBCONTRACT MUST BE SPECIFICALLY DETAILED IN "EXHIBIT Z- SUBCONTRACT MODIFICATIONS", TO TH-EX17FACHED ADDITIONS, REVISIONS AND DELETIONS ADDENDUM (THE "ADDENDUM""). ONCE THE ADDENDUM IS INTIALED AND SIGNED BY CONTRACTOR AND SUBCONTRACTOR, IT SHALL BE CONSIDERED A PART OF AND INCORPORATED INTO THIS SUBCONTRACT. I - PROJECT REQUIREMENTS (FILLED IN JOB BY JOB BASIS) Davis -Bacon prevailing wages are required on this project. This Subcontract includes the prevailing wages for this scope of work. See "Exhibit J" Certified payroll is required on this project. See "Exhibit X". This is a tax-exempt project. This Subcontract EXCLUDES all state and local sales tax on installed materials. See "Exhibit.1". Payment and Performance Bond is included per this agreement. L GENERAL REQUIREMENTS I 'ielq,e of V"114. - 1*ore A 631' , HLUCK11HPublic infirastrueture B,UILDERS,LLC "EXHYBIT E-Sropeof Work" Subcontractor shall have a complete understanding and responsibility for ALL Contract Documents (plans dated 03/22/2023, specifications, addenda, and any changes thereto) for the purposes of completing the Utilities work and coordination with other trades. Subcontractor shall pay attention to all Division One — General Requirements. Subcontractor shall complete all work in accordance with the Contract Documents, manufacturer's recommended installation methods, geotechnical report recommendations and requirements, and all applicable codes. It is further understood that the project drawings and specifications May not be fully detailed, but such information can be reasonably inferred by similar details and/or requirements indicated elsewhere in the contract documents and that such costs are included in this Subcontract. Subcontractor shall furnish all tools, equipment, accessories, lifts, hoists, crane; scAffolding, slings, man baskets, yo-yos, harnesses, platforms, etc. necessary to complete this scope of work. Subcontractor has included any and all applicable permit fees and licenses required to perform this scope orwork in its entirety. Subcontractor is responsible for acquiring all permits required to complete this scope or work. Subcontractor shall send a digital copy of any/all permits to the Contractor immediately after the permit Ls receive from the issuing entity. Subcontractor is responsible for all mobilization, demobilization, and restoration of disturbed areas related to this scope of worL- The building delivery dates are critical to the project. Subcontractor must comply with the schedule and durations. Subcontractor's project manager, superintendent, and foreman for the project. are required to attend the Subcontractor Pre -Construction Meeting before mobilization and work commencement. This meeting will occur approximately two weeks, prior to mobilization where the project team will review all project coordination, safety, logistics, scheduling, and this Subcontractor's scope otwork. Subcontractor's superintendent and project foreman are required to attend the Weekly Subcontractor Safety Meeting. This meeting will involve all active and upcoming trades where the project team will discuss lookahead schedules; field conflicts, coordination, safety, and deliveries. Weekly attendance is mandatory. A fine of $3-50 will he deducted from this Subcontract for every meeting missed. Subcontractor shall fulfill any and all project compliance requirements. If Block Companies provides compliance personnel assistance to subcontractor, back charges will be applied to subcontractor at a rate of $250.00 per hour. SUBCONTRACTOR, SUBCONTRACTOR'S PERSONNEL, LOWER TIER SUBCONTRACTORS AND LOWER, TIER SUBCONTRACTOR N Se ape ill' Woll, - Page w I] ( BLUCk111-1 Public Infrastructure BLJILDERIS, LLC "EXHIBIT F - Scope of Work" PERSONNEL SHALL PAW14CIPATE IN, PROVIDE ALL INFORMATION FOR AND FULFILL ALL REQUIREMENTS FOR THE SMART BARREL CONSTRUCTION WORKFORCE MANAGEMENT AND COMPLIANCE PROGRAM. This Subcontractor shall abide by all applicable federal, stale, and local codes and requirements. Subcontractor is responsible for all traffic control, traffic control permits, road closures, road closure permits, signage, flagmen, etc. necessary to complete this scope or work. Subcontractor shall coordinate with the Contractor and all other trades on the project to ensure a safe and timely completion of this scope of work, Subcontractor is required to notify, the Contractor of any existing or potential issues related to their scope of work, the construction sequencing, project safety, constructabUity, schedule, etc. as soon as the issue is identified. These issues will be discussed and coordinated with the entire project team at the Weekly Subrontractor Safety Meetings. 1. SUPERVISION Subcontractor shall always have a full-time Competent Person on the project site while work is being performed for this Subcontract. See "Exhibit H Subcontractor's Competent Person shall be proficient in English as well as the language(s) spoken by their subordinates. Subcontractor's Superintendent and Competent Person shall be reachable by cell phone during work hours. Unanswered calls must be returned within four working hours. Subcontractor shall provide to. Contractor the phone numbers of supervisors who can be reached for emergency purposes, after hours, during weekends, and on holidays, if the need arises. Subcontractor shall commence with submittals and shop drawings immediately after this Subcontract is executed. Subcontractor shall submit all submittals via email and Provore. Email submittals to: sa)pe 111,W114 - Pilgr6or tow I 111 Public Infrastructure "EXHIRITE - ScoW of Work" I. Rayne Barton —Project Manager p ni o i) . es Von, Roy Fierro Project Sulierintendent (rflerrq(ii)hlo wo p m) --in die .co Submittals will be approved and distributed via Procore alone. Submit.tals are due CoMpanie. to block immediately. Any delay in timely submittal delivery creating project delay due to late delivery of materials is the sole responsibility of the subcontractor. L CLEAN-Ul' Dumpsters will he provided by the Contractor at specific locations on the project site. Subcontractor is responsible for removing its own trash and debris from the construction area and placing it inside the dumpsters. Subcontractor shall clean up the area(s) where work was performed on a daily basis. All construction debris and trash created shall be moved to the dumpster at the, end of each day. No trash or debris shall he left out overnight. The Contractor will coordinate a composite cleaning crew one day each week for general project site clean-up, The composite cleaning crew will not be used to supplement this Subcontractor's or another subcontractor's lack of required cl ' caning. If this Subcontractor is actively working on the project, then Subcontractor is required to dedicate one worker for eight hours to the composite cleaning crew every week. Daily clean-up and composite cleaning crew participation is required by this Subcontractor and all other subcontractors work on this project. Subcontractor's schedule of values must include clean-up line items for each floor or areaXleaning draws will be withheld if this Subcontractor rails to clean their work areas or participate in the composite cleaning crew, [-SAFETY Subcontractor shall deliver its safety program and proof of comp Hance with all Occupational Safety and Health Administration (OSIJA) requirements within 20 working days of the contract date. Subcontractor shall furnish Contractor with an electronic set and physical bound set of current SDSs. Subcontractor shall maintain an active safety program throughout the duration of this scope of work. Subcontractor shall copy the Contractor on all weekly training and safety correspondence. I Si :Wlry of KLUCkI 111 Public Itifrastructure BUILDERS, L L C *-FX 1 If RIT t, - Scope of Work" Subcontractor shall supply all personal safety equipment, PPE, devices, etc. necessary to complete this scope of work. Block's pusite safety program rAm may at times have more stringent requirements than OSHA standards. In those instances-11 Block's onsite safety requirement will supersede. Subcontractor shall supply, install, and maintain any and all safety measures required for this scope of work. If Subcontractor creates a hazard as part of its scope of work, then Subcontractor is responsible for protecting the hazard anti maintaining that protection until the hazard is remediated. If excavation is required for this scope of work, then Subcontractor is responsible for all trench and excavation safety. All persons operating machinery or equipment for this Subcontract shall be certified for that equipment and must carry their certification on them at all times. All persons working on the project site must complete the safety orientation before they commence any work. Safety orientation will occur every working morning. A safety orientation sticker for this project will be issued to each worker and they must be displayed on the worker's hard hat at all times. Coordinate wit -it the ContrActor for all safety orientations. I - Subcontract Value Breakdown: $r Base Bid 1,049,029 ;,' Alternates (Bond) $215,000 Subcontract.Total $1,074.1010' End of Scope of Work Flichisions: M korw j)f Alf1d , llijgd: X 14t, H H Public Infrastructure I as-tttool I m EXHIBIT F - 3'WEEK LOOK AHEAD SCHEDULE FOR 1 s inn K "iTTAUDIV, fiR�7Jii'a� ed.roltYri•�a HY7 )) ar�ztwk sy� n dYMU. tPr s:r a)r d r ri ae 7 r d .)€ . m r;•. r,d1 ws onti it 7 'dv t 1, f16do Dai. 9JUft odittob ow- 4�F.i Ott) yy �� If ttb,� dNry unc �eze9tr rtrinre n�1kz (dvna � �, w[[htia� �3 i��i�r+i tuna dc,d � thlm tdcr�aatA dta Urz Ks�euy. � �inz�di�iin+tt 4S volm dinrd hnft N root%w rvM rig br %t rrtdr ®d factual.. i13ri7mmorx. 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JA for W�l tvpo of aiaxwtl Mw Mama aw ON ots *04u, or OwA420 Vw! dam*F 10 v s r' oUC O Th& '. :xkF:•rt #aft �i3f'Cti i t� it ,' ` .. 12, pirr fil""rtub-. U-C pa'Msx,0110 Ot. is €: T?w 3 ix 4' ( brim 4 _ `s `w,i;- ft rukrA of via powsm. ; *fCU §' bkolrAM ard J'. i, _ JAWO A t ;:= fix, ;,x. f..,,_ 5v •.."4aFOM W-9 tt3iru-4'=... ot t ? tfi n sr I . . Sys .; ; , our Tax Records From Ident ty Theft .. ' � ' t;}-;'' .:> �,;�.) �a 'i'... �r�c-.:.} ! ��i.,�fi i lam ;'� n -�, � :: ra t ..�'• a F,r i ptintodwiff!.- 3 N H Public Infrastructure I ■ WOM Block WT Hughes House GC Joint Venture Subcontractor Minimum Safety Requirements Black WT I lughes I louse GC Joint Venture takes workplace and public safety very seriously and therelbre has listed the minimum requirements that must he, followed by each Subcontractor on the workAte, We expeet the lead person for each Subcontractor to consistently enforce- these and any other needed safety rules to prevent workplace injuries and property damage, Nothing in this document shall modify any other prior ageement or contract between sub -contractor and contractor herein, Subcontractor: Pr(,.iJIect Name: Trade: Project #-,, Competent ftran: A competent person. according to OSf IA, is a person that by knowledge, experience and training has the ability to identify hazard:, both physical arid behavioral,which are likely to cause injury or property damage and that person has the authority to correct the hazard. Subcontractor Competent Person is: _ Cell #: Personal Protection F-auip_%gnt IiKquiremenls: 110- Hard I lats 10- Steel Toe Workboots k- Long pants, 0- Shirt with sleeve over shoulder 0- Eye protection- impact resistant 0-High visibility vest - near traific or heavy machinery OoHearing Protection - when loud noise is pre -sent 00, Personal Fall Arrest System- when working above 6 I'cei without guardrails Ol- Gloves when handling rough edges and chemicals. Eauipment Insiwetions and Cer(JfQt*tLpAs. * Prior to use all tools, equipment, machinery and material should he inspected to identil}, derUvts and if' defects are round remove that item I'rom service until def"I is corrected. 00, All -operators of equipment must he certified to operate the equipment. Subcontractor shall provide copies of said certification(s) to General Contractor. llo- Smoking is allowed only in designated areas approved by Superintendent- In no case is smoking ever alloNved in the building or within twenty (20) feet of any entrance ol'the buildihg(s), See Article 16.16 ofthe Generall ('.onditions ofthis Subcontract Agreement. Po- Housekeeping in your Work area shall be maintained and free orclutter and debris. Ow A Hazardous Comm tin i cations Program (1-la,7com) with all MSDS 's shall be on site, lllF All injuries, regardless of severity and/ or property darriage must he reported immediately to the, General Contractor Superintendent. 10- If you do not know how to perform a task so fely ask for v ,uidawe,,_�� I have rvad and understand the basic safety rules and el - Printed Name: 4 s5 91 r&(g'Signe& WJ of c C 'ety rules, 11 1-1 Public Infrastru ctu re Stib-Subconti-actorNendor/Supplier List Project Name: H H Public Infrastructure Subcontractor: Rumscy Construclion, LLC Subcon(rdctor is required to submit a complete list of sub-subcoiitractor.Vvendor:�,Isupplierg as, they relate to the Subcontract agreement. (Please likt all vendors/supplier greater than $2,500 it) value Identiry the tvpe of Still- Sub- Sub - company - "Sub- SubconimetorAlendorl Subcontrad-orlVendor/ Subcontravtor/Vendor Amount Subcontactor", _Supp4er Nanic Supplier Contact /Suppli&r Telephone "Vendor" or "Supplier" Mime Numbor .. . . . . ....... Il Texas Lien Waivers Conditional Waiver and Release on Progress Payment • Unconditional Waiver and Release on Progress Payments Hughes House EXHIBIT J Project Specific Documents 1) Texas Lien Waivers 2) Compliance 3) Tax Exemption Certificate (4'applicable) Project 11-lughes Haub& Job No. -ziwv On receipt by the signer of this document of a check from 80x4 11.6den LLG (maker of check) in the sum of S -- payable to (payee or payees of check) and when the check has been property endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's Ilan right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance® rule. or statute related to claim or payment rights , for persons in the signer's position that the signer has on the property of " Hughn- Ha— LP (owner) located at - rta- w ago -dale- st FuO WDdh, IX If.", (location) to the following extent � EA1,4A A— (job description). This release covers a progress payment for all labor, services, equipment, or runterials furnished to the property or to. !!tt AmoI rt.4i w,tih I TW 16 t (6 (person with whom signer conlractod) as indicated in the attached. statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished, Before any recipient of this document relies on this document. the recipient should verify] evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay In full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statements) or progress payment request(s), Signature: Date* Company Name: By (W/ title)` STATE OF TEXAS § COUNTY OF § This instrumotil was acknowledged biolaro me on this day of 20-- by -- (,name), name), dab title) at (company name), NOTARY PUBLIC, STATE OF TEXAS 1-) 2013 EXPTess Lien, Inc, d4a 740n NOTICE: This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid, use a conditional release form. Project 1I.VWMAIR4 ---" - - Job No. -- This signer rat this document has been paid and has received a progress payment In the sum of for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted) on the property Of i4k- (owner) located at I I 11-TI W4141h, TCKU 7010 _(location) to the following extent,, —v 1014 10N, Oob descHption)- The signer therefore waives and releases any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the above referenced project to the following extent: This release covers a progress payment for all labor, services, equipment. or materials furnished to the property or to (person with whom signer contracted) as indicated in the attached statement(s) or progress payment (equest(s), except for unpaid retention, pending modifications and -changes, or other items furnish-ed. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signers laborers, subcontractors, matorialmen, and suppliers for all wo*, materials, equipment, or services provided for or to the above referenced project In regard to the attached statement(s) or progress payment request(s), STATE OF TEXAS COUNTY OF Signature, gate; Company Name: By (W/ title) - I This Instrument was acknowledged before me on this by (name), title') 01 (company name). day of —120— (job NOTARY PUBLIC, STATE OF TEXAS N Fort -Worth Housiner Solutions Requirements To be issued at a later date Please note that. items in bold require itilbr-mation rrom your company andlor a signature and N11 IST he returned to Block as part of the subcontract package ror execution. 0 Tax Exemption Certificate f applicable) H 14 Public Infrastructure I W'714 88-11 Additions, Deletions and Revisions Addendum Him-k Builders, LLC and Subcontractor (the "Parties) executed a Subcontract or Purchase Order an 20 (else "ijhrmntract')-, All terms defined in the Su I bcontract shall have the same me ring in this Addendum, onlw othorwist! defined herein, 'rho parties to the Subcontract HPvc thal any and all ohanges to Tear and Conditioris ol'the standard fonn of SubcontTact, including any a ddftions, deletions or revisions (ooflectivoly rektred to as ('Revilon") are specifically detailed below. Vie Partic's florthew agree that a Revi.4on is 'not "itsidered accepted nor made a, part orthe Subcontract, unless both purves initial wid Revision and this Addendum is signed and dated by an authorized agent ear.representative of each party Requested RevWDR J.- Page 1 and page 2 Chanqq_"Rumsey Constructio Subcontractor Initial Requested Revision I.., LLC" to "Ruip-sq_gonstruction, Inc. V-N--l"Illock initial Pagg-Q-Ailigle 10.7 remoygd_-.,__ --- Subcontractor initial Requested Revision 3; Subcontractor Initial AGREED AND ACCEPTED-. SUBCONTRACTOR, Block initial Block initial BLOCK BUILDERS, INC DATE., WEm'S 1!00 Nanw'/Tj Ile: r- Additions,Deletions and Revisions Addendum Block Builders, Uf and Subcontmelor (the 'Tarfies') executed a Stibcoulrael*Purchase Order on 20 (the "Subcowmct"), ' All terms defined in the 8t bwntract shall have the same rnearring in Wa Addendum, only otherwise defined herein, 'tire panics to the Subcontract agree that any and all changes to3eniis ond . Conditions of the stAndard form, of Subcontract, including any additions, k1plu-tiotig or revisions (ciptletfively, referred in as ("Revision") am �pccfir 4y detailed below. Thr Parties finAer agree that as Revision . Is not considered accepted not made a part of the Subcontract, unless bath parties initial said Ri&visiou and this Addendum is signed and dated by an matloodred ageni or rVresentative of each rmay, Reque-sted ReVISlon 4: Page 18-20- Exhibit D Schedule to be updated, via change order, after GFA PreCon Meeting Subco"fraettor ,Iock Initial initlat Requested Revision 5: Page 23- Exhibii E RemovQ-„jfIl-qUP s�l i� �6LIJL� I �!�ffc -;5�t iqji�t iLon trames and _qjate trench drains", "landscAping inlets", "down spout conne'rlions" -V_ Hlotk Initial Requested Revision 6: e 24- F `Sccipe M orl(" Line 4 Removect, Subcontractor initial AGREED AND ACCEPi-11), S-UWUNTRACTOR, DATE 614(9� Name/Tltle:__(W,L"t F"dock Initial DLO is HUILDLRS, INC 2ATU skvw, VrU �fes&g( NOTEPAD Block Builders LLC BLOCK-1 PAGE 2 INSURED'S NAME OP ID: MF Date 05/11/2023 Professional Liability $1,000,000 Each Claim $1,000,000 Aggregatee $25,000 Deductible Retro Date: 4/21/2017 G: Pollution Liability is with Ironshore General Liability: Additional Insured & Waiver of Subrogation, as required by written contract, in favor of Certificate Holder, as respects General Liability policy. Per location aggregate applies as respects General Liability coverge. Primary & Non -Contributory coverage included. No Deductible on insured's GL policy. Business Auto: Additional Insured & Waiver of Subrogation, as required by written contract, in favor of Certificate Holder, as respects Business Auto policy. No Liability Ded. for Auto. Workers' Compensation: Waiver of Subrogation, as required by written contract, in favor of Certificate Holder, as respects Workers' Compensation policy. No deductible applies for Workers' Compensation Excess:Follows form of the underlying policy, terms, conditions and forms 30 Days Notice of Cancellation applies to these policies. HOLDER CODE ENTERCO NOTEPAD. INSURED'S NAME Block Builders LLC BLOCK-1 PAGE 3 OP ID: MF Date 03/09/2023 GENERAL LIABILITY: Additional Insured - Owers, Lessees or Contractors when required by written contract. (Form #CG2010 4/13 & CG2037 04/13) Waiver of Transfer of Rights of Recovery Against Others to Us, as required by written contract (Form #CGM4 g0/93). Primary & Non -Contributory Coverage incl. WORKERS' COMPENSATION: Waiver of Subrogation, as required by written contract, in favor of certific ate holder, as respects Workers' Compensation policy. BUSINESS AUTO: Additional Insured & Waiver of Subrogation, as required by written contract, as respects Business Auto. EXCESS POLICY: Excess Policy is follow form of the underlying coverages. 30 DNOC in favor of certificate holder as respects WC; GL; & Excess Policies. FW hughes House, LP and Enterprise Community Loan Fund, Inc are Additional Insureds for the Umbrella policy XCU is not excluded Pollution Liability in included in the General Liability aggregate limit Bond No.: 4465138 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that, BLOCK WT HUGHES HOUSE GC JOINT VENTURE 39279 Tommy Moore Rd Gonzales, LA 70737 as Principal, hereinafter called Contractor, and Markel Insurance Company 4521 Highwoods Parkway Glen Allen, VA 23060 as Surety, hereinafter called Surety, are held and firmly bound unto McCormack Baron Salazar Development, Inc. 100 N. Broadway, Suite 100 Saint Louis, MO 63102 as Obligee, hereinafter called Owner, in the amount of ONE MILLION NINE HUNDRED EIGHTEEN THOUSAND ONE HUNDRED FORTY DOLLARS AND 54/100 CENTS ($1,918,140.54 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, BLOCK WT HUGHES HOUSE GC JOINT VENTURE Contractor has by written agreement dated entered into a contract with Owner for Hughes House Phase 1 Public Improvements: Wet Utilities in accordance with Drawings and Specifications prepared by Kimley-Horn and Associates, Inc. 801 Cherry Street, Suite 1300, Unit 11 Fort Worth, Texas 76102 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract, The American Institute of Architects has withdraw from distribution the AIA A311 bond forms, February 1970 edition. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A311, February 1970 edition. PERFORMANCE BON® NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surely may promptly remedy the default, or shall promptly t) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or Signed and sealed this day of U - (witness) (Witness) contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the -total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. BLOCK WT HUGHES HOUSE GC JOINT VENTURE (Principal) -- (Title) Markel Insurance Company (Surety) (Seat) Ll John 10. Hampton, Attorney -in -Fact The American Institute of Architects has withdraw from distribution the AIA A311 bond forms, February 1970edition. The Company executing this bond vouches thatthis document conforms to Amerl can Institute of Architects Document A311, February 1970 ed€tlon. Bond No.: 4465138 MATERIAL PAYMENT BON® THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that, BLOCK WT HUGHES HOUSE GC JOINT VENTURE 39279 Tommy Moore Rd Gonzales, LA 70737 as Principal, hereinafter called Principal, and,, Markel Insurance Company 4521 Highwoods Parkway Glen Allen, VA 23060 as Surety, hereinafter called Surety, are held and firmly bound unto McCormack Baron Salazar Development, Inc. 100 N. Broadway, Suite 100 Saint Louis, MO 63102 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE MILLION NINE HUNDRED EIGHTEEN THOUSAND ONE HUNDRED FORTY DOLLARS AND 54/100 CENTS ($1,918,140.54 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, BLOCK WT HUGHES HOUSE GC JOINT VENTURE Principal has by written agreement dated entered into a contract with Owner for Hughes House Phase I Public Improvements: Wet Utilities in accordance with Drawings and Specifications prepared by, Kimley-Horn and Associates, Inc. 801 Cherry Street, Suite 1300, Unit 11 Fort Worth, Texas 76102 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The American Institute of Architects has withdraw from distribution the AIA A311 bond forms, February 1970 edition. The Company executing this bond vouches that this document conform$ to American Institute of Architects Document A311, February 1970 edition. LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct performed. Such notice shall be served by mailing the contract with the Principal or with a Subcontractor of same by registered mail or certified mail, postage the Principal for labor, material, or both, used or prepaid, in an envelope addressed to the Principal, reasonably required for use in the performance of the Owner or Surety, at any place where an office is Contract, labor and material being construed to regularly maintained for the transaction of business, or served in any manner in which legal process may be include that pars of water, gas, power, light, heat, oil, served in the state in which the aforesaid project is gasoline, telephone service or rental of equipment located, save that such service need not be r-nade by a directly applicable to the Contract. public officer. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or Signed and sealed this day of xda�vozav� U (Witness) (Witness) b) After the expiration of one (1) year following the date on which Principal ceased Worlc on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction In and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. BLOCK WT HUGHES HOUSE GC JOINT VENTURE (Prntcipa -� (Title) Markel Insurance Company (Surety) (Seal) John D. Hampton , Attorney -in -fact The American Institute of Architects has withdraw from distribution the AIA A311 bond forms, February 1970 edition. The Company executing this bond vouches that this document conforms to American Institute of Architects document A311, February 1970 edition. Markel Insurance Company RIDER TO BE ATTACHED TO PERFORMANCE AND PAYMENT BONDS BONDD, NO.4465138 Wherein BLOCK WT HUGHES HOUSE GC JOINT VENTURE is named as Principal and Markel Insurance Company, as Surety in favor of McCormack Baron Salazar Development, Inc. as Obligee, in the amount of ONE MILLION NINE HUNDRED EIGHTEEN THOUSAND ONE HUNDRED FORTY DOLLARS AND 54/100 CENTS ($1,918,140.541, effective for the Hughes House Phase I Public Improvements: Wet Utilities WHEREAS, when this bond was executed was named as Obligee, and WHEREAS, it is now desired that certain other parties be added as "Additional Obligees". NOW, THEREFORE, it is hereby understood and agreed that the following shall be considered as Additional Obligees under this bond: FW Hughes House, LP 1407 Texas Street Fort Worth TX 76102 AND Fort Worth Housing Solutions 1407 Texas Street Fort Worth TX 76102 AND City of Fort Worth 200 Texas Street Fort Worth TX 76102 AND McCormack Baron Salazar, Inc. 100 N Broadway Suite 100 St Louis MO 63102 AND U,S. Housing and Urban Development 10 W. Broad St. 81" floor Columbus, OH 43215 The foregoing, however, is subject to the following further provisions: (1) The Surety shall not be liable under this bond to the Obligees, or any of them, unless the said Obligees, or any of them, shall make payment to the Principal or Surety strictly in accordance with the term of said contract as to payments, and shall promptly perform all other obligations to be performed to by the Obligee under said contract at the time and in the manner therein set forth. (2) The Principal and the Surety shall not be liable to any one or to all of the Obligees in the aggr-egate in excess of the penal sum of the bond, to wit: of ONE MILLION NINE HUNDRED EIGHTEEN THOUSAND ONE HUNDRED FORTY DOLLARS AND 54/100 CENTS ($1,918,140.541 Signed, and sealed this day of , 2023. BLOCK WT HUGHES HOUSE GC JOINT VENTURE (Principal) By: Markel Insurance Company .By: /a-_-LL� Johnny Hampton, Attorney -in -Fact POAf# 1810030 JOINT LIMITED POWER OF ATTORNEY KNOW All MEN ISY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"", a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Johnny D. Hampton Their true and lawful agent(s) and attorneyts)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or Jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking In suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 001100 Dollars ($50,000,000.00) This Power of Attorney Is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named In the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Market Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS W HEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duty authorized officers on the 23rd day of January , 2023 . SureTec Insurance Company U`�5 %Nc�Op `%) A c�,�,'' Marke suranco mpany m 9 :1'P w 5 = SEAL By: �1 Michael C. Kelmig, President ` •• ••- ��, �.� ndeyfennj gVVice President W i,/nr#m11`` iV/ State of Texas County of Harris: On this 23rd day of January , 2023 A. D., before me, a Notary Public of the State of Texas, In and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the Individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duty sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said Instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. .1ULIE E. MCCIARY (� �` •t/� /) G P{ Notary Public State of Texas By: T V l =� #" Commission # 12947680-5 fu i McClary, Notary Public Comifimission FMarch 29, 2026 M commission expires 3/29/2026 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy Is still In full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the day of S T c nsur Co any - Markel Insurance Company ©y: By: M. Brent Beaty, nsslstant Secretary Andre arquls, AssistaA ecreta Any Instrument Issued in excess of the penalty stated above Is totaliy void and without any validity. 1610030 IF for verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Article 1 — Definitions and Terminology.......... 1.01 Defined Terms ............................... 1.02 Terminology .................................. Article 2 — Preliminary Matters ....................... 2.01 Before Starting Construction...... 2.02 Preconstruction Conference........ 2.03 Public Meeting ............................ Page .............................................1 .............................................1 ............................................. 5 ....................................................... 6 ....................................................... 6 ....................................................... 6 ....................................................... 6 Article 3 — Contract Documents and Amending............................................................................................... 6 3.01 Reference Standards..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents.................................................................. 6 Article 4 — Bonds and Insurance....................................................................................................................... 7 4.01 Licensed Sureties and Insurers..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds........................................................................ 7 4.03 Certificates of Insurance............................................................................................................... 7 4.04 Contractor's Insurance.................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................12 Article 5 — Contractor's Responsibilities........................................................................................................12 5.01 Supervision and Superintendent.................................................................................................12 5.02 Labor; Working Hours................................................................................................................13 5.03 Services, Materials, and Equipment...........................................................................................13 5.04 Project Schedule..........................................................................................................................14 5.05 Substitutes and "Or-Equals".......................................................................................................14 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors).....................................16 5.07 Concerning Subcontractors, Suppliers, and Others...................................................................16 5.08 Wage Rates..................................................................................................................................18 5.09 Patent Fees and Royalties...........................................................................................................19 5.10 Laws and Regulations.................................................................................................................19 5.11 Use of Site and Other Areas.......................................................................................................19 5.12 Record Documents......................................................................................................................20 5.13 Safety and Protection.................................................................................................................. 21 5.14 Safety Representative.................................................................................................................21 5.15 Hazard Communication Programs.............................................................................................22 5.16 Submittals....................................................................................................................................22 5.17 Contractor's General Warranty and Guarantee..........................................................................23 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ............................................ 5.19 Delegation of Professional Design Services 5.20 Right to Audit: ............................................. 5.21 Nondiscrimination ........................................ Article 6 - Other Work at the Site....... 6.01 Related Work at Site ....... Article 7 - City's Responsibilities ............................................ 7.01 Inspections, Tests, and Approvals ....................... 7.02 Limitations on City's Responsibilities ................ 7.03 Compliance with Safety Program ........................ Article 8 - City's Observation Status During Construction....... 8.01 City's Project Representative ................................. 8.02 Authorized Variations in Work .............................. 8.03 Rejecting Defective Work ...................................... 8.04 Determinations for Work Performed ...................... Article 9 - Changes in the Work ...................... 9.01 Authorized Changes in the Work 9.02 Notification to Surety ................... Article 10 - Change of Contract Price; Change of Contract Time 10.01 Change of Contract Price ........................................... 10.02 Change of Contract Time ........................................... 10.03 Delays......................................................................... Article 11 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............ 11.01 Notice of Defects.............................................................................................................. 11.02 Access to Work................................................................................................................. 11.03 Tests and Inspections........................................................................................................ 11.04 Uncovering Work............................................................................................................. 11.05 City May Stop the Work................................................................................................... 11.06 Correction or Removal of Defective Work...................................................................... 11.07 Correction Period.............................................................................................................. 11.08 City May Correct Defective Work................................................................................... Article 12 - Completion .......................................... 12.01 Contractor's Warranty of Title ........... 12.02 Partial Utilization ................................ 12.03 Final Inspection ................................... 12.04 Final Acceptance ................................. Article 13 - Suspension of Work ..................................... 13.01 City May Suspend Work ............................. Article 14 - Miscellaneous ......................................... 14.01 Giving Notice ......................................... CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 24 24 25 25 26 26 26 26 26 27 a a ... 29 ... 29 ... 29 ... 29 ... 30 ... 30 ... 30 ... 30 ... 31 ................................. 32 ................................. 32 ................................. 32 ................................. 32 ................................. 33 ............................................................. 33 ............................................................. 33 34 34 14.02 Computation of Times................................................................................................................ 34 14.03 Cumulative Remedies................................................................................................................. 34 14.04 Survival of Obligations............................................................................................................... 35 14.05 Headings......................................................................................................................................35 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw — City's on-line, electronic document management and collaboration system. 5. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract —The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents —Those items that make up the contract and which must include the Agreement, and it's attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions in. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents o. Drawings P. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor —The individual or entity with whom Developer has entered into the Agreement. 11. Day or day —A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer — An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance — The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements —A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non -Participating Change Order —A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order —A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans — See definition of Drawings. 24. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project —The Work to be performed under the Contract Documents. 26. Project Representative —The authorized representative of the City who will be assigned to the Site. 27. Public Meeting — An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours — Hours beginning at 7: 00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site —Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions — That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of apart of the Work at the Site. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours — Hours beginning at 9: 00 a. in. and ending at 5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non -Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p. m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. C. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non - Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 — CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non -Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 — BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either parry or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 4.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: NONE Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: a. General Aggregate: NONE Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence:: NONE Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at -grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre -qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. (Check this box if there is any City Participation) L�J Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.13. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 — OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. ARTICLE 7 — CITY'S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 — CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. Developer/Contractor. City will forward all invoices for retests to 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor's obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 11.09. ARTICLE 12 — COMPLETION 12.01 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 — SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given i£ 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 11 00 SUMMARY OF WORK 011100-1 DAP SUMMARY OF WORK Pagel of 3 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised December 20, 2012 011100-2 DAP SUMMARY OF WORK Page 2 of 3 1 a. A reasonable amount of tools, materials, and equipment for construction 2 purposes may be stored in such space, but no more than is necessary to avoid 3 delay in the construction operations. 4 b. Excavated and waste materials shall be stored in such a way as not to interfere 5 with the use of spaces that may be designated to be left free and unobstructed 6 and so as not to inconvenience occupants of adjacent property. 7 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 8 manner as not to interfere with the operation of the railroad. 9 1) All Work shall be in accordance with railroad requirements set forth in 10 Division 0 as well as the railroad permit. 11 D. Work within Easements 12 1. Do not enter upon private property for any purpose without having previously 13 obtained permission from the owner of such property. 14 2. Do not store equipment or material on private property unless and until the 15 specified approval of the property owner has been secured in writing by the 16 Contractor and a copy furnished to the City. 17 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 18 obstructions which must be removed to make possible proper prosecution of the 19 Work as a part of the project construction operations. 20 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 21 lawns, fences, culverts, curbing, and all other types of structures or improvements, 22 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 23 appurtenances thereof, including the construction of temporary fences and to all 24 other public or private property adjacent to the Work. 25 5. Notify the proper representatives of the owners or occupants of the public or private 26 lands of interest in lands which might be affected by the Work. 27 a. Such notice shall be made at least 48 hours in advance of the beginning of the 28 Work. 29 b. Notices shall be applicable to both public and private utility companies and any 30 corporation, company, individual, or other, either as owners or occupants, 31 whose land or interest in land might be affected by the Work. 32 c. Be responsible for all damage or injury to property of any character resulting 33 from any act, omission, neglect, or misconduct in the manner or method or 34 execution of the Work, or at any time due to defective work, material, or 35 equipment. 36 6. Fence 37 a. Restore all fences encountered and removed during construction of the Project 38 to the original or a better than original condition. 39 b. Erect temporary fencing in place of the fencing removed whenever the Work is 40 not in progress and when the site is vacated overnight, and/or at all times to 41 provide site security. 42 c. The cost for all fence work within easements, including removal, temporary 43 closures and replacement, shall be subsidiary to the various items bid in the 44 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised December 20, 2012 011100-3 DAP SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised December 20, 2012 012500-1 DAP SUBSTITUTION PROCEDURES SECTION 0125 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 4 The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or -equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or -equals," as determined by City. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or -equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, b. Contractor proposes a cost and/or time reduction incentive to the City. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103815 Revised August 30, 2013 012500-2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised August 30, 2013 012500-3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 4. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer's opinion, acceptance will require substantial revision of the original design d. In the City's or Developer's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103815 Revised August 30, 2013 012500-4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Reason Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended _Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised August 30, 2013 SECTION 013119 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 013119-1 DAP PRECONSTRUCTION MEETING Pagel of 3 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August 30, 2013 013119-2 DAP PRECONSTRUCTION MEETING Page 2 of 3 d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals in. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August 30, 2013 013119-3 DAP PRECONSTRUCTION MEETING Page 3 of 3 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August 30, 2013 01 32 33 - I DAP PRECONSTRUCTION VIDEO Page 1 of 2 SECTION 0132 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised August 30, 2013 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised August 30, 2013 SECTION 0133 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 013300-1 DAP SUBMITTALS Page 1 of 8 1. General methods and requirements of submissions applicable to the following Work -related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August 30, 2013 013300-2 DAP SUBMITTALS Page 2 of 8 c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: [Ix�ilIlIIIII%�i 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) `By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 1/2 inches x 11 inches to 8 1/2 inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August 30, 2013 013300-3 DAP SUBMITTALS Page 3 of 8 b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom -prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August 30, 2013 013300-4 DAP SUBMITTALS Page 4 of 8 a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing -in diagrams and templates 5) Catalog cuts 6) Product photographs 7) Standard wiring diagrams 8) Printed performance curves and operational -range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare - parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on -site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August 30, 2013 013300-5 DAP SUBMITTALS Page 5 of 8 a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August 30, 2013 013300-6 DAP SUBMITTALS Page 6 of 8 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non- conforming items that were noted. c) Reuubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August 30, 2013 013300-7 DAP SUBMITTALS Page 7 of 8 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August 30, 2013 013300-8 DAP SUBMITTALS Page 8 of 8 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August 30, 2013 0135 13- 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 1 SECTION 013513 2 SPECIAL PROJECT PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 £ Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 — General Requirements 23 3. Section 33 12 25 — Connection to Existing Water Mains 24 25 1.2 REFERENCES 26 A. Reference Standards 27 1. Reference standards cited in this Specification refer to the current reference 28 standard published at the time of the latest revision date logged at the end of this 29 Specification, unless a date is specifically cited. 30 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 31 High Voltage Overhead Lines. 32 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 33 Specification 34 1.3 ADMINISTRATIVE REQUIREMENTS 35 A. Coordination with the Texas Department of Transportation 36 1. When work in the right-of-way which is under the jurisdiction of the Texas 37 Department of Transportation (TxDOT): 38 a. Notify the Texas Department of Transportation prior to commencing any work 39 therein in accordance with the provisions of the permit CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August, 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 013513-2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage -type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de -energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 0131 13 E. Water Department Coordination 1. During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August, 30, 2013 013513-3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 1 2. Coordinate any event that will require connecting to or the operation of an existing 2 City water line system with the City's representative. 3 a. Coordination shall be in accordance with Section 33 12 25. 4 b. If needed, obtain a hydrant water meter from the Water Department for use 5 during the life of named project. 6 c. In the event that a water valve on an existing live system be turned off and on 7 to accommodate the construction of the project is required, coordinate this 8 activity through the appropriate City representative. 9 1) Do not operate water line valves of existing water system. 10 a) Failure to comply will render the Contractor in violation of Texas Penal 11 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 12 will be prosecuted to the full extent of the law. 13 b) In addition, the Contractor will assume all liabilities and 14 responsibilities as a result of these actions. 15 F. Public Notification Prior to Beginning Construction 16 1. Prior to beginning construction on any block in the project, on a block by block 17 basis, prepare and deliver a notice or flyer of the pending construction to the front 18 door of each residence or business that will be impacted by construction. The notice 19 shall be prepared as follows: 20 a. Post notice or flyer 7 days prior to beginning any construction activity on each 21 block in the project area. 22 1) Prepare flyer on the Contractor's letterhead and include the following 23 information: 24 a) Name of Project 25 b) City Project No (CPN) 26 c) Scope of Project (i.e. type of construction activity) 27 d) Actual construction duration within the block 28 e) Name of the contractor's foreman and phone number 29 f) Name of the City's inspector and phone number 30 g) City's after-hours phone number 31 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 32 A. 33 3) Submit schedule showing the construction start and finish time for each 34 block of the project to the inspector. 35 4) Deliver flyer to the City Inspector for review prior to distribution. 36 b. No construction will be allowed to begin on any block until the flyer is 37 delivered to all residents of the block. 38 G. Public Notification of Temporary Water Service Interruption during Construction 39 1. In the event it becomes necessary to temporarily shut down water service to 40 residents or businesses during construction, prepare and deliver a notice or flyer of 41 the pending interruption to the front door of each affected resident. 42 2. Prepared notice as follows: 43 a. The notification or flyer shall be posted 24 hours prior to the temporary 44 interruption. 45 b. Prepare flyer on the contractor's letterhead and include the following 46 information: 47 1) Name of the project 48 2) City Project Number CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August, 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 013513-4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. H. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. I. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates £ Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. J. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. K. Employee Parking 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August, 30, 2013 013513-5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 1 1.4 SUBMITTALS [NOT USED] 2 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.6 CLOSEOUT SUBMITTALS [NOT USED] 4 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.8 QUALITY ASSURANCE [NOT USED] 6 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.10 FIELD [SITE] CONDITIONS [NOT USED] 8 1.11 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE 1.3.13— Added requirement of compliance with Health and Safety Code, Title 9. 8/31/2012 D. Johnson Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August, 30, 2013 0135 13 -6 DAP SPECIAL PROJECT PROCEDURES 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: Page 6 of 7 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase H— Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CPN: 103819 Revised August, 30, 2013 1 2 3 4 013513-7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 EXHIBIT B FORT WORTH Date: DOE NO. XXXX Project Name: NOTICE OF TEMPORARY WATER SERVICE INITERRUPTIONI DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ,CONTRACTOR CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised August, 30, 2013 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City's document management system, or another form of distribution approved by the City. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised March 20, 2020 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE Removed reference to Buzzsaw and noted that electronic submittals be uploaded 03/20/2020 D.V. Magana through the City's document management system. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised March 20, 2020 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised JULY 1, 2011 015000-2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 c. Coordination 1) Contact City 1 week before water for construction is desired d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off -site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised JULY 1, 2011 015000-3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on -call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE -INSTALLATION 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised JULY 1, 2011 015000-4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised JULY 1, 2011 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Paget of 3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 34 71 13 — Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised July 1, 2011 015526-2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. 1) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised July 1, 2011 015526-3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised July 1, 2011 0157 13- 1 DAP STORM WATER POLLUTION PREVENTION Paget of 3 SECTION 015713 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 3125 00 — Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 3125 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised July 1, 2011 015713-2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 3926088. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS 1. Submit in accordance with Section 0133 00, except as stated herein. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised July 1, 2011 015713-3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 0133 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING ]NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised July 1, 2011 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 SECTION 0160 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City's website at: httiDs:Havvs.fortworthtexas.2ov/ProiectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. C. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. D. See Section 0133 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised March 20, 2020 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City's Standard Product List 4/7/2014 M.Domenech Revised for DAP application Removed reference to Buzzsaw and noted that the City approved products list is 03/20/2020 D.V. Magana accessible through the City's website. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised March 20, 2020 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 3 SECTION 0166 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN. 103819 Revised April 7, 2014 016600-2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 3 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. 5. Provide off -site storage and protection when on -site storage is not adequate. a. Provide addresses of and access to off -site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers' unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AW RDED PROJECTS CPN: 103819 Revised April 7, 2014 016600-3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 3 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non -Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised April 7, 2014 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 SECTION 0170 00 MOBILIZATION AND REMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 017000-2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 b) Stand-by or idle time c) Lost profits Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 017000-3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 price per each "Specified Remobilization" in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section I.I.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 017000-4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 017123-1 CONSTRUCTION STAKING AND SURVEY Page 1 of 8 SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for construction staking and construction survey B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Construction Staking a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "Construction Staking". 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following: 1) Verification of control data provided by City. 2) Placement, maintenance and replacement of required stakes and markings in the field. 3) Preparation and submittal of construction staking documentation in the form of "cut sheets" using the City's standard template. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. As -Built Survey a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "As -Built Survey". CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place - Phase II - Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN.• 103819 Revised February 14, 2018 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following:: 1) Field measurements and survey shots to identify location of completed facilities. 2) Documentation and submittal of as -built survey data onto contractor redline plans and digital survey files. 1.3 REFERENCES A. Definitions 1. Construction Survey - The survey measurements made prior to or while construction is in progress to control elevation, horizontal position, dimensions and configuration of structures/improvements included in the Project Drawings. 2. As -built Survey —The measurements made after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Stakina — The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings. Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. Survey "Field Checks" — Measurements made after construction staking is completed and before construction work begins to ensure that structures marked on the ground are accurately located per Project Drawings. B. Technical References 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw website) — 01 71 23.16.01— Attachment A —Survey Staking Standards 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available on City's Buzzsaw website). 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land Surveying in the State of Texas, Category 5 1.4 ADMINISTRATIVE REQUIREMENTS A. The Contractor's selection of a surveyor must comply with Texas Government Code 2254 (qualifications based selection) for this project. 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 01 33 00. B. All submittals shall be received and reviewed by the City prior to delivery of work. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Field Quality Control Submittals CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place - Phase II - Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN.• 103819 Revised February 14, 2018 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1. Documentation verifying accuracy of field engineering work, including coordinate conversions if plans do not indicate grid or ground coordinates. 2. Submit "Cut -Sheets" conforming to the standard template provided by the City (refer to 01 71 23.16.01 —Attachment A — Survey Staking Standards). 1.7 CLOSEOUT SUBMITTALS B. As -built Redline Drawing Submittal 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of constructed improvements signed and sealed by Registered Professional Land Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards) . 2. Contractor shall submit the proposed as -built and completed redline drawing submittal one (1) week prior to scheduling the project final inspection for City review and comment. Revisions, if necessary, shall be made to the as -built redline drawings and resubmitted to the City prior to scheduling the construction final inspection. 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the Contractor. 2. Coordination a. Contact City's Project Representative at least one week in advance notifying the City of when Construction Staking is scheduled. b. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes. If City surveyors are required to re -stake for any reason, the Contractor will be responsible for costs to perform staking. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed disturbed or omitted that the contracted Work cannot take place then the Contractor will be required to stake or re -stake the deficient areas. B. Construction Survey 1. Construction Survey will be performed by the Contractor. 2. Coordination a. Contractor to verify that horizontal and vertical control data established in the design survey and required for construction survey is available and in place. General a. Construction survey will be performed in order to construct the work shown on the Construction Drawings and specified in the Contract Documents. b. For construction methods other than open cut, the Contractor shall perform construction survey and verify control data including, but not limited to, the following: 1) Verification that established benchmarks and control are accurate. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place - Phase II - Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN.• 103819 Revised February 14, 2018 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 2) Use of Benchmarks to furnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Submit to the City copies of field notesused to establish all lines and grades, if requested, and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City, if requested, to verify the guidance system and the line and grade of the carrier pipe. 6) The Contractor remains fully responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct the installation in accordance with the Contract Documents. C. As -Built Survey 1. Required As -Built Survey will be performed by the Contractor. 2. Coordination a. Contractor is to coordinate with City to confirm which features require as - built surveying. b. It is the Contractor's responsibility to coordinate the as -built survey and required measurements for items that are to be buried such that construction activities are not delayed or negatively impacted. c. For sewer mains and water mains 12" and under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as -built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. 3. General a. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features during the progress of the construction including the following: 1) W ter Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 250 linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub -outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non -gravity facilities) at the following locations: (1) Minimum every 250 linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater — Not Applicable CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place - Phase II - Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN.• 103819 Revised February 14, 2018 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 b. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) W ter Lines a) Cathodic protection test stations b) Sampling stations c) Meter boxes/vaults (All sizes) d) Fire hydrants e) Valves (gate, butterfly, etc.) f) Air Release valves (Manhole rim and vent pipe) g) Blow off valves (Manhole rim and valve lid) h) Pressure plane valves i) Underground Vaults (1) Rim and flowline elevations and coordinates for each Underground Vault. 3) Sanitary Sewer a) Cleanouts (1) Rim and flowline elevations and coordinates for each b) Manholes and Junction Structures (1) Rim and flowline elevations and coordinates for each manhole and junction structure. 4) Stormwater — Not Applicable 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY PART2- PRODUCTS A. A construction survey will produce, but will not be limited to: 1. Recovery of relevant control points, points of curvature and points of intersection. 2. Establish temporary horizontal and vertical control elevations (benchmarks) sufficiently permanent and located in a manner to be used throughout construction. 3. The location of planned facilities, easements and improvements. a. Establishing final line and grade stakes for piers, floors, grade beams, parking areas, utilities, streets, highways, tunnels, and other construction. b. A record of revisions or corrections noted in an orderly manner for reference. c. A drawing, when required by the client, indicating the horizontal and vertical location of facilities, easements and improvements, as built. 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all construction staking projects. These cut sheets shall be on the standard city template which can be obtained from the Survey Superintendent (817-392-7925). 5. Digital survey files in the following formats shall be acceptable: a. AutoCAD (.dwg) b. ESRI Shapefile (.shp) CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place - Phase II - Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN.• 103819 Revised February 14, 2018 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use standard templates, if available) 6. Survey files shall include vertical and horizontal data tied to original project control and benchmarks, and shall include feature descriptions PART 3 - EXECUTION UFMQK11K1gN011XI A. Tolerances: The staked location of any improvement or facility should be as accurate as practical and necessary. The degree of precision required is dependent on many factors all of which must remain judgmental. The tolerances listed hereafter are based on generalities and, under certain circumstances, shall yield to specific requirements. The surveyor shall assess any situation by review of the overall plans and through consultation with responsible parties as to the need for specific tolerances. a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical tolerance. Horizontal alignment for earthwork and rough cut should not exceed 1.0 ft. tolerance. b. Horizontal alignment on a structure shall be within .0.1 ft tolerance. c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and walkways shall be located within the confines of the site boundaries and, occasionally, along a boundary or any other restrictive line. Away from any restrictive line, these facilities should be staked with an accuracy producing no more than 0.05ft. tolerance from their specified locations. d. Underground and overhead utilities, such as sewers, gas, water, telephone and electric lines, shall be located horizontally within their prescribed areas or easements. Within assigned areas, these utilities should be staked with an accuracy producing no more than 0.1 ft tolerance from a specified location. e. The accuracy required for the vertical location of utilities varies widely. Many underground utilities require only a minimum cover and a tolerance of 0.1 ft. should be maintained. Underground and overhead utilities on planned profile, but not depending on gravity flow for performance, should not exceed 0.1 ft. tolerance. B. Surveying instruments shall be kept in close adjustment according to manufacturer's specifications or in compliance to standards. The City reserves the right to request a calibration report at any time and recommends regular maintenance schedule be performed by a certified technician every 6 months. 1. Field measurements of angles and distances shall be done in such fashion as to satisfy the closures and tolerances expressed in Part 3.1.A. 2. Vertical locations shall be established from a pre -established benchmark and checked by closing to a different bench mark on the same datum. 3. Construction survey field work shall correspond to the client's plans. Irregularities or conflicts found shall be reported promptly to the City. 4. Revisions, corrections and other pertinent data shall be logged for future reference. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place - Phase II - Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN.• 103819 Revised February 14, 2018 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION A. If the Contractor's work damages or destroys one or more of the control monuments/points set by the City, the monuments shall be adequately referenced for expedient restoration. 1. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. a. Contractor shall perform replacements and/or restorations. b. The City may require at any time a survey "Field Check" of any monument or benchmarks that are set be verified by the City surveyors before further associated work can move forward. 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. It is the Contractor's responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. This includes easements and right of way, if noted on the plans. B. Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP A. Survey Checks 1. The City reserves the right to perform a Survey Check at any time deemed necessary. 2. Checks by City personnel or 3' party contracted surveyor are not intended to relieve the contractor of his/her responsibility for accuracy. 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place - Phase II - Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 103819 Revised February 14, 2018 017123-8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson Added instruction and modified measurement & payment under 1.2; added 8/31/2017 M. Owen definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 — PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. Removed "blue text'; revised measurement and payment sections for Construction Staking and As -Built Survey; added reference to selection compliance with TGC 2/14/2018 M Owen 2254; revised action and Closeout submittal requirements; added acceptable depth measurement criteria; revised list of items requiring as -built survey "during" and "after" construction; and revised acceptable digital survey file format CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place - Phase II - Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 103819 Revised February 14, 2018 SECTION 0174 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 017423-1 DAP CLEANING Page 1 of 4 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 017423-2 DAP CLEANING Page 2 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2-PRODUCTS 2.1 OWNER -FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised April 7, 2014 01 74 23 - 3 DAP CLEANING Page 3 of 4 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on -site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re -seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised April 7, 2014 01 74 23 - 4 DAP CLEANING Page 4 of 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 017719-1 DAP CLOSEOUT REQUIREMENTS Paget of 3 SECTION 01 7719 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. I&-ILI" 1.3U 1101►R 1ki A. Submit all required documentation to City's Project Representative. 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 0178 39 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels It. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 017719-3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised April 7, 2014 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 SECTION 0178 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 0133 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 '/z inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 c. Text: Manufacturer's printed data, or neatly typewritten d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. f. Provide fly -leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. g. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut -down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 —title of section removed 4/7/2014 M.Domenech Revised for DAP Application CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 017839-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 SECTION 0178 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 017839-2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2-PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AW RDED PROJECTS CPN: 103819 Revised April 7, 2014 017839-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised April 7, 2014 017839-4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103819 Revised April 7, 2014 AIA Document A1020 - 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the 18th day of April in the year 2023 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) This document has important McCormack Baron Salazar Development, Inc. legal consequences. Consultation c/o McCormack Baron Salazar, In with an attorney 100 N. Broadway. Suite 100 is encouraged with respect to St. Louis, MO 63102 its completion or modification and the Contractor: (Name, legal status, address and other information) Block WT Huehes House GC Joint Venture c/o Block Builders, LLC Attn: Jason Keller 39279 Tommv Moore Gonzales, Louisiana 70737 for the following Project: (Name, location and detailed description) Huehes House Phase I Publifflmorovements: Wet Utilities The Huehes House Phase I wet utilities public improvements project consists of all public improvements work with respect to domestic water and fire water, sanitary sewers and storm water systems in connection with the 162-unit multifamilv housine development on two blocks (Blocks A and B) bordered by East Rosedale Street to Avenue G and from Laneston Street to one block east of Amanda Avenue in Fort Worth (the "Proiect Site" or "Site"). T}ki;JiLoiect will seek 2020 Enterprise Green Communitv certification. The ^ r�Eneineer: (Name, legal status, address and other information) Kimlev-Horn and Associates, Inc. 801 Cherry Street, Suite 1300, Unit 11 Fort Worth, Texas 76102 The Owner and Contractor agree as follows. The parties should complete A102TM-2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201 TM-2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. AIA Document A102 — 2017. Copyright© 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time t use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 RELATIONSHIP OF THE PARTIES 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 5 CONTRACT SUM 6 CHANGES IN THE WORK 7 COSTS TO BE REIMBURSED 8 COSTS NOT TO BE REIMBURSED 9 DISCOUNTS, REBATES AND REFUNDS 10 SUBCONTRACTS AND OTHER AGREEMENTS 11 ACCOUNTING RECORDS 12 PAYMENTS 13 DISPUTE RESOLUTION 14 TERMINATION OR SUSPENSION 15 MISCELLANEOUS PROVISIONS 16 ENUMERATION OF ACONTRACT DOCUMENTS €XHIBITr mMlNC€-/tNv-P�:Dv ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this n g nr Conditions of the Contr et (GcnwrW., S ,.�elo .Mary and Eenditiona), Dr �a' 4, other documents listed in this Agr-eeffient Emd N4adifieafiens issued after- exeetifien of this Agreement, all of whieh form the Gentraet, and - as fully a pa# of the Goatfaet as if attaehed to this Agfeemen4 or repeated her-ein. The Gentfaet represents the eafiFe and integra4ed agreement between the pafties hefete and supersedes prior- negotiations, fepfesen4mioas, or- agreements, e tl.e.... fit4en e or -al. if aR 4h ng ;n t1 e otl,e.. Gant.-eet Deeti ents, erl,9.r ti;R6_'_ 0 Redifi mien, ; ineensistent with this n, ee enr, this gFeeffi-im rkal govem. An e e.-,.r;en of the rent, -.,et D,.,...,.,enrs, oth-c tkar. a N4a appeafs in n..rk e ' .Documents, the Agreement and the Contract are each defined in Section 1.1 of the General Conditions of the Contract for Construction. AIA Document A201-2017. as modified by the Darties (the "General Conditions"). Contractor represents that the Contractor has fully reviewed the Contract Documents and agrees that the Contract Documents describe, to the best of Contractor's knowledge, the work necessary to furnish and Drovide (and that Contractor will furnish and Drovide) a fullv functioning Proiect with this Agreement: Drovided, however. Owner acknowledges that Contractor's representation in this regard is made in its capacity as a contractor and not a design professional. except as otherwise Drovided in the Contract Documents (including_ . without limitation. with res_Dect to the Desian/Build Work pursuant to Section 1.1.3.2 of the General Conditions). Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 2 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the entire Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. See also Section 1.1.3 of the General Conditions. ARTICLE 3 RELATIONSHIP OF THE PARTIES The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the ^ r�Eneineer and exercise the Contractor's best effort, skill and judgment all in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish and approve, in the times reauired by this Contract, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. See also Article 2 of the General Conditions. ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 4.1 The date ,.F,,,.mm eneement "date of commencement" of the Work shall be: (Check one of the following boxes) [ ] The date of this Agreement. [ X ] A date Mixed in a notice to proceed issued by t the Owner (the "Notice to Proceed'). Contractor shall thereafter continuously and diligently perform and prosecute such Work to completion, subject onlv to Excused Delays (as defined in Section 15.1.6.3 of the General Conditions). Notwithstanding the foregoing, the date of commencement shall not precede the Citv's reauired preconstruction meeting with Contractor related to the Work. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) if a date of eeffineneeme-nt of 4he-1V�-k- ig sat seleeted, tken the—dateof ,.,,,,,.,,eneeffleat shall be the date f this n g ePA.N/A § 4.2 The Ge t. aet Time shall be fneasufed f ,.m the date of ee ff ffne ,.ome fft of the 3x1,.. k "Contract Time" shall be the number of days (or portions thereof) between the date of commencement (as defined in Section 4.1 above) and the Substantial Completion Date and Final Completion Date (as applicable). § 4.3 Substantial Completion § 4.3.1 Subjeet to adjustments of the Centraet Time as pr-evided in the Centfaet DeeHfflefl4S, the CEffitfaetef Shall aehie-vc G Ixi- twbial. Completion f the entire Wed- ] Fiat later tlian ealeadaf days ffem Contractor shall achieve Substantial Completion (as defined in Section 9.8.1 of the General Conditions) of the entire Work not later than the date that is one hundred twentv-four (124) calendar days after the date of commencement of the work. [ ] By the f '��te: Work (the "Substantial Completion Date"), subject only to Excused Delays. In addition, Contractor shall achieve Final Completion (as defined in Section 9.10.1 of the General Conditions) not later than the date that is thirtv (30) calendar days after the Substantial Completion Date (the "Final Completion Date"), subject only to Excused Delays. § 4.3.2 Stibjeet to adjustments of the Gea4raet Time as provided in the Goatfaet Deediffie , ' If portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates:dates, subject to Excused Delays: Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 3 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time t use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) Portion Phase of Work Substantial Completion Date § 4.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 4.3, liquidated damages, if any, shall be assessed as set forth in Section 5.1.6. ARTICLE 5 CONTRACT SUM § 5.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The ."Contract Sum" is the Cost of the Work, as defined in Article 7 below, Dlus the Contractor's Fee, as defined in Section 5.1.1 below. § 5.1.1 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work, or other provision for determining the Contractor's Fee) The "Contractor's Fee" shall be a fixed, lump sum amount of One Hundred Thirtv-One Thousand Nine Hundred Ninetv-Eight and 81/100 Dollars ($131,998.81) which will not be reduced (or increased) regardless of the actual Cost of the Work and subject to the Can on the Contractor's Markup (as defined in Section 5.1.1.1 below), which may be adjusted by Change Order. The Contractor's Fee shall be Contractor's sole and exclusive compensation for all costs described as Non -Allowable Costs of the Work in Article 8 hereof, and is inclusive of all overhead and Drofit arising out of or relating to Contractor's Work. § 5.1.1.1 Notwithstanding anything to the contrary in the Contract Documents, in no event shall the sum of (i) Contractor's general conditions, general requirements and/or any other general or similar expenses and (ii) Contractor's overhead and profit (items (j) and (ii) being referred to collectively herein as the "Contractor's Markup"), as a percentage of the Contract Sum, be greater than fourteen percent (14%) at the time of commencement of the Work and with respect to any Change Order. The product of (a) 14% and (b) the Contract Sum shall be referred to herein as the "Cap on the Contractor's Markup." To the extent the Contractor's Markup at the time of commencement of Work, or with respect to any Change Order, exceeds the Cap on the Contractor's Markup, the Contractor agrees that the Contractor's Markup shall be reduced such that the Cap on the Contractor's Markup is not exceeded. § 5.1.2 The method of adjustment of the Contractor's Fee for changes in the Work: In accordance with Section 7.3.3.4 of the General Conditions. The Darties agree that, subject to the CaD on Contractor's Markup, the unit prices set forth in the Contract Documents, include all markups of anv kind by Contractor and its Subcontractors, including, without limitation. Drofit, overhead, general reauirements, general conditions and insurance costs related thereto, and neither Contractor nor anv Subcontractor shall be entitled to anv markup in addition to the foregoing. § 5.1.3 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: In accordance with Section 7.3.3.4 of the General Conditions. § 5.1.4 Rental rates for Contractor -owned equipment shall not exceed per -cent ( 0%) oorthe standard rental -rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price Per Unit ($0.00) See Exhibit A-1 § 5.1.6 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any) Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 4 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time t use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) Contractor acknowledges and agrees that timely completion of the Work is the essence of the Contract Documents. Specifically, Contractor acknowledges that Owner will incur substantial damages if Contractor does not achieve Substantial Completion of the entire Work by the Substantial Completion Date as identified Section 4.3.1 above and/or Final Completion by the Final Completion Date. Among other things, Contractor acknowledges that in such event Owner will incur additional costs (including, without limitation, additional financing costs), may be required to pay additional amounts to the Engineer, other consultants and Owner's own personnel for assistance on the Project, and will suffer actual economic loss in the form of lost revenues, reduced equity, and increased operations costs that will not be recoverable by offsetting revenues from the Project's income because the entire Work is not Substantially Complete by the Substantial Completion Date and/or Finally CoWlete by the Final Completion Date. Because the exact amount of these damages cannot be readily ascertained as of the date of this Agreement, and because both Owner and Contractor desire certainty with respect to their rights and obligations in the event that the entire Work is not Substantially Complete by the Substantial Completion Date and/or Finally Complete by the Final Completion Date, the parties agree that if Contractor fails to achieve Substantial Completion of the entire Work by the Substantial Completion Date and/or Final Completion by the Final Completion Date, Contractor shall pay Owner the following amounts, as agreed and liquidated damages (and not as a penalty)), which shall be cumulative and have been based on a reasonable approximation of Owner's damages in the event of such a failure by Contractor: (1) One Thousand Two Hundred Fifty and No/100 Dollars ($1,250.00) per each calendar day that the entire Work is not Substantially Complete by the Substantial Completion Date as identified Section 4.3.1 above, beginning with the Substantial Completion Date and continuing through the date that is thirty (30) calendar days following the Substantial Completion Date or the date upon which Contractor achieves Substantial Completion of the entire Work (whichever occurs first), subject only to Excused Delays, (2) One Thousand Eight Hundred and No/100 Dollars ($1,800.00) per each calendar day that the entire Work is not Substantially Complete by the Substantial Completion Date as identified Section 4.3.1 above, beginning with the date that is thirty-one (31) calendar days after the Substantial Completion Date and continuingthrough hrough the date that is sixty (60) calendar days following the Substantial Completion Date or the date upon which Contractor achieves Substantial Completion of the entire Work (whichever occurs first), subject only to Excused Delays; (3) Two Thousand Five Hundred and No/100 Dollars ($2,500.00)_ per each calendar day that the entire Work is not Substantially Complete by the Substantial Completion Date as identified Section 4.3.1 above, be ig nning with the date that is sixty-one (61) calendar days after the Substantial Completion Date and continuing through the date by which Contractor achieves Substantial Completion of the entire Work, subject only to Excused Delays; and (4) Five Hundred and No/100 Dollars ($500.00) for each calendar day that the Work is not Finally Complete, beginning with the Final Completion Date set forth in Section 4.3.1 above and continuingthrough hrough the date when Contractor achieves Final Completion of the Work, subject only to Excused Delays. Owner agrees that the liquidated damages set forth in this Section 5.1.6 shall be the sole and exclusive damages recoverable by Owner as a result of Contractor's failure to achieve Substantial Completion of the entire Work by the Substantial Completion Date as identified Section 4.3.1 above and/or Final Completion by the Final Completion Date. However, Contractor acknowledges and agrees that the liquidated damages set forth herein apply only to damages resulting from Contractor's failure to achieve Substantial Completion of the entire Work by the Substantial Completion Date and/or Final Completion by the Final Completion Date, and that such liquidated damages do not limit or preclude Owner from recovery of any other damages of any kind, type or nature to the extent they result from any other breach of contract, negligence or other action or omission of Contractor or its Subcontractors, including, but not limited to, any defective, substandard or deficient construction. In addition, Contractor agrees that Owner's exercise of its option under the Contract Documents to use anyportion of the Work or Project prior to Substantial Completion or Final Completion, shall not toll, waive or diminish in any way the liquidated damages for which Contractor is responsible under this Section 5.1.6 for failure to achieve Substantial Completion of the entire Work by the Substantial Completion Date and/or Final Completion by the Final Completion Date. Contractor agrees that the exact amount of Owner's damages due to Contractor's failure to achieve Substantial Completion of the entire Work by the Substantial Completion Date and/or Final Completion by the Final Completion Date are not readily ascertainable, that Contractor has generally reviewed with Owner the nature and extent of the anticipated actual damages that Owner may or will incur should Contractor fail to perform its obligations under the Contract Documents with respect to achieving Substantial Completion of the entire Work by the Substantial Completion Date and/or Final Completion by the Final Completion Date, and that therefore the amounts established herein as liquidated damages constitute an agreed, fair and reasonable estimate of such damages, and are not a penalty. The liquidated damages set forth in this Section 5.1.6 shall survive termination of the Contract. § 5.1.7 Other: (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum) Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) If the actual Cost of the Work plus the Contractor's Fee is less than the GMP as set forth above, then, subiect to this Section 5.1.7, all such savings shall be retained by (or returned to, as apvlicable) the Owner. Contractor shall deliver to Owner within one hundred eighty (180) days of the commencement of construction, and every ninety (90) days thereafter, an accounting showing any and all savings inuring to Owner's benefit (subiect to this Section 5.1.7) in a separate line item described as "Unallocated Costs." The savings shall be calculated with respect to the entire Work and not with resvect to individual items of cost in the schedule of values. Contractor shall maintain a buy-out log and shall furnish an undated version of such log to Owner together with each Unallocated Costs accounting report described above (such reports are collectively the "Unallocated Costs Report"). Owner, in its discretion, may at any time: (i) use the Unallocated Costs to van for Work performed by Contractor pursuant to dulv executed Change Orders and/or CCDs, which use shall be in place of the increase in the GMP to which Contractor would otherwise be entitled pursuant to the Contract Documents on account of such Change Orders and/or CCDs, and/or (ii) direct, pursuant to a CCD, that the GMP be reduced by the amount of such Unallocated Savings. With each such accounting_ , Contractor shall also deliver to Owner and Engineer for review and approval an adiusted schedule of values. Notwithstanding the foregoing, no earlier than (a) one hundred eighty (180) days after the commencement of the Work and (b) delivery to Owner of the first Unallocated Costs Report, to the extent any Unallocated Costs have accrued, subiect to the Drior written aDDroval of Owner (such aDDroval not to be unreasonably withheld or delayed), the terms of the Contract Documents, and the limitations contained in this Section 5.1.7, Contractor shall be entitled to allocate from and aDDly the Unallocated Costs (if any) for the following, and no other. Durposes relating to the Work: unanticipated costs caused by changes in the local market, labor or material conditions due to market disruptions that could not have been reasonably foreseen by Contractor (including any events of force maieure): Drovided. however, Contractor may not aDDly, use or allocate from the Unallocated Costs any amounts for any of the foregoing Durooses which are the result of, relate to, or arise from any negligence, willful misconduct, fraud, material breach or material failure to Derform, by Contractor or any Subcontractor. Contractor's sole and complete recovery for any costs or expenses not otherwise included in the Cost of the Work or Contractor's Fee shall be such funds as are actually available from the Unallocated Costs Dursuant to this Section 5.1.7. Upon 75% comDletion of the entire Work required by the Contract Documents, Contractor's entitlement to allocate from and aDDly the Unallocated Costs (if any) against the allowable costs set forth in this Section 5.1.7 (or otherwise) shall be closed and all remaining savings (if any) Dlus any future savings incurred after such date shall be retained by (or returned to, as aDDlicable) Owner and Contractor shall have no further right to Davment for the items referenced in this Section 5.1.7, but shall incur and Day for all such costs and expenses without reimbursement from Owner or any increase in the GMP. To request the use of the Unallocated Costs, Contractor shall submit a Change Order reauest to Owner setting forth in reasonable detail why the allocation is requested, and each use of the Unallocated Costs by Contractor with Owner's aD@roval shall be reflected (with a narrative explanation in writing) on the respective ApDlication for Payment for the Deriod during which Contractor makes such use. Costs for which the Unallocated Costs are used shall be considered a Cost of the Work. § 5.2 Guaranteed Maximum Price § 5.2.1 T4irExcept and only for any increase exDressly Dermitted by the terms of the Contract, the Contract Sum is guaranteed by the Contractor not to exceed (One Million Nine Hundred Eighteen Thousand One Hundred Forty and 54/100 Dollars (S 1,918,140.54 ), subject to additions and deductions by Change Order as provided in the Contract Documents. This -Such maximum sum is referred to in the Contract Documents as the d Nlw imum "Guaranteed Maximum Price" or "GMP." Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. The Contractor shall receive no compensation in excess of the GMP for any costs incurred by the Contractor in repairing or correcting, or supervising the correction or repair, of defective or non -conforming Work performed or suD@lied by any Subcontractor or any other Derson or entity emDloved by or under contract with or on behalf of or under the supervision of the Contractor, regardless of whether or not such defective or non -conforming Work resulted from the fault or neglect of the Contractor or the Contractor's Dersonnel, and the Contractor's sole remedy with respect to the recovery of any such costs in excess of the GMP shall be whatever remedies are contained in the Contractor's agreements with its Subcontractors and other persons or entities Drovidine Work on the Proiect. § 5.2.2 Alternates § 5.2.2.1 Altefna4es, if any, ineluded in the G.... fantooa "fa �t tumor Prija The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. s This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) Item Price N/A § 5.2.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate) Item N/A Price Conditions for Acceptance § 5.2.3 Allowances, if any, included in the Guaranteed Maximum Price: (Identify each allowance) Item Price As set forth in Exhibit A. if anv. § 5.2.4 A3mn1tzans-,-Assumvtions and Clarifications, if any, upon which the Guaranteed Maximum Price is based: (Identify each assumption.) As set forth in Exhibit B § 5.2.5 To the extent that the Cont.aet D,.e , Lxit are an artiea to require fimt er development, the r_,,.,,.antee N'aii'm&m 116ce and s ,rxVif in er-able then-ef;f am. Sueh fui4 e does not ineluQe elianges in seepe, systems, kinds an if ontractor agrees that anv later description, development and/or refinement of the design for the Proiect shall entitle Contractor to compensation in addition to the GMP only if. (1) such later description involves work of a materially different nature, character, scope or cost (other than refinement) than that set forth in or reasonablv inferable from the Contract Documents in existence as of the date of the Agreement, and (2) the Owner has authorized the Contractor to proceed with such work in advance and in writing in a Change Order or CCD. § 5.2.6 The Ow or jhz&"-th riza ,...o,..,ratio of revisions to the Contract Tl,,,.ume +s 4tat :, rate the agreed xpon av,/xa�iom oontainea i Section 5.2.4. The Ow or anal rr amptly fu Mau l revised Contact Documents tear. _ ko mar wall notiify the Owner and Architect of any inconsistencies between agreed upon oontained in Section c 2 n and the revisedContact r,,,,.ume ntentionally Deleted. ARTICLE 6 CHANGES IN THE WORK § 6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Ai4iele 7 efAIA PeeumepA A2011M 2017, General Coaditiens of the Gentmet for Geastraefien. Section 7.3.3 of the General Conditions. § 6.2 Adjustments +,..,,,Lean.... ets awafded n the basis of ., stip l.,+-.,d mom cyv).l bo datef m ine ; ,...,1. nee with A f A 1 1'7 n n "fee," A '7Vv �isle��z'LAn'zA�as-tl�e�e€er to cast—a��ee, and 5 In calculating adiustments to subcontracts (except those awarded with Owner's prior written consent on the basis of cost Dlus a fee), the terms "cost" and "fee" as used in Section 7.3.3 of the General Conditions and the term "costs" as used in Section 7.3.7 of the General Conditions shall have the meanings assigned to them in the General Conditions and shall not be modified by Articles 5. 7 or 8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. For the avoidance of doubt, no cost plus a fee subcontracts shall be awarded without Owner's Drior written consent. § 6.3 in lxt � f!1te the SsTics�ar Pt� tic✓% "eemtl' �� d "casts , used :, A .dell 7 of AIA Peeumen4 A2Vz-�`017-� ;ke)l 17_-mr- the ( est of the A7[ edE as defined A,-tiele 7 of this Agreement and the +o..m "fee" shall mean the Gent ..,,ear's Foe as defined i See on 5.1.1 6 f'thi. A g -eefnententionally Deleted. § 6.4 ifne eeifi pfevisien is made i A r-tiele 5 for- ..,1;,...+ment 4+> o Ge fftn tGe'C Fae in the ease f, ha -ages i the War , ;f the extent ef suesueh ,.Langes i oh, its 1t c aggregate, that . rliea4ie of the adjustment pr-evisions of A.4r:m l-km cc l,o r,...tnzztz -'G Fee shall be a „tably adjust Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 7 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) •vr, e s a kwii that was used to `GVifA tho Fath@ originWork, and the r_,,., -antee T f=irnum Nise shall be adjusted ^ efdin--'�.Intentionally Deleted. ARTICLE 7 COSTS TO BE REIMBURSED § 7.1 Cost of the Work § 7.1.1 The term Cost "Cost of the �x�Work" shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. The Cost of the Work shall include only the items set forth in this Article 7. § 7.1.2 Ahav, purzuaa * Deett efits, Where any cost is subject to the Owner's prior approval, consent or authorization (which shall not be unreasonablv withheld), the Contractor shall obtain such approval in writing prior to incurring the cost. Contractor shall endeavor to identifv anv such costs Drior to executing this Agreement. § 7.1.3 Costs shall be at rates not higher than the standard paid at the place of the Project, except with prior approval of the Owner. § 7.2 Labor Costs § 7.2.1 Wages ^r salaries of construction workers directly employed by the Contractor to perform the construction of the Work at the site-Proiect Site or, with the Owner's prior approval, at off -site workshops. § 7.2.2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site Project Site and performing Work, with the Owner's prior approval. § 7.2.2.1 Wages or salaries of the er-'s r��a ,izor,=a ���i���v: ^ per-seffaelwhea peff fining Work an sta4ioned a4 a laea ) other- than the site, certain personnel stationed at Contractor's principal or other offices other than the Project Site, but only for that portion of time required for the Work, and limited to the personnel and activities listed below: (Identify the personnel, type of activity and, if applicable, any agreed upon percentage of time to be devoted to the Work.) N/A § 7.2.3 Wages or salaries of the Contractor's supervisory or administrative personnel engaged at factories, workshops or while traveling, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 7.2.4 Costs paid or incurred by the Contractor, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments, and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3. § 7.2.5 If agreed -rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain unchanged throughout the duration of this Agreement, unless the parties execute a Modification. § 7.3 Subcontract Costs Payments made by the Contractor to Subcontractors pursuant to subcontracts entered into for the performance of Work on the Project and in accordance with the requirements of the subcontracts and this contract. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the s4e; Proiect Site, of materials and equipment incorporated, or to be incorporated, in the completed ^e~rconstruction and/or the Project. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Contractor. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time t use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site—Proiect Site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment, and tools, that are not fully consumed, shall be based on the cost or value of the item at the time it is first used on the Project site -Site less the value of the item when it is no longer used at the Project sit —Site. Costs for items not fully consumed by the Contractor shall mean fair market value. § 7.5.2 Rental charges for temporary F w'eTfacilities (including Contractor's on -site office trailer), machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Contractor at the site, Project Site, and the costs of transportation, installation, dismantling, minor repairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rates and quantities of equipment owned by the Contractor, or a related party as defined in Section 7.8, shall be subject to the Owner's prior approval. The total rental cost of any such equipment may not exceed the purchase price of any comparable item. § 7.5.3 Costs of removal of debris from the site-Proiect Site of the Work and its proper and legal disposal. § 7.5.4 Costs of the Contractor's site ^FF^o inel„dir- gNuNrd ^ffi^e equipment and supplies. -document reproductions (including Drawings and Specifications), facsimile transmissions and lone -distance telephone calls, postage and parcel delivery charges, telephone service at the Project Site and reasonable petty cash expenses of the Project Site office. § 7.5.5 Costs of materials and equipment suitably stored off the site-Proiect Site at a mutually acceptable location, subject to the Owner's prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 7.6.1.1 Costs for self-insurance, for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Contractor, with the Owner's prior approval. § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which the Contractor is liable. § 7.6.3 Fees and assessments for the building pxcxit, wit .` all reauired demolition, excavation, grading and other permits, licenses, and inspections necessary to perform the Work in accordance with applicable Laws and this Contract, for which the Contractor is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA n Pe ... ent n 2n1 2017 the General Conditions or by other provisions of the Contract Documents, and which do not fall within the scope of Section ''�7.7.3 and are not otherwise excluded by the provisions of the Contract. § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Contractor resulting from such suits or claims, and payments of settlements made with the Owner's consent, tm ens the Contractor had reason to o* v»,4 iriF ' filed to p pt1., _uwiz4-,- a -_A inn .mation to the n,-ehitee a'6 7i4ut:ad by Attiele 3 of AIA n ri,.,.,,me fft A 201 2n1 � consent: provided, however, such costs of legal defenses, judgments, and settlements, shall not be included in the Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 9 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) Cost of the Work used to calc 1^ for the Duroose of calculatine the Contractor's Fee or subject to the Guaranteed Maximum Price. If such rovalties, fees and costs are excluded by Section 3.17 of the General Conditions or other provisions of the Contract Documents, then thev shall not be included in the Cost of the Work. § 7.6.6 Costs for ^ ea4ia s setwiees, e1 eetr^ai^ e t, electronic eauipment and software, directly related to the Work and located at the s4L—,Proiect Site, with the Owner's prior approval. § 7.6.7 Costs of dae men4 ro eduetieas and dcliv^�- .Intentionally Deleted. § 7.6.8 Deposits lost for causes other than the Contractor's or anv Subcontractor's fault, negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Legal, n}eukatd/oxot wAd arbitration easts, ifieluding a4temeys' fees, athef than these afising ffam disputes off fm^n^o of the We -v and with the Owner's pfief appfeval, whieh shall tgotta Lxntie.,s,.n,.i.i., withht4 .Intentionally Deleted. § 7.6.10 Expenses incurred in accordance with the Contractor's standard written personnel policy for relocation and temporary living allowances of the Contractor's personnel required for the Work, with the Owner's prior approval. § 7.6.11 That portion of the reasonable expenses of the Contractor's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Wer' (which ex_enses must be Dreviously approved in writine by Owner if thev shall exceed twenty-five (25) miles) in discharee of duties connected with the Work and actually Daid to the Contractor's personnel , includine monthlv livine ex_Dense and relocation costs of Contractor's Proiect Superintendent, subiect to the CaD on Contractor's Markup. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work, with and to the extent. approved in advance by the Owner in a Chance Order or CCD. § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of persons and property, as provided in Article 10 of AIA r.,.^,,, e t n 201 2017.the General Conditions. § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Con4ractor, Subcontractors, or sup^Contractor or its Subcontractors, provided that such damaged or nonconforming Work was not caused by the negligence of, or failure to fulfill a specific responsibility by, the Contractor, and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance, sureties, Subeentr utwo, a"Tw'-)i0ro, Subcontractors or others or otherwise excluded by the provisions of the Contract. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8, the term "relatedparty" shall mean -mean: (1) a parent, subsidiary, affiliate, or other entity having common ownership of —,or sag common management with the Contractor; (2) any entity in which any stockholder in, or management employee of, the Contractor holds an equity interest in excess of ten percent 10% in the aggregate; (3) any Derson or entity which has the right to control the business or affairs of the Contractor; or (4) any person, or any member of the immediate family of any pefse , who has the , igh4 to ee tf^1 the business ,. affairs of the Cenlraetor Derson identified in (1) - (3) above. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party, the Contractor shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Contractor shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article 10. If the Owner fails to authorize thetransaefien n Wig; transaction, the Contractor shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article 10. Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 10 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) ARTICLE 8 COSTS NOT TO BE REIMBURSED § 8.1 The Cost of the Work shall not include the items listed below --.below (each a "Non -Allowable Cost of the Work"): 1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site-Proiect Site office, except as specifically provided in Section '7rz�r be . idea i n t4iel i c;_ .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Contractor or paid to any Subcontractor or vendor, unless the Owner has provided prior approval; .3 Expenses of the Contractor's principal office and offices other than the site-efneeithe Proiect Site office, including, but not limited to, the costs of personnel stationed at such offices. .4 Overhead, eeneral conditions, profit and general expenses, except as may be expressly included in Article -7-,7 (subiect, however to the Cap on Contractor's Markup); .5 The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work; .6 €xeep ac r.ov ded . Seet on 7.7.3 of this gee or. ewes due to the fegli epee of-, Anv other provision notwithstanding, costs due to the fault, neeliQence, or failure to fulfill a specific responsibility of the Contract by, the Contractor, S..t., ePA-.,,.*,fs, and zu Wicxc, af anyone di feed. ,directly employed by affy of the or for whose acts any fthem may be liable; Subcontractors (of anv tier), or anv other person or entitv emploved by the Contactor or Subcontractors, or under contract with them or performing work on the Proiect on behalf of them or under their supervision, or for whose acts the Contractor or its Subcontractors may be liable, including, but not limited to, the costs of correcting damaeed, defective or non -conforming work, disposal and replacement of materials and eauipment incorrectly ordered or supplied, and making eood damage to property not formine part of the Work. The Contractor specifically acknowledges and aszrees that it shall receive no compensation, and the Cost of Work shall not include, anv costs incurred by the Contractor in repairine or correcting, or supervisine the correction or repair, of defective or non -conforming Work, performed or supplied by anv Subcontractor, or anv other person or entitv emploved by the Contractor, under contract with the Contractor, or performine Work on the Proiect on behalf of or under the supervision of the Contractor, reeardless of whether or not such defective or non-conformine Work resulted from the fault or neglect of the Contractor or the Contractor's personnel and that the Contractor's sole remedv with respect to the recovery of such costs shall be whatever remedies are contained in the Contractor's subcontract agreements with its Subcontractors providing Work on the Proiect: .7 Any cost not specifically and expressly described in Article 7; and .8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS § 9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; otherwise, cash discounts shall accrue to the rmer—Contractor, subiect to the Cap on Contractor's Markup. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be obtained. § 9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 9.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS § 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by appropriate agreements with the Contractor. The Owner may designate specific persons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors, including, without limitation, from suppliers of materials or equipment fabricated especially for the Wer4 who are qualified to pee f ...f "tT3trt/jn of the �otkh its aceardae with *' epAs of the C,..... aet Do-jum—,Wt. T''ke C&& e Work and shall deliver such bids to the ^ r-ehiteet and Owner Wilk ar. ixd; ewe w3lick 'bids theGepAr-aeterintends to aeeept. The Owner- then has the r4g1tt '.0 2Z 3ew the Grmtrabe'otr's kot o` Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 11 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) 10. 1. 1, to object to any subcontractor or supplier. Any advice of the Arehiteet, or approval or objection by the , shall not r-elieve the Gontfaeter of its responsibility to per -form the Work in aeeordafiee with the Gontfaet Deettffients-. Engineer and Owner. The Owner shall then determine, with the advice of the Contractor and the Engineer, which bids will be accented. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. § 10.1.1 to pefferrm thm pef ion of the �x7,•�r f4q and 3) �tw ml5trAi42d a JA t: 60fifoFms to the fe 0 effts of the Goat r Tl,.,.timents itL eut o e ,a4ieas of o epio2Z, but the n.. ne f o o that „the bid be aeeepted, the the knit tw. Priae by the d ffo,-o between the bid of the per -son or entity recommended to the Owner by the Contractor and the amoun4 of the subcontract or other agreement actually signed with the per -son or entity designated by the Owner. See Section 5.2.6 of the General Conditions. § 10.2 Subeontraets , otheragreemsonform to the ,,..,.he able p e t p wisions of this Agreement, ent and shall nat be &waizded en the basis of eost plus a fee withetit the Owner's prior- vffit4en approval. if a stibeontfaet is awarded o the basis of eest plus .. fee, the Can4-,.e ar rAz).1 rea ,ide i the subeentFaet f the nNNme.- to r-eeeive the same audit rights with regafd to the SubeeatFaeter- as the ONN%er- r-eeoives with regard to the Cen4faetor- in At4iele 11. See Section 5.2.7 of the General Conditions. ARTICLE 11 ACCOUNTING RECORDS The Contractor shall keep full and detailed records and accounts related to the Cost -cost of the Work, and exercise such controls, as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors and other representatives shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Contractor's records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, Subcontractor's invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract. The Contractor shall preserve these records for a period of th fee yeafs .,ffo . f fia' payment -,-four 4 vears after Final Pavment, or for such longer period as may be required by law. See also General Conditions Section 7.2.4. ARTICLE 12 PAYMENTS § 12.1 Progress Payments § 12.1.1 Based upon Applications for Payment submitted to the ^ rr�e-t-Engineer by the Contractor, and Certificates for Payment issued by the ^ r t—,Engineer, the Owner shall make progress payments on account of the Contract Sum, to the Contractor, as provided below and elsewhere in the Contract Documents. Applications for Pavment shall be submitted on AIA Documents G702 and G703, or in such other from as Owner shall aDDrove in writing. § 12.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: N/A § 12.1.3 Provided that a�r4y�tk:�td�q a Certificate for Payment is received by the Ar-ehiteetOwner not later than the last day of a month, subiect to Owner's rights under the Contract, the Owner shall make payment of the amount certified to the Contractor not later than the days of the month. f-an Application date that is fortv-five (45) days from the date Owner receives the Certificate for Pavment and a complete and DrODer ADDlication for Pavment associated therewith. If a Certificate for Payment is received by the ArchitectOwner after the applie tien-receipt date fixed above, payment of the amount certified shall be made by the Owner not later than forty-five ( 45 ) days after the Architect Owner receives the Appheation Certificate for Payment. (Federal, state or local laws may require payment within a certain period of time) § 12.1.4 , ifwaiees or inyaiees with eheev veueher-s .,4taehed, arzd AA7, other- evidence equ -oa by the Ownefer- n -eh tees to ao,,,,.n.,f....te thM r...,mea4s Each AnDlication for Pavment shall demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed t1,Lprogress payments already received by the Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 12 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) Contractor sand/or certified for Davment by Owner in accordance with the Contract, less (2) that portion of those Davments attributable to the Contractor's Fee: _plus (3) the Cost of the Work for the period covered by the present . Application for Payment. In addition, each Application for Payment submitted by the Contractor shall be accompanied by the following items: (i) Subcontractor backup documentation, the following forms of which are acceptable: AIA Document G702 and G703 or copies of receinted invoices or invoices with check vouchers attached for any and all materials purchased for the Proiect: (ii) a conditional Dartial waiver of lien by the Contractor covering the entire amount of the payment requested by the relevant Application for Payment, in the applicable form attached hereto as Exhibit F: (iii) conditional partial waivers of lien by each Subcontractor covering the entire amount of the Davment reauested by Contractor on behalf of each Subcontractor in the relevant Application for Payment, in the applicable form attached hereto as Exhibit F. (iv) an unconditional waiver of lien by Contractor equal to the amount of all Davments made by the Owner to the Contractor in all preceding Applications for Payment, in the applicable form attached hereto as Exhibit F: (v) unconditional Dartial waivers of lien by each Subcontractor which Dartial waivers of lien shall be eaual to the amount of all Davments made by the Owner to the Contractor on behalf of such Subcontractor in all preceding Applications for Payment, in the applicable form attached hereto as Exhibit F, (vi) a payee list for the current Application for Payment. (vii) a Section 3 compliance report: (viii) a MBE/WBE compliance report and certified payroll report: (ix) copies of all certified Davroll reports produced since the previous Application for Payment: (x) a Proiect Schedule update: (xi) a Change Order log, including approved Change Orders on AIA G701 form (if applicable): (xii) a request for any new Change Orders, including Change Order rationale, and accounting of cost detail and estimate (if applicable): (xiii) a list of any and all stored materials (whether stored on -site or off -site), (xiv) any additional materials reauired under Section 15.6 of this Agreement: and (xv) any and all other information or documents necessary for or reauired by Owner, Owner's lender, investors, mortgagees and/or applicable governmental authorities, including, but not limited to, HUD, FWHS and the City (each as defined in Section 3.18.1 of the General Conditions). Further, the Davee list submitted with each Application for Payment submitted by the Contractor shall itemize and identify the amounts within each aD_Dlication which the Contractor intends to Day to each Subcontractor for Work performed on the Proiect uD to the date of each Application for Payment, and shall set forth the amount of the contract balance with each such Subcontractor which will still be unpaid after Davment of the amounts so itemized. Contractor acknowledges and agrees that no Application for Payment shall be considered complete unless and until said Application for Payment is accompanied by all items required by the Contract Documents. The lien waivers referenced in this Section 12.1.4 and elsewhere in the Contract Documents shall be in the statutory form required by the Texas Property Code. § 12.1.5 Contractor shall provide separate accounting within its Applications for Payment for each Dhase of the Work, as applicable and directed by Owner in writing. Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Do-_-ix1%vxtj. Documents and accepted and approved by Owner. The schedule of values shall allocate the entire Guaranteed Maximum Price �e various - - portions of the Work; (2) any contingency for ^outo that ara included i the Gu r^ tee "!,-x�imutn Prise but net other -wise alleeated to another- line item or ineluded in a Change Order; and (3) the ' among the various portions of the Work except that the Contractor's Fee shall be shown as a single separate item. A coDv of the schedule of values is attached hereto as Exhibit A. § 12.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Arehiteetmay require. The sehed •le of vain Engineer and Owner may require. The schedule of values, unless obiected to by the Engineer or Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 12.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 12.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Wert -work of each individual line item in the schedule of values. § 12.1.5.3 When the Contaet-or a1.!,)aatas costs from ^ onfi ge ey to another line it in the schedule f Values, .l,o Contrae nuirnnit supporting documentation to the ^ r^'hi*^^* Intentionally Deleted. § 12.1.6 Applications for Payment shall show the percentage of completion Percentage of Completion of each portion of the Work as of the end of the period covered by the Application for Payment. The so the lessor of (1) the p ^. tago of that portion of the Work . hiolli ha7 aztu lly been completed; or (2) .l,a ronjenVg-e obtained by &viding (a) the &ipense "Percentage of Completion" shall be the percentage obtained by dividing_ (a) the Cost of the Work that has actually been incurred by the Contractor on account of that portion of the Work and -for Init. AIA Document At02 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 3 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) which the Contractor has made payment or intends to make made, or intends to make actual payment prior to the next Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 12.1.7 in accordance with AIA Poeument A201 2017 and subj eet to other provisions of the conlfaet Poetiffiefit-s-, the amount of each progressef4 shall be eemputed F 11^ :Intentionally Deleted. § 12.1.7.1 Elie-Subiect to other provisions of the Contract Documents, the amount of each progress payment shall Est „be computed as follows: .1 That Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the pereefftage of eempketion Percentage of Completion, as determined by Section 12.1.6 above, of each portion of the Work (including the Contractor's general conditions) by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the ,,,,.m��t schedule of T alues;schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts for Work authorized by a CCD not in dispute shall be included as _provided in Section 7.3.9 of the General Conditions; .2 That -Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site -Project Site for subsequent incorporation in the completed construction or Work, and as provided in the General Conditions or if approved in writing in advance by the Owner, suitably stored off the sitt—Proiect Site at a location agreed upon in writing; .3 That portion of Construction r1.a o Dirootiv2s that the Architect ao.ct.-.n,4 , in tote Architect's prefessional judgment, to be r-easonably justified; and The Contractor's Fee, Intentionally Deleted. .4 Add that portion of the Contractor's Fee, that shall be computed upon the Cost of the Work described in the preceding Sections 12.1.7.1.1 and 12.1.7.1.2 at the rate stated in Section 5.1.1 or, if the Contractor's Fee is stated as a fixed sum in that Section, an pA that beefs the same -ati . to that fixed s r fee the Cost of the Work ineluded in Seetions 12.1.7. 1.1 and beafs to a reasonable estimate of the p,.,.bable Cost of the Work upon its � or. shall be an amount determined by multiplving the Percentage of Completion of the entire Work by the fixed sum Contractor's Fee; .5 Subtract retainage in accordance with Section 9.3.1.2 of the General Conditions; .6 Subtract the aggregate of previous pavments made by the Owner; .7 Subtract the shortfall, if anv, indicated by the Contractor in the documentation reauired by Section 12.1.4 to substantiate prior Applications for Pavment, or resulting from errors subseauently discovered by the Owner's auditors in such documentation; and .8 Subtract amounts, if anv, for which the Engineer or Owner has withheld or nullified a Certificate for Pavment as provided in this Agreement or in Section 9.5 of the General Conditions. Notwithstanding the foregoing, if and onlv if allowed by Owner's lender, investors, mortgagees and anv applicable governmental authorities and if approved by Owner in writing in its sole discretion. Owner may. in its first (1st) progress Pavment paid to Contractor hereunder, Dav an amount for Contractor's general conditions expenses in excess of the amount due to Contractor under Section 12.1.7.1. § 12.1.7.2 The amount of each progress monk, l th�-n be «0.7,,ce b-) . The aggregate of any amountGy orev ,.usly paid by the Owner; .2 That, if any, for Work thatromeinn unserreetea and for which the Amkitootlir Mavieusly with -held a Certificate for Payment as provided in Article 9 of A! k D-j"rment A201 2017: Any amount for which th€ Contractors. not intend- pay a Subcontractor cx mOt \-za2 mi z unless the , - IN-z boen p r-formed by others the Contractor intends to pa�-, A > w Work per -formed defects discovered dnoo thto .L�,r�,,,.. o A plio,tion "F , -which the Arehiteet may withhold payment, or nullify a Certificate of Payment in whole w ir. "_ , c ovided ontraQtvr in the Owner's .,uditers : stieh a,.^,, wAtmion; :dam A R,.tain ge withheld purstiafft to Seetio 12.1.8.Intentionally Deleted. Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 14 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) § 12.1.8 o,etainagelntentionally Deleted. § 12.1.8.1 Fc uGoh Magr-ess paymentmade pr ar `o fiabctu :tip Completion of the Work, the Owne,-may ,,-itlnhold dne following ftem the payment other -wise "e� Intentionallv Deleted. § 12.1.8.1.1 The following :twmc w-- tit Intentionallv Deleted. § 12.1.8.2 Redueti= w limitation of retainage, if .,,,., Intentionallv Deleted. § 12.1.8.31±.,eept , of feF4, i this Se do 1 .1A6 3, 4a Substantial r,.mpletie of the 3x7,.,k the r,.«t,-.,,.r..,-May „1 fnit E App1iea4iE)a fe F Payf,,IMt%s ata M-_'U deS ♦he Fetal ff,,.e Witt l ol,l f'0 M VffliO APP1i6at:,.«S fO P . i1Kt P'Arf9a7Ait .6 thiS Seetie 1 fe Payment ..,,1.mi 4e at Substantial r .1o.;v rf� llr�' �tslude ..etainage €ellews: v Intentionally Deleted. § 12.1.9 if final , pletio , f the xx7A"l is-mGto -:.,lly delayed through no fault f the Cent,..,ete ♦L o llymar Gball px! the Contractor any additions arno **&- 4M aceerda-neewith Article 9 of AIA Document A 201 2017.Intentionally Deleted § 12.1.10 Except with the OvnA prrar %vrift.m crpWAA1, the -Gentfaetor M . suppliefs fe - m occiaJc --\- cquipment wha't ?twic nit been del- -efe 1 .-a' d a4 the site.Owner's Drior written approval. Davments to Subcontractors shall be subiect to the same retainaee as Davments to Contractor. § 12.1.11 The Owner and the Contractor shall agree upon a mutually acceptable procedure for review and written approval of payments to Subcontractors, and the per-eeet-egeef r-etainage held an Suoeentr-aets, a -ad the Contractor shall execute subcontracts in accordance with those agreements. Owner shall release retainaee in accordance with Section 9.3 of the General Conditions or as otherwise reauired by applicable Laws. § 12.1.12 In taking action on the Contractor's Applications for Payment the AA rt--Engineer and Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor, and sue ^ shall not be deemed to be ^ representation that (') the Arehithat the Engineer or Owner has made: (Da detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 12.1.4 or other supporting data; (2) that the Architect has made exhaustive or continuous on -site inspections; or (3) that the Architect has made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner's auditors or other representatives acting in the sole interest of the Owner. § 12.1.13 See General Conditions Article 9 for additional provisions regarding Davment. § 12.2 Final Payment § 12.2.1 Final payment—,Pavment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the CepAr-.., to f wh ontractor, subiect to Section 12.2.3 below. when: .1 the Contractor has fully performed *'+the Contract and the entire Work is Finallv Complete. as defined in Section 9.10.1.1 of the General Conditions (including, without limitation, filing of the Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 5 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) Affidavit of Completion), except for the Contractor's responsibility to correct Work as provided in Article 12 of Ahk Dccumiant A201 20177the General Conditions, and to satisfy other requirements, if any, which extend beyond final paymef4iFinal Payment. .2 the Contractor has submitted a final accounting for the Cost of the Work and a final Application for Payment; > .3 a final Certificate for Payment has been issued .by the Eneineer based on a final Application for Payment and a final accountine for the Cost of the Work submitted by the Contractor and approved by the Owner; and .4 all of the conditions for Final Payment as set forth in the Contract Documents have been satisfied, includine, without limitation, all reauirements for Final Payment set forth under Section 9.10.2 of the General Conditions, and the delivery of all information, documents or certifications that are reauired by the Contract Documents, the Owner, the Owner's lenders, investors or morteaeees. HUD. FWHS, the City (each as defined in Section 3.18.1 of the General Conditions), and/or any other eovernmental authority with jurisdiction over the Project in order to allow the Owner to proceed to final Project completion, includins, but not limited to, an accountins and certification of (i) all costs incurred by Contractor in the execution of the Work. (ii) all charses or costs included in Contractor's ApDlications for Payment with respect to the Project, and (iii) the Contractor's Markup commisins the GMP, as a percentase of the GMP, which accountins and certification shall be DreDared in accordance with senerally accepted accountins principles, by a licensed, independent, third -@arty accountant and shall identifv and verifv all costs and charees included in Contractor's Davment aDDlications and shall be accompanied by such detail and suDDortine documentation as reauired by the Contract Documents, the Owner, the Owner's lenders, investors or morteaeees. HUD. FWHS, the City, and/or any other eovernmental authority with jurisdiction over the Project. See also Section 9.10.1.1 of the General Conditions. § 12.2.2 Within 30 ,lays e f the n,,,ne f's fe o rt of the Coin -.,, to f final aeoew-.Sirg bf the Celt , f the We fk the 0wnar DI.W1 03,,, uct an audit f the Cost of the Work or notify the A,.,.1,;.oat tKat,-t>rAl � 1,, . „a;+.The Owner's auditors, accountants or other representatives will review and reDort in writins on the Contractor's final accountine within thirty_ (30) days followine the Contractor's delivery_ of the final accountine to the Ens_ ineer and Owner. § 12.2.2.1 if the Owner e a„ otc��t�f 41e-a�`A 7"'+ro« fe ,..-t based ,pen the .,udita fs' findings ♦e the A-ehiteet.Intentionally Deleted. § 12.2.2.2 Within seven days af4ef reeeipt of the wFittea r-ep&4 desefibed in Seetien er- r-eeeipt ef netiee that the Owner- will net enduet a••dit and provided that Based upon such Cost of the Work as the Owner's auditors, accountants or other representatives reDort to be substantiated by the Contractor's final accountine, and Drovided the other conditions of Section 12.2.1 have been met, the A .ehiteet he Ensineer will, within seven (7) days after receipt of the written reDort of the Owner's auditors, accountants or other representatives, either issue to the Owner a final Certificate for Payment with a copy to the Contractor, or notify the Contractor and Owner in writing of the A •- TEnsineer's reasons for withholding a certificate as provided in Article 9 of AIA r,,.,.,,ment A 201 2017. Section 9.5.1 of the General Conditions. The time periods stated in this Section 12.2.2 supersede those stated in Article 9 of AIA Document A220122017. The Architect Section 9.4.1 of the General Conditions. The Ensineer is not responsible for verifying the accuracy of the Contractor's final accounting. § 12.2.2.3 If the Owner's audizniro' irap^•4 eenel des tha4 auditors, accountants or other representatives reDort the Cost of the Work, as substantiated by the Contractor's final accounting, into be less than claimed by the Contractor, the Contractor shall be entitled to r-e"est m edi tier of the lisp 4ed wnmvit vidi��. imikA: 3cc4siom f7airdao .:4a A .-a,.1e 15 e f AIA r.,.,.,,meat A 201 2017 A .o,.,,est for- w.odia4io resolution of the disputed amount Dursuant to the provisions of the Contract Documents. Such demand for resolution shall be made by the Contractor within 30-th� 30 days after the Contractor's receipt of a copy of the AA rTEneineer's final Certificate for Payment. Failure to request mediation within this 30 day make such demand within this thirty (30) -day period shall result in the substantiated amount reported by the Owner's auditors auditors, accountants or other representatives becoming binding on the Contractor. Pending a final resolution of the disputed amount, the Owner shall pay the Contractor the amount certified in the AA rsEnsineer's final Certificate for Payment. Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. s This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) § 12.2.3 The Owner's final pa)qnenrFinal Pavment to the Contractor shall be made no later than 30 days after th issuanee of the Architect's final Certificate for U.,.,, en4 o s follows: thirtv (30) days after the after the conditions in this Section 12.2. including s_necifcally those in Section 12.2.1. have been satisfied. § 12.2.4 , subse"en4 to Anal payment, and a4 the Owner's request, the CofAfaetor- inetifs eests, deser-ibed in A14ie and not exeluded by n i4iele o to , eet de f etive , floneeffkx-ming \ ofiE the owfix 0.,Vl rater✓a v *4e cefl4aetor- for- sueh eest. and the Gentraeter- then -et, n the same basis , if suh eests had been ineuffed prior to Anal r o«t btt4 not ; o o of the !_,,.,r.,.,teed t%111 !F ad ust,... efAs to tt,o & t'oact ✓ate a►Y' p*o sided f r :n Seetio 5.1.7, the .. «t of those ..,just, en 3 zilall 1�'.,.. leul.,to.l taking into aeeount any i4��.JaY�'vf«r.�its made paraaart to this Section 12 2 n i aotcrmirting the armw�jnt t be paid by the Owner to a,o Gon&raator. Intentionallv Deleted. § 12.3Interest c\ntrc�✓✓�hWl aar- interest f e « t1 a dta"—fi "t is ,1, a a4 the fate statedsta4ed below, • See Section 13.5 of the General Conditions. ARTICLE 13 DISPUTE RESOLUTION § 13.1 initial neGis „ Maker The A reh tees will serve s initial Decision >`a.,veY parmartto Article 15 of AIA Document A 201 2017, ,.,loss the partia>app i3O b t, 1r11tic� D Intentionally Deleted. § 13.2 Binding Dispute Resolution For any J vd7iaet t bu4 not ro el„e ,, by ,o a; t: L111V- rl7Au6n as defined in Section 15.1.1 of the General Conditions. the method of binding dispute resolution shall be as follows: (Check the appropriate box) [ ] Arbitration pursuant to See4e*-Article 15 of AIA r,,.et ff ef4 n 2n, 2017the General Conditions [ X ] Litigation in a court of competent ur�iurisdiction, subiect to Section 15.3 of the General Conditions [ ] Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 14 TERMINATION OR SUSPENSION § 14.1 Termination or Suspension § 14.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Docume A201 2017.Work may be sus_nended. or the Contract may be terminated as set forth in Article 14 of the General Conditions. Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 17 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) § 14.1.2 Termination by the Oi.yner for Causelntentionaliv Deleted. § 14.1.2.1 arno-;N1t, if aviy, t6 bepaid to the G3%W-e big :.�Ader- n ..r:,,le 14 of AIA n D,.,,.., efA A201 20l',T ahall act Jj a_ --the Guaranteed Nianimum Yhi e to be exeeeded, nof shall it exeeed a .,m,.un4 ealeulmed as follows! .1 Take the Cost of the Wor4E ineuffedbytheGof}traetef to the date of it�a✓�r�.; d'aV-.,*1 t1w 0E)sr e f the We -y to the date ,.c.��~�tl!'.�c�1.1�.%1::;- te scm-ccrii'r-vcctl �. S . 1 A ^orzr- the -cvrrt!'IACt.'7r r F�., �'al xxauat thM beafs the safne fatio to thm fixed sum Fee as the Cost of the WoF4 at i�,-miR3t01m 1ceafs to a zvsr^vr-cnc',x.,[ UrOti 1tc vmp!c6vrr, A Sul�*ast the aggregate of pr-evious paymef4s made by the Owner-; .1 1:x1 , A201 2017.Intentionally Deleted. § 14.1.2.2 The 9vcvix thak-alse pay the Gontr-aetaf fair- eoffi-pensation, either by purchase or rental at the eleetion of the Ownef, for- any equipment owned by the Contfaeter tha4 the Owner- eleets to retain and that is not otherwise ineluded i* the Cast of the xx oAE , .,de See' -ar To the extent that the n...,,er elects to rave legal ef4 o subeontf `i/llt f/.a , payments refeffed to in this Article 14, execute and del: ver all s,, oli rQp aro ara take all such stop-,, inoludRig^ the legal assignment of sueh subeentraets and other con4ractual righ4s of the Contractor, as the Owner may require for the pwpose of fully vesting i the llymer r1,a rig ar.'1 benefits of th rCx'"1ttaQtC1 untracts- o r,.hase erder-s.Intentionally Deleted. § 14.1.3 Termination by the Difirner Mr Conye„ienGe then the Owner shall pay the Gofftrae --,r a twm�rrati*3a fee as fellows+ Intentionally Deleted. § 14.2 Suspension The Work may be suspended by the Owner as provided On Article 14 of AIA Document A201 2017; On such case, the Guaranteed Maxomum Proce and Contract Tome shall be increased as provided On Article 14 of AIA Document A201 2017, except that the term "profit" shall be understood to rnean the Contractor's Fee as described in Article 5 and Section 6.4 of this Anree,ne„+.Intentionally Deleted. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Where reference is made in this Agreement to a provision of IA Doeumen4 A291 2017-the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 15.2 The !"Owner's Representative": (Name, address, email address and other information) Michael Saunders, AIA 100 N. Broadwav, Suite 1000 St. Louis, Missouri 63102 Telephone: 314-3 3 5-2884 Email: Mike. Saundersaa,McCormackBaron.com The Owner's Representative shall be the sole person authorized to act on behalf of the Owner with regard to the Proiect. In the event the Contractor receives anv instructions or annrovals, either orally or in writing, by persons other than the Owner's Representative, the Contractor shall notifv the Owner's Representative of such instructions or annrovals, and shall not act upon anv such instructions or annrovals until Drovided express directions from the Owner's Representative. § 15.3 The :"Contractor's Representative": Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 18 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) (Name, address, email address and other information) Jason E. Keller Block Builders. LLC 39279 Tommv Moore Gonzales. Louisiana 70737 Phone: 832-538-1220 Email: i ekellerablockcompanies. com § 15.4 Neithef the Own nor- the Gentf "tef'" Contractor's Revresentative shall not be changed without ten (10)_days' prior written notice to the ^Owner. § 15.5 Insurance and Bonds § 15.5.1 The Owner and thee Contractor shall purchase and maintain insurance as set forth :. nrn Doeum",t A102Tm 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the 1.11--4 p Fee with ,. Gttar-afAeed LN<inixm Nia&, bA k, Imxx .ce—a-ad Beads, elsewherethe Gent. —"et T,aetff ef4s.and provide bonds as set forth in Article 11 General Conditions. The coverages and limits of liabilitv contained for the Contractor's liability insurance are set forth in Article 11 of the General Conditions. § 15.5.2 The moo: zha R V-13yidebeads asset f Ft i n r n P,. efft n i 021m 20 7 Exhibit n n,a else . he fe ; the Ge fft .""t r.ae ne ffts Owner does not maintain insurance of anv kind on tools, equipment, temporary offices. sheds. shacks or other property of the Contractor and its Subcontractors, and Contractor and its Subcontractors shall be solelv responsible for the protection of, and for all loss or damages. to such items. § 15.6 Netiee : elee e c R."1' wat, imrrfaart to n i4ie e 1 of AIA n De ent n 20 2017, . be given ,., lone" with AIA Doeu went E2-03TM 2013,u,,:u:n r.,fn tiivr: Modeling and r,:giW..'..\itz x_khi✓t, it ",,, pleted , otherwise set forth below: ire t er tha ; : u000r , fortnat sueh as name, &L- and entail address qfthereei�qient and whether and how the systent wiB be required Intentionallv Deleted. § 15.7 Other provisions: § 15.7.1 The Contractor will be furnished free of charge one (1) electronic complete construction document set, one (1) set of reproducible Drawings and one (1) copy of the Specifications (and a similar number of anv Addenda issued to either the Drawings or Specifications) for use in the execution of the Work. 4 15.7.2 Notwithstanding anvthina herein to the contrarv, if executed prior to Owner's closing on the financing reauired for the Project, this Agreement, including all of its reciprocal obligations on Owner and Contractor, shall be expressly contingent upon Owner's access to available financing, loans or other financial arrangements intended to fund this Project and to allow the Owner to discharge its obligations, and disbursement to Owner (or disbursing_ agent, if applicable) of all funds anticipated in connection therewith. 4 15.7.3 Contractor shall, and shall cause all Subcontractors performing_ Work on the Project to, (i) comply with all federal, state, territory or local laws, statutes, ordinances, building codes, rules, regulations. Dermits or other authorizations, approvals and/or reauirements (collectivelv. "Laws") applicable to the Work, including, but not limited to, the Americans with Disabilities Act ("ADA") (including, without limitation, the 2010 ADA Standards for Accessible Design promulgated thereunder (collectively, the "ADA Standards")), the Uniform Federal Accessibility Standards, as published in the Federal Register, and the federal Fair Housing Act, anv state-, territorv- and/or local -law eauivalents and all regulations promulgated under anv of the foregoing and (ii) Derform the Work in compliance, in all respects, with applicable Laws. Contractor expressly acknowledges that the Project involves the design and construction of facilities that the Owner believes are "Public Accommodations" under the ADA and should be constructed in accordance with the current and applicable Dhvsical accessibilitv reauirements set forth in the ADA, the ADA Standards and its or their Accessibilitv Guidelines, and the Uniform Federal Accessibilitv Standards as set forth Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 19 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) in the Federal Register, unless otherwise directed in writing by Owner. Contractor agrees that it shall be held responsible for anv Work that is in violation of, or not in compliance with applicable Laws. S 15.7.4 Contractor acknowledges and agrees that anv Work performed pursuant to this Contract that involves anv movement, disturbance, removal, disposal or other displacement of the earth or soil at the site must comply with all Laws relating to dust control, stone water discharges or the control of erosion or sediment discharges from construction projects (collectively, the "Dust and Storm Water Requirements"). Contractor further acknowledges and agrees that part of its Work hereunder includes compliance with a comprehensive Stone Water Pollution Prevention Plan developed for the Project ("SWPPP"), governing stone water discharges and the control of erosion or sediment discharges from construction operations. All construction and other Work performed pursuant to this Contract that involves anv movement, disturbance, removal, disposal or other displacement of the earth or soil at the site shall comply with such SWPPP. Contractor shall comply with all requirements set forth in the SWPPP, and shall promptly inform Engineer and Owner in the event Contractor discovers that anvthing set forth in the SWPPP is not in compliance with applicable Laws. Contractor shall perform no construction Work on the SWPPP until Owner has instructed the Contractor, in writing, to proceed therewith. All construction and related Work in connection with the SWPPP shall be provided in accordance with the final SWPPP Construction Documents. In this regard, consistent with the EPA General Permit, the Texas Commission on Environmental Oualitv (TCEO) general permit and the SWPPP, the Contractor shall be responsible for installing and maintaining all dust, erosion and sediment controls (or stone water best practices) relating to its Work. Contractor agrees that it will retain in files that are readilv accessible all records required by such applicable Laws and Dust and Stone Water Requirements applicable to its Work, for a minimum of five (5) years, or for such longer time as may be required by applicable Laws or Dust and Stone Water Requirements. Such records shall, without limitation, include all erosion and sediment control drawings, and all reports of inspection of anv storm water controls installed by Contractor. Contractor shall, at anv time, upon request of the Owner provide the Owner with copies of anv and all such records. 15.7.5 Contractor acknowledges that the Project is subject to federal, local, and state _prevailing wage laws, including, without limitation, The Davis Bacon Act (40 U.S.C. && 3141-3148). and agrees to comply, and to ensure that all Subcontractors comply, with all such laws. Contractor shall ensure that all persons providing Work for the Project (whether under direct contract with Contractor or with its Subcontractors of anv tier) are compensated for "straight -time" at hourly rates not less than as set forth in Exhibit G attached hereto. Contractor shall furnish to Owner, upon Owner's request, anv forms, papers, payroll copies, or anv other information or documentation that may be required to show Contractor's (and anv Subcontractor's) compliance with such Laws. On the last day of each month, the Contractor shall submit to Owner 6) a Section 3 compliance report. (ii) a MBE/WBE compliance report and certified Davroll report, which shall be grouped on a weeklv basis and in a form acceptable to the Owner, and (iii) copies of all certified pavroll reports produced since the previous submission S 15.7.6 The Contractor shall submit certified Davrolls to the Owner, which shall be grouped on a weeklv basis and in a form acceptable to the Owner. The Contractor shall submit to the Owner a _plan for SBE/MBE/WBE participation and Section 3 hiring and business participation as required by the Owner. 15.7.7 Contractor warrants that it is and will remain in compliance with all federal, state, territorial and local labor and immigration laws, regulations and requirements ("Labor Laws"), including those of U.S. Department of Homeland Securitv (DHS) and U.S. Citizenship and Immigration Services (USCIS), regarding all personnel retained by Contractor or anv Subcontractors who will be providing work, labor, services, materials or equipment to the Project. This includes, but is not limited to, the proper processing, storage and retention of required USCIS Form I-9s, the examination of required documentation, and the confirmation of appropriated evidence reflecting the identitv and emDlovment eligibility of each worker performing anv portion of the Work (in such form and at such times as are required by applicable Laws), and compliance with all visa laws and regulations. Additionallv, Contractor will maintain at the Project Site records required by the USCIS, including records of any posting requirements under H-1 visa regulations. Contractor herebv indemnifies and holds Owner harmless from and against anv losses arising out of Contractor's failure to comply with all applicable Laws, regulations and requirements related to Contractor's or anv Subcontractor's use of non-U.S. citizens to perform or suDDly work, labor, services, materials or equipment to the Project. The Contractor will retain anv and all documentation relating to its compliance with immigration laws, regulations and requirements for five (5) vears after termination of the Contract or completion of all Work. S 15.7.8 Contractor agrees that it will maintain a cloud -based data -storage program for the Project using_ Procore (the "Proiect Database") for purposes of storing, indexing and tracking the Project Documents (defined below). The Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 20 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) Project Database shall include, without limitation, all design documents, construction documents, Contract Documents, Contractor's Applications for Payment, the Engineer's Davment certifications, and all submittals reauired by any of the foregoing (collectively, the "Proiect Documents"). Contractor agrees to (a) maintain the Project Database and (b) cooperate in good faith with Owner, Engineer, FWHS and Owner's lenders to ensure each has unencumbered access to the Project Database and the Project Documents contained therein until the date that is one (1) year following the date of Final Completion. Contractor shall submit, and shall cause all Subcontractors to submit, all Project Documents (as applicable to the Contractor and the Subcontractors) to the Project Database on a timely basis. Contractor agrees that it and the Subcontractors shall utilize the Project Database for all submittals and approvals reauired under this Agreement. Contractor acknowledges and agrees that all Project Documents uploaded to and stored on the Project Database shall be the Dropertv of Owner and shall not be used by any person other than Owner on projects other than the Project, and Owner shall have the full and complete right to access the Project Database and use the Project Documents and the information contained therein. 15.7.9 Contractor shall employ its best efforts to use local vendors. Suppliers. contractors and laborers when available and feasible. 15.7.10 Without limitation of anvthing in the Contract Documents, the Contractor shall comply_ with all rules, requirements and other Laws applicable to the Project established or imposed by HUD and/or its divisions or departments, including, without limitation, the following: HUD Training, Employment and Contracting ODDortunitles (Section 3). HUD Eaual Employment ODDortunities: and HUD -Federal Labor Standards Provisions. Contractor shall execute all associated certifications in this regard as reauired by Owner, its lenders. FWHS, the City and/or any other governmental authority with jurisdiction over the Project and/or as otherwise reauired by applicable Laws. § 15.7.11 Contractor certifies that neither it nor any of its DrinciDals are Dresentiv debarred, susDended. DroDosed for debarment, declared ineligible, or otherwise excluded from DarticiDation in contracts by any federal deDartment or agency or the Comptroller General. Contractor shall execute such certifications in this regard as may be reasonably reauired by Owner, its lenders. HUD, the City, FWHS, or any other governmental authority_ with _jurisdiction over the Project or as otherwise reauired by applicable Laws. S 15.7.12 Contractor exDressly acknowledges that Owner intends to achieve Enterprise Green Communities Criteria (EGC) 2020 (or such newer version of ECG. if applicable) standards and certification, ENERGY STAR for Homes (ES) certification and such other, if any, related energv-efficiencv certifications reauired by Owner and for which the Contract Documents include criteria for such certification(s). Contractor represents and warrants that Contractor has experience in the construction of improvements substantially similar to this Project and that Owner has reasonably relied on such representations in entering into the Contract. Without limitation of anything in the Contract Documents, Contractor shall Derform the Work in compliance with all related reauirements or Dractices. Contractor agrees to cooperate with the Engineer and any other consultant of Owner in connection with the Engineer's and/or such consultant's responsibilities and obligations to the Owner for monitoring the construction of the Work for its compliance with all certification criteria, achieving the final list of desired tax or similar benefits or credits, and collecting any and all information reauired for submittals of the certification Dackages. Contractor shall be liable to Owner for any damages, losses, or expenses related to failure to obtain the reauired certification for the Project to the extent caused in any way by Contractor, the Subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, including without limitation, damages, losses or expenses for loss of income or profits, inability to realize Dotential reductions in oDerating maintenance or other related costs, taxes or similar benefits or credits, marketing OnDortunities and other similar oDDortunities or benefits. § 15.7.13 Contractor acknowledges that the existing Cavile and Hughes House housing develODment ("Existing Housing") Droximate to and abutting the Project Site will be occupied during Derformance of the Work. Contractor further acknowledges and agrees that the Work must be completed in a clean and orderly manner so as not to unreasonably interfere with the normal oDerations of the surrounding DroDerty and the day-to-day activities of the tenants and employees at the Existing Housing site, including, but not limited to. Darking, play areas, trash Dick -um and mail delivery. Safety of all Dersons and DroDerty at the Project Site and Existing Housing site, including all tenants and employees, are a Drime concern, and Contractor shall employ all necessary safety control measures to Drevent any injury or damage to Dersons or DroDerty in the vicinity of the Work. Contractor shall Drovide written notice to Owner, sufficiently_ in advance, of any disruption of the normal oDerations of and/or services to the Existing Housing. including, without limitation, any interruptions to utility_ services, to ensure that Contractor's Derformance of the Work does not unreasonably inconvenience residents of the Existing Housing. Contractor agrees that it will comply, and Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. 21 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) will cause all of its subcontractors, vendors and consultants to comply, to the extent applicable, with all rules and reauirements implemented by Owner relating to the Proi ect, and all other reasonable requests of Owner with respect to such Work, without anv additional compensation or extension of the Contract Time. Without limiting the foregoing. Contractor shall also coordinate the performance of the Work with anv resident relocations being performed or to be performed by Owner in connection with the Work. 4 15.7.14 Wherever the term "Owner" is used in anv documents comprising the Contract Documents, the term shall mean McCormack Baron Salazar Development. Inc., a Missouri corporation, acting as an independent contractor for the FWHS ("MBSDI'). The parties acknowledge that: (i) MBSDI is acting as an independent contractor for FWHS, in accordance with the terms of certain agreements between MBSDI and FWHS, with regard to the Work reauired by this Agreement: (ii) MBSDI is authorized, in this capacity, to contract with the Contractor on behalf of FWHS, pursuant to the terms and conditions set forth herein, and (iii) MBSDI is not the owner of the property or the improvements thereon, nor does it have actual control over the affairs of property or the improvements thereon. § 15.7.15 Notwithstanding anything herein to the contrary. Contractor's sole recourse for Davment hereunder shall be from funds received by MBSDI from FWHS and other sources pursuant to certain agreements between MBSDI and such funding sources, and Contractor shall not otherwise seek recourse from or attempt to enforce the terms hereof against anv of MBSDI, McCormack Baron Salazar, Inc., a Missouri corporation, or the Droverty, real or personal, of anv of the foregoing parties or their general and limited partners, individual investors or shareholders. 415.7.16 Contractor acknowledges that the Work reauired by this Contract includes the construction of certain water, sewer and other Dublic improvements work as further set forth and described in the Contract Documents, including, without limitation, the Proiect Manual attached hereto as Exhibit J-2. Contractor further acknowledges and agrees that it shall Derform, or cause to be Derformed, all Work in accordance with the Contract Documents, including, without limitation, all reauirements applicable to Contractor's Derformance of Work as set forth in the Communitv Facilities Agreement attached hereto as Exhibit J. the Standard Citv Conditions attached hereto as Exhibit J-1 and the Proiect Manual attached hereto as Exhibit J-2. Contractor understands and agrees that all Work shall be performed by DroDerly licensed Subcontractors in accordance with all reauirements of the Citv and that anv subcontracts which include the Derformance of anv Work shall incorporate by reference and reauire such Subcontractors to Derform the Work in strict accordance with all applicable reauirements set forth Exhibits J. J-1 and J-2 hereto (collectivelv the "PI Work Documents"). In this regard, Contractor further acknowledges and agrees that, among other things, it shall: (i) in accordance with the PI Work Documents. DromDtly furnish to Owner and the Citv, pavment and Derformance bonds and maintenance bonds, certificates of insurance, worker's compensation forms. signed bid(s), bidder's oreaualification listing all applicable Subcontractors, and anv other forms required by the PI Work Documents: (ii) Contractor shall be identified as the "Contractor" under all applicable PI Work Documents with resDect to all Work required therebv: (iii) DromDtly furnish to Owner and the Citv, a coDv of all fullv executed subcontract(s) with its Subcontractor(s) responsible for Derfomming anv Work. and (iv) DromDtly furnish to Owner and the Citv, a coDv of all Subcontractors' certificates of insurance and worker's compensations forms. In addition, with resDect to the Work. Contractor agrees that it shall indemnify, defend and hold harmless the Citv, its officers, agents and emDlovees from and against anv and all claims, suits or causes of action of anv nature whatsoever, whether real or asserted, brought for or on account of anv iniuries or damages to Dersons or DroDerty. including death, resulting from, or in anv wav connected with, the construction of the improvements contemplated by the PI Work Documents. Further, Contractor agrees it shall indemnify, defend, and hold harmless the Citv for anv losses, damages, costs or expenses suffered by the Citv or caused as a result of Contractors' failure to complete all Work and construct the Work improvements in a good and workmanlike manner, free from defects, in conformance with all applicable Laws. including, without limitation, the Communitv Facilities Agreements Ordinance Dromulgated by the Citv, and in accordance with all plans and specifications related to the Work as set forth in the Contract Documents. ARTICLE 16 ENUMERATION OF CONTRACT DOCUMENTS § 16.1 This Agreement ent oa of the following doeumen4sffhe Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. .1 The Agreement is this executed AIA Document A102TK--2017, Standard Form of Agreement Between Owner and Contractor (as modified by the changes, deletions and/or additions hereto). .2 AIA Document�A!02T�r7. .A, ln"N rw Intentionally Deleted. .3 The General Conditions are the executed AIA Document A201T11 -2017, General Conditions of the Contract for Construction (as modified by the changes, deletions and/or additions thereto). Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 22 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) Intentionally Deleted. .5 Drawings Number Title Date See table of Drawinas in Exhibit C .6 Specifications Section Title Date Pages See table of Spccifications in Exhibit C .7 Addenda, if any: Number Date Pages N/A Portions of Addenda relating to bidding requirements are not part of the Contract Deettfflei4s tinless the bidding or- proposal c arc alca wed in tliA .' Aiele 16. Documents. .8 9th1w Ei:lsibits�The following Exhibits, each incorporated herein by this reference: .1 Schedule of Values, attached hereto as Exhibit A [ ] Alk Deoam. .xkih;t, dat-A w- kdie,. .2 Unit Prices, attached hereto as Exhibit A-1 (hgsei4 the da. e of the L 04 2017 iaeafpermed i t this A g fee eat 4.3 Assumptions and Clarifications, attached hereto as Exhibit B .4 Drawings and Specifications, attached hereto as Exhibit C .5 Affidavit and Certificate of Completion, attached hereto as Exhibit D .6 Project Schedule, attached hereto as Exhibit E [ ] Thu F/actc�iiak- lity Plan:.7 Form of Lien and Claim Waivers, attached hereto as Exhibit F .8 Federal Davis Bacon Wage Decision, attached hereto as Exhibit G Me Sate Pages .9 HUD Federal Labor Standards Provisions (Copeland ("Anti -Kickback" Act), attached hereto as Exhibit H [ ] Eupplefne tafy and ethef Ganditietis of the Ga t aet:.10 Section 3 and MBE/WBE Requirements, attached hereto as Exhibit I .11 Community Facilities Agreement, attached hereto as Exhibit J Document Title Sate Pages .12 Standard City Conditions, attached hereto as Exhibit J-1 .9 Other documents, if , listed below: (List Lore „ additional .io..,,m thot/ar/j intended to form part of the (' a ntraet Documents. AIA A DO6\l %6mt .n 2n1 2017 provides that the advertisement , invitation t b d, !nCtru0tions-to Hiddarn, ntarW)12 forms, the Contractor's bid or yworcaaJ, poz-V'ans of Addenda relating t bidding er proposal re"ir-ements, and ether inferma�ian ftirnished by the Owner- i efmmera4ed in tEic .Arco.&. Any suesueh ,a,.,.ufnents si.,,,,ld be listed Lore only if intended Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 23 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) to kc part of the G-oxitrazt-Da-c-amw-&-.).13 Proiect Manual, attached hereto as Exhibit J-2 Intentionallv Deleted. Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. 24 This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1397187129) This Agreement entered into as of the day and year first written shove. above and is executed in at least three (3) original copies, of which one is to be delivered to the Contractor. one to the Engineer for use in the administration of the Contract, and the remainder to Owner, (Printed nafne and fide) OWNER: McCormack Baron Salazar Development, Inc. a Missouri coraoration CONTRACTOR: Block WT HuOies House GC Joint Venture Bv: Block Builders, LLC, UWn ism limited-lt&ility companv 1r ill tSignature) G (Si�nature) C. Michael Saunders, Vice President i �?r�9rt.Ert�,wt. 6 w, a (Printed name and title) (Printed mmne and title) Init. AIA Document A102 — 2017. Copyright @ 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. ZJr This document was produced at 16:40:13 ET on 04/18/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail doclnfo@alacontracts.com. User Notes: (1397187129) 7 -'� Document A201 - 2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Hughes House Phase I Public Improvements: Wet Utilities The Hughes House Phase I wet utilities public improvements project consists of all public improvements work with respect to domestic water and fire water, sanitary sewers and storm water systems in connection with the 162-unit multifamily housingdevelopment on This document has important two blocks (Blocks A and B) bordered by East Rosedale Street to Avenue G and from legal consequences. Consultation Langston Street to one block east of Amanda Avenue in Fort Worth (the "Project Site" or with an attorney with respect to "Site"). The Project will seek 2020 Enterprise Green Community certification. is its completion or modification. THE OWNER: (Name, legal status and address) McCormack Baron Salazar Development. Inc. c/o McCormack Baron Salazar. Inc. 100 N. Broadway, Suite 100 St. Louis, MO 63102 TLIC ARr__HlTC!`T- THE ENGINEER: (Name, legal status and address) Kimlev-Horn and Associates. Inc. 801 Cherry Street, Suite 1300, Unit 11 Fort Worth, Texas 76102 TABLE OF ARTtG CeTABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 Aor,T, u�TENGINEER 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS For guidance in modifying this document to include supplementary conditions, see AIA Document A503TM, Guide for Supplementary Conditions. Init. AIA DocumentA201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents"' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9. 10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Eneineer. Definition of 4.1.1 ^ T *—,Eneineer, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 A, 'e*rEneineer, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect's Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Apdhitc vC-3 Eneineer's Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 ^ rTEneineer's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 ^ ~TEneineer's Copyright 1.1.7, 1.5 ^ rzEneineer's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 AroltUoWi Eneineer's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Apdhitc W3 Eneineer's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 ^ rTEneineer's Interpretations 4.2.11, 4.2.12 ^ rTEneineer's Project Representative 4.2.10 Arolkt@Wi Eneineer's Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 AmAitc e0-3 Eneineer's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 ^ rTEneineer's Representations 9.4.2, 9.5.1, 9.10.1 ^ rTEneineer's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 3 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1. 1. 1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3. 1. 1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9. 1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1. 1. 1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1,5.4.2, 11.5,14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8. 1. 1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 4 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Contractor, Definition of 3.1, 6.1.2 Contractor's Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Contractor's Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor's Relationship with the Ar-ehiteetEn ig neer 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 2.2.2, 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the ^ r�etEn ig neer 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 5 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 6 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4. 1, 15.4.1.1 Minor Changes in the Work 1. 1. 1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1. 1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner's Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.5, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.4 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9. 10. 1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9. 10. 1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 7 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1. 5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9. 1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9. 10.1 Representatives 2.1.1,3.1.1,3.9,4.1.1,4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Arehitec4Engineer 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1. 1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, ^ r sEnaineer's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of ^ +�MEneineer 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the ^ f�ctEneineer 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2,9.10.1,10.3.2,12.2.1,13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4. 1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the A+ehitec4En2ineer 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 9 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Gaf4raet D ^.,mef4^ e o or^ted in the A, ee ef4 between the n..,nx -?zJ OefA rater (he o aftef the Agreement) t) and ^ ist of the Agreement Conditions of the Contract (r_o Pro), g�)e-me,t^ry and other r, nditions) Drawings, Specifications, Addenda issued prior- to execution of the Contract, other- ooumwntr liatod in the A greenwnt "Contract Documents" consist of the Standard Form of Agreement between Owner and Contractor, AIA Document A102-2017, as modified by the parties (the "Agreement"). these General Conditions (as defined in Article 1 of the Agreement) the Drawings, the S_necifications. Addenda, other documents listed in the Agreement (including without limitation, all exhibits listed in Article 16 therein), and Modifications issued after execution of the rem "�ea�,Contract, all of which form and are referred to in each document as the "Contract," and are as fully a part of the Contract as if attached to the Agreement or repeated therein. If anvthing in the other Contract Documents, other than a Modification, is inconsistent with the Agreement, the Agreement shall govern. A "Modification" is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the A r—.Engineer (and approved by Owner pursuant to Section 7.4 below). Unless specifically enumerated in the Agreement, the Contract Documents do not include t'��ont-o\- irltil.tion-tobid, IMGtruotiano t^ 44a� mother documents, including, without limitation, bidding reauirements, advertisements or invitations to bid, instructions to bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes negotiations, r^ ^ ef4a et with respect to the matters set forth in the Contract Documents and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the AA r�et-Engineer or the AA r sEnlaineer's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner and the AA r --Enlaineer or the Architect's zoncultantr, Engineer's consultants or (4) between any persons or entities other than the Owner and the Contractor.Thect-jhalll,kwever, be entitled ^a to perform and enforcement of obligations under the Contract intended to facilitate per-formanee of the ot%l dutiaa. S 1.1.1 TheWork Of- partiallyn plate : ..ludo^ all ethe f l.,ber, m.. teria \ and se a vide or to be p ,:.1 ,,.1 I I tl,^ Contractor to fulf11 the Goat.-. e --\'Z o�l,--5W:eas The \1'Ewk m nst:t,ut^ the whole or a "e ii rth�_ic_project_ § A The Drnient Y`^' The Urojeet is tl,^ t,.t.,l .. „stmet:.,n.,Fwhich the Work nerf rmed undor tote Contract Documents ma-., be the ..,hole ., 1.1.2.1 The term "Contract." as used herein and in all the Contract Documents is inclusive of all the Contract Documents identified in Section 1.1.1. above. Terms defined herein and in the other Contract Documents are used in each consistently with the definitions set forth in such documents. All changes, deletions, markings or additions to the Agreement and General Conditions have been intentionallv made by the parties to reflect the correct understanding of the parties with respect to the provisions of this Contract, and all provisions modified or altered by such changes, deletions, markings or additions shall be fullv binding on the parties as so modified and altered. In the event of anv conflict or inconsistencv among the terms of anv of the Contract Documents, the terms of the first -referenced Contract Document shall prevail to the extent of the inconsistencv. in the same order as thev are listed in Section 1.1.1. above, and in the event of "other documents" listed in Section 1.1.1 above, in the order so listed. except: (1) that a Modification shall take precedence over that portion of anv other Contract Document which it modifies. (2) a change. addition, or deletion from the AIA form documents included in this Contract shall take precedence over anv conflicting or inconsistent language in such form, (3) in the event of duplications or conflicts among the Contract Documents relating to the aualitv of the Work to be performed. the most complete and detailed method of the Work and the highest qualitv materials and equipment (as determined by Engineer), as among the various duplications or conflicts, shall be construed as the reauirements, as long as generally consistent with the other Contract Documents and resolved in accordance with Section 3.2.2 below. and (4) with respect to conflicts or inconsistencies between the Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 10 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Specifications and the Drawings relating to the extent of the work to be performed. all work necessary for the execution of the Work (whether shown on the Drawings and not described in the Specifications, or described in the Specifications and not shown on the Drawings) and any work which is obviouslv necessary to complete the Work within the limits established by the Contract Documents shall be considered as part of the Contract, and shall be executed by Contractor in the same manner and with the same character and aualitv of material as other portions of the Work without anv increase in the GMP or extension of the Contract Time. A duplication of work is not intended by the Contract Documents and anv duplication specified shall not become a basis for extra cost to Owner. 41.1.2.2 The Contractor is independently responsible for obtaining, reviewing and coordinating the provisions of all of the Contract Documents, whether or not such documents have been delivered to the Contractor in connection with the reauest for bid, have been individuallv signed by the Contractor and Owner or have been Dhvsicallv attached to the Agreement or the General Conditions. provided, however. Owner must make such documents reasonably available to Contractor. In addition, the Contractor is responsible for reviewing all reports, investigations, test data and other documents relating to the Work and the Project Site that have been provided to the Contractor. The failure to review or obtain anv such document shall not relieve or excuse the Contractor from compliance with its terms or the terms of anv Contract Document. By execution of the Contract, Contractor represents that it has read and understands all of the Contract Documents and that it can and will comply with all of the provisions therein. 41.1.2.3 The Contractor's proposals and bid submittals in connection with the Project (including, without limitation, anv invitations, instructions to bidders issued by the Owner, as well as anv communications relating thereto). if anv. are not part of the Contract and shall not be the basis for anv claim by Contractor. All are superseded by the provisions of the Contract Documents. 4 1.1.2.4 The Contractor acknowledges that the Owner has or may enter into agreements with one or more lenders in connection with the Project (collectively, "Lender"), and that in connection with such agreements and financing, certain changes may be reauested by the Lender to this Contract, including the addition of provisions relating to certifications and reports from the Contractor to the Lender. The Contractor agrees that it shall comply with anv reasonable modification, reauest or reauirement of the Lender (including, but not limited to, reasonable reauests for documentation and certifications), provided such modification, reauirement or reauest does not substantiallv. materiallv or unreasonablv alter a material or financial term of this Contract (and subject to Contractor's _prior review and approval of such modification or request, which shall not be unreasonablv withheld). 1.1.3 The Work The term "Work" means the construction and services reauired by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, eauirment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a Dart of the Project. 4 1.1.3.1 Contractor shall Drovide, and as used in the Contract Documents the Work shall include, all labor, supervision, materials, fixtures, special facilities, eauiDment, tools, suDDlies, taxes, Dermits (including, without limitation, unless Drecluded by the Drawings and Specifications), building and other Dermit related inspections, and other DroDerty and services necessary to timelv and DrODerly Droduce all work and completed construction required or reasonablv inferable from the Contract Documents and all work, services and materials necessary to Droduce fullv connected, complete, operational and functional Project for the Owner as required by the Contract Documents. In determining what is reasonably inferable from the Contract Documents, all such documents shall be construed together, and shall not be read by separate trade areas or design divisions, and shall be interpreted as reauiring fully connected, complete, operational and functional systems. In this regard, Contractor acknowledges and agrees that prior to the date the Contract was executed. Contractor had various meetings with the Engineer and the Owner to: (a) review the Drawings and Specifications, as then DreDared by the Engineer. (b) discuss the scope of the Work required for the Project. (c) identifv and resolve issues and auestions regarding the scope of Work for the Project: (d) clarifv the intended nature and character of. the scope of Work for the Project. (e) further develop, describe, delineate and snecifv the Work: (f) DreDare cost estimates and take -offs and assess the cost of performing and constructing the Work as set forth in the Drawings and Specifications, as then DreDared by the Engineer: (2) identifv and evaluate value engineering, suggestions and alternatives, and (h) ultimately agree u_Don the GMP based u_Don Contractor's Darticipation in such meetings and discussions. 4 1.1.3.2 The Contractor acknowledges that it may be responsible, through the retention of certain design/build subcontractors who shall be under contract with the Contractor, for the final design and engineering of certain Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 11 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) elements of the Work for the Project (collectivelv referred to herein as the "Design/Build Work"). The Contractor further acknowledges that the Design/Build Work is set forth in the Contract Documents onlv in outline form. The Contractor agrees, however, that with respect to the Design/Build Work, it shall Drovide all work or services (of either an engineering or construction nature) necessary to Drovide the Owner with full, complete and operational systems, in compliance with all aDDlicable codes and industry standards, whether or not all such work is currentiv itemized in the Contract Documents in full and exact detail. The Contractor further agrees that the later refinement or description of the Design/Build Work, whether by written instruction or the issuance of further plans, specifications, directions or clarifications, shall not entitle the Contractor to any compensation in addition to the GMP unless such later description involves work of a materially different nature, character, scope or cost (other than refinement) than that set forth in the Contract Documents in existence as of the date of the Agreement. The Contractor agrees that the Design/Build Work shall comply with aDDlicable Laws, and with the reauirements and design concepts established in the Contract Documents. Anv completed or installed Design/Build Work, which does not so comply, shall be corrected, modified, repaired or replaced DromDtly and at no cost to the Owner. Owner agrees that by providing or furnishing Desian/Build Work, the Contractor is not holding itself out as an architect or engineer, nor practicing either of those professions. Contractor is merelv furnishing the services of others to the Owner through subcontractors, who are licensed or authorized architects and engineers, as applicable, and Owner shall not refuse to Dav anv portion of the Contract Sum on the basis that Contractor is not a licensed or authorized architect or engineer. Contractor shall require all subcontractors performing Design/Build Work to carry Drofessional errors and omissions insurance coverage in amounts reasonablv aDDroved in writing by Owner. Contractor expressly acknowledges and agrees that all drawings, plans, specifications, renderings, models, special art work and other work provided as part of the Contractor's or its Subcontractors' services in connection with the Design/Build Work required Dursuant to this Agreement, (collectivelv referred to herein as "Design -Build Drawings") shall be the sole proDerty of the Owner, whether the Project is executed or not, and shall not be used by anv person other than the Owner on _Dro_jects other than this Project. The Contractor specifically agrees to incorporate the provisions of this Section in all contracts for the services of subcontractors performing Design -Build Work. Owner agrees that Contractor may retain the original set of the Design -Build Drawings for record. Contractor agrees that the Owner shall have the right to use the Design -Build Drawings and the ideas and designs contained therein for the completion and construction of the Project, Owner's use, maintenance and repair of the Project, and for additions, alterations or future construction to the Project, without paving Contractor (or its subcontractors) anv compensation other than the amounts Davable to Contractor Dursuant to this Contract for services actually Drovided to Owner, or in the event of termination such amounts as are required by this Contract as a result of such termination. If requested, upon Davment of undisputed fees and expenses due and owing Contractor in accordance with this Contract. Contractor, within seven (7) days after the date of termination, shall deliver to Owner a complete set of all Design -Build Drawing_ s and specifications DreDared for the Project by Contractor and its subcontractors Drior to the date of termination. 1.1.3.3 The Contractor expressly acknowledges and agrees that during_ the prosecution of its Work under the Contract Documents, the Contractor will, and other third party contractors (including, without limitation, anv utility companies) mav, also be performing certain other work on or near the Project Site where the Contractor performs its Work under this Contract, including, but not limited to, housing construction work and/or site preparation work related to Phase I and/or Phase II of the Cavile Place development (collectively, the "Simultaneous Work"). With respect to the housing construction and related work for Phase II of the Cavile Place development (the "Housing Work"), Contractor agrees it shall be responsible for sequencing its Work under this Contract with the Housing Work (and anv other Dublic improvements and/or other work under anv Separate Contracts), including, without limitation, each Dhase or block of the Housing Work in order to ensure that, among other things, all Housing Work timelv commences and achieves Substantial Completion and Final Completion in accordance with the reauirements (including, without limitation, the reauired completion dates) set forth under the aDDlicable Separate Contract(s) and this Contract. The Contractor agrees to maintain close communication, and shall coordinate its activities and work seauence, with the contractors Derforming the Simultaneous Work so as not to adversely impact the Simultaneous Work or preclude the Simultaneous Work from being Derformed pursuant to the obligations of the contract documents relating to such work. In addition, the Contractor acknowledges and agrees that it has included in the GMP anv and all costs necessary to coordinate and seauence its Work while the Simultaneous Work is being performed on or adjacent to the Project Site. Accordingly, the Contractor agrees that the Simultaneous Work shall not constitute an Excused Delav (as that term is defined in Section 15.1.6.3) and the Contractor shall not be entitled to anv extension of the Contract Time, or for additional compensation or anv increase in the GMP, arising from or relating in anv wav to the Derformance of the Simultaneous Work, including, but not limited to. claims alleging that the Simultaneous Work delaved, impeded or accelerated the Contractor's Work, adverselv impacted the anticipated sequence of the Work, or caused the Contractor or its Subcontractors to sustain anv labor inefficiencies, all of which such claims, or anv other claims relating in anv Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 12 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) wav to the Simultaneous Work, are herebv expressly waived. Notwithstanding the foregoing, Contractor retains the right to make a claim for an Excused Delav pursuant to Section 15.1.6 below to the extent the critical oath of the Work is delaved by the Simultaneous Work and such delav: (a) is caused by third -party contractors in the performance of the Simultaneous Work: (b) could not have been reasonably avoided or mitigated by Contractor. (c) is not caused by Contractor, anv Subcontractor, or anv other person or entitv for whom Contractor or its Subcontractors are responsible: and (d) otherwise constitutes an Excused Delay... § 1.1.3.3.1 Without limiting the foregoing, the Contractor further expressly acknowledges and agrees that during the prosecution of its Work under the Contract Documents. Contractor may be performing, under a separate contract or contracts (collectively, the "Separate Contracts"). housing construction, site preparation, utilitv work, and other work related to the foregoing, together with anv such other work as may be agreed upon by the parties, on or near the Project Site and related to this Project (all of the foregoing work is collectivelv referred to herein as the "Contractor's Separate Work"). Contractor acknowledges and agrees that it shall be responsible for seauencing its Work under this Contract with the reauirements of the Separate Contracts. In this regard. Contractor acknowledges and agrees that the schedule for performing Work hereunder is sufficient to allow Contractor to timely discharge Contractor's obligations under the Separate Contracts and vice -versa. The Contractor shall coordinate its Work hereunder with all of the Contractor's Separate Work, so as not to adverselv impact the Contractor's Separate Work or preclude anv such work from being performed pursuant to the obligations of the Separate Contracts, or to adverselv impact Contractor's Work under these Contract Documents. In addition, the Contractor acknowledges and agrees that it has included in the GMP all costs necessary to reasonablv coordinate and seauence its Work hereunder with the Contractor's Separate Work. The Contractor agrees that the Contractor's Separate Work and the performance thereof shall not constitute an Excused Delav (as that term is defined in Section 15.1.6.3) and the Contractor shall not be entitled to anv extension of the Contract Time, or for additional compensation or anv increase in the GMP, arising from or relating in anv wav to the performance of Contractor's Separate Work, including, but not limited to, claims alleging that such work delaved, impeded or accelerated the Contractor's Work hereunder, adverselv impacted the anticipated seauence of the Work hereunder, or caused the Contractor or its Subcontractors to sustain anv labor inefficiencies, all of which such claims, or anv other claims relating in anv wav to Contractor's Separate Work, are herebv expressly waived. S 1.1.4 The Project The "Proiect" is the total construction of which the Work performed under the Contract Documents may be the whole or a Dart and which may include construction by the Owner and by separate contractors. § 1.1.5 The Drawings The Drawings -"Drawings" are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, d;ag, aiw. schedules and diagrams. Drawings are intended to show general arrangement, design and extent of the Work and are partly diagrammatic. As such, thev are not intended to be scaled for measurements or to serve as ShoD Drawings, the responsibility for DreDaration of which shall be entirelv the Contractor's. Large scale Drawings shall take precedence over small scale Drawings and figures, dimensions and noted materials shall take precedence over graphic representations. Architectural Drawings shall take precedence in regard to dimensions when in conflict with mechanical/electrical or structural Drawings except for the size of the structural members. Before beginning anv Work involving dimensions that depend upon or are affected by existing conditions, the existing conditions shall be verified and shall take precedence over the Drawings with regard to dimensions. § 1.1.6 The Specifications The Spoe.ns "Specifications" are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service las4......eats of Se -vice "Instruments ofService" are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the AFEngineer and the 4r�kitaa"� Engineer's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 13 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) § 4 4 8 Initial Denisien Maker T-hz Z'I. DIi rD,.,.isien >`4ake - ;s the persen identified i the n ,. ee ft to r-eader initial d:oiriorir an Claims in fda- ee with See vi n ``,.2. Tke initial Peeisio n4. kef l not rA. 3 ., 3ar-ti lit-y to the Owner ef Geft4-ae § 1.1.8 Intentionallv Deleted. CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.2.1.1 The invalidity ,.f any provision f the CDmImof Do antr�-jhaR not invalidate the Contract or it� p;ovici�,nj. !fit is determinedthat any provisionof the r,,.,,...,,.tDocunicn�-^laces any law, , other -wise in ,.,l;a unenforre€able, ",on thy', prnuisimi ollkl bQ ru-iAea to the extent neeessary to Make that r&avision legal ,1 enfereeable. in stieh ease the Geft4r-aet Deetiffients shall be eenstmed, to the fullest &Aent pefmi4ed by law, to give ow n pa ce efAiar and p .Aron the per4aet Intentionally Deleted. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4 Intentionally Deleted. 6 1.2.5 The Contractor shall be solelv responsible for assigning or dividing the Work among Subcontractors as necessary to accomplish the proper and timelv completion of all Work, and shall reauire all Subcontractors to agree, in writing, to the Proiect Schedule. The failure of the Contract Documents to identifv the trade or tvpe of Subcontractor responsible for each or anv element of the Work or to assign or divide the Work to or among_ different Subcontractors shall not entitle the Contractor to anv additional compensation from the Owner. S 1.2.6 Anv variations reauired for conformance to the intent of the Engineer's drawings shall be made without additional cost and without an extension of the Contract Time. Where tight conditions or interferences develop, the Contractor shall confer with the Subcontractors whose work is affected to reach an acceptable solution. The suggested solution shall be submitted to the Engineer and Owner for review and approval. The Contractor is deemed to have taken into consideration that minor interferences will occur and it shall be understood that extras for necessary minor variations will not be considered. The Contractor and all Subcontractors shall verifv measurements at the Proiect Site. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The n-ehito, t and the n,-ehiteet , . pants shall be doomed the autl 3rr ar.a owners of thei f Fe eeti e Instruments of Service, including the Drawings and Specifications, and retain all cone en law, statutory,and o reserved—rightr. 1n h63 r InLU1^l>`monts of Service, including-c yrig7itC. Thu Contractor, Sube,,.,4...,,.tors Sub s„L.,.,.nt,..,,.tors and s pliar0 Al l not own or-uLaim a u3�p)rig-h4 in the instramen4s Su bmittal or diotri✓atian to meet official regulatory requirements or for other purposes in connection with the Projeet is not to Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 14 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) wed an-yl Viaata4n in derogation of the ^rehi*3A':,-3r Ax�hktaet's , „lt nts' reserved r ght other documents DreDared by the Engineer through which the Work to be executed by the Contractor is described shall not be used by anv Derson other than the Owner on Droiects other than the Project unless exDressly authorized in writing by both Owner and Engineer. The Contractor may retain one Contract record set. All conies of such Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Owner and Engineer on request, or upon completion of the Work. The Instruments of Service DreDared by the Engineer, and conies thereof furnished to the Contractor, are for use solelv with respect to this Project. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and suppliers are ,.,,granted a limited license to use and reproduce the aDDlicable Dortions of the Instruments of Service provided to them, subjeet o arq pirotaee6 establishedT/,mj-_mV.a Seel ons 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the -this Project outside the scope of the Work without the specific written consent of the Owner, ^ rehite^* and the Arehiteet's eonsttltafAs.Owner. S 1.5.3 As used herein the term "Provrietary Information" shall mean all information which the Contractor acquires from the Owner, or arises out of the Work on the Project and concerns the Drevent and future Dlans of the Owner, or pertains to the operations of the Owner's business, or to the use of the Project (ProDrietary Information shall not include information that is or becomes part of the Dublic domain except if through a disclosure in violation of this Contract.) The Contractor represents to the Owner that it has and emDlovs Dolicies and Drocedures, including, but not limited to, notices to its Subcontractors and their respective emDlovees, designed to Drotect ProDrietary Information and to Drevent its unauthorized Dublication and disclosure. The Contractor agrees that the Owner's ProDrietary Information shall be subject to such Dolicies and Drocedures. SDecifically. and in addition, the Contractor agrees that it will take reasonable measures to Drevent disclosure of such ProDrietary Information to anv third Derson and will not use anv ProDrietary Information other than on the Owner's behalf, except as the Owner may otherwise authorize in writing. The Contractor also agrees to take all reasonable Drecautions to safeguard anv documents which the Owner may suDply to it hereunder which contain ProDrietary Information. The Contractor may make copies of such documents to the extent and onlv to the extent necessary for the performance of its obligations hereunder. The Contractor agrees, upon completion of the Project, to return to the Owner or destrov all documents containing Proorietary Information. All Dublic relations matters arising out of or in connection with the Project shall be the responsibility of and be handled by the Owner. The Contractor shall not make anv announcement or publication in connection with the Project without the Owner's Drior written aDDroval. The Contractor shall have the right to include representations of the Project among the Contractor's Dromotional and Drofessional materials, only with the Drior written aDDroval of the Owner. Project signs visible from off the Project Site and disDlaved for the Durooses of advertising DarticiDation on the Project may only be erected if aDDroved in advance by the Owner in writing. 1.6 Transmission of Data in Digital Form give atiee to the other- pa-14ye sueh «&/.'xti -.aV 1' d.d to 7 ri'.,ng to the designated 0 entatiye of the pai4y to deliveredwhem the natiee is addressed and shall be deemed to liave beeff "ly served if in percaM,1.y mail, by eeuRief, ,-by eleetf ffie transmission if method for- eleetfenic treoumuissie ; of feAh in the ^ oo«..o«*.If the Darties intend to transmit Instruments of Service or anv other information or documentation in digital form, thev shall endeavor to establish necessary protocols governing such transmissions, unless otherwise alreadv provided in the Agreement or the Contract Documents. § 1.6.2 Notiee ofJz%in-\) w/lwa.,;,1�um 15.1.3 A, all k,2 provided in -writing a��i�►all ,cc deemed t,, ,,.,ve been duly jar-,vj only if delivered to the designated representative ofthe party to whom the notice is addressed by cert or (nail, or lvj ooufier providingroof of delivery -.Intentionally Deleted § 1.7 Digital Data Use and Transmission ��edl ab 11 « f .,,,, atie« .1....,,mentatio« in digital f:.fm The pat4iz 7/'ik u-sa ^tea Pe7ut%_,W. ^293JTM 2013, Building lafefina4iaa Modeling and i-k-J Da e_,ET si✓*� the Prot,., als for- the development, as--N Wanamican, and e*ehaage of digital data. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 15 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) § 1 9 Building Information Models Use and Relianne A use of-, el; c cr., z)! o a f Documnat E203IM 2013, Building r«F ,.m atio« 1,R, deliag-aa,1 )ig trd �14%4uT�lli�il!'j`,, and the requisite A T A r>eell... ent G202TM 2013,PFE. eet Building ref .FAatio Madeling Pfot,.eal � fr��L� rl o „�; _ o1„i _ .. H4 .,,.le Fisk and witheut liability to the athef pafty and its eofAfaetafs of eensultants, the atAar-s of-, or- eefftr-ibu�afs to, the building 1.7 Intentionally Deleted. 1.8 Intentionally Deleted. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the AA rl--En2ineer does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. $ 2.1.1.1 The Contractor acknowledges that, in addition to the Engineer, the Owner may utilize its own personnel and may retain certain consultants to assist the Owner with respect to various aspects of the Project, including monitorine of the Contractor's Work. In this reeard, it is expressly understood that such oversieht services (or anv other consultne services performed by Owner's other consultants) shall not relieve, reduce or diminish Contractor's oblieations hereunder, nor in anv wav constitute a waiver or acceptance by Owner with respect to the same. Anv consultants retained by the Owner are solelv advisors to the Owner and shall not have authoritv to act as a representative or aeent of Owner or to act on behalf of the Owner in connection with the Project or the Contract unless specifically so indicated to the Contractor by the Owner in writine. The Contractor aerees to cooperate with, and make the Work accessible for review and observation bv, the Owner's personnel and anv consultants hired by Owner. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen L� hdays after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site -,-Project Site, and the Owner's interest therein. § 2.2 Evidence of the ^w Wo Finciwia:rrangementslntentionaliv Deleted. § 2.2.1 Prior to eommeneemen4 of the Work and upon written request by the Contractor-, the Owner shall fumish to the Eam'smoto roar, noble evidence that the n.,,., or 1uC made--ftnctwia arrangements to fulfill the Owner's obligations de f the G f..aet The Gen4r-,.e have moAk- .xAtil the Owner- provides stteh evidence. if , o 0 ent of the W 4 is delayed tinder this Seel; on 2.2.1, t1-a Gen4r-ae Timc rhtal ba extended y,Intentionally Deleted. § 2.2.2 under- the Gefitr-aet only if(!) the Owner- fails to make paymeffts to the Gea4faeter- as the Gefi#aet Deetiffieffts Fe"ir-e-, (2) the Gafftraetaf idefftifies in writing a reasonable eaneem regarding the Owner's ability te make paymef4wheft due-, or (3) ., ,.>,. nge in the Work materially ,a,,,nges the ronbraot if the Owner fails to provide such evidences required, within fotu4een days of the Contractor's re"est, the Contractor may immediately stop the Work and, in event, shall ,notify the Owner that the Ax7ot?l IW✓f)t9p,,.o.] However-, ;f the request is made because ., change in the Work materially changes the Contract Sum tmder- (3) above, the Contractor may immediately stop only that portion of Work affected by the change until reasonable evidence is provided. if the Work is stopped under this Section 2.2.2, Grmtmet Titre shall b &A d r.Ve-cftMct trot Sewn a reinntiiMt 3f the !'entr-,,eta f's ro noble ewes of sht4,1,.w delay a* ^toct,-a,-, Y-Ul%f.+tter-est ., provided i the /'eatfaet r>,.,.,,.....en Intentionallv Deleted. § 2.2.3 A f*or the n, ne f a,,.,,isles e ,ideas e e-f 4,--orywzJ tYic Eaetion 2 2 the Ow- N, &.t).l n:n' materially • ithe,,. pfier-etiee .e the Geatfaet r Intentionally Deleted. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 16 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) § 2.2.4 " the ContractoF shall wp tlno imf6r,v,.,tio ^ ,.f:denti l and shall not disclose ;t t any other « However, the Gctt4cotar nwty diselese "ea witiaV inf ' , ineluding a „1,..oen , etker- foFfn e wmpulzaf y legal r o issued by a uFt , gevemmental entity, by , „14 n n or, :\3x7Jalt-ae4S-, reties S„b ,.t fete s :I d Vk. r -.mTlJ j wz, F/a�, uj. ,,•3 t actor and others ,. he need to know the , ,.to t ..f stfe4 Intentionally Deleted. § 2.3 Information and Services Required of the Owner § 2.3.1 r"'^�cccptt for pC-.vxitn and fees that are the rvap*s siSdit of the Contractor ,.,der the Contract Tl,,..,,ments gel ding those required , der Section 3.7.1, the Ow or aSall ace„ e and pay for necessary approvals, easements, assessmen4s and eharges required for construction, use or occupaney of permanent straefffes or for perrnanen4 changes inroxictiag faC Prior to commencement of the Work the Contractor may reauest in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only reauest such evidence if: (i) the Owner fails to make Davments to the Contractor as the Contract Documents reauire; (ii) a change in the Work materially changes the GMP. or (iii) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make Davment when due. The Owner shall furnish such evidence as a condition Drecedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materiallv vary such financial arrangements without Drior notice to the Contractor. § 2.3.2 The-Ownar shall rote at, =4iiteot 1Y.-Rilly licensed to practice architecture, or an entity lawfully p ^t;ein arehiteetwe, in the jurisdiction where the Projeet is located. That per -son or entity is iden4ified as the Arehiteet in the Agreement t and : referred t throughout the Contract Documents as if &:^^afar its num See Section 4.1. § 2.3.3 if the empl.,.., en4 f the Architect tect tw—n tnn ;w, the Owner shall employ ^ successor to ..,t,,.,,., the Contractor has no able obje^tio and ..,h olatw uti&r the Corti"ct Dae an G Adl ✓.0 thatvaf t'�ct.Intentionally Deleted § 2.3.4 The Owner shall furnish surveys deser-ibingand/or site Dlans DreDared by Owner's consultant(s) which shall include, building location(s), elevation benchmark(s), Dhysical characteristics, legal limitations and utility locations for the site e fthe Drejeet and ., legal deser-iptio ofthe 4t, Proiect Site, and a legal description of the Proiect Site that are to be identified in the Contract Documents. The Contractor shall be entitled to reasonably rely on the accuracy of information furnished by the Owner- but .,ha the Owner, as Drovided in the Contract, but shall Derform reasonable due diligence and exercise proper precautions relating to the safe performance of the Wefk-.Work and anv other verification reauired by the Contract Documents, including, without limitation Section 3.2.1 below. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable prenVtness-Dromntness after receipt of a written reauest from the Contractor to avoid delav in the orderlv progress of Work. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. All other copies of the Drawings and Specifications or other Contract Documents shall be at Contractor's sole cost and expense, which may be included as a Cost of the Work. 4 2.3.7 The Instruments of Service, including, but not limited to, the Drawings and Specifications for the Proiect, and anv survevs, soils and analvses, environmental testing and other information Drovided by the Owner to the Contractor concerning the existing conditions at the Proiect Site, will not be, or have not been. Derformed or develoDed by the Owner, but instead by independent contractors retained by the Owner. The Contractor may reasonably relv on such information, however, the Owner does not warrant or guarantee, and shall not be resDonsible for or liable for, the correctness, accuracv or completeness of anv such information or anv conclusions drawn therefrom by the Contractor. In the event the Contractor asserts a claim based on allegations that information Drovided by the Owner to the Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 17 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Contractor regarding existing conditions at the Project Site are inaccurate, the Contractor's sole and exclusive rights and remedies against the Owner arising out of or relating to anv incorrect, inaccurate or incomplete drawings and specifications, or other information relating to the Project Site, shall be an increase in the GMP, and/or an extension of the Contract Time, to the extent (if anv) permitted by the Contract Documents. However, nothing in the Contract Documents shall be deemed to prohibit Contractor's rights, if anv, directly against anv of Owner's independent contractors (not including Owner Representative), arising out of anv incorrect, inaccurate or incomplete drawings, specifications or other information prepared by them. The Owner shall reasonably cooperate with the Contractor in connection with its prosecution of claims directiv against Owner's independent contractors (not including Owner Representative) relating to anv incorrect, inaccurate or incomplete drawings, specifications or other information prepared by them unless Owner believes such claims lack merit. Anv and all legal fees and costs incurred in connection with the prosecution of such claims shall be the sole responsibility of Contractor. § 2.4 Owner's Right to Stop the Work if the r f,.aeter fails to , eet 3A mil, : ,,.-da-mee . it the 0 ents , fthe r f,.aet D,.,.,,me fits . been el:miaa4e.l. 1,oweyer- the :..l.r efthe llw..er- re stop the A not give e to e a„y e« the p a44 afthe /1.....er- to exefeiso tki6,r�gkt fef the benefit of the Centfaetef of any othef per -son of entity, exeept to the extent fequifed by See2.4.1 If the Contractor fails, within fourteen (14) calendar days of notice by Owner, to correct Work that is not in accordance with the reauirements of the Contract Documents as reauired by Section 12.2 or fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or anv portion thereof, until the cause for such order has been eliminated, however, the right of the Owner to stop the Work shall not give rise to a duty on the _Dart of the Owner to exercise this right for the benefit of the Contractor or anv other person or entitv. 2.4.2 The Owner, with or without cause, and in its sole and absolute discretion, may order the Contractor at anv time, to stop the work upon written notice, signed by Owner or by an agent specifically empowered by the Owner, including_ the Owner Representative, subject to the provisions contained in Section 14.3 of these General Conditions. § 2.5 Owner's Right to Carry Out the Work If the Contractor defaults or neglects or fails to continuouslv and diligently carry out the Work in accordance with the Contract De,...,..ents and F ils • ,:.>.:n a ten aer r�fDocuments, including, without limitation, the Project Schedule and fails within a ten (10) -dav period after receipt of written notice from the Owner to commence and continue correction of such default an such default, failure or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default loa. "_,A aotion by the Owner- andamounts charged to the Contractor are bothsubject a p/ma\ apr ,ya of the Architect andthe A rehiteet ma3� parc-uart ta-Sooti= 9.5.?, -rr.'t-hald or nullify a Certificate for Pay -, its whqk—or in pa, ., •ant r-easenably neeessary to reimburse the Owner- for- the eficiencies (either with the Owner's own forces or by hiring another contractor to perform the Work that the Contractor is failing or neglecting to carry out). In such case an appropriate Change Order shall be issued deducting from Davments then or thereafter due the Contractor for the cost of correcting such deficiencies, including Owner's expenses and compensation for the AA eh4eeVTEnaineer's additional services made necessary by such default, neglect, or f :l.,re. if,.uF feat �-_R-4bal 1rwmaepts-failure and for attornevs' fees. If Davments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. if the Cont.actor ,1isagreon with the act1ons of the n..,.,er r the A rehiteet or the amounts claimed nG-joctr to the ll..,..er, the Ce,,traetor may file ., U--im r/arC-sart to Avg r icierT ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The rear"Contractor" is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 18 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the A Y�eet-Engineer in the A YsEngineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the &Project Site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. The Contractor shall be responsible to examine carefully all of the Contract Documents and all reports, investigations, test data and other documents relating to the Work and the Project Site prepared by the Engineer, the Owner or by the Owner's separate consultants, and provided to the Contractor, and will apprise itself with all other conditions relevant to the performance of the Work which are capable of ascertainment through a thorough investigation of the Project Site. The Contractor shall make its own evaluation and analvsis of the information relating to the Project Site and the Work during_ the _pre -construction _phase and shall clarifv and resolve all auestions or uncertainties relating to same. § 3.2.2 Because the !'o ntraet n,.,.,,,,,e„ts are complementary, the Co ntrae o 31 Ml, before starting each portion of the Work, carefully study and compare the various Contract Doeumen4s relative to that portion of the Work, as well as the n f ,.,,,..tie., A,r.,;she,1 by the n...,,er p nt to Seetio 2.3. I rJncV.l take Ae1.1 e e ef4s e f , e ist;fie eonditions related to that pet4ion of the WedE, and shall observe any eenditions at the site affeeting it. These puTose eF.1;, r itqaefisistefieies ;n the Ce t,-aet rl,.,...,.,. e ts; however-, the G,.nr faet,.,- shall d k,y m rude "ewa to the Ce.,faeter , a e est f f inn .-m..t: or. PY. mch fofm as the Afel i I t o o it ; reeognized thm the Ca t.-aete -'s review is made i the Cantraotar'G oapacity as ., contractor wnd notas „ l;,.e„se.l design ,.,.,,FO�['1�1R�,1�., mass otherwise specifically provided in the Contract Doe„ w ts During the construction of the Project, the Contractor shall review and compare the various current Contract Documents and anv changes or addenda thereto relating to each distinct aspect of the Work. If from the review and comparison of the Contract Documents issued to the Contractor prior to proceeding with the affected Work, Contractor becomes aware of a conflict, inconsistencv or ambiguity in the instructions applicable to such Work, the Contractor shall promptly report such inconsistencv. conflict or ambiguity to Owner and shall secure written instructions from Owner prior to proceeding with the Work affected by or involving such inconsistencv, conflict or ambiguity. If the Contractor proceeds with such Work without first giving Owner notice thereof and being ordered to proceed therewith by Owner, or if, in connection with the construction the Contractor proceeds with Work that it actuallv knows, or reasonablv should know, contains or involves an inconsistencv, conflict or ambiguity or that violates an applicable Laws without first giving Owner notice thereof and being ordered to Droceed therewith by Owner, the Contractor (without anv increase in the GMP) shall be responsible to the Owner for anv delav therewith and for all costs, damages or losses suffered by the Owner as a result of anv Work SO Derformed by the Contractor. § 3.2.3 Anv design errors or omissions noted by the Contractor during this review shall be reDorted DromDtlV to Owner and Engineer, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design Drofessional unless otherwise sDecifically Drovided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable la », cAntlutaes-, er-dinanee. e,1es .-.,lei and a „l. tiorzz e�s�f� E-a�rtl3e ties, Laws, but the Contractor shall promptly report to the A rat -Engineer and Owner any nonconformity discovered by or made known to the Contractor as a request for information in such form as the A+ehiteett-Eneineer or Owner may require. § 3.2.4 a itttfruc�.1,3s-the A rehiteet ; e e e t,. the r+,..4ra6ter'S .,eti,.eS Or e emits for- iffil the Ce„tr.,m,.t L t Claims as pfevided in Aftiele 15. if the Centraetef fails to per-fefm the obligations -of ar a v�t��. Sections 3 7 7 or 3.2.3, the re„tr., ar LhW.1 a, such costs anddamages to the ll.. per- subject to Seetion 1 G 1 '7 ., would have been avoided if the Contractor- had performed such obligations. if the Contractor performs those obligations, theContraetcx Nlidl not he liable to the Owner- , Architect for .1.,,vages raaulting rT'Gm onwo, ineonsistene* . . s in the Contract Documents, for differ-ences between field measufements or conditie ,,7urcd the Contriot D-,,.,,ments r for .,Foit'nh:,.w3 of the Contract il,.,.,,me.,ts to Cb��IIJQIJ' ��I11, aw'tut a, -A y/ab;,�j ax*&r4�.Bv executing the Agreement, the Contractor represents that it has visited the Project Site, has carefullv examined all of the Contract Documents upon which the GMP is based (copies of which shall be provided to Contractor by Owner Drior to the Darties execution of Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 19 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) this Contract), has reviewed all information, data and documents regarding the conditions at the Project Site made available to the Contractor by the Owner Drior to the execution of the Contract, or of which the Contractor otherwise was, or reasonablv should have been, aware, and has acquainted itself with all other conditions relevant to the Work. Based on the foregoing, the Contractor shall not be entitled to anv increase in the GMP or to anv extension in the dates for Substantial Completion or Final Completion because of. and assumes full and complete responsibility for, all risk (including, without limitation, risk of loss) in connection with the Work caused bv, anv obstructions, difficulties or conditions at the Project Site disclosed by the information made available to the Contractor by the Owner Drior to the execution of the Contract, or of which the Contractor otherwise was, or reasonablv should have been, aware, and/or was discoverable by a reasonablv Drudent visit to and visual examination of the Project Site Drior to the execution of the Contract. The Contractor agrees that, in the event an obstruction, difficultv or condition is encountered at the Project Site, which the Contractor contends was unforeseen and not reasonablv anticipated (subject to the foregoing). the Contractor shall promptly notifv Owner of such condition, and in no event later than three (3) days after its discovery, and thereafter shall meet with Owner and Engineer to discuss recommendations and alternatives for responding to the condition and minimizing its impact on the GMP and/or dates for Substantial Completion or Final Completion. The Contractor shall Derform no Work involving or affected by such condition until after notifving Owner and receiving specific directions from Owner as to the performance of such Work. The failure of the Contractor to notifv Owner of anv such condition within three (3) days of its discovery as reauired by this Section shall constitute a waiver by the Contractor of anv claim for an increase in the GMP and/or extension of the dates for Substantial Completion or Final Completion as a result of such condition and shall mean that the Contractor shall perform all Work involving or affected by anv such condition without anv increase in the GMP or extension of the dates for Substantial Completion or Final Completion. If an obstruction, difficultv or condition is one which was not disclosed to the Contractor as set forth above, then the Contractor (provided notice has been timelv given as reauired by this Section) shall be entitled, as its sole and complete remedy, to an increase in compensation calculated pursuant to Section 15.1.5 herein, together with an extension of the dates for Substantial Completion or Final Completion, in accordance with Section 15.1.6 below, measured by the number of days or portions thereof, if anv, that the Substantial Completion or Final Completion of the Work is actuallv delaved as a direct result of the existence of the obstruction, difficultv or condition. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill andfattention in accordance with the Contract Documents. 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 under the Oontfat.Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and-,h band, except as stated below, shall be fullv and solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely netiee to the Owner- apElAr-chitest, and :,dal rrvopase ahem 4ive means,methods teehai „es se"emees, of pfeeedures. The A, -eh tees 7h�)fllzial.-j e the pfopesoa .,ito.-.,..tiye seleiy f e enf;,.-,ti,a-mee w tl. the aun�g— „tort for the , plete 1+S*4Q1,iaq. U .lass-t13eAr-chitest objects to the C-entfaster's pfoposed altemmive,e . written notice to the Owner and Engineer, and shall not Droceed with that Dortion of the Work without further written instructions from the Engineer and Owner which are acceptable to the Contractor. The Contractor acknowledges and agrees that neither the Owner or the Engineer nor anv consultant hired by the Owner, are under anv obligation to inspect the Work or discover defects or deficiencies in the Work. The inspection, observation or acceptance of the Work by the Owner or the Engineer or anv consultants retained by Owner shall not in anv wav constitute an acceptance of defective or improper Work (unless specifically so stated by Owner in writing) and shall not make the Owner or Engineer or such consultants responsible for means, methods, seauences or techniques used to Derform the Work, which items shall remain the sole responsibility of the Contractor. Similarly, the failure of the Owner or the Engineer or anv such consultants to discover or give notice of anv defects, deficiencies or other problems in the Work shall not constitute a waiver or acceptance thereof and shall not in anv wav affect, or reduce the Contractor's responsibilities to Derform the Work consistent with the terms of the Contract Documents. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, under the direction of, or on behalf of, the Contractor or any of its Subcontractors. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 20 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 4 3.3.4 The Contractor shall perform the Work in a skillful and competent manner in accordance with aDDlicable standards of the construction industry and the Contract Documents. The Contractor shall be responsible to the Owner for anv defects in construction and failure to perform this Contract. All Work shall be performed onlv by appropriately skilled Dersonnel, trained and experienced, and familiar with the materials and methods indicated or specified, and familiar with the manufacturer's recommended method of installation and all aDDlicable codes. ordinances and industry standards aDDlicable to the construction of the Work. 4 3.3.5 Beginning with the commencement of the Work, the Contractor shall hold weeklv Drogress meetings at the Project Site, or at such other time and Dlace as is acceptable to Owner. At such meetings, the Droaress of the Work shall be reDorted in detail with reference to the Project Schedule, and all Droblems or other issues relating to the Work shall be discussed and resolved. Each Subcontractor then performing work on the Project shall have a competent representative available upon Owner's reauest at each weeklv meeting to reDort on the condition of his work and to receive information regarding the Derformance of future work by the Subcontractor. The Contractor shall Drovide Owner and Engineer with at least three (3) days Drior notice of anv meeting held Dursuant to this Section and shall allow Owner and the Engineer to attend and DarticiDate in each such meeting. The Contractor shall keep minutes of each meeting held Dursuant to this Section and shall circulate the minutes of each meeting to Owner. Engineer and all Subcontractors (and other Berson as may be aDDrODriate) no later than five (5) working days after the meeting is concluded. 4 3.3.6 Contractor acknowledges and agrees that the Project is adjacent to occupied sites, including the Existing Housing (as defined in Section 15.7.13 of the Agreement) and that, accordingly. in connection with Derformina the Work. Contractor and the Subcontractors will use onlv those routes Drescribed by Owner for the Work (including. without limitation, for Contractor's and Subcontractors' trucks and other eauipment, their Dersonnel and for access to the Project Site generally) and/or as otherwise permitted or reauired by the Contract Documents. and that Work will be done only during approved construction hours, which may be extended by aDDroval of Owner. Contractor and the Subcontractors will at all times cause the roads near the Project Site to be free of construction dirt, trash, debris, or other materials to the extent the Work causes anv of the foregoing items to be _@resent on such roads or on the site adjacent to the Proiect Site. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 R*eept it the , o W- minds-_,har.ges i the We fk approved by the n-ehiteet i aeeerdanee . ,4 See fi n 342.8 of e_defed by the ^ fehiteet in aeeardanee with Seetio 7 ^ *he The Contractor may make substitutions only with the consent of the Owner, after evaluation by the "T Engineer and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. Contractor agrees that it shall comDly, in all respects, with all rules, regulations and other reauirements established by Owner with respect to the Project Site. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. The Contractor shall not permit smoking_. inside anv structures at the Project Site at anv time. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and ^ T 4-Enaineer that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents requi or Vzrt. defects. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 21 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) required by the "r-,--Engineer or Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All 6� -r(w2 \-Ai3c,- name of the n.,...v-- z-haR ba ,Fans f ~able to the n., y arzJ rAzl)1 c o o in er-d -nec wivk Eza T manufactured articles, materials, and eauipment shall be stored, applied, installed, tested, connected, erected, used, cleaned and conditioned by the Contractor as directed by the manufacturer unless otherwise specified. In addition to the warranties provided for in Section 3.5.1 of these General Conditions, the Contractor represents and warrants to Owner that all Work, materials and eauipment furnished under this Contract shall conform to the Contract Documents and will be free from faults and defects in workmanship or materials. All Work not conforming to these standards shall be considered defective. Further, the Contractor agrees that all guarantees or warranties of eauipment or materials furnished to the Contractor or Subcontractors by anv manufacturer or supplier shall be deemed to run to the benefit of, and are herebv assigned to. the Owner. 3.5.3 Subseauent to Substantial Completion of the entire Work or anv applicable designated portion thereof, and prior to the Owner's initial use of the Project, the Contractor shall schedule and conduct with the Owner a complete review and operational demonstration of all eauipment and mechanical and electrical systems installed by the Contractor on the Project and shall also review the operation and maintenance of such systems with the Owner's maintenance personnel. This review and demonstration shall be scheduled and coordinated with the Owner to coincide with the Owner's first full use of each piece of eauipment or each system involved. Prior to this review and demonstration, and until Owner notifies the Contractor otherwise, the Contractor shall be responsible for the maintenance and operation of the systems, and the Owner shall not be deemed to have accepted the Work for the purposes of the Contractor's warranties and exclusions thereof in Section 3.5.1. Subseauent to this review, the Contractor, at no cost to the Owner, shall promptly make all adjustments or corrections and shall balance all systems in order to make all eauipment and systems perform as reauired by the Contract Documents. If necessary or reauested by the Owner, the Contractor shall reauire the Subcontractor, supplier or materialman responsible for anv such ea_ui_pment or system to participate in the review and/or perform anv reauired adjustments, corrections or balancing. 3.5.4 All warranties provided in the Contract and all provisions for correction of Work in Article 12 shall include Work of Subcontractors. Limitations on warranties and limitations on the Contractor's obligation to correct Work shall not apply to latent defects in the Work nor to any specific warranties contained in or reauired by anv of the Contract Documents. Failure of manufacturers to guarantee products will not relieve the Contractor of its obligations under this Contract. The Contractor shall not be reauired to warrant a product that the manufacturer will not warrant due to its application as specified in the Contract Documents, provided the Contractor gives the Owner prompt written notice of such fact upon learning of the manufacturer's position (in which event the Contractor should not proceed with the application directed by the Contract Documents until receiving further direction from the Owner and Engineer). Subcontractors shall warrant their work to the Owner and Contractor. The Contractor shall be responsible for anv costs or expenses arising in connection with or as a result of anv defective and/or nonconforming Work, including, without limitation, the fees for anv additional professional services of the Engineer necessitated therebv. Notwithstanding anvthing to the contrary herein. Contractor shall have no liabilitv for the failure of anv product or eauipment specified by the Owner unless such failure is the result of the Contractor's defective and/or non -conforming Work. 4 3.5.5 The warranties provided in Section 3.5 of these General Conditions are not limited by the provisions of Section 12.2.2 of these General Conditions. In addition, all warranties provided in Section 3.5.1 of these General Conditions or elsewhere in the Contract Documents shall survive anv termination of this Contract by the Owner with or without cause. 4 3.5.6 In addition to all of Contractor's warranties and obligations to correct defective Work provided by law or as set forth in anv of the Contract Documents, the Contractor agrees, upon notice from the Owner, to pav for and, if reauested, correct, repair, restore and cure anv damage or iniurv, whenever the same shall occur, resulting from anv defects, errors, omissions or failure in workmanship or material, and to defend, indemnifv and hold the Owner Indemnitees harmless of, from and against anv and all claims, losses, costs, damages and expenses suffered by the Owner as a result of such damage or iniurv. whenever such damage or iniury shall occur. This defense. indemnification and hold harmless obligation shall survive acceptance of the Work and completion or termination, with or without cause, of the Contract. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 22 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) & 3.5.7 The commencement in terms of the guarantees and warranties reauired by the Contract Documents shall not, in anv manner, be affected by anv delav in the commencement, _nro2ress or completion of the Work, reiardless of the cause therefor. & 3.5.8 Notwithstanding anvthing to the contrary contained herein with respect to warranties, it is understood and agreed that foregoing warranties shall not affect, limit or impair the Owner's rights against the Contractor with regard to latent defects in the Work which do not appear within the applicable warrantv period and which could not, by the exercise of reasonable care and due diligence, be ascertained or discovered by the Owner within such warranty period. The Contractor shall promptly correct and cure anv such latent defects which are reported to the Contractor by the Owner in writing. § 3.5.9 Contractor agrees that all warranties hereunder shall be deemed to run to the benefit of, and may be assigned to, the successors in interest to Owner and/or anv tenant of Owner. § 3.6 Taxes The Contractor Contractor and each Subcontractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into e€fest.effect and shall vav all taxes measured by the wages of its emplovees and anv business privilege taxes. Notwithstanding the foregoing, it is acknowledged and agreed that the parties intend for the transactions contemplated by this Contract (including, without limitation, all transactions wherebv anv Work is provided by Subcontractors in connection herewith) to be exempt from the obligation to vav such sales, consumer, use and similar taxes, and, in recognition of such exemptions, the parties agree that Contractor shall not charge Owner anv such taxes for anv otherwise taxable items that Contractor or anv Subcontractor provides directiv or indirectly to Owner. In the event Contractor receives notice that any governing authoritv challenges or questions the tax exempt status of the transactions undertaken pursuant to the Contract, Contractor shall immediatelv notifv Owner and further agrees to cooperate with Owner as it may reasonably reauest from time to time in order to protect and preserve the tax exempt status of the transactions that are the subject of this Contract, provided, however, to the extent the governing authoritv and Owner determine such tax exempt status does not apply to the Work, in whole or in part, upon written reauest of Owner, Contractor shall pav such taxes and, except to the extent such taxes arise from Contractor's or any of its Subcontractors fault or breach of contract, Owner shall, subject to the GMP, reimburse Contractor for the cost of such taxes. The Contractor shall defend, indemnify and hold the Owner Indemnitees harmless (including, but not limited to, the pavment of attornevs' fees), from all such taxes that are not paid by Contractor. This indemnification, hold harmless and defense obligation shall survive acceptance of the Work and completion or termination, with or without cause, of the Contract. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless Contractor shall nav for, and secure, anv reauired excavation and/or grading permits. In addition, unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies neeev_%T—for all other permits (including, without limitation, anv trade permits), fees, licenses and governmental inspections necessary for the proper execution and completion of the W30k- that wa c ."t,.m -ily se rod after- " ett4ie of the Ge tmt arrd !aga "t the time bids " e o e ,oa E negotiations " ekwkea.Work, including, without limitation, all state and local use fees and permits, all utilitv connection and tap fees. § 3.7.1.1 The Contractor shall be responsible to prepare the Project Site and coordinate closelv with all utilities, public and private, for installation of utilities and related services at the Project Site. Contractor shall provide to Owner copies of anv and all correspondence to or from the utilities. In addition, within thirtv (30) days of commencement of construction on the Project, the Contractor shall provide Owner notice of anv fees, deposits or letters of credit which the Owner is reauired to vav or deposit with a utilitv in connection with the provision of services to the Project Site. § 3.7.2 The Contractor shall comply with and give notices required by applicable lame, c"tute", ordinance" codes, rules and regulations, and in fal orders .,Fpublic auth r t: oo aMliaaEa t performance of the urork.Laws, including. without limitation, lawful orders of public authorities and public and private utilities. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable kr»ofazt lw_, ordinances node" pules and r-egulations, or lawful orders of publie Laws, including, without limitation, lawful orders of public authorities and public and private utilities, the Contractor shall assume appropriate responsibility for such Work and Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 23 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) shall bear the costs attributable to coffeetion. correction. provided, however, it is recognized that Contractor's review of the Contract Documents is made in Contractor's capacity as a contractor and not as a licensed desien professional, unless otherwise required in the Contract, including, without limitation, Articles 1 and 3 of these General Conditions.... § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site—Proiect Site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents and which were not, and could not have been, discovered followine the examination and review set forth in Section 3.2. or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the AA r�e4-Eneineer before conditions are disturbed and in no event later than 44three (3) calendar days after first observance of the conditions. The A r-ehiteet wi l „rams„ iave,*iga4e s,,,.h «,1:t: ,.«.. «,1 ;f the A.-„h;to,.t ,70t0,.....;«os d.,♦ they ,1:FFi1 iiei ' ,:),Iy .,. c a . iac7.-aseor- deer -ease in the CePA -. ete ees 4 Owner, in consultation with Eneineer, shall determine whether an increase in the Contractor's cost or time required for, performance of any part of the WeAE, will reeemmend thm an equitable ...1;,,..rme fft be m to in the GaPAFaet Sum or Geatfaet Time, or- both. if the Ar-ehiteet detefmiaes that the eanditiens at the site are a materially different ftem these indieated in the Gentr-aet Deetiments and that no ehange in the tefms of the Cen4faet is justified, the Arehitoot,,D�?l V. amptly notify the Owner and Contractor-, stating the reasons. if either party dispu4es the Architect's reeommend 0Dii, txkat pwv submit a CA.m w pro•�1Aed i Article 15.Work is warranted and shall within a reasonable amount of time issue a CCD to address these issues. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and AA rt-Eneineer. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the r'e�GMP and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Com*_-& Said GMP all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site - Project Site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site-,-Proiect Site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract but not in the allowances; and .3 whenever costs are more than or less than allowances, the Copts^♦ Sum GMP shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. promptness so as not to delav the Droeress of the Work. § 3.9 Superintendent § 3.9.1 The Contractor shall the Project site ,1,,,.ing performance of the Work. The s ntendent prior to the start of construction and subject to the approval and aereement of Owner, designate one (1) individual to serve as its "Proiect Superintendent." The Project Superintendent so designated shall be DrinciDally responsible for coordinatine the Work on the Project and shall be present on the Project Site as appropriate durine each day when the Work is beine performed in order to ensure the timelv and DroDer performance of such Work. If the Project Superintendent is not Dhvsicallv Dresent on the Project Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 24 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Site for any extended _period, he shall be available by telephone and paging device to respond to emergencies, problems and auestions as they arise. The Project Superintendent shall communicate with the Contractor. Owner, the Engineer, and all other persons involved with the Project as necessary to accomplish the timely and proper completion of all Work on the Project. The Project Superintendent shall represent the Contractor, and communications given to the super-if4ead&4 Project Superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. § 3.9.2 , as seen as pfaetieable af4eF awai-7d of the Ceatfaet, shall notify the ONN%er- and Ar-ehiteet of the superintenden4 or (2) re"ires additional time for rev . Foilura of the A rehiteet to provide noti a within the 14 day pL\«iod o'rall a-_xttitutc�natiee of noreasonable objectio Intentionally Deleted. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or AA meet -Engineer has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's aial LAall t�t�anr�a azrak�r,�o withth0a^Project Superintendent without the Owner's consent, and no new person may be designated as Project Superintendent without the prior approval and agreement of Owner, except in the event that the person designated as Project Superintendent is no longer employed by Contractor, in which event the new person designated as the replacement Project Superintendent shall be subject to Owner's approval. § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 The Contractor, provW.ly after been. awarded the Gent..^^t, NkaJ? rra'a�it F�y,�t�'a and Ar s «f r.-.,..,tion ., !'ewi-7.,ete f's a nstmetio., sehed le f r the Ax a k. Tk---je .dine shall e detail etai1 a ate f r ♦l. , Prc�j-_\t, m3luinterim schedule miiestone dates, and the date of Substantial ('',..v,,.loti.,. , (2) .x„1 .�,..�, p„rt;r ent of the Work by a nstr.,etion activity; and(3) the time required f r completion- of each portion n- of the Work. The schedula Dhall y&avi ^ for the orderly progressionof the Work to completion and shall not o ^oft times limit; Gwent -antler the Contra^* T'^eument. Tke mxk within seven (7) days of the first scheduled draw, shall prepare and submit for the Owner's and Engineer's information and approval a Contractor's construction schedule for the Work (the "Proiect Schedule"). An initial Project Schedule is attached to the Agreement as Exhibit E. The Project Schedule shall not exceed time limits set forth in the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work ^sand Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work as reauired to complete the Work within the Contract Time and as reauired by the Contract Documents. § 3.10.1.1 The Contractor shall, on each business day. prepare a daily force and activity report on a form approved by Owner which Contractor shall make available for Owner's review, copying and inspection at all reasonable times. § 3.10.2 The Contractor-, promptly after beiftg-.2exura^a the Contra Contractor shall prepare and submit a submittal schedule for the Engineer's and Owner's approval, promptly after execution of the Contract, and thereafter as necessary to maintain a current submittal Vie, stall 541-41ti`-a at1.,mi*),<;ahed le for the A rchiteet's approval. The Architect's approval ahall not be unreasonably delayed o: will-AAd schedule. The submittal schedule shall (1) be coordinated with the Ecr tractor'o egnstraction schedtk—, Project Schedule, and (2) allow the A r t-Engineer reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Cet+<ract ✓Atlr_ the GMP or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most ro^^fft seh dts rvabw/tt^at the Owner- and A reh4eet.Proiect Schedule and as required to complete the Work within the Contract Time and as required by the Contract Documents. The Project Schedule shall be maintained and updated monthly (or more frequently if Owner determines that it is necessary) in such form (e.Q., bar chart, CPM) and shall contain such information as Owner and Engineer request. In addition, if requested by Owner or Engineer, the Contractor shall provide such additional information (such as daily_ force and activity reports, material purchase and delivery status reports and reports of progress against schedule milestones) as Owner or Engineer deem necessary to monitor the status of the Work and respond to any delays thereto. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 25 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) § 3.11 Documents and Samples at the Project Site The Contractor shall.. aka available, a4 the Pfejeet site, the GafA act r,,.,.•.ments ekw1 ng maintain at the Project Site for Owner, one (1) conv of the Drawings, Specifications, Addenda, Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one (1) conv of the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be y o, pKar- eapy,-a-Nvi' .-_ to the n, ehiteet and Owner-, and delivered to the Arehiteetavailable to the Eneineer and shall be delivered to the Eneineer for submittal to the Owner upon completion of the Work as a record of the Work as constructed. In addition, Contractor shall deliver all submittals to Owner electronically. At the conclusion of the Work on the Project, these marked drawings shall be eiven to the Eneineer and may be used by the Eneineer in connection with Eneineer's review and approval of the as -built drawings, delivered by Contractor showing all construction work performed on the Project as set in Dlace during construction and revised to show the foregoing information and all chances made durine construction from the orieinal drawings. The Contractor shall be responsible and liable to the Owner for accuratelv and completely recordine all the information required by this section on the marked set of drawings and shall, at no cost to the Owner, review the as -built drawings with the Eneineer to verifv that this information has been accuratelv incorporated in the as -built drawings. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shy; Jw.-�.Xrg&-"Shop Drawings" are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 Droll "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 &amyJzjo "Samples" are physical examples that illustrate materials, equipment, or wmkmarzohip, workmanshiD and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, Sameles and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the ^+ -Eneineer is subject to the limitations of Seetien 4.2.7. Section 4.2.7. Informational submittals upon which the ^ +t--Eneineer is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the ^ r�et-Eneineer without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the ^ rt-,-Eneineer, with a coDv to Owner, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the ^ T�el-Eneineer and Owner or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors.of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and aDDroved by the Contractor may be returned by the Engineer without action. The Engineer shall have no oblieation to review anv submittal from the Contractor unless the actions required by this Section 3.12.5 and Section 3.12.6 have been taken and the submittals have been reviewed and marked by the Contractor to indicate field conditions. DroDosed deviations from the Contract Documents and anv other matters affectine design intent. The Contractor shall be responsible to the Owner for all costs and delays caused by the Contractor's failure to comely with the Drovisions of this Section 3.12.5 and of Section 3.12.6 below. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and ^ rt-Eneineer that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 26 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the AA ��et-.Engineer. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Ms -Engineer's approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the AT -Enaineer of such deviation in writing at the time of submittal and (1) the ATEngineer has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the AA TehsEngineer's approval thereof § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the AA rt---Engineer on previous submittals. In the absence of such written notice, the AA rTEngineer's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Excent as set forth in Section 1.1.3.2. the Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable la'A-Laws. § 3.12.10.1 To the extent the Work reauires that Drofessional services are to be Drovided. Contractor represents that it or its Subcontractors can Drovide such services in conformance with aDDlicable Laws. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the AA ��et-Engineer will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to reasonablv rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by ar ova nroDerly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the AA .. Engineer. The Owner and the AA r t-Eneineer shall be entitled to rely upon the adequacy and accuracy and comDleteness of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and AA +t-Enaineer have specified to the Contractor tall performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the A..ehiteet will feviev, �Engineer will review. approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 , t)mm kto Wank kar baen per -formed to we 1^« o ..,:N N,o design erne..:. the Camxvotar fum&,h LCIs h certifications to the A..ehiteet at the time and in the f specified by the A,.ehito,.+.Intentionally Deleted. § 3.13 Use of Site codes,The Goatr-aetaf shall eenfine oper-a4ions at the site to areas permitted by applieable laws, statutes, ordinances, Pales and u4l^ . r, Writ! o-defs ofpublic authorities, and the GefA.aet Tl,.,.timents ..n,1 shall not , eneumbef ♦he �:ro ;.— 141A17 1 U 7 zquipmeff t. 3.13 Use of the Project Site § 3.13.1 The Contractor shall confine operations at the Project Site to areas Dermitted by aDDlicable Laws and the Contract Documents and shall not unreasonablv encumber the Project Site with materials or eauiDment. 3.13.2 The Contractor shall be solelv responsible for all material or eauiDment stored by it or by anv Subcontractors on the Project Site. Beginning with the commencement of construction and continuing_ through Final Completion of the Project, the Contractor shall be responsible for the security of the Project Site, including all tools, materials, Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 27 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) equipment and completed Work on the Project Site. The Contractor, without anv increase in the GMP, shall take such actions as may be necessary to maintain such securitv, includine, but not limited to the erection of temporary security fencine around the Project Site. The Contractor shall properly safemard and store anv combustible material necessary to the Work so as to protect aeainst the possibility of fire or other damaee. The Contractor shall be solelv responsible for all damaee, cost or expense caused by the use or storaee of combustible materials at the Project Site, except and only to the extent that such damaees, costs or expenses are actually paid by applicable insurance. The Contractor shall provide temporary weather tieht enclosures for all exterior openines, as soon as walls and roof are built and to the extent necessary to protect the Work from weather conditions and to allow the Work to be performed within the Contract Time and the reauired dates for Substantial Completion of the entire Work or anv applicable desienated portion thereof, or Final Completion. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, er-�and patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, ef�and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a Separate Gefftr-aetaf separate contractor except with written consent of the Owner and of the Sepai..,te GaPA47aeter. Consent shall not be tmre.,.,,.a.,b'.. withheld. such separate contractor. The Contractor shall not unreasonably withhold, from the Owner or a , its separate contractor, the Contractor's consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At -For the Work to be considered Substantiallv Complete, the Project Site must be left in an orderlv and clean condition, all boxes, crates. etc. shall be hauled off of and awav from the Project Site at the Contractor's expense, and the Contractor shall present clean work to the Owner for acceptance. Prior to completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, ri,.,, hide.... %gym weA ak3tit the Dr-0jeet.machinery and surplus materials . In addition. Contractor shall at all times keep the Project Site and adjacent rights of wav clean and free of debris or blowine trash, cut and trim all Brass, remove weeds, and remove ice and snow as necessary to maintain a neat, clean and safe Project Site and adjacent rights of way. To the extent the Specifications require more strineent requirements with reeard to cleanine, the Specifications shall control. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the shall be entitled to roii k/apwr� wafter twentv-four (24) hours prior notice to the Contractor (and without reeard to the time for notice set forth in Section 2.5 of these General Conditions) and the cost thereof shall be chareed to the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner- and ^ -eh tees with Owner. Owner's Representative. Owner's consultants. Owner's lenders and Eneineer access to the Work in preparation and progress wherever located. The Contractor shall make personal safetv equipment available to anv such persons accessine the Project Site. All such persons shall strictly abide by all safetv reauirements of Contractor. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner- and ^ rehiteet, ..w,les defend, indemnify and hold harmless the Owner Indemnitees, includine, but not limited to, Davment of attomevs' fees from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or r-eh teet. Lrewe :F Eneineer. However, if the Contractor has reason to believe that the reauired design, process or product is an infringement of a copyright or lit is diseevefed by of made know" to, the CeHt"aAE)r atp ent, the Contractor shall be responsible for the less unless information is t^ the ^ reh teet.such loss unless such information is promptly furnished to the Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 28 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Engineer and Owner. This defense, indemnification and hold harmless obligation shall survive acce_tance of the Work and completion or termination, with or without cause, of the Contract. § 3.18 hideffinifieationINDEIVINIFICATION § 3.18.1 To the fullest extent permitted by law, the cNaD inde mify and hold harmless the Owner- A izehi`eet ^ rehiteet's ecryi-A Mos cum ontractor shall defend, indemnifv and hold harmless Owner, Owner's Representative, the Owner's lenders, investors and mortgagees, FW Cowan Place LP. FW Hughes House, LP, the Citv of Fort Worth (the "City"). The United States Department of Housing and Urban Development ("HUD"). Fort Worth Housing Solutions ("FWHS"). McCormack Baron Salazar, Inc., McCormack Baron Management, Inc., the Owner's consultants, the Engineer, the Engineer's consultants, and their respective general and limited partners, members, officers, directors, shareholders and affiliated companies, (including parent and subsidiary companies), agents, emplovees, representatives. successors and assigns (collectivelv "Owner Indemnitees") from and against claims, damages, losses, and expenses, :"including, but not limited to-t� attorneys' fees, allegedly arising out of or resulting from performance of4he ^x�arl-,1wovided that sueh claim, damage, less, or expense is attributable to bodily sickness, disease or death, or to ir�� to or destmetion of tangib4e propel{csthtor th r. tYo Work itself), but enb, the performance of the Work to the extent caused by the negligent acts or omissions, breaches of contract (including, without limitation, breaches of warrantv). intentional misconduct, or statutory violations (including, but not limited to, claims based upon improper emplovment practices) of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be , her-euader-. Sueh ebligat on *J11,no' , be eanstpaed to negate, abridge, E)r- r-eduee atker- rights er- abligmions of indemnity 4ia* wetild ethe f A4se exist as to a pafty oper-son aoseW woa in this Sw ort 3. M.liable. The Contractor agrees to defend and save the Owner Indemnitees harmless from and against all lawsuits, demands, claims or actions asserted against the Owner Indemnitees. or anv of them, to the extent thev involve or assert claims, matters or allegations that, if successful, would reauire the Contractor or anv applicable policy of insurance to indemnifv the Owner Indemnitees, or anv of them. This defense, indemnification, and hold harmless obligation shall survive acceptance of the Work and completion or termination, with or without cause, of the Contract. § 3.18.2 In claims against any person or entity indemnified under this Section 3. 19 Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.1 8.1 Section 3.18.1 shall not be limited by a limitation on amount or type of damages, -compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit ae4s-,acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The teoti�3 the porno,, , entity retained by the Owner pzrm-artta Seeticvn '�.2 ardidentffiod rate r the A greem +.Owner shall retain an architect or engineer lawfullv licensed to practice architecture or an entitv lawfullv practicing architecture in the iurisdiction where the Proiect is located. That person or entitv is identified as the Engineer in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Engineer" means the Engineer or the Engineer's authorized representative. § 4.1.2 Duties, responsibilities, and limitations of authority of the ^ r t-Engineer as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the ! wne Ga *mete an A rehiteet Consent shall not be , oably withheld Owner. 4 4.1.3 If the emplovment of the Engineer is terminated, the Owner shall enmlov a new Engineer or designate such other individual or entity, including the Owner or its or their personnel, whose status under the Contract Documents shall be that of the former Engineer. Owner agrees that it shall at all times have an architect retained and available to assist with interpretation of the Contract Documents and to make design decisions and to determine the date(s) of completion. If the Engineer is terminated, it shall be replaced with another licensed architect. § 4.2 Administration of the Contract § 4.2.1 The Architect Engineer will provide administration of the Contract as described in the Contract Documents and will be an-9ungc's,-W-se a representative of Owner during construction until the date the Architect issues the final GeAifieate for- Payffient. The Engineer issues the final Certificate for Pavment and with Owner's direction, from time to time during the later of the one (1) vear period after the date of Final Completion of the Work or Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 29 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) by the terms of anv other applicable warrantv from time to time during the one vear period for correction of the Work described in Article 12. The Engineer will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The A+eh4eet-Engineer will visit the site-Proiect Site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract De ,,me ffts u,.. eve the ^ re teet Documents and to make such other assessments as Owner may reauest. However, the Engineer will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The ^ +�et-Engineer will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, sine -because these are solely the Contractor's rights and responsibilities under the Contract Deeunwnts-.Documents, exce_nt as _provided in Section 3.3.1. § 4.2.3 On the basis of the site -Project Site visits, the ^ rEngineer will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner(I) lne Owner: (1) deviations from the Contract r,,.,...me fits, (2 1 .., Documents; (2) deviations from the most recent nstf..etion . eheduk 7A11wnitted by the r,.n,....,.ter Proiect Schedule. and (3) defects and deficiencies observed in the Work. The A+ehiteet-Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The ^ r�e-t-Engineer will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner .,n C..� A_ i6_,!l include the Architect ; „11 uo"itt�aY\'LIkeat,,*9ns that Felate to o .,fF et the A.-ehiteet's 3taci1,KK ias. The Owner shall preWdy notify the Arehiteet of the rralzoff.greet .Nommurx c with the n,-e4iteet , „h ats shall be threugh the n.-ehiteet Throughout the Project. Owner (at its discretion) shall have the right to communicate directiv with the Contractor, without involving the Engineer, provided however that all communications involving design issues shall include the Engineer (bv direct participation or copv). In all events, all written communications between the Engineer and the Contractor shall be provided contemporaneously to the Owner. Communications by and with the Engineer's consultants shall be through the Engineer. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Gontraotwo Ol)l ba through the Owner. The Contact n,,,.,,ments may specify other communication ,.,.,,.,,cols separate contractors shall be through the Owner. § 4.2.5 Based on the "r TEngineer's evaluations of the Contractor's Applications for Payment, the ^ reset Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Mehiteet-Engineer and Owner each has authority to reject Work that does not conform to the Contract Documents. Whenever the ^ +Engineer considers it necessary or advisable, the ^ +Engineer (with Owner's written consent) or Owner will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 ;id 11,1.1.3, 13.5.2 and 13.5.3, whether or not tlit-such Work is fabricated, installed or completed. However, neither this authority of the A+ehiteet-Engineer or Owner nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the ^ r-Engineer or Owner to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. The Contractor is responsible to coordinate scheduling of close-up inspections with the Engineer and for the correction of all nonconforming and/or defective Work provided or performed by Contractor or anv of the Subcontractors under the Contract, all in accordance with the applicable provisions of the Contract Documents. § 4.2.7 The Arehiteet Engineer will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The ^wee 's Engineer's action will be taken in accordance with die -Contractor's submittal schedule reasonablv approved by the ^ +�et-Engineer or, in the absence of an approved submittal schedule, with reasonable promptness (but in no event Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 30 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) later than ten (10) working days after Engineer receives such submittal subject to the applicable Drofessional standard of care), subject to Section 15.1.6.3 below, and, in anv case, such actions shall be taken within the time periods required under the Contract Documents while allowing sufficient time in the AA fehTEngineer's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The AA re' TEnaineer's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The A r sEngineer's review shall not constitute approval of safety preeautions-Drecautions, unless otherwise specifically stated by the Engineer, or of any construction means, methods, techniques, sequences, or procedures. The AA rTEngineer's approval of a specific item shall not indicate approval or acceptance of an assembly of which the item is a component. § 4.2.8 The iteet If requested by Owner, the Engineer will prepare Change Orders and Construction Change Directives, and may order- authorize minor changes in the Work as provided in Section 7.4. The AA r Engineer will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The AA ~--Ertgineer and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final ,., mple+iei; Final Completion. The Engineer will issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and AA r�Engineer agree, the AA Tehiteet—Engineer will provide one or more Project representatives to assist in carrying out the Architect's responsibilities at the nit@. The�wnor 0W.1 natify the Gem's.vgtw of any change :n the Engineer's res_onsibilities at the Project Site. The duties, responsibilities and limitations of authority of the Project represen4atives.reDresentatives shall be as set forth in the Agreement between the Owner and Engineer. § 4.2.11 The Architect will interpret and ,aeeide matters conoLmling e a requirements of-, the Gem's.vot D o o aments on v"itten request of either the OvmeF oF Contraetor. The A ukftu Wo -sponse to such requests will be Hiad 4,ritizg —rXt .UDon written consent of the Owner, claims, disputes and other matters in question between the Contractor and the Owner relating to the execution of the Work or the interpretation of the Contract Documents may be referred initiallv to the Engineer for decision. DisDutes regarding the Engineer's decisions on matters rendered Dursuant to this Section shall be subject to further resolution as set forth in Article 15 of these General Conditions and the Contract Documents. § 4.2.12 Interpretations and decisions of the A r Engineer will be consistent with the iatepA of a -ad -eas .n. bly infer -able from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the AA r�e-t-Engineer will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Arehiteet's decisions on matters relating to aesthetie effeet will be final if eonsisten4 with the intent expressed i the Contract Deeunwnts.Engineer shall be the representative of the Owner and shall have authoritv to act on behalf of the Owner onlv to the extent specifically so Drovided in this Contract. The Engineer shall not be a general agent of the Owner and shall have no authoritv to act on behalf of the Owner, except as Drovided in this Contract or otherwise agreed in writing by the Owner. Specifically, the Engineer has no authoritv to increase the GMP, extend the Contract Time or change the scoDe of the Work (except and onlv for minor changes Dursuant to Section 7.4). Such actions can onlv be directed by Owner in a Change Order or CCD. § 4.2.14 The AA +-Enaineer will review and respond to requests for information about the Contract Documents. The AA f TEnaineer's response to such requests will be made in writing within any time limits agreed upon of otherwise with reasonable p ,mess if ....,-,.putt th n , ehito,.+ in the aDDroved submittal schedule in accordance with Section 4.2.7 above or otherwise with reasonable DromDtness subject to Section 4.2.7 above. If aDDroDriate, the Engineer will prepare and issue supplemental Drawings and Specifications in response to the requests for information. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 31 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 ^ Sube,..,4. eta - is a "Subcontractor" or "subcontractor" shall mean any person or entity who has a dir-eet contract with the Contractor to perform a portion of the Work at the site. The-t-w-m " f/,3s'-2,,tracter" (including. materialmen and suDDliers) and all other persons or entities who Drovide materials, labor or services to or for the Project through or under the supervision of Contractor or its Subcontractors. The term "Subcontractor" or "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate -Contra -_\*or separate contractor or the subcontractors of a Separate Conti-7 eto separate contractor. § 5.1.2 A Sub subcontractor is ^per -son or entity "Sub -subcontractor" is a Derson or entitv (whether such Derson or entitv is a sub -subcontractor, materialman or suDDlier) who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site —Project Site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 TT«less othe... ise sW.&d in Uia Oaa+r-aet r.,.,...mef4s, the Contractor, as soon as practicable after award of the Contract, shall nets fy the Owner- and n-ehiteet �furnish in writing to Owner the names of persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 ,lays e f reeeipt of the in f ..matio. the n ..ebiteet may notify the rye tyackw wktzther the Owner or Ara'tit*A_t 1,4}The Owner may reDly within fourteen (14) days to the Contractor in writing stating (1) whether the Owner has reasonable objection to any such proposed person or entity or (2) that Owner requires additional time for review. Failure of thek2o\h'itro\* to provide notice within the 14-day-Owner to re_Dly within the fourteen (14) -day Deriod shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or ATehitee*�Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or ^ rt-Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another Subcontractor to whom the Owner ^has no r-ea-abjection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Get+*wV,1jM GMP and Contract Time shall be ine eerie 1 or deefeased adjusted by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the CepAi-7aet Sum GMP or extension of the Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for -one -previously selected if the Owner, Owner or ^ r�et--Engineer makes reasonable objection to such substitution. 5.2.5 Owner may designate specific Dersons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from all Subcontractors necessary for comDletion of the Work, including, without limitation, suDDliers of materials or equipment fabricated esDecialiv for the Work, and shall deliver such bids to the Engineer and Owner. The Contractor shall then determine, with the advice of the Engineer, which bids will be accepted, subject to Owner's rights under the Contract, including, without limitation, this Section 5.2. The Contractor shall not be required to contract with anvone whom the Contractor has reasonable objection. § 5.2.6 When a specific bidder (i) is recommended to Owner by the Contractor. (ii) is qualified to Derform that Dortion of the Work, and (iii) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but Owner requires that another bid be accepted, then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the Derson or entitv recommended to Owner by the Contractor and the amount of the subcontract or other agreement signed with the Derson or entitv designated by Owner. 5.2.7 Subcontracts or other agreements shall conform to the aDDlicable Davment Drovisions of this Contract, and shall not be awarded on the basis of cost Dlus a fee without the Drior written consent of Owner. If the Subcontract is awarded Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 32 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) on a cost-plus a fee basis, the Contractor shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Contractor. § 5.3 Subcontractual Relations By appropriate , agreement, written where legally reauired for validitv, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, iffeludingincluding, but not limited to, the responsibility for safety of the Subcontractor's Work that the Coln^ ctor bymay-wand the responsibility to strictly adhere to the Proiect Schedule), which the Contractor, by the Contract Documents, assumes toward the Owner and ^ rEngineer. Each subcontract agreement shall preserve and protect the rights of the Owner and ^ r�Engineer under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Wker-e uc>_-,-4ke-The Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each sube............agreement for a portion fth otrk- in w"..'gne by the Contractor to the Owner-, provided that .1 aosign e t ;s oFF etiye only .,tone,....., do of the r,,.,,,act by the Owner for , ,sa paikmant-te Section 14.2 and only for these subcontract agreements that the Owner accepts by notifying the Sttbeontfaetor- and Gen4raetor-; and .2 anagnment is subjeet to the prior rights of the surety, if any, obligated under bond relating to row When the Owner- aeeepts the assigmaefit of a subeentFaet agreement, the Owner- assumes the `srar'�'-�ig'�t a ebli .a, iaas under- the s..b,.,..,*.., c+ln the event this Contract is terminated by the Owner for anv of the reasons set forth in Section 14.2.1 or 14.4.1, the Owner shall have the right (without anv responsibility so to do) to assume the rights and responsibilities of the Contractor under all or some subcontracts, materials or rental agreements, and/or anv other commitments which the Owner in its sole discretion, chooses to assume. While this provision shall constitute a present assignment of Contractor's rights with respect to anv and all such subcontracts, agreements and commitments which Owner so chooses to assume, the Contractor, upon reauest from the Owner, shall _promptly execute and deliver to the Owner written assignments of such subcontracts, agreements and commitments which the Owner in its sole discretion so chooses to take by assignment. Additionally all such subcontracts, agreements and other commitments with Subcontractors shall provide for this assignment. § 5.4.2 Upon stieh assignffient, if the W-,&k- ln. ; b o thm, eempeamt or &011 b_-eWxr:.&1y adjusted f r iner-eases in eest re itifi --_.No provision of this Contract, nor of anv Contract between the Contractor and Subcontractor of anv tier, shall be construed as an agreement between the Owner and Subcontractor. No Subcontractor of anv tier shall have the benefits of any rights, remedies or redress against the Owner pursuant to the Contract Documents. The Contractor, as between Owner and Contractor, shall be fullv responsible to the Owner for the acts and omissions of a Subcontractor at anv tier or the emplovees of anv of them. § 5.4.3 Upcit w",igm ant t the n.:, er under this Sect on 5.1, 1OwneOwnermay a, ar as-,ibt2 the subc,,.,..aet t at...,, for or other entity, if the 0-raxz aasign3 yHtz-�oant. aet to a successor .,t...,, for , other entity -,the successor Owner a dUl riave.theless remain legally respm=ibl�j F�-all-ef Sic �contractor'sscontractor'sobligations tinder the s Intentionally Deleted. y ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The \a)" 00! t4t-�,ar &a'.4e" , rt -aete fs retained by the Owner- , ndef o ,..,to agFeements. The Owner reserves the right to perform construction or operations related to the Project with the Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 33 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Owner's own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar these of this , ineluding those pro eel, tko Conditions of the Gentfaet related to insuranee and waiver -of s to award separate contracts in connection with other nortions of the Project or other construction or operations on the Project Site. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the sites Proiect Site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each Sepafa4e r^rseparate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its ^ nstmetion schedule deemed necessary after ajoint rev and m&Nlual agvoma:-t. The construction d31xa l tlnecno tx'ra the schedules to be used by the Contracto Separate Contractors the Project Schedule directed after such joint review. The Project Schedule, as so revised (and approved by Owner), shall then constitute the Project Schedule to be used by the Contractor and the Owner until subsequently revised. The parties agree, however, that such revisions shall not cause the Contract Time to be extended, except and solelv to the extent allowed bv, and pursuant to, the applicable provisions of the Contract Documents. § 6.1.4 related to the Pr-ejeet with the Ovi%er-'s ewn for-ees er with Separate Gen4r-aeter-s, the Owner- E)r- its Sepafa4e GaatFaeter-s Intentionally Deleted. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasona separate contractors reasonable and eaual opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Gentractor-, separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly Owner -_�r F�*-watfreport to Owner and the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for proper e*eour r. \Aa -esu is of the Cet+4^^+^r's Wriz. FQHUtc, a€the such proper execution and results. Failure of the Contractor to so report shall constitute an acknowledgment that the Owner's or Separate Centfaeter-'s separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work. The pastor skald n9t be responsible for "\--oparsies or defects i the construction operations by the n.:,,, or Separate Contractor that are of ^ ^n+., To the extent there is an actual and demonstrable delav in the critical path of Contractor's Work that is (i) caused by discrepancies or defects in the work of Owner's or separate contractor's completed work, (ii) Contractor could not have reasonably prevented. mitigated, or avoided the delav by re -scheduling, re-seauencinla or otherwise, (iii) is not the fault of Contractor or anv Subcontractor and (jv) otherwise constitutes an Excused Delav, such a delav shall constitute an "Owner Delay." Notwithstanding the foregoing, an Owner Delav shall not be deemed to have occurred unless Contractor has notified Owner in writing of such occurrence of an Owner Delav in accordance with Section 15.1.3.1 below § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities o- de f etive eanstfuetion T' ^ Owr r rAVI 1!a o sible to the r n+..aeta . f ests the CafA deter i � ✓�ntiia� 0v^ eo ^+o r n+ ^+ a^i ,. impraper4y timed acfvities damage to the ` er-k or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or trwtor ac yw-sided in &jotian 10.2Tsoarate contractor as provided in Section 10.2.5. Should the Contractor damage the work or property of another separate contractor, the Contractor shall, upon due notice, promptly attempt to settle with such other contractor. If such other contractor initiates a claim by suit or otherwise against the Owner on account of damage alleged to have been caused Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 34 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) by the Contractor, the Owner shall notifv the Contractor, who shall defend such proceeding at Contractor's expense, and if anv judgment or award against the Owner arises from damage caused by the Contractor or anvone for whom Contractor is responsible, the Contractor shall Dav or satisfv it, and shall reimburse the Owner for all attomevs' fees and other costs incurred in connection with such claim or suit. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, separate contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish in accordance with Section 3.15 of these General Conditions, the Owner may clean up and the Architect Owner will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, only by the prior written consent of Owner pursuant to a valid Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. The Contractor shall not be authorized to change the scope of the Work in a manner that will result in an increase in the GMP or extension of the Contract Time for alleged extra work, overtime, or changes in the Work of anv kind unless such work is approved, in writing, by Owner prior to the commencement of such work. The Engineer shall not be deemed an agent of the Owner for these pumoses. § 7.1.2 A Change Order shall be based upon agreement among the Owner Contractor and ^ rehiteet n Cons,..,,ctio,, Change Directive requiresagreement by the Owner and Architect a written agreement among_ the Owner, Contractor and Engineer. A CCD reauires written issuance by the Owner and may or may not be agreed to by the Contractor.A* racer for ^miner-ehange in the WeAE ri , t,,. irm;—S b; the ^ r-ehiteet alone § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Peeumen4s. T Gex4Fapt--,r Z*a).'. ptraeee nremntly ,, it eh nges iin the ` ef-k, Documents and the Contractor shall proceed promptly. unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. In the event Owner or Contractor reauests a change in the Work, the Contractor shall promptly submit to the Owner an itemized breakdown of auantities and prices with respect to work included in the change, and as otherwise provided by Section 7.3.7.1 below, to be used by the Owner in checking the value of such work. § 7.2 Change Orders § 7.2.1 A Change OFder 'ChanQe Order" is a written instrument prepared by the ^rn hite4-Erlgineer and signed by the Owner, Contractor, ^na ^ re tee-t Contractor and Engineer stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; GMP; and .3 The extent of the adjustment, if any, in the Contract Time. 7.2.2 Anv adjustment to the GMP resulting from a change in the Work performed pursuant to a valid Change Order or CCD shall be determined in accordance with one or more of the methods listed in Section 7.3.3 or pursuant to the provisions of Section 7.3.7.1 below. 7.2.3 The Contractor agrees that the amount to be paid to the Contractor as set forth in a Change Order, and the amount to be paid to the Contractor pursuant to the provisions of Section 7.3.7.1 (whether the Change Order arises from, or as the result of the CCD, a Claim or anv other reason entitling the Contractor to such Davment pursuant to the provisions of this Contract), shall constitute full compensation to the Contractor for all work required in connection with the Change Order. CCD, or Claim and full compensation for all acceleration, delav, loss of efficiencv. inconvenience, increased supervision or other claims, costs, expenses or damages which have been, or may be. incurred by the Contractor as a result of the issuance or occurrence of the Change Order. CCD and/or the performance of the Work reauired or other costs incurred in connection with the Change Order. CCD or Claim. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 35 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) 4 7.2.4 The Contractor shall _hermit, and shall reauire all Subcontractors to Dermit, the Owner to inspect, cony and audit its books with resDect to all time and materials work or work Derformed Dursuant to Section 7.3.7.1 or reimbursed on the basis of the Cost of the Work, or other cost -reimbursable basis. In this regard, the Contractor shall produce, and shall reauire Subcontractors to Droduce, such data as the Owner may reauest for the DUMose of determining the correctness and allowabilitv of the costs of all or anv Dart of such work. The Contractor shall keen. and shall reauire all Subcontractors to keen such full and detailed accounts as may be necessary to reflect its operations with resDect to such costs and extras, and the system adopted shall be such as is satisfactory to Owner. The Contractor acknowledges and agrees that information obtained by the Owner Dursuant to anv such audit may be given to the Owner's lender(s). HUD, and other entities Drovidina funding to the Project in order to obtain and justifv such funding. 7.2.5 In connection with each Change Order. Contractor shall submit to Engineer and Owner, a concise summary of the Change in Work contemplated therebv, together with an accounting_ showing_ in detail the changes in the GMP as a result thereof. § 7.3 Construction Change Directives § 7.3.1 A Constmetion Change D -eeti a "Construction Change Directive" or "CCD" is a written order prepared by the ^,.,.h4eesigned by the Owner analdirecting a change in the Work prior to agreement on adjustment, if any, in the r'^�GMP or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the r^�GMP and Contract Time being adjusted aee^�as set forth in the Contract Documents. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Cewfag* Su the ..djustmew shall be based on one e f the f llow ^^ methods: GMP. or the Contractor is entitled to anv adjustment in the GMP resulting from a change in the Work performed Dursuant to a Chang_ e Order, the adjustment shall be determined in accordance with one or more of the following methods: .1 N111V 0 uCceptanceof c Nm"A F , erly itemized and supported by sufficient-Ju-Seim iating data to permit eval atio ;Lump Sum Proposal: Uhon Owner's request, the Contractor will, with reasonable promptness after such reauest, transmit to Owner a lump sum DroDosal detailing the DroDosed adjustments to the GMP in connection with anv change in the Work reauested by Owner. The DroDosal shall be itemized and segregated by labor and material (including consumables such as utilities and items required to be furnished Dursuant to union contracts) for the various components of the changes in the Work and no aggregate figures for labor or material will be accepted. The Contractor shall furnish, with Contractor's IumD sum DrODosal, suDDortina data consisting of Subcontractor. Sub -subcontractor and vendor executed DroDOSals. Only labor, materials, utilities, supervision and supplies directiv attributable to the change in the Work shall be included in the DroDosal. .2 Unit pad in tt1w, Contract Documents or subsequently agreed —upon -,Price: Upon Owner's reauest, the Contractor will, with reasonable DromDtness after such reauest, transmit to Owner a unit price DroDOsal detailing the DroDosed adjustments to the GMP in connection with anv change in the Work reauested by Owner. The unit Drice DrODosal shall include the written DrODosal of Subcontractors itemizing the auantities of each item of Work for which there is an applicable unit Drice contained in the Contract Documents, including Exhibit A-1 hereto, and subject to the CaD on Contractor's Markup, all such unit prices include all markups of anv kind by Contractor and its Subcontractors, including, without limitation. Drofit, overhead, general requirements, general conditions and insurance costs related thereto, and neither Contractor nor anv Subcontractor shall be entitled to anv markup in addition to the foregoing. The auantities must be itemized in relation to each specific item of the change in the Work. The unit Drices will be applied to net increase in auantities of the same item. The unit Drices will also be applied to net decreases in auantities of the same item: Drovided, however, Subcontractors shall be entitled to reasonable administrative exDenses (including anv restocking charges which may be payable by such Subcontractors to suppliers) in processing anv such deductions from the Work to the extent that the net decrease in auantities of the same item exceeds fifteen Dercent G 5%) of the original Quantity of such item. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 36 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) .3 Cost to be determined its a mr..t� o agreed upon by the par -ties and a ttWly aeceptable fixed percentage feae; erTime and Material: Owner will consider a time and material basis DroDosal for changes in the Work onlv if the Contractor provides Owner with a maximum price for the performance of such Work including a reasonable fee (not exceeding the percentages in Section 7.3.7.1 below) for general conditions, overhead and profit. The Contractor will submit to Owner dailv time and material tickets for all changes in the Work, including changes in the Work performed by Subcontractors. These tickets will include the identification number assigned to the Work, the location and description of the Work, the classification of labor emDloved including applicable trade Subcontractor, workers' names and social securitv numbers, the materials used, the eauipment rented (not small tools) and anv other information reauested by Owner. .4 As ...-,.yided i Seetio '".^.Fees (overhead and Drofit) and Droiect specific general conditions on adjustments to the GMP Drovided by Sections (.1). or (.3) of this Section 7.3.3 shall be subject to the Can on the Contractor's Markup and limited as follows: (i) for the Contractor, whether for Work by Contractor's own forces or subcontracted, the rate aDDlicable to Contractor's markup for overhead and profit set forth in the schedule of values attached to the Agreement as Exhibit A. and (ii) for Subcontractors, including the fees or lower tier Subcontractors, and whether by their own forces or by others, ten Dercent 00%) in total. Neither the Contractor nor anv Subcontractor shall be entitled to anv fees for overhead. Drofit and Droiect specific general conditions on adjustments to the GMP made under clause (.2) of this Section 7.3.3 except to the extent set forth in clause Q) of this Section 7.3.3. § 7.3.4 If Aa CepAi-7aet S the Ar-ehiteet sliall detefmiffe the adjustment off the basis of r-easenable expeffditiar-es and savings of these peffefining Ut'l�.--w.a„rfa efhe a 1 profit ., of f ftt, i the Agreement, ,. ;f B-3 ua--A a-m,,unt ; et fefth i the Agreement, ., fease ....1.1:/d4Y�.t. Ir. mah so and also ,, der- Soot, 7.3.3.3, the Cont..aetar lep and pres®tq, in t\w, h f6rm cc th a Architect may pr+ seribo, ct: ltomize'1 accounting together ,,,ith affgaywiate supporting data. Unless other -wise provided i the Cests- f kz+/ , inoluding aWkzable p oll twr.on, fringe benefits r roa by agreement st w workers' e s tion inGurartse and other employee acct", -&ve,l y th n,ehito,.t. .2 Costsoiirrcitortao, aiWkas, and 0 e t ;,,,.1,,, ing ees ,.f trar!,� _ mti3n, Whethe rate,? , od;cr :3 Rental eos,"f mokim""' and equipment, exel„siye of hand tool whether rented from the ✓,-ntr-tcc ^vi- others; vcricrr Cests-f rxom. 4ut:�o for a1'Sands-and imum\w,e, permit fees and sales, use, or cimilm twr.e�direetly related to the ehange; anA f C^ -if� on urd field office personnel direetly attributable to th ^�.unit Drices are stated in the Contract Documents or subsequently agreed upon, and if auantities originally contemDlated are materiallv changed in a proposed Change Order or Construction Change Directive so that aDDlication of such unit Drices to auantities of Work proposed will cause substantial inequity to the Owner or Contractor, the aDDlicable unit prices shall be equitably adjusted. § 7.3.5 tnakc a Claimin a. of ^..t;, e, 15.Intentionally Deleted. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the ^ rat -Engineer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contf et Sum of GMP or the Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum the GMP and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.7.1 Except as otherwise Drovided in the Agreement, if the Owner directs, or if the Contractor notifies the Owner and Engineer that it disagrees with the method for adjustment in the GMP, the method of adjustment shall be determined on the basis of the reasonable, actual, and verifiable cost of the Work attributable to the Change Order, plus a reasonable allowance for overhead and profit not exceeding the markup set forth in Section 7.3.3.4 and subject Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 37 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) to the Can on the Contractor's Markup. The Contractor shall keen and present, in such form as the Engineer or Owner may prescribe (and as otherwise reauired in the Contract Documents) an itemized and full accounting_ together with supporting data. Costs for the purposes of this Section 7.3.7.1 shall be limited to the following: .1 Costs of labor, including social securitv, old age and unemplovment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance: .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed: .3 Rental costs of machinery and eauipment, exclusive of hand tools, whether rented from the Contractor or others: .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work: and .5 Additional costs of supervision and office personnel directiv attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Ge*trae`&jm zJAa►lL-_-a►cba&) tie' east as eeafifmed by the A rehitee*. GMP shall be the estimated cost as confirmed by the Engineer consistent with the cost of such item as set forth in the Contract Documents, plus a credit for overhead and profit at the rates set forth in Section 7.3.3.4 and 7.3.7 above. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, ncrease or decrease, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The A r�Engineer will make an interim determination for purposes of monthly certification for payment for those costs related to the CCD and certify for payment the amount that the A+ehAeet-Engineer determines, in the A r s Engineer's professional judgment, to be reasonably justified. The A F sEnaineer's interim determination of ee4 such costs shall adjust the r'e�GMP on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the A f-Engineer concerning the adjustments in the ra�GMP and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the A r Engineer will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The A r^'��Engineer has authoritv to order minor changes in the Work that are consistent with the intent of the Ecrmet Dcc not involving an adiustment in the GMP or an extension of the Contract Time. The A -,Bite,. order- for fniner-,.ha-ages shall be : "ting. if the Gen4 -.,ete-- sh ll . etif., the A .ehi400!e- A zl.0_,Yo: preeeed to i ,.lo..,eW the creirlgo in the WeAE if the Ge fft .. eta - per-fefms the the Centr et T ime.Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Engineer and shall be binding on the Owner and Contractor. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Uniess other -wise T,,.,.,.w.on4s for- S..1.stan the r �*. aet 4ia Cempletion of tkeV-ef The "Contract Time" is defined in Section 4.2 of the Agreement. § 8.1.2 The da4e of eaw-men .emef . of the -worl- ir; tkz A da4e established in the groomof "date of commencement" of the Work is defined in Section 4.1 of the Agreement. § 8.1.2.1 In addition to achieving Substantial Completion of the entire Work by the Substantial Completion Date set forth and established in the Agreement, the Contractor shall achieve Final Completion by the Final Completion Date set forth in the Agreement. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 38 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) § 8.1.3 The date of Substantial Completion is the date certified by the ^ reh tees i accordance with Section 94-Ahat the Engineer certifies and the Owner confirms that the entire Work, or anv applicable designated portion thereof, is Substantiallv Complete. as defined in Section 9.8. The date of Final Completion is the date that the Engineer certifies and the Owner confirms that the Work is Finallv Complete, as defined in Section 9.10.1.1. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the �a�Drematurely commence operations on the Project Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner -.Owner, or commence operations on the Project Site prior to the date of Commencement of the Work as set forth in the Agreement. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion withinzatttinwt Time —of the entire Work, or anv applicable designated _portion thereof and Final Completion within the Contract Time as reauired by these General Conditions and as set forth in the Project Schedule attached hereto as Exhibit E. § 8.3 Delays and Extensions of Time § 8.3.1 if the Ge tr^^ter is delayed at any time i the or rnqa 4the WoAE by \?) ar,-act ar neglect of the Owner or Afehiteet, of an employee of either-, or of a Separate Contfaetef; (2) by ehanges ordered in the Work- (3) by labor disputes, fi a, unuxx.\V delay in deliveries, tmavoidable casualties, adverse weather eonditions in accordanee with Section 15.1.6.2, or Athew 0,A1111pQ boyend the Contractor's control; (4) by delay authorized by Owner pending medit:on and 1.:.,.i:.,g dispute resolution; or (5) 1....,or om.cva th t the Contractor asserts, .,n Architect determines, justify delay, then the Contract Time shall be ext^,,,i^,l fkr Lx , h ra-asc12V1.J tim- as the n reh t^..t may determi See Section 15.1.6 below. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Seetion 9.3 does net preelude r-ee&vei=y ef daffiages fer delay by either part-f under ether previsiens e Ge tr^^t T',.etw ^nts.Intentional1v Deleted. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated4n-the Agreement and, . ^l.,ding a tl.e fizeg amount payable by the Owner to the Contractor for performance of the Work under the Contract DovAmixxtk.Documents. subject to the GMP. § 9.1.2 if unit prices are stated in the Contract Documents or subsequently agreed upon, a d if qua,�ftros originally contemplated ^ materially changed s that application f ^„oh unitjrioe� aoora1. qua titi--s eausan oulmtarttial inequity t the Owner or Contractor- tl,o pffJiAaV- tinit prioaDoll _mil bo equitably adjusted -.The Contractor specifically acknowledges and agrees that it shall receive no compensation, and the Cost of the Work shall not include, anv costs incurred by the Contractor in repairing or correcting, or supervising the repair or correction of defective or non -conforming Work. performed or suDDlied by anv Subcontractor, material suDDlier. or anv other person or entity emDloved by the Contractor. under contract with the Contractor. or Derforming Work on the Project on behalf of or under the supervision of the Contractor, regardless of whether or not such defective or non -conforming Work resulted from the fault or neglect of the Contractor or the Contractor's Dersonnel and that the Contractor's sole remedv with respect to the recovery of such costs shall be whatever remedies are contained in the Contractor's subcontract agreements with its Subcontractors, suppliers and other Dersons or entities Drovidinla Work on the Project. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 39 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) § 9.2 Schedule of Values Where the Geat..,..t iz bdGA-at: a t*.;rAat:a r r_ua-a-atee,l '"SaKimum 1l se, the GefA ..,, to f shall submit .. A cony of the schedule of values allocating the entire GMP to the various portions of the Way. T!%z rshe ..le ,. fv lugs shall be pr-epafed in the f ..m and supported by the data to its aeeufae"yre"ir—ed by theAr-Ehiteet. i�3iS ^''^dine • Mess objeeted to by the A..ehiteet �Work is attached to the Agreement as Exhibit A. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. Any ehanges to the schedule of valuen dMI ko submitted to the Architect and supported by such data to substantiate its accuracy as Arehit€stmay require, and tmiessobj€st€d to by the Are a, i'x.1b us€d cep ✓ bO for reviewing the Contractor's- „bse „e t Applicatiens r P -ayment Pavment: provided, however, the parties acknowledge that certain line item costs contained in the schedule of values attached as Exhibit A mav include the costs for Work _provided by more than one Subcontractor. § 9.3 Applications for Payment § 9.3.1 At least ten ,lays be ro the date established for- eaeh progresser+, five (5) days before the date established for submission of Contractor's Application for Pavment. Contractor shall submit to Engineer and Owner a "pencil cony" of its Application for Pavment for Engineer and Owner's review and comment. On the same day of each month, which day shall be established by Owner in its discretion, the Contractor shall submit to the A ~met -Engineer and Owner an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The- -Such application shall be notarized, if required, and supported by all -such data substantiating the Contractor's right to payment thaws the Owner or "r -Enlaineer mav require, such as copies of requisitions, and releases and waivers ^r'iefflis � c„1.^^^*�^^*L�C/Lf*!1 �.�rtJ�e�� and shall reflect retainage if shall reflect retainage as provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the A f—,Engineer, but not yet included in Change Orders. § 9.3.1.2 A ,.plie. ions f D... mw4t rAwkl mat inelude requests for payment f ,.,.i4ieas of the all, E f .,.1 ieh N o GePA-,.etar- deer not in4ead to p ., e„1.,.epAr-..eter-or- cuWRy ur ass- ^>, ^ ',m1c liar bag per-f ..m e by others ..,>,,.,.. the Cant...,, ter intends to pa-y-Mith respect to all Work performed, retainage of ten percent (10%) shall be held and shall be reduced and/or released solelv in accordance with Texas law. No portion of the retainage shall in anv event be released Drior to the date of Substantial Completion of the entire Work. Final release of retainage shall not be made until the time all Dunch list items have been completed and/or corrected and other conditions to Final Pavment, including Final Completion, as set forth in the Contract Documents have been met. 9.3.1.3 The Contractor herebv agrees and is reauired to make Davment, no later than seven (7) days after the receipt Of Davment from the Owner, to each Subcontractor of all amounts identified in each Application for Pavment as intended for said Subcontractor. If Contractor does not intend to Dav a Subcontractor for Work Derformed by such entitv for the Project, Contractor shall so notifv Owner in writing and explain the reason for the Contractor's decision not to make such Davment. Owner shall thereafter withhold from Contractor the amounts so noted until Contractor represents that such Davment will be made to the applicable Subcontractor, materialman or supplier. Contractor shall defend, indemnifv and hold harmless the Owner Indemnitees from and against anv costs, damages or expenses (including, without limitation, attornevs' fees) incurred by Owner as a result of claims made by anv Subcontractor who has Derformed Work for the Project but who Contractor decides not to Dav for such Work. Each Application for Pavment submitted by the Contractor shall be accomDanied by all items reauired under Article 5 of the Agreement. The defense, indemnitv, and hold harmless obligations of Contractor hereunder shall survive acceptance of the Work and completion or termination, with or without cause, of the Contract. 9.3.1.4 Contractor shall DromDtly discharge, cause to be discharged, or make adeauate Drovision for discharge of anv and all mechanic's and materialman's liens filed by anv third Dartv in connection with the Work. Drovided Owner has paid amounts due Contractor, subject to Owner's rights under the Agreement, in connection with the Work that is the subject of anv such lien. All costs and expenses associated with anv mechanic's or materialman's lien for which Contractor is responsible Dursuant to this Section and which is filed or threatened to be filed shall be borne by Contractor alone. Contractor herebv defends, indemnifies and holds the Owner Indemnitees and the title insurance comDanv Droviding title insurance for the DroDertv comDrising the Project Site ("Title Insurer), harmless from and against anv loss or damage (including, without limitation, attornevs' fees and court costs) caused by the filing of anv Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 40 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) such mechanic's or materialman's lien. In addition. in such event. Contractor shall Dromptly take such actions as may be reauested by the Title Insurer for the Owner or anv mortgagee or lender to the Project in order for such Title Insurer. within ten (10) days after the date such lien is filed, to issue and deliver to Owner and anv mortgagee, an Owner's and mortgagee's title policy. insuring against such lien or to issue and deliver endorsements to existing policies, insuring against such lien. These actions shall include, but not be limited to. providing a lien and indemnitv bond, in a form satisfactory to Owner, should the person or entitv filing the mechanic's or materialman's lien at issue fail to remove such lien or record in exchange for a release of lien bond (which lien and indemnitv bond shall be in a Denal sum of not less than one hundred fifty Dercent (150%) of anv such lien claim or a greater amount as reauired by law, and issued by a suretv listed as acceptable in the then current Department of Treasury Listing of Approved Sureties Circular 570 and acceptable to the Title Insurer, naming the Title Insurer as an obligee, and which will fully Drotect the Title Insurer against all costs and expenses associated with the such lien claim). This provision shall survive termination of the Contract. Once the Contractor has removed of record anv mechanic's or materialman's lien for which the Contractor is responsible pursuant to this Section or with respect to such lien has provided a bond acceptable to Owner, then the Owner shall release all sums being held on account of such lien as _Dart of the _Davments made in res_Donse to the next succeeding Davment application submitted by the Owner. § 9.3.1.5 Contractor herebv authorizes and consents to direct communications, at anv time and in anv fashion. between Owner and anv Subcontractors on the Project regarding the Work performed on the Project and the status of pavments to said Dersons or entities for said Work and Owner shall notifv Contractor of anv such communications with its Subcontractors Drior to such communications. § 9.3.1.6 The provisions of this Article 9 are subject to such terms and conditions and will be deemed modified to conform to the provisions of anv disbursing agreement entered into between Owner and lenders for the Project. § 9.3.2 Unless otherwise provided i the Contact D,.,.,,.. en4s r .,..ant& -Ali -A Le made on aeeoun"f mer equipmen4 delivered and rfaz tMMy stored at the site for subsequent incorporation ; the Work if approved ; .,,a.,. nee by the Owner, parnent be made for •`"•^+aridc%rzl G`.,,re off the site at ., location agreed upon in VVE'ting. Payment for materials and equipment stored on or off the site-Proiect Site shall be conditioned upon Owner's Drior written approval and compliance by the Contractor with procedures satisfactory to the Owner and Owner's lenders to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to the sie—, Project Site, for such materials and equipment stored off d+e-site-the Project Site. Damage to material or eauiDment stored on or off -site shall not entitle the Contractor to anv increase in the GMP. Pavments for materials and eauiDment stored on -site shall not exceed ten Dercent (10%) of the value of Work in Dlace as of the date of the relevant Application for Pavment, unless otherwise approved by Owner in writing (such approval not to be unreasonablv withheld). Notwithstanding the foregoing sentence, subject to this Section 9.3.2. all other applicable reauirements of the Contract Documents, to the extent Contractor believes it is in the best interest of Owner and the Project, following Drior written notice to Owner. Contractor may store anv lumber materials off the Project Site. Anv materials stored off -the Project Site by Contractor shall be stored in a bonded warehouse or such other secured facility satisfactory to Owner, or at the premises of the manufacturer or fabricator (in which event the materials shall be appropriately marked and identified with the applicable purchase contract and Dhvsicallv segregated in an area with access to a Dublic street), until the materials are incorporated into the Project and shall be insured by Contractor (or such Subcontractor) against casualty, loss and theft for an amount equal to their replacement costs; provided that if the materials are stored with the manufacturer or fabricator. Owner must receive evidence satisfactory to Owner of the creditworthiness of the manufacturer or fabricator and/or Contractor shall Drocure and deliver or cause to be procured and delivered to Owner such dual obligee performance and labor and material Davment bond or bonds, in form, substance and amount satisfactory to Owner, as Owner may reauire. All materials that are stored off the Project Site shall be marked and identified as the proDertv of Owner, and Owner shall have the right to access all materials stored off the Project Site. Furthermore. Contractor shall take or cause to be taken all actions necessary to insure, maintain. @reserve and Drotect the materials and keep them in good condition and repair, and to comply with all laws, regulations and ordinances relating to the ownership, storage or use of the materials. Contractor shall be fullv responsible for anv damage and/or loss to anv materials in transit and/or stored off the Project Site. Only invoice Drice. less delivery chars_ es or other related handling_ costs, will be Daid for stored materials (whether storage is on -site or off -site). § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner He wor than tke time e fpaymor*. either by incorporation in the construction of the Project or upon the receipt of Davment therefor by Contractor from Owner, whichever occurs first. The Contractor further warrants that upon submittal of an Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 41 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner , infefmation, and belief, shall be free and clear of liens, claims, security interests, ^r ^ ..mbr-anee interests or encumbrances in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that evil^a labor-, ma4e -ials, making a claim by reason of having Drovided labor, materials and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The ^ ~ Engineer will, within seven -five 5 days after receipt of the Contractor's Application for Payment, either (1) issue to the Own a Certificate for n,,ynw tin the Rill ^,,,,A of the Applioation for u.,.,. ent with a copy to the Contraetor; or (2) issue to the Owner a Certificate for Payment for such a t rtJe Architect deter -mines is properly- due and =notify theContractor and Omer of the ArohiwC� ra-asens-zl wiV&halding eeAifioL,l;"i ir. ld Mavided ; Section 9.5. 1; or (3)---'thhola eert:fiortr-3i: of the for Payment, and notify the Contractor and Owner of the Arehi evot's �_�__Ason fnff- ecertification in whole as provided in Seei-on 9f.!.issue to the Owner a "Certificate for Pavment," with a coDv to the Contractor, for such amount as the Engineer and Owner determine is properly due or notify the Contractor in writing of the reasons for withholding certification in whole or in Dart as Drovided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the ^ ~Engineer to the Owner, based on the "r TEngineer's evaluation of the Work and the data in-comDrising the Application for Payment, that, to the best of the ^ ~ TEngineer's knowledge, information, and belief, the Work has progressed to the point indiea4ed, indicated and that the quality of the Work is in accordance with the Contract Doeu effts, a that the Cewi-7 etar is ^rti flt +^ Mmo .t �r. :he ameuw eeft fi^a. Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by *'��A he Engineer in writing to Owner. The issuance of a Certificate for Pavment will further constitute a representation that the Contractor is entitled to Davment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the " .,.,,;�� Engineer has: (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may Engineer or Owner may elect not to make Davment and/or withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Arc&ito Wa Engineer's or Owner's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the ^ r�et-Enuineer is unable to certify payment in the amount of the Application, the ^ TEngineer will notify the Contractor and Owner as provided in Section 9.4.1. If the Gen4r,eter- and ^ ehiteet Contractor, Engineer and Owner cannot agree on a revised amount, the ^ ~Engineer will promptly issue a Certificate for Payment for the amount for which the A+ehitee4-Enaineer is able to make such representations to the Owae The ^ r-ehiteet may also idrho. Owner, such Certificate for Pavment to be subiect to Owner's aDDroval. The Engineer or Owner may also elect not to make full pavment and withhold an aDDroDriate Dortion of the Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the ^ ~sEngineer's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because efof .1 defective Work not remedied; .2 third parry claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner and Owner's lenders is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or cuW ioro for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid--uneamed balance of the Cortruat &.m;GMP, .5 damage to the Owner or a Separate Contr etor;seDarate contractor, .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be ^ae"at^ *^ ^^Tar ac`tu.J amount of the Contract Sum earned by the Contractor Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 42 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) (subject to anv withholding_ for other causes under the Contract Documents) is not adea_uate to cover liquidated damages for the anticipated delay;ef .7 repeated F ilufe to carry ^,,. the xx�Mk-- in taa ^..a. nce with the Contract r,^,.,,ment- Contractor's negligence or failure to Derform is obligations under the Contract Documents, .8 erroneous estimates by the Contractor of the value of the Work Derformed, .9 failure of the Contractor to Drovide record documents in accordance with the requirements of the Contract Documents or failure to keep record documents u@ to date on a monthly basis; .10 Contractor's failure to _Drovide materials and Subcontractor lists Drior to its initial schedule for the Work; .11 Contractor's failure to Drovide and update the Project Schedule regarding the Drogress of the Work, or .12 Contractor's failure to _Drovide and update such other items as may be required under the Contract Documents, including, without limitation, Davee lists, SBE/MBE/WBE com_Dliance re_Dorts and certified Davroll reDorts. § 9.5.2 When either- rai4y dispu4es the ^,-ehiteet's deeisio lget4 fiea4e f r Pa5gnent twde . Seet _\A 9.5.1, in whole or paw thm p.,.4., may vubw_t� Jt zir_ asea .daac^ • it ^... ek— .the above reasons for withholding pavment or certification are removed. Davment or certification will be made for amounts Dreviouslv withheld as Dart of the next regularly scheduled ADDlication for Pavment. § 9.5.3 When the Feasens fer- withhelding eef4ifiea4ion are removed, eeftifieation will be made fef amounts previously w MiekLIntentionally Deleted. § 9.5.4 if the ^ fehitee Notwithstanding the Engineer's issuance of a Certificate of Pavment and notwithstanding the Drovisions of Section 9.5.1 and of anv other Drovision, the Owner shall have the right to withhold from Davments due to the Contractor such sums as may be necessary to Drotect the Owner against anv loss or damage which may result from negligence or unsatisfactory Work by the Contractor, failure by the Contractor to Derform his obligations, including failure to maintain Drogress of the Work in accordance with the Project Schedule and/or the Contract Time, or claims against the Contractor or the Owner relating to the Contractor's Derformance or Work. In addition, the Owner may withhold Davments from the Contractor for damages by the Contractor to others not adjusted, failure of the Contractor to make DroDer Davments to his material suppliers and Subcontractors and where there is reasonable evidence indicating a Drobable filing of anv claim against the Owner or the Contractor in connection with the Work or the Project. In addition, if the Engineer withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor Ito whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the ^ r t-Engineer and the Contractor shall -Engineer will reflect such payment on its next ^ pheafienrCertificate for Payment. § 9.6 Progress Payments § 9.6.1 After the ^ r t-Enaineer has issued a Certificate for Payment, the Owner Dhal m0ka payment -Owner, unless it exercises its rights Dursuant to Section 9.5 above, shall Drocess and shall make Davment, to the extent, in the manner and within the time provided in the Contract Documents, and shall so notify the ^ rt-.Engineer unless Owner elects not to do so Dursuant to Section 9.5. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven (77,) days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 The ^ r-Engineer or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the ATehiteet-Engineer and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor ^ r�m-Engineer shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 43 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) § 9.6.5 The Contractor's payments to suppliers supplier Subcontractors shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work which is not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the row GMP, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or�who performed Work or -and/or furnished materials, ^under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the ContYurL Documents, the Contractor ctor shall defend and indemnify the !lwviar linotm 0.1 loCC, liQ✓lity, damage or expense, including reasonable attorneys foes an litigation o nsoa, uric mg out of any lie ..1.,i ,. other olaim far payment by „ Subcon4r. ctor o supplier of any tier. Tr,,o r rt ..f notic ^f a lion oV. 4l aT—Dtb-w okairl for Davriaent. the nwnv L1l' I natifv the r,.,,,..,,etor. 1 whiek the lie or other ,.1aim F r pa vtalt ?tas 1! a-en-assefted-.If Contractor fails to make timelv Davment to its Subcontractors for Work Derformed on the Proiect in accordance with Subcontracts for such Work, it shall protect Owner, and anv other Derson or entitv the Owner may direct, against anv and all liens filed by such Subcontractors, in a manner subiect to the satisfaction of Owner. 4 9.6.9 Contractor acknowledges that Owner may reauire the use of construction Davment management software (e. g.. LCPtrackefrm) for certified Davroll reporting and agrees that, if Owner reauires the use of such a system. Contractor's receipt of anv Davments for Work hereunder shall be exDressly contingent upon Contractor's use thereof. Contractor further agrees that it shall incomorate this Drovision into all subcontracts with its Subcontractors and suDDliers, and shall reauire its Subcontractors to incomorate this Drovision into all contracts with Sub -subcontractors and suDDliers of any .� - - - - § 9.7 Failure of Payment if the n rehito . Subiect to Section 9.4.1 above, if the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within sevel-rLen Q01days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within sevel-rten Ll0 days after the date established in the Contract Documents, the amount certified by the Arehiteet , awarded by binding dispu4e resolution, in the aDDlicable Certificate for Pavment. unless such failure is due to a reason enumerated in Section 9.5.1. then the Contractor may, upon seven (ladditional days' written notice to the Owner and ^ r t-,Enaineer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum GMP shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the WME when the WerlE or designated pertion tllere0f is uffi, iently , rlete ; arch flee with the Co fftraet D,.,.,,.. ews sc tkm vkc As used in the Contract Documents, the terms "Substantial Comvletion." "Substantially Complete" and/or the "Date of Substantial Completion" (whether capitalized or lower case), shall mean the date upon which all of the following shall have occurred: (1) the Work (or anv aDDlicable designated Dortion thereof) has been fully completed in accordance with the Contract Documents and aDDlicable Laws, except and onlv for minor items that will not unreasonably affect the use and operation of the Work, and anv designated Dortion thereof, as intended. and the Work is sufficiently complete (with the above noted exceptions only) to enable the Owner to use the Work, or anv designated portion thereof (and all aspects and elements thereof) as intended without unreasonable disruption or interference caused by the need to complete anv of the Work then remaining to be completed; (2) the Dunch list items are sufficiently few and of a nature that would not interfere with Owner's abilitv to fullv use the Work for the pumoses for which it is intended to the extent reauired by the Contract Documents: (3) the Contractor has Drocured and delivered to the Owner (and the Engineer has so certified) all certificates, consents, aDDrovals and Dermits with respect to the Contractor's Work Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 44 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) reauired under applicable Laws for use of the Work or anv applicable designated portion thereof, or reauired by the Project's lenders, investors or mortgagees. In this regard. Contractor acknowledges that permission and/or consent to use the Work for its intended purpose from HUD, FWHS, the Citv, and/or other applicable governmental authorities and the Proiect's lenders, investors and/or mortgagees reauires that Substantial Completion shall require the comDletion of such Work sufficiently to obtain the reauired permission and/or consent to so use the Work; (4) the Engineer issues and signs a Certificate of Substantial ComDletion, AIA Document G704, 2017 Edition, certifying in writing that the entire Work (or anv aDDlicable designated Dortion thereof) is Substantiallv Complete as reauired by the provisions of this Section above, and further certifies that Contractor has Drocured and delivered to Owner all certificates, permits, aDDrovals and consents with respect to the Contractor's Work reauired under aDDlicable Laws to use of the Project, and that such Work is sufficiently comDliant with the Contract Documents and aDDlicable Laws, to allow Owner to fullv utilize the Work for its intended use —use (and all aspects and elements thereof) to the extent reauired by the Contract Documents, which certification is accepted in writing by Owner (such acceptance not to be unreasonablv withheld, conditioned nor delaved). (5) the Contractor has complied with the terms and conditions of Section 9.8.2 of the General Conditions, (6). Contractor has complied with the terms and conditions of Section 3.15.1 of the General Conditions; (7) Contractor has delivered to Owner a written authorization from the suretv issuing pavment and Derformance bonds reauired hereunder, if anv, consenting to release of retention in accordance with the Contract Documents. and (8) the Contractor has satisfied all other conditions or requirements with respect to Substantial ComDletion established in the Contract Documents. The Contractor acknowledges and agrees that Substantial ComDletion as defined herein reauires a significant level of ComDletion bevond that normallv associated with "substantial ComDletion" in the ordinary construction industry sense, the Substantial Completion is intended herein to mean near total comDletion of the Work sufficient to allow a clean and full turnover of the entire Work (or anv applicable designated Dortion thereof) to the Owner and its use at that time as intended, and that Substantial ComDletion as defined herein reauires that the Work be "substantiallv complete" in the ordinary, construction industry sense substantiallv earlier than the dates established herein for Substantial ComDletion. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the ^ +Engineer and Owner a comprehensive list of items to be completed or corrected prior to final Pavment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the ^ +�et-Engineer will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the ^+ TEnaineer's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can eeeupy-or-utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the A+ehitee*.-Engineer. In such case, the Contractor shall then submit a request for another inspection by the Arehitee4-Engineer to determine Substantial Completion. § 9.8.4 When the entire Work or applicable designated portion thereof is su-Setcryia?ly complete, the Arehiteet Substantiallv Complete, the Engineer will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the S 'ef4E or desig ,"."a pe f4ior thefeef "ntire Work unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Ceft a""*" Upon " "h " eptane" and " ent of sufety if"n., the-Owii,ar G&.�l m ke payment fret inage applying to the Work or-&-viMatjd portionthereof, "-, It p.;manohall 1►_ adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.such Certificate of Substantial ComDletion. § 9.9 Partial Occupancy or UsePARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may eeeupy-or-use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such effuse is consented to by the insurer as reauired under Section 11.2.2.5 and authorized by public authorities having jurisdiction over the Init. AIA Document A201 —2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 45 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Project. Such partial effuse may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maii4enaaw13 apt, -zi i4es� damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the ^r t-Enaineer as provided under ce Section 9.8.2. Consent of the Contractor to partial effuse shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the ^ rat Engineer. 9.9.1.1 The Engineer will make one reinsnection after the final inspection when reauested in writing by the Contractor, and if complete, the Engineer will so certifv to the Owner. When additional reinsnections are reauired and reauested in writing by the Contractor, the Engineer will make the inspection. The Contractor shall reimburse the Engineer for all time and expenses incurred in the additional reinsnections if such reinsnections are reauired due to incomplete or defective Work. Final Payment will not be approved until all incomplete and defective Work is properly completed. Where the words "complete" or "completed" are used, it shall mean that all areas are finished, all materials and equipment are put in place, site work finished, all corrections and adjustments to the Work have been made, the tests made, brochures and reports filed, and all similar information as reauested by Owner, or required by the Contract Documents, have been provided. § 9.9.2 Immediately prior to such partial mouse, the Owner, Contractor, and A+ehiteet-Engineer shall jointly inspect the area to be eeeupi ,4used or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial ecetipaney or upon in writing by Owner, partial use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final fVmwntFINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the A-e4tcvnill Minn tly tail e such inspection Agee, the Architect finds the Work acceptable under the Contract Deettmen4s and the Contract fully performed, the Engineer will Dromntly make such inspection and, when the Engineer finds the Work has reached Final Completion, such determination not to be unreasonably delayed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the ^ +TEngineer's knowledge, information and belief, and on the basis of the ^ rs Engineer's on -site visits and inspections, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The ^ r TEngineer's final Certificate for Payment will constitute a further representation that all conditions listed in Seetien 9.10.2 Section 9.10.2 as precedent to the Contractor's being entitled to agent Final Payment have been fulfilled. 4 9.10.1.1 In addition to other reauirements imposed by the Contract Documents, "Final Completion" of the Work shall reauire and the Work shall be "Finally Complete" when the following reauirements have been met: (1) the proper and full completion of the entire Work in accordance with the Contract Documents, including, but not limited to, Substantial Completion of the entire Work, the satisfactory operation of all eauipment and systems, completion or correction of all hunch list items, delivery of all warranties and guarantees (and assignments thereof), issuance of all required approvals and certificates by any authorities with jurisdiction over the Project without condition, removal of all rubbish, tools, scaffoldings and surplus materials from the Project Site and correction of all moverty damage that is the responsibility of the Contractor pursuant to the Contract Documents; (2) submission and approval of the Contractor's final requisition and all required construction cost audits and confirmations; (3) a final, updated and recertified ALTA as -built survey of the Project Site that shows the placement of all improvements, proposed and finished grades, and all remaining trees, prepared and stamped by Contractor's surveyor, such surveyor subject to Owner's prior written approval, meeting ALTA/ACSM Minimum Standard Detail Requirements for an urban land survey, including all Table A - Optional Survey Responsibilities and Specifications; (4) delivery of as -built drawings and specifications; (5) submission of a conditional final lien and claim waiver by the Contractor discharging and waiving all claims and lien rights which the Contractor may have in connection with the Work or the Project and conditioned only upon receipt of Final Payment, in the applicable form attached to the Agreement as Exhibit F. (6) Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 46 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) submission of conditional final lien and claim waivers by each Subcontractor discharging and waiving all claims and lien rights which each Subcontractor may have in connection with the Work or the Project and covering the amount requested by Contractor on behalf of the Subcontractor in the Final Payment request and conditioned only upon on receipt of such amount by the Subcontractors, in the applicable form attached hereto as Exhibit F: (7) submission of unconditional final lien and claim waivers signed by each Subcontractor who has been paid all amounts due related to the Work prior to Final Payment, in the form attached to the Agreement as Exhibit F, or, if acceptable to the Owner in its sole discretion, a bond or other security, in such form as is directed by Owner, protecting the Owner and the Owner's property from assertion of any such liens that are not waived: and (8) delivery of all of the information, documents and certifications required by the Contract Documents, the Owner, the Owner's lenders, investors or mortgagees, HUD. the City, FWHS, or any other governmental authority with jurisdiction over the Project in order to allow the Owner to proceed to final loan closing, including but not limited to an accounting and certification of (j) all costs incurred by Contractor in the execution of the Work: (ii) all charges or costs included in the Contractor's applications for payment with respect to the Project, and (iii) the Contractor's Markup comprising the GMP, as a percentage of the GMP, which accounting and certification shall be prepared in accordance with generally accepted accounting principles, by a licensed, independent, third-partv accountant and shall identify and verifv all costs and charges included in Contractor's payment applications and shall be accompanied by such detail and supporting documentation as required by the Contract Documents, the Owner, the Owner's lenders, investors, mortgagees, HUD, the City. FWHS, or any governmental authority with jurisdiction over the Project. In addition, as a condition to Final Payment for the Work, the Contractor shall deliver to the Owner three (3) clean, complete and readable copies of all guarantees and warranties on equipment and materials furnished by all manufacturers and suppliers to the Contractor and all Subcontractors, together with duly executed instruments properly assigning the guarantees and warranties to the Owner, and shall also deliver to the Owner three (3) clean, complete and readable copies of all related manufacturer's instructions, related maintenance manuals, replacement list, detailed drawings and any technical requirements necessary to operate and maintain such equipment and materials or needed to maintain the effectiveness of any such warranties. In addition, notwithstanding anything to the contrary in the Contract Documents, in no event will Final Payment be due or be made prior to thirtv-one (31) days after the latest to occur of (i) "completion" of the Work, as defined in and required by Section 53.106 of the Texas Property Code, or (ii) the date of completion as set forth in the filing with the county clerk of the county where the Project Site/land is located of an Affidavit and Certificate of Completion (the "Affidavit of Completion"). executed by Owner, the Contractor, and Engineer (if and to the extent required by any lenders to the Project), in the form of Exhibit D to the Agreement (or a certificate or affidavit in such other form which complies with Section 53.106 of the Texas Property Code and is otherwise acceptable to such lenders), or (iii) the date the Contractor has otherwise fully and completely satisfied the requirements of Section 53.106 of the Texas Property Code, to the extent applicable to Contractor, including, without limitation, providing, and/or assisting Owner with _providing_ . a copy of any such affidavit to all _parties, and within the time periods, required by such Section 53.106. § 9.10.2Neiflwr ffiml rarymant nor any remaining retained percentage ^ "Final Pavment," including the balance (if any) of retention (subject to Section 53.101 of the Texas Property Code) and any amounts previously withheld by Owner for incomplete punch list work or otherwise pursuant to Owner's rights under the Contract, shall not become due until the Contractor submits to the Afeh4eet-Engineer and Owner: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise ^satisfied or will be paid within seven (7) days after Contractor receives Final Payment, (2) a certificate evidencing that insurance required by the Contract Documents te-romriff. in f fee aftef final „^•^Want io oLx�mtl; *—,(a) will remain in force after Final Payment, (b) is currently in effect and (c) will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to Owner, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents: (4) consent of surety, if any, to final paymen4, (" documen4ation of any iswarranties, s _,�i w; mmuf 3ia���ttijc or speeif^ Subcontractor warr nfies and (6) Final Payment: and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as r-eeeipts i�receipts, releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Centfaetef Contractor. subject to written approval by Owner, may furnish a bond satisfactory to the Owner to indemnify the Owner against such lie elai se fity in4er-est if ^ lie elai se r4y inner-est , o ffibr-anee lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging thelim, maim) socurity interest, or eneumbr o, it2-_�uding all costs and reasonable attorneys' f es.such lien, including all costs and attorneys' fees. Within seven (7) days of Contractor's Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 47 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) receipt of Final Pavment, Contractor shall submit to Owner the an unconditional final lien and claim waiver by Contractor covering all amounts paid to Contractor under the Contract in the applicable form attached to the Agreement as Exhibit F, and unconditional final lien and claim waivers by each Subcontractor who performed Work on the Project and covering all amounts paid to each Subcontractor in connection with the Project (excluding those Subcontractors who submitted such waivers pursuant to subparagraph (7) of Section 9.10.1.1 above). Notwithstanding anything in the Contract, all lien and claim waivers shall be in the form required under the Texas Properly Code and Contractor shall not be required to furnish an unconditional waiver and release unless Contractor has received Pavment in the amount of such waiver and release. § 9.10.3 If, after Substantial Completion of the Work, final ^ ,.l otio thefeef is materially delayed entire Work, Final Completion thereof is delaved sixtv (60) days or more through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the ^ r4-Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the ^ r *Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully eemp ^*^a, corrected, and accepted. ^omDleted and accepted provided the conditions to Final Pavment relating to such Work are first satisfied. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the ^ ~Engineer prior to certification of such payment. Such payment shall be made under terms and conditions governing Rnz) ►r t-_PA—,Final Pavment, except that it shall not constitute a waiver of Claims.claims. § 9.10.4 The making of final ...,,,merit sha 1 Final Pavment shall not constitute a waiver of Claims by the 0,4%er- e*eept thear-ising4rem ; .3 -fla -W.t es .-^ rod by the c,,,A,aet Tl,.,.ufne,fr.,. or :1 a W- it,3 pe4qfmed by the 0,, ne if pefmitte by ♦he roteArmt Dosuffients, after final p ^ff. Owner. § 9.10.5 Acceptance of Rmv) V.e t by the GeWor, .Aor, at EztLc^ t•—ar a mWiivN Final Pavment by the Contractor or anv Subcontractor (including, without limitation anv supplier) shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. In addition, and without limiting the foregoing. Contractor shall initiate, maintain, implement and supervise all safetv precautions, measures, rules, procedures and programs required by the Contract Documents. Contractor shall also require the Subcontractors and their emplovees, agents and others for whom thev are responsible to comply with all of the foregoing precautions, measures, rules, procedures and programs. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, bodilv harm, death, or loss teto: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, Project Site, under care, custody, or control of the Contrae -_,ro Suk,3a t aetor, --,r a Fiat oukoo andContractor or the Contractor's Subcontractors or Sub -subcontractors, .3 other property at the site —Project Site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of eansti%et o .of construction, .4 the Contractor shall comply with all provisions and reauirements of the Occupational Safetv and Health Act of 1970 and/or the Construction Safetv Act of 1969 (whichever is applicable) and with all applicable Laws of anv Dublic authoritv having jurisdiction for safetv of person or property or to protect them from damage, iniury or loss: and. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 48 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) 5 Contractor shall erect and maintain, as reauired by existing law safeguards for safetv and Drotection, including Dosting danger signs and other warnings against hazards, Dromulgating safety regulations and notifying owners and users of adiacent utilities. § 10.2.2 The Contractor shall comply with, and give notices required by applicable laws statutes ordinances co , Laws bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing wndik= conditions, aDDlicable Laws and performance of the Contract, reasonable safeguards for safety and protection, including fencing as well as posting danger signs and other warnings against hazards, promulgating safety re�regulations and notifying the -owners and users of adjacent sites and ,unities of the sa f g f-dsq tilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy-remedv, at no additional cost to Owner, all damage and loss (other than damage or loss insured eimbursed under property insurance required by the Contract D s)-Documents, if anv) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and The Gentfaeter may make a Claim for the eest to remedy the damage or- less to the extent sueh damage or- less is 10.2.1.3 except damage or loss attributable to acts or omissions of the Owner or ^ r-Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site—Proiect Site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and "r �Enlaineer. § 10.2.7 The Contractor shall not permit any part of the construction or site -Project Site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding three (3) days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substa materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable and DroDer precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting tar �/atwt limited Q asbestos or polychlorinated iphewy � o� ^���* d 01-1 thto -,�t�-DroDcrty damage resulting from a hazardous material or substance, including, but not limited to, asbestos or Dolvchlorinated biDhenvl (PCB) or anv other material or substances that the Contractor knows requires sDecial handling or treatment, encountered on the Proiect Site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and . etif.. the r,. nef and.47cxhitwt af the eanditieeDort the condition to the Owner and Engineer in writing and shall not thereafter resume Work in the affected area until the condition has been rendered harmless. § 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and ^ rEngineer the names and qualifications Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 49 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) of persons or entities who are to perform tests verifying the presence or absence of the -such material or substance or who are to perform the task of removal or safe containment of the -such material or substance. The Contractor and the ^ +mot -Engineer will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or ^ rat -Engineer has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the ^ reset Engineer have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Ce t.. et Stun MP shall be increased by the amount of the Contractor's reasonable additional costs of shutdown, delay, and start -upstart -um which adjustments shall be made pursuant to Article 7 above. § 10.3.3 To the fullest extent permitted --by lr», thto Owner cK-21 indemnify and hold harmless the Co tract Subeontraetors, n.ehiteet n..eh teet's ecrAultamte, and agents and employees of any of them from ^^d Wainat slaims, damages, losses, and etx��penses�c�ding ✓at not limited to attorneys' fec� ir arioirg out of or roculting f in Or a affeeted area if in faet t_ha-fnk,,jfKV ar stibstanee pr-esents the risk of bodily injury -of death as des ir. f'i�ti� . 10.3.1 a :i hat. y.at been rendered Ite Lr,-, p�•:}ded-*-V. vaa'& slat m damage, less e*pease is att+ibu4able te bodily injofy, sielmess, disease er- death, -N- *m ir/,*V-y to er- destfuetion ef tangible pr-opel4y (ether- than the WME itself), e*eept te the exlefft that sueh damage, less, er- expense is due te the fault or negligenee of the party s"Aitrb rJewmqity.Intentionally Deleted. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site—Proiect Site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardetts-materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. Contractor shall supply Owner, upon reauest, documentation that all materials brought to the Project Site are free and clear of environmental contamination. § 10.3.5 The Contractor shall r^:.v.l.urse the Own defend, indemnifv and hold the Owner Indemnitees harmless for the cost and expense the Owner incurs (1) for remediation of aWhazardous materials or substances the Contractor brings to the site-Proiect Site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. This indemnification obligation of Contractor includes, without limitation, the Davment of attornevs' fees, and shall survive acceptance of the Work and completion or termination, with or without cause, of the Contract. § 10.3.6 if-, withat4 negligenee an the pa-14 of the GwAfaetef, the Ceatfaeter- is held liable by a gevemmei4 agency -for r'�tDee�.tnetgts, : .Intentionally Deleted. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 Eef4Faet�'c Tavr c^� sCONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase and matintak imujnwnee of the types d kmitc c° liability, ter a -rib Oka Documents. The CapAfaeter- shall ,-,.hale and maifftai tl e r�i ui�-_J ar. ins 1.,..,F.,ily . uthefized to im/aa emuava,,t: 41 the-jufisdietien where- the -Pfejeet is laeated. The Owner-, Arehiteet, and—Aroh�tjut% cxroultan* chi l ba named as .,dd:t:wxY in,-arads under the Contractor's eemmer-cial ^ narO liakility policy or otherwise desori✓ad in the Contract Doeuine is from and maintain in a companv or companies lawfullv authorized to do business in the jurisdiction in which the Project is located and acceptable to Owner and FWHS, such insurance, in the amounts indicated in the Contract Documents as will protect the Contractor. Owner, and Additional Insureds from Claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 50 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) liable, whether such o_erations be by the Contractor, by a Subcontractor, or by anvone directly or indirectly em_nloved by anv of them. or by anvone for whose acts anv of them may be liable: Claims under workers' compensation, disability benefit and other similar em_nlovee benefit acts that are applicable to the Work to be Derformed. .2 Claims for damages because of bodilv iniurv. occupational sickness or disease. or death of the Contractor's emDlovees: .3 Claims for damages because of bodilv iniurv. sickness or disease. or death of anv Derson other than the Contractor's emDlovees: .4 Claims for damages insured by usual Dersonal iniury liabilitv coverage. .5 Claims for damages. other than to the Work itself. because of iniury to or destruction of tangible @roDertv. including loss of use resulting therefrom: .6 Claims for damages because of bodilv iniurv. death of a Derson or DroDerty damage arising out of ownership. maintenance or use of a motor vehicle: .7 Claims for bodilv iniury or DrODerty damage arising out of completed operations: and .8 Claims involving_ contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The Eentrae or axdl r ide rely bonds f the typ o; tuoh paMal. tunw, =4 subject to such terms an eendiS ans au required by the C mot,aet r,,.e- orit. T-,k,,- 'Centraetoc shall r/ hase and aw. *Ain tlke required bon from a eompany or , anip-atio Lvfully authorized to issue surety bonds in the jurisdietion where the Project is loeated. insurance reauired by Section 11.1.1 shall be written for not less than limits of liabilitv specified in the Contract Documents or reauired by law. whichever coverage is greater. All coverages shall be maintained without interruption from the date of commencement of the Work until the date of Final Pavment and termination of anv coverage reauired to be maintained after Final Pavment. and. with respect to the Contractor's completed oDerations coverage. until the expiration of the Deriod for correction of Work or for such other Deriod for maintenance of completed oDerations coverage as specified in the Contract Documents. 4 11.1.2.1 The liabilitv insurance reauired by this Article 11 shall include all maior divisions of coverage and be on a comprehensive basis including: (i) Premises Operations (including XC/U as applicable): (ii) Products and Completed Operations. (iii) Personal Iniury Liabilitv: (iv) Owned, leased. non -owned and hired motor vehicles automobile liability: (v) Umbrella Excess Liabilitv: and (vi) Contractor's Pollutant/Environmental Liabilitv. If Contractor cannot procure underground liabilitv (XC/U) coverage, such coverage shall be Drocured and maintained by each Subcontractor resDonsible for structural suDDort, structural rehabilitation and/or concrete work, and such coverage shall be in the limits reauired below, shall Drotect the interests of the Owner. FWHS. the Citv, and the Owner's lenders in the Proiect and shall remain in effect through the duration of the applicable statute of repose. All insurance reauired by this Contract (whether Drocured by the Contractor or its Subcontractors). except Worker's Compensation, shall name all Owner Indemnitees, as defined in Section 3.18.1 above. as additional insureds (the "Additional Insureds"). § 11.1.2.2 The coverages and limits of the Contractor's insurance reauired Dursuant to Section 11.1 shall be not less than the following: (A) WORKMEN'S COMPENSATION Applicable Federal, State Statutory Em_plover's Liabilitv: Each Accident: $1.000,000 each accident Bodilv Iniurv: $1.000.000 Dolicv limit Bodilv Iniury by disease: $1,000,000 each emplovee If the Proiect is located in a monopolistic state. then EmDlover's Liabilitv requirement shall be met by use of StOD-GaD Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 51 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) liabilitv coveraee under the General Liabilitv or other states Worker's Compensation Dolicv. (B) COMMERCIAL GENERAL LIABILITY: Insurance to Drotect against claims for bodily iniury and oroDerty damaee arisine out of Dremises operations (includine explosion, collapse and undereround). Droducts, and comDleted oDerations: and advertisine and Dersonal iniury liabilitv. ComDleted Operations shall be maintained for the duration of the aDDlicable statute of repose followine Proiect comDletion. Each Occurrence $2.000.000 General Aeereeate $5,000,000 Personal Liabilitv (bodilv iniurv), each occurrence $2,000,000 Personal & Advertisine In_iury $2,000,000 Fire Damaee $ 50.000 Medical ExDense $ 5,000 Products/ComDleted Operations aeereeate $5,000,000 (C) COMMERCIAL AUTOMOBILE LIABILITY: Owned. Leased, Non -Owned and Hired Combined Sinele Limit (PrODerty damaee and contractual liabilitv) $2.000.000 Der occurrence Personal Liabilitv (Bodily Iniurv) $2,000,000 Der occurrence Personal Liabilitv (Bodily Iniurv) $2,000,000 aeereeate (D) UMBRELLA LIABILITY: To be Drovided over the Drimary eeneral liability: automobile liability, contractual liabilitv and emDlover's liabilitv insurance Dolicies. Each Occurrence $10.000,000 Aeereeate $10,000,000 (E) CONTRACTOR'S POLLUTANT/ENVIRONMENTAL LIABILITY (with Mold riders) Each Occurrence $5.000.000 Aeereeate $5.000.000 § 11.1.3 r pe the ,.equest ,. fany pe fse , enti , ap zx6r.g to be . petential bene fi,.;afy of bends eevefifigoflt e f ebligatiorx>ukc tag under the Contract, the Con4..acto c)&aA �x��tl; fi�t��h a sopy of the bo or abaA autJ ^y to be fitmis ed DuDlicate certificates of insurance and aDDlicable endorsements acceptable to Owner and FWHS shall be filed with Owner and FWHS Drior to commencement of the Work and thereafter upon renewal or re_lacement of each reauired Dolicv of insurance. The certificates and the insurance Dolicies reauired by this Section 11.1 shall contain: (i) a cross -liability, severability, or substantially similar clauses: (ii) a Drovision that such Dolicv and the coveraee evidenced therebv shall be Drimary and non-contributine with respect to anv Dolicies carried by Owner and/or the Additional Insureds and that anv coverage carried by Owner and/or the Additional Insureds shall be solelv excess insurance: and (iii) and a Drovision that coveraees afforded under the Dolicies will not be canceled except after the Owner and FWHS have received DroDer written notice of same as evidenced by return receipt of a certified letter. The Contractor shall not cause anv insurance to be canceled or Dermit anv insurance to lapse. Certificates of Insurance shall contain transcripts from the DroDer office of the insurer, evidencine in @articular those insured and specifically settine forth evidence of all coveraee reauired by this Section 11.1, the location and the oDerations in which the insurance aDDlies, the expiration date, and notice of cancellation clause. The Contractor shall immediatelv furnish to Owner and FWHS copies of all endorsements that are subseauentiv issued amendine coveraee or limits. An additional certificate evidencine continuation of liabilitv coveraee, includine coveraee for comDleted oDerations, shall be submitted with the final ADDlication for Pavment as reauired by Section 9.10.2 and thereafter upon renewal or replacement of such coveraee until the expiration of the time reauired by Section 11.1.2.2. Information concernine reduction of coveraee on account of revised limits or claims Daid under the General Ae_ ereeate, or both, shall be furnished by the Contractor with reasonable Drom@tness. § 11.1.4 Notice of Cancellation oF Expiration of r_-G_AtF_2GtQF's RequiFed insura-me. da3S Of the the Ge fit aet P,.,.Uffler.. the Ge fit-..O 0 ZJAl ). pt,, vide atiee to the n..,..er of sueh i eadin ,c acba:). 3 ear 6remission vfthe -vwrcer,irve the fight 9p theWe-,w1C1 lup i - has been eufed by the Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The rJ2 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) procurement of replacement cover —age by the Contractor. The furnio'liing of notice by the C,,,,t,.ae or LAba1.l n^ot relieve All policies of insurance reauired to be carried hereunder shall be written on an occurrence basis by insurance companies dulv licensed in the state in which the Proiect is located with a Best ratine of not less than A-:VIII; however, Contractor acknowledges and agrees that Owner does not in anv wav aeree that the above minimum insurer rating is sufficient to protect Contractor or Subcontractor from potential insolvencv of such insurer. § 11.1.5 The Contractor's Pollutant/Environmental Liabilitv coverage shall contain no exclusion for microbial matter. asbestos containing materials or lead based paint. The coveraee shall include coveraee for blanket non -owned disposal sites, and coveraee for pollution incidents related to transported cargo. The coveraee shall be Drimarv, and contain no sharing provisions. With the exception of the Microbial Matter coveraee, the coveraee should be _provided on an occurrence basis. § 11.2 Owner's Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11. 2.1 The Owner- ahsk pa7'Aaiaz�o.:d ti tw.q bq7jamr se o f the types and limits ,.F li a1.i4y .�,-the . der-s^,. enter ..n,1 ..,,1. eet .,. ♦1,,. b.Pnil; and vand tions as deseribed i the Agreement ,. ^ls^.,41,^r^ ;.. ♦1,^ r,.�.....,.. Poeuments. The Owfi than pj7_Awe and maintain the r^ r^,1 : ^ fi*cm ar. imuaxw.se eempany -- iruj7 r. ae § 11.2.2 Failure to Purchase Required Property insurance. if the Owner fails ♦,....,,r�lf��.� 1�`dJl P11re1�ti�ZOC.. t%�4�e�rired property insuranee, with all of the oeverages and in the amoun4s described in the Agreement or elsei'iV?r0 in- t-h--- Ccxntrraot-D3eu ents, the n,,, , or of dl Iti1�^""ornr the Con raotor ir. - riting prior to commencement of the Worn Upon reeeipt of notice from the Owner, the Con4ractor may delay commencement of the Work and may Atai% incuranoe that .,ill pr teet the interests of the Contractor Subeontfaetors a d 941- Slab c-entra0C1C%n tha Work. When the f ikffe to vide coverage has been eured o resolved,the r,.n tfact Sum and Contract Tim@ oW.1 ✓.J 2quitably adjusted. in the event the Owner- fails to pf6ettr-e eaver-age, the Owner wa a1 Gon4r-,,eter- Seib ntfaetar- �a Sub subeefAfaeter-s to the extent the less te the Owner wetild have been eevefed by ✓nv. as to ha- e been pr-oeured by the n,,%er- The east , f the ; e shall be ,.l,a fged to the 99ln �,,j a Change Order- TF the Owner ,1,.^� -_ to y7j7-Ama 9f at ✓aV ).z therete. § 11.2.3 Notice of Cancellation or ExplFation of OwneF's Required PFOperty InsuranGe. Within thfee (3) business days of the date the Owner l.o,.otnes ., ^fa24 knIn ridi g ,. .,..tual e eell.,tio o expiration of any property in required by ♦l,o rontruotD^^,,m!' eats the n,,,,,or ahmB provide notiee to the ontraetor „Fsueh impending o .,,.tu l eaneellation or v expiration, Lk*tlow tho lapse :cover-agearises from an et , omission of the Con4r ety n) .1,^ Gontraotc, , 1r . Fr iee from the Owner, &hz�l until tht- lapse i eoverage has been etiFed by the proetff emen4 of replae - , Y either the Owner or the Contraetor; (2) the Contraet Time �srff✓ate ahll S. e r^ Subeentfaeter., and Djk ujiz,...,r,-.,eter-s tot lass to the Owner would have been eevered by the insufa ^ ` -_- inua7w.ee shall Owner e f a" , «rr.,,.tu l obligation to r ide required iAl7a2 .$ § 11.2.1 The Owner will not purchase or maintain property insurance with respect to the Work reauired by this Contract. To the extent the Contractor purchases or effects insurance to protect interests of the Contractor and Subcontractors in the Work, the costs thereof shall not be charged to the Owner, do not constitute a valid cost of the Work, and will not constitute valid grounds for an increase in the GMP. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents agents and employees, each of the other; (2) the ^ ~^Mice* and Architect's cons ltan4 ; and «` Sepafine r wner's lenders, investors and mortgagees; and (3) the Engineer, Engineer's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents agents and employees, for damages caused by ar^ or ether ^ ^ e fless, to the ^.,'^nt those lesses . ^ eever-ed by p peft Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 53 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) ^,,; ^ l 1.,. the Agreement or other pr^~arh; inmrarc� .IoaYJ� t^ *'^^ n�^ e^* fire or other causes of loss 1 �� to the extent covered by insurance obtained pursuant to subsections (A) and (B) of Section 11.1.2.2 above and this Section 11.3 or other insurance applicable to the Work, except such rights as they have to proceeds of such insura-flee. insurance held by the Owner as loss Davee. As loss pavee, the Owner shall treat each interested party fairly and with good faith in resolving all matters related thereto. The Owner or Contractor, as appropriate, shall require sir- c r/iMhaf d mw;Yt ^>, pefsen of entity ^ ee g to waive d z�mz prr^„^ .>,:^ e^tax 11.3.1 Azall r.at p,�is waive of subrogation. Thio -ivi:er-efof the Engineer, Engineer's consultants, separate contractors described in Article 6, if anv, and the subcontractors, sub -subcontractors, agents and emplovees of anv of them. by appropriate agreements, written where legally reauired for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity (}even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, or-- - and whether or not the person or entity had an insurable interest in the damaged NYepeF4 -property damaged. § 11.3.2 if.l,,ring the pe e,l the n,,.,.e.: e pr-epel4;e^ e^1 , personal both,ate adja ^ pfapeAy is to Le .eyi e,l en the ^ pleted n -ajeet thre„gls a Ydi,, el; :es ether- than these ; g the Pre:e„t ,1,fi fi. the fist ,,.r: 3S F7`11od, to *(z axte„♦ pe sible by ^ e palie:e.. the (1.,,ne,- waives all,- , h4s , aeeefdanee with the re fms of Section 1 .3.1 f�x da'i4c�-;e^ eaused by fire „ of e,- ,cruses of less a efed 1.. this Sepaf- property insurance. Intentionalty Deleted. § 11.4 Lossof Use, Business InterpUn+ion, and Delay in Completion Insurance The n,:.,,e,. at the Oymer's ornan, tomy p rrobaw ctsd rnu�itwm it ^,,..^.,,.^ ♦l,^. ,,,ill protect the Ovmer against loss e� �rlablib,�al Sltm. Tk3 Ownef waives all rights of aefien against the Gantr-aeter- and Afeliiteet for- lass of use ef the Owner-'s pr-epefty, due ta §11 5 Adjustment and Settlement of insured Loss 4 11.4 Intentionally Deleted. 11.5 Adiustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property-AWinsurance required by the Contract shall be adjusted by the Owner as loss pavee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause and of Section 111.21 T'Na - rkall Vwy4he A rehiteet and GapAf etef 11.5.3. Contractor shall Dav Subcontractors their just shares of insurance proceeds received by the O„ e a7rwoixiate agreements the A-ehite^t and r r,,.^,..-Y ".! mcka paymef4s to their-eensulta-il-As. and Subeentr ete,.., Contractor, and by aDDrODriate agreements, written where legally reauired for validity, shall reauirc Subcontractors to make Davments to their Sub -subcontractors in similar manner. § 11.5.2 , ettlemepA ., well .,s 0.zTrr:3v of notice to object to the proposed settlement or- allocation of the proceeds. if the Contr attr doors not objee* the Owner shall settle the less and the Contractor G1ImO1 ✓.J bound 1.y the settlement and allocation, Ut<xn , ceipt the Own shall deport thlo iicurmw, odn in a spa a Doocuand make the appropriate di 4mibutiano. Thare^"�o other agreemv.* is made or- the Owner does not terminate the Contract for convenience, the Owner and Con4raetor algal.'. G7Gcyw\ �Mk-- to th a ametint .,llee te,l f « ♦l.. „,-e^eeds the Ow e,-,., may pr-eeeed to se,4le lass, and any dispt4e betwee., the Ownef and Cef Faetaf si*g e„r of the se41ef eat er .,lleeM en e f the or-BeeedU rhp).1 ba eselye,l ,3,,,-.,uafi4 to A,4:,.1e 15. De«.1;,- e Fe^el„tie« e f a -ay �x�The Owner shall deposit in a separate account Droceeds so received, which the Owner shall distribute in accordance with such agreement as the Darties in interest may reach, or as determined in accordance with arbitration award or judgment in which case the Drocedure shall be as provided in Article 15. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged DrMerty shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 54 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) 11.5.3 The Owner as loss Davee shall have Dower to adjust and settle a loss with insurers unless one of the Darties in interest shall object in writing within five (5) days after occurrence of loss to the Owner's exercise of this Dower; if such objection is made, the dispute shall be resolved as Drovided in Article 15. The Owner as loss Davee shall, in the case of arbitration, make settlement with insurers in accordance with directions of the arbitrators. If distribution of insurance Droceeds by arbitration is reauired, the arbitrators will direct such distribution. S 11.6 Performance and Pavment Bonds S 11.6.1 The Owner shall have the right to reauire the Contractor and/or anv Subcontractors to furnish bonds covering faithful Derformance of the Contract and Davment of obligations arising thereunder as stiDulated in bidding reauirements or sDecifically reauired in the Contract Documents on the date of execution of the Contract. If anv Subcontractor bonds are reauested by Owner in writing, Contractor shall be entitled to an increase in the GMP ea_ual to the actual cost of anv such bond. 11.6.2 Upon the reauest of anv Derson or entitv appearing to be a Dotential beneficiary of bonds covering Davment of obligations arising under the Contract, the Contractor shall _Drom_Dtly furnish a co_Dv of the bonds or shall authorize a coDv to be furnished. S 11.6.3 The Contractor and Subcontractors, as aDDlicable, shall furnish separate Derformance and Davment bonds covering faithful performance of the Contract (or subcontract, as applicable) and Davment of obligations arising thereunder each in a Denal sum eaual to one hundred Dercent 0 00%) of the GMP (or subcontract Drice, as aDDlicable) and issued by a suretv acceptable to Owner and authorized to do business in the state where the Project is located. Except to the extent otherwise Dermitted by Owner in writing, each bond shall name the Owner Indemnitees as co -obligees. The Contractor shall reauire the attornev-in-fact who executes the reauired bonds on behalf of the suretv to affix thereto a current certified coDv of the Dower of attornev. The cost of the bonds shall be included in the GMP. The Contractor shall deliver the reauired bond(s) to Owner not later than the date the Agreement is entered into, or if the Work is to be commenced Drior thereto in response to a letter of intent, the Contractor shall, _Drior to commencement of the Work, submit evidence satisfactory to Owner that such bond(s) will be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the ^ r^' TEngineer's or Owner's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the ^ r, Engineer, be uncovered for *'��Texamination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the ^ r�et-Owner or Engineer has not specifically requested to examine prior to its being covered, the ^ T�Owner or Engineer may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, *'moo, BW.1 byj entitled to an equitable adjustment to the G ntttao* F/am ara Contract Time as y be appropriate. ^osts of uncovering and replacement shall, by aDDroDriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work and the cost of ceeticrN G,hazl byj at the Contractor's eiiperise.such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for Davment of such costs. S 12.1.3 Notwithstanding anvthina to the contrary herein, in the event a concealed defect or latent defect is discovered more than one (1) vear after the date of Substantial Completion, the Owner shall reDort the discovery of such defective condition to Contractor and Contractor shall immediatelv take such action as may be necessary at Contractor's sole cost to correct such defective work, subject to anv aDDlicable statutes of limitation. § 12.2 Correction of Work § 12.2.1 Before or After Substantial Completion The Contractor shall promptly immediately correct Work rejected by the ATehitee-t-Engineer or Owner as defective or failing to conform to the requirements of the Contract Deeumen4s, disee er-ed of r^ Documents (including, without limitation, anv defective and/or nonconforming Work, resulting from anv defects. omissions or failure in workmanship or material), whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 55 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) uncovering and replacement, and compensation for the ^ xsEneineer's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one (year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any epp}i.aJc agv�1a. •ire o..Iiy Fe Fe +y4 o Cant..ae r.,.,.u*tepA , other warranty, any of the Work is found to be not in accordance with the requirements of the Contract Deetiments, Documents or defective, the Contractor shall correct it promptly mmediately after receipt of written notice from the Owner to do o. The Owner shall give such notice wafter discovery of the condition. During the one year periodfor correction of Work, if the Owner fails to notify the Contractor and give the Contractor an o tal-c tko correetion, the Owner waives the rights to require correetion by the Contractor and to make a claim for breach of If the Contractor fails to correct nonconforming Work within a-reasc--mac i1d,uAit�g tlrza:4 thirty (30) days (or earlier if the condition involves damage to persons or property) after receipt of notice from the Owner or ^ fehiteet the Owner - may eaffeet it in aeear- anee with Section-2- .Eneineer, the Owner may correct the work in accordance with Section 2.5 and all related costs shall be at the Contractor's expense. § 12.2.2.2 The one year one (1) vear period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Wefk-.Work, except with respect to minor and/or de minimis items. § 12.2.2.3 The ene-year one (1) vear period for correction of Work shall robe extended by corrective Work performed by the Contractor pursuant to this Section 12.2.Section 12.2. except with respect to minor and/or de minimis items. § 12.2.3 The Contractor shall remove from the site Project Site portions of the Work that are not in accordance with the requirements of the Contract Documents and that are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Ecmlnvotwo, separate contractors,_ whether completed or partially completed, caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one year one (1) year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Su GMP will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final p&yffient Final Pavment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located, exe & g tJr��i-ariodietion's choice of law r,ies if the par -ties have selected arlxtrotian as the method of binding dicpato rcoal do the Fe 10 1 Arbitration Act shall govern Section 1 5.^.located. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole or in part without written consent of Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The SG American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, upon ten (10) calendar days prior written notice to Contractor, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignmeff'.such assignment. In addition, the Owner and Contractor aeree that the Owner may assign this Contract to another entitv as designated Owner if such entitv is an affiliate to Owner or is an entitv in which Owner or an affiliate of Owner will be a partner or ioint venturer. In the event of such assignment, the Contractor aerees to continue to perform in accordance with the terms of this Contract without anv increase in the fees or charges set forth herein.. § 13.3 Rights and Renwd a Written Notice Written notice shall be deemed to have been dulv served if delivered in person to the individual, to a member of the firm or entitv, or to an officer of the corporation for which it was intended, or if delivered at, or sent by registered or certified mail or by courier service providing_ _proof of delivery to, the last business address known to the party givinll notice. § 12 2 1 Duties and obligations imposed by the Contract Tl....uniontr-_=l rights -and Fe c 3C�C:/t.\e:�'J' theretinder- shall obligations,rights, b afferded them under- the § 13.3.2 T0 aetien er- failur-e te aet by the Ownef, Ar-ehiteet, eF Contractor- s4iall eeast4ute a waiver of a right or duty ,.rose,, .,,ore„raor o ept amay be s eeifieally agree i Wit. �r. w, § 13.4 Tests and laspee*iatisRiahts and Remedies § 13.4.1 Tests inspeetiens and appr-vvals of pai4iens of theral- AV' ba • ade as er-e by the Gaat+aet autheritios. Unlace, other -wise provided, the Contme" alicl rnoJr- arrangements for such test and approvals ith an independent testing laboratory or entity acceptable to the Ovmer, or with public , 4hority and shall bear all related costs „F +a'✓a?, ims*a.ctions and approvals. The Gontrae or nl'all gi,'e .l�vc timely notice of when and where tests and inspections are to be made krolktootnta b en c r , e proeeduron. Tho or i)K-. -Yjcr oosts of tests, inspections, or approvals that ,1, not l.o,.ome rogk�rwt�o �r.:il after cadcd. Th on016, inupactiom3, Cc appr-evals ,,,here building eedor or zWks ale 1. er-o „lati ns s o L.Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties. obligations, rights, and remedies otherwise imposed or available by law. § 13.4.2 oikkN-Waire 1 ti 1 . a a 13.4.1, n 44e additional v1 lw�%i'3vizrnv�la a �incr2£'�2Eti91�sir t2�t 7iY_ l��ir=v`PFiccca and where tests and inspections are to be made so that the Architect may be present for sueh procedufes. Such approval, by an entity acceptable to the Owner-, and the Contractor- shall give timely notice to the Arehiteet of when oxoort. m flavided in Section 13.^.3, GlV_l bo at the r,,,,nee- e No action or failure to act by the Owner, Engineer or Contractor shall constitute a waiver of a right or dutv afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing, except as otherwise expressly provided herein. § 12 e 2 ifpr-o .,.,l, r-es f temi.g, innp. 3.1.1 wnd 1' n 2 reveal fail,, -e ,. fthe failure,sueh expenses, these of eated ro flid shall be at the Gentfaeter's expease. § 13.4.4 Re"ired eef4ifiea4es E)f testing, inspeetien, E)f approval shall, unless otherwi Aui-rd ✓y .> t Documents, be seeufed by the Gafftraetaf and pfemptly delivered to the Architect. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 57 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) § 13.4.5 if the Arehiteet is to observe tests, inspeetions, or approvals required by the Contra-G o ixinian s,� the Architect will do so p omr.l / ard, where praetieable,at the nDrrna rJ"o of testing. 13.5 Tests and Inspections 4 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by aDDlicable Laws. Unless otherwise provided, the Contractor shall make arrangements for such tests, insDections and aDDrovals with an independent testing laboratory or entity acceptable to the Owner, or with the aDDroDriate Dublic authority, and shall bear all related costs of tests, insDections and aDDrovals. The Contractor shall give the Engineer timely notice of when and where tests and insDections are to be made so that the Engineer may be present for such Drocedures. The Owner shall bear costs of (1) tests, insDections or aDDrovals that do not become reauirements until after bids are received or negotiations concluded. and (2) tests, insDections or aDDrovals where building codes or aDDlicable Laws Drohibit the Owner from delegating their cost to the Contractor. A 13.4.6 Toss or inspections , .,dueled "cwrtt� tite Contract DvL\lt 6\ntPAhW.1 Le made ..,.,.w.ptly to of anfeasonable delay in the Work 4 13.5.2 If the Engineer, Owner or Dublic authorities having iurisdiction determine that Dortions of the Work require additional testing, insDection or aDDroval not included under Section 13.5.1. the Engineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, insDection or approval by an entity acceptable to the Owner, and the Contractor shall give timelv notice to the Engineer of when and where tests and insDections are to be made so that the Engineer may be Dresent for such Drocedures. Such costs, except as Drovided in Section 13.5.3. shall be at the Owner's expense. 4 13.5.3 If the Drocedures for testing, insDection or aDDroval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with reauirements established by the Contract Documents, all costs made necessary by such failure including those of repeated Drocedures and compensation for the Engineer's services and expenses shall be at the Contractor's expense. r, 13.5 interest Payments a„e a d anraid u��tdeF the Contract D,.,.,,.. an`r/-An l'-,. r inleFest from the date p n4 is due at the rate the on in 7,i-fixM in th the Pfejeet is loeated. 4 13.5.4 Required certificates of testing, inspection or aDDroval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and DromDtly delivered to the Engineer. 4 13.5.5 If the Engineer is to observe tests, insDections or aDDrovals reauired by the Contract Documents, the Engineer will do so Dromotly and, where Dracticable, at the normal Dlace of testing. § 13.5.6 Tests or insDections conducted Dursuant to the Contract Documents shall be made DromDtIv to avoid unreasonable delay in the Work. 13.6 Interest All monies not Daid when due as Drovided in Article 9 or elsewhere in the Contract Documents shall accrue simple interest from the date Davment is due, at the from the _@rime rate of interest as Dublished by The Wall Street Journal on the date such monies first became due. 4 13.7 Audit Riahts The Contractor shall Drovide, and shall cause each Subcontractor to Drovide access to Owner. HUD, the City. FWHA. the Comptroller General of the United States or any of their dulv authorized representatives to any books, documents, papers and records of Contractor and each such Subcontractor which are directly Dertinent to this Contract for the purpose of making conies, audit, examination, including excerpts and transcriptions. In addition, the Contractor shall provide, and shall cause each Subcontractor to Drovide to Owner conies of all third Darty DreDared audits, reviews, compilations or other reports of the books and records of the Contractor or any Subcontractor concerning any and all phases of the Proi ect within thirty (30) days of the issuance thereof. Such documents will include, but not be limited to all audits, reviews, or compilations, concerning compliance with low-income housing tax credit requirements, the annual audit or review submitted to the low-income housing tax credit investor, and the final tax credit certification. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 58 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) 413.8 Confidentiality 13.8.1 In addition to Contractor's other confidentialitv obligations pursuant to the Contract Documents. Contractor shall comely with, and shall cause all Subcontractors to comply with, the terms of this Section 13.8. each to the extent applicable. 4 13.8.2 All data, regardless of form, including originals, images and reproductions. Drenared bv, obtained bv, or transmitted to the Contractor by Owner in connection with the Contract Documents is confidential. DroDrietary information owned by Owner. Except as specifically Drovided in this Contract, the Contractor shall not disclose data transmitted to or generated by the Contractor in the Derformance of the Work to anv third Derson without the Drior written consent of Owner. 13.8.3 Personal identifving information, financial account information, or restricted Owner information, whether electronic format or hard coDv, must be secured and Drotected at all times to avoid unauthorized access. At a minimum. the Contractor must encrvpt and/or Dassword-Drotect electronic files. This includes data saved to laDtoD computers, computerized devices or removable storage devices. 4 13.8.4 When Dersonal identifving information, financial account information, or restricted Owner information, regardless of its format, is no longer necessary, the information must be redacted or destroved through aDDroDriate and secure methods that ensure the information cannot be viewed, accessed, or reconstructed. 13.8.5 In the event that data collected or obtained by the Contractor in connection with the Contract is believed to have been compromised, the Contractor shall notifv Owner immediatelv. The Contractor agrees to reimburse Owner for anv costs incurred by Owner to investigate potential breaches of this data and, where applicable. the cost of notifying individuals who may be impacted by the breach. 4 13.8.6 The Contractor agrees that the rea_uirements of this Section 13.8 shall be incorporated into all subcontract agreements entered into by the Contractor. It is further agreed that a violation of this Section 13.8 shall be deemed to cause irreparable harm that iustifies iniunctive relief in court. A violation of this Section 13.8 may result in immediate termination of the Contract without notice. 4 13.8.7 The Contractor shall indemnifv, defend. save and hold harmless Owner, McCormack Baron Salazar, Inc., McCormack Baron Salazar DevelODment. Inc., and their officers, officials, agents, and emDlovees from and against anv and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attornevs' fees, and cost of claims Drocessing, investigation and litigation) for anv loss caused, or alleged to be caused, in whole or in Dart, by the Contractor's, anv Subcontractor's or anv of their owners'. officers', directors'. agents' or emDlovees' failure to comely with the reauirements of this Section 13.8. This indemnitv includes anv claim arising out of the failure of the Contractor to conform to anv federal, state or local law, statute, ordinance. rule. regulation or court decree. 413.8.8 The obligations of Contractor under this Section 13.8 shall survive anv termination of the Contract. 13.9 Severabilitv In case anv one or more provisions set forth in the Contract Documents or the application thereof to anv Derson or circumstances shall for anv reason be held invalid, illegal or unenforceable in anv respect, anv such invalidity, illegality, or unenforceabilitv shall not affect anv other Drovision of the Contract Documents or the application of such provisions to other persons or circumstances, and the Contract Documents shall be enforced to the greatest extent permitted by law. 4 13.10 Modifications to be in Writinq No oral order, obiection, claim or notice by anv Dartv to the other shall affect or modifv anv of the terms or obligations contained in anv of the Contract Documents, and none of the Drovisions of the Contract Documents shall be held to be waived or modified by reason of anv act whatsoever other than by a Modification. as defined in Section 1.1.1 above, and no evidence shall be introduced in any proceeding of anv waiver of Modification. 13.11 Counterparts The Contract Documents may be executed in anv number of counterparts, and each of such counterparts for all purposes shall be deemed to be an original, and all of such counterparts shall constitute one and the same agreement. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 59 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) 4 13.12 Additional Contract Provisions Required by Law The Contract Drovisions reauired by law are incorporated herein by reference. S 13.13 Additional Documents Subiect to Section 1.1.2.4 of the General Conditions, the Contractor aerees to Drovide and execute such additional forms and documents as reauired by anv Lender or applicable eovernmental entities for financine on the Project, in such form as is acceptable to such Lender and/or t?overnmental entities. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of thirty (30) consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Wer-k, he Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the "r-En2ineer has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, u_Don the Contractor's rea_uest, reasonable evidence as required by Section 2.2.Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, or their agents or employees, or any other persons or entities performing portions of the Wert, in the aggro .o o rl inn .o o r F rl o . V tiUtR4kIr ^f days seh^a„lo 7 feF eem.lo.; r er-120 a 3 1 1 ; 365 day per-io ,,.h iehe„e ; ' s Work under direct or indirect contract with the Contractor. Owner susDends the entire Work Dursuant to Section 14.3 below for a Deriod that exceeds ninetv (90) consecutive days. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven additional days' written notice to the Owner and ^ ~t—,Eneineer, terminate the Contract and recover from the Owner payment for Work executed, as well as includine reasonable overhead and profit on ` ei-7k not e3Eee to and costs incurred by reason of such termination. Owner shall have the rieht to Dav the Contractor's invoice, or aD_nroved portion thereof, durine the seven (7) day _Deriod followine written notice, in which event the Contract shall not be terminated. § 14.1.4 If the Work is stopped for a period of 60-sixty (60) consecutive days through no act or fault of the Contractor, a Subcontractor, a F/ak oul c#aeter-,-or their agents or employees or any other persons opentitie-s-performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the ^ ~Engineer, terminate the Contract and recover from the Owner as provided in Section 14.1.3. 14.2 Termination by the Owner for Cause 14.2.1 The Owner may terminate the Contract if the r'�e er-Contractor: .1 repeatedly refuses or fails to supply enough properly skilled workers or proper ffh4e4a4,materials and Contractor has failed to cure such failure within a seven (7) day Deriod followine written notice from Owner of the same; .2 fails to make payment to Subcontractors sof amounts due, includine, without limitation, suppliers, in accordance with the respective agreements between the Contractor and the Subcontrae off^ such Subcontractors, .3 repeatedly disregards . pli a kUi�, atatutao, &rdirl-mees codes rules and regulations, or ,,,.:,�,, orders-ef W4Vio at<dwrib—;disreeards applicable Laws: or Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 60 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) .4 otherwise is guilty of substantial breach of ^ provision of the Contract T oeument .has committed a breach of the Contract, includine, but not limited to, failure of Contractor to: timelv commence the Work, or to prosecute the Work in a dilieent and skillful manner, or to complete the Work in accordance with the Project Schedule, or to complete the Work on or before anv date established for Substantial ComDletion of the entire Work (or anv applicable desienated portion thereof) or Final ComDletion. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon eei4i '^^tie b the r-eh�M uf9eient ^ e exists to justify suesueh ^^tie 'he Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven Ghdays' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exelude exclude the Contractor from the site-Proiect Site and take possession of any or all materials, equipment, tools, and construction equipment and mth3m3n ✓A ^a b y th C& t ^^+��, machinery; .2 Aeeept-accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Seati�Dn 11.11, Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 if the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensatie the Architect's serviees and expenses made neeessary thereby, and other damages incuffed by the Owner and not Cmtrwol :, if bchicc, the Gaatr-aetef shall pay the differenee to the Owner-. The amettat te be paid to the Gafftr-aeter or- Owner-, as the ease may b shallbe ^^..ti fie by L,tiv*aJ Daeisi .a *,rave , ~ �. atP�lziatio an this ebligation f payffleR4 shah . tefmintion of the reptf^^t In the event of a termination Dursuant to Sections 14.2.1 and 14.2.2. the Contractor shall be liable to the Owner for all reasonable costs and damaees incurred by the Owner as a result of the Contractor's acts. omissions, fault, neelieence, errors or breach of contract (includine reasonable attomevs' fees and court costs, the reasonable costs of comDletine the Contractor's Derformance of the Work as reauired by the Contract Documents, and the reasonable cost of anv additional services reauired of the Eneineer as a result of the Contractor's fault or breach). After all such damaees have been Daid, the Contractor shall be entitled to the amount, if anv, remainine due to the Contractor (after deductine anv such damaees) for anv Work performed by the Contractor uD to and includine the date of such termination. If such costs exceed the unpaid balance due to the Contractor, the Contractor shall be liable to the Owner for the difference. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, in its sole discretion, order the Contractor in writing to suspend, delay or interrupt the Wei , )Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The rem ^GMP and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption tamer Sestien 14.3.1. Adjustmefft of the C—eff*act ✓am 4ruR inslu a praf'*. N adjustmwi r,h,J.'. k-z made to the exteatto the extent allowed by Section 7.3.3. subject to Sections 14.3 and 15.1.6.5 below. Adjustment of the GMP shall include Drofit. No adjustment to the GMP or Contract Time shall be made to the extent: .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 .2 that an equitable adjustment is made or denied under another provision of the Contra^*.^f the Contract. or .3 in the event of a suspension due to Force Mai cure, Contractor shall be entitled to an Excused Delay. but no adjustment to the GMP except to the extent provided in Section 15.1.6.5 below. § 14.4 Termination by the Owner for Convenience § 14.4.1 In addition to the reasons set forth in Section 14.2.1, the Owner may terminate this Contract without cause (at anv time) upon seven (7) days written notice to the Contractor. In the event the Owner so terminates this Contract, the Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 61 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Contractor shall be entitled to compensation onlv for the Work performed by the Contractor and accented by the Owner, pursuant to the provisions of and subject to the limitations set forth in this Contract, uD to and includine the date of termination, Dlus the amount of the Contractor's Fee earned Dursuant to the terms of this Contract as of the date of termination, all as determined by the Schedule of Values then aDDlicable to the Work and the Dercentaee of comDletion achieved by the Contractor (overall and in each cateeory of the Work, as aDDlicable) as of the date of termination. The Owner aerees that acceptance of such services shall not be unreasonably withheld. Further, in the event the Owner so terminates this Contract, the Owner aerees to Dav for services, materials, suDDlies ordered Drior to the date of termination by the Contractor, for use in connection with the Project, and necessary for the reasonable discharee of the Contractor's responsibilities under this Contract, or, if aDDlicable, cancellation charees for such services, materials and suDDlies, to the extent such services, materials and suDDlies cannot be discontinued by the Contractor without cost or Denaltv upon notice of termination. In addition to the foreeoine, if the Contractor is so terminated, the Owner shall Dav the Contractor the reasonable value (based on Durchase or rental as aDDlicable) of anv eauiDment retained by Owner and the reasonable costs of clean-uD, removal of debris and removal of eauiDment, trailers and machinery used at the Project Site incurred as a result of the termination. The Owner will not be responsible, however, to reimburse the Contractor for anv continuine contractual commitments to Subcontractors or penalties or damaees for canceline such contractual commitments, and no compensation shall be allowed to Contractor or its Subcontractors for anticipated Drofit, unperformed services or intaneibles. Anv compensation due under this Section shall be Davable to the Contractor thirtv (30) days after such termination. The Contractor's sole remedv for anv termination Dursuant to this Section shall be the compensation allowed in this Section. Anv termination by the Owner Dursuant to Sections 14.2.1 and 14.2.2 that is later determined to be unjustified or without cause, and anv termination of this Contract by Contractor Dursuant to Sections 14.1.1, 14.1.2 or 14.1.3, shall be treated as a termination without cause Dursuant to this Section. In either such event the Contractor's remedies for such termination shall be limited to those set forth in this Section. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shallshall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 in ease of sueh teEmina4ion for- the Owner's eenvemence, the OwaeF shall -pay the Geatmeter- fer Al properly o v , ted; ests inetifFed b rommir. 3` the �r��n, imal. difi ests "� JakJrJ t8 teF ..Brat; .n e f c„ 1,, ontraet and the tet:F is iea fee if any, et fe fth in the n , ent.Intentionally Deleted. v ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim "Claim" (whether u@Dercase or lowercase) is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, " ehange in the raatFaet Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the C1aim.T4i-& seet ar L. 1 1 ,lees not r-e"ir-e the Owner- t file ., Claim ; order- t "zH4uilmad damages : ,,. da- e with the § 15.1.2 Tome Limits on Claims The Owner- and Contractor shalleonunene .,ll C)zak 10 a2:4 eauses of aet;.,nagainst the other and arising out of or related to the Contract, whether in eontraet, tort, breach of-i.���rt; �acr, r� o, in acoordanee with the Fequiremen of the b41ding dispute re olaxti-_,n mathed seleeted in the Agreefflen4 and within the peried speeified b bt4 in any ease not more than 10 yeai-7s after- the da4e of Substaf4ial Completion of the W04E. The Owner- a -Rd G ontfaetor-...aiye all C)4h- r ;I— e of aeti,,.-, not „ o ed ; aeeor-d -rX0k *i6 °aetiot1 L.! .2. 15.1.2 Intentionally Deleted. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 62 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) § 15.1.3 Notice of Claims § 15.1.3.1 Jpair ✓y aith the Owner or Contr eto ,: w-re Except as otherwise stated in the Agreement, Claims by the Contractor must be initiated within fourteen (14) calendar days after the occurrence of the event giving rise to such Claim or within fourteen (14) calendar days after the claimant first recognizes the condition giving rise to the Claim is .'� Elul tie initiated by natiee te the other- party and to the initial Peeision Maker with a eapy sent te the Ar-ehiteet, if the Arehiteet is not sei=viagas tl-- L-4ilaJ D_^:": ,, r"vo . Y744ilr krj either- , der this Seet ar 11,5.' .3.'. dhaR be itgi:4ated rMk . 24- days aftef eeettfFenee ef the event giving fise to stieh Uyaim -,- Within 21 days aftef the claimant fifst reeegnizes the caonditi;an gi.4ng rise to the Claim,w' ieheve 4^'^*^r Claim, whichever is later. Claims must be initiated by written notice to the Engineer and Owner and clearlv referencing itself as a Claim pursuant to this Section 15.1.3.1 of these General Conditions to be resolved. Notwithstanding anv other provision of this Contract, the failure of the Contractor to provide Owner with written notice of anv Claim (including_ , but not limited to, Claims asserted pursuant to Sections 15.1.5 through 15.1.6 and anv Claims seeking anv increase in the GMP or an extension of the Contract Time or the reauired dates for Substantial Completion for the entire Work, or anv applicable designated portion thereof, or Final Completion or other damages or costs of anv kind) within the applicable time frame established by this Section 15.1.3.1 (or such earlier time as may be established elsewhere in the Contract Documents) shall mean that the Contractor has waived such Claim and shall perform all Work reauired by or in connection with anv occurrence or condition giving rise to the Claim without increase in the GMP or extension of the Contract Time. 15.1.3.2 Ulllmz ✓j eithef the Ownef of Centfaetof, whefe the eendition giving fise to the Uzc�RY. 1z after expiration of the period for eorreetion of the Work set forth in Seetion 12.2.2, shall be initiated by notice to the other party in s ,^1, event, no decision by *''a Initial. Docisio., Maker : required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The-Gei+*act ✓atq wd-Geq+*act Titre "hall be adjusted : aeeer-danee . ,:t1, the initial reds., Maker's decision, subjeet to the r-i& of either pa-14y to pr-eeeed in aeeer-da-nee with this AFtiele 15. The Architect will .. Intentionally Deleted. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Cantrraot S:;emi, GMP, written notice as provided in See-tioxn 15.1.3 herein shall be given before proceeding to execute the portion of the `x'orl- tKat,�3 tJ e subject of the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. The Contractor's sole and complete remedy with respect to anv successful Claim shall be as set forth in Article 7 of the General Conditions, subject to Section 15.1.6.5 below. This recovery shall be deemed to include (and no additional damages or costs may be sought or recovered by Contractor for) all delav, acceleration or impact costs or other expenses or losses allegedly sustained or incurred by Contractor as a result of anv Claim. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the —Contractor wishes to make a Claim for an it in Aa Co t aet Time notiee as ide in Seetio 15.1.3 extension of the Contract Time, the Substantial Completion Date, and/or the Final Completion Date, written notice as provided in Section 15.1.3.1 above shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.6.2 if adverse weather conditions are the basis for a Claim for additional Jr_i:A'_,K-.A ba yea uL.�ut[a..iating that weather conditions were abnormal for the period of time, antieipated, and had an a&er-se of -ect on the scheduled ^ . ft ,^tie^.The Contractor agrees that timelv completion of the Work is of essence in this Contract. The Contractor shall continuously and diligently perform, forward and prosecute the Work reauired by this Contract subiect onlv to Excused Delays as deemed herein. In order to achieve completion of the Work by the times established in this Contract. as thev may be extended pursuant to the provisions of the Contract, the Contractor agrees. without anv increase in the GMP or anv additional compensation of anv kind, to assign more personnel, work overtime and take such other appropriate measures as are necessary to overcome delays Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 63 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) attributable to the Contractor, its Subcontractors and any other persons or entities Derforming Work under contract with, on behalf of or under the direction or supervision of, the Contractor. § 157 al;"FAF Of G12:.... ..,6 fQF Consequential Damages T>,o CA►4; .., . and n.,.no .,.:.,o JF ✓ J :�1 Otl 2for- n o ,,o t: i damages arising „4 for- of t:n . this Eon*frmt. Tli rrrvr�, l , o l,, to .2 damages neuffed by the-C-e�btr pritwipal arree expenses ineluding the e0fflPeHsa4i0fl Or Persm-ta stz1a,on,a there, for losses rx R businessn .Pt-6-aion an' a for loss of pF. except s aWi,ar,ated V-3fit arising directly from the Work. This mutual or is aff)Hzable, without limitation, to all consequential damages due to either party's termination in aeeerJ u 11. Nothing eontainod-,i ;lx�j 15.1.7 shall be deemed to .. eelude assessment of liquidated Jam -ages, Wh X i t & S brrSZ*, Duets. 4 15.1.6.3 Contractor shall not be entitled to any extension of the Contract Time, Substantial Completion Date and/or Final Completion Date as a result of any delay (including, without limitation, an Owner Delay, as defined in Section 6.2.2 above), regardless of its cause or nature, unless and only to the extent that such delay is attributable to causes beyond the reasonable control of, and could not have been avoided or mitigated by reasonable efforts taken by, the Contractor or its Subcontractors. Any such delay is referred to herein as an "Excused Delay." Excused Delays also include, to the extent they satisfy the foregoing definition, delays to the Work caused by: (a) an act or neglect of the Owner or Engineer, or of an emDlovee of either, or of a seDarate contractor emDloved by the Owner, or, to the extent aDDlicable to the Work, of a public utility or governmental agency, or (b) war, hostilities, invasion, Dublic riot, civil insurrection, civil war, terrorist acts, ionizing radiation, contamination by radioactivity on the Project Site from any nuclear fuel, radioactive toxic explosive or nuclear explosive, epidemics or Dandemics, auarantine, @lague, earthquakes, natural disasters, a named hurricane or tropical storm, earthquakes, or fires causing unhealthy working conditions or otherwise adversely affecting Derformance of the Work (each such event constitutes "Force Maieure") and are not the result of the failure of Contractor to Derform under any of the Contract Documents. Time taken by Owner and Engineer to aDDrove Shot) Drawings or other submittals shall not be considered an Excused Delay unless and only to the extent: (1) the duration of the approval time is in excess of (a) the times required by Contractor's submittal schedule, or (b) in the absence of such a submittal schedule the time required by Engineer to respond with reasonable Dromwness (but not later than 10 business days following Engineer's receipt of the submittal), and Contractor has Drovides written notice of such event to Owner and Engineer and Owner and/or Engineer thereafter fail to take action on such submittals within seven (7) days following receipt of such notice: (2) the resulting delay to the Work could not have been avoided by the Contractor. and (3) the delay is shown by the Contractor to have adversely impacted a critical Dath item. Delays caused by the unavailability of, or general shortages with regard to, labor, skilled or otherwise, shall not constitute Excused Delays. Unusual weather shall not constitute an Excused Delay except and only to the extent Drovided in Section 15.1.6.4 below. 4 15.1.6.4 Any delays caused by a hurricane or named tropical storm or other adverse weather conditions shall be considered Excused Delays only if: (a) the Contractor demonstrates that the weather condition (excluding any named hurricane or tropical storm) at issue is more severe than one would reasonably expect to encounter at the Project Site based on historical conditions over the Dast five (5) years, as established by the National Weather Service, (b) the Contractor notifies Owner by telephone voice mail message and email or facsimile by 8:30 a.m. Central time on the date of the event, or within one (1) hour of the occurrence of the event giving rise to the cause for the delay, whichever is later, (c) the notification identifies the time critical trades which will be delayed by the adverse weather and the impact on the Project Schedule. (d) the Contractor demonstrates to the Owner's reasonable satisfaction that such adverse weather conditions will in fact cause a delay in the comDletion of the Project beyond the Contract Time (i.e., it must be a "critical Dath" delay): and (e) Contractor demonstrates to Owner that the lost time cannot be recovered by adding additional manpower in affected trades or other trades during standard pav rate work Deriods, or that additional manpower is not available when needed. A delay of non -time critical activity is not cause for extension of Contract Time. For Durvoses of this Contract, a demonstration of adverse weather conditions will require documentation by the National Weather Service of rainfall or snowfall of sufficient accumulation and duration to justify any claimed delay and can include adverse impacts to the Project Site arising from and after the adverse weather conditions (e.a., Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 64 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) simifcant mud or flooding) to the extent such adverse impacts to the Project Site delay the critical _oath of the Work and could not have been reasonablv avoided or mitigated by Contractor. 15.1.6.5 In the event of an Excused Delay. Contractor shall be entitled to an extension of time to perform the Work, which shall be eaual to the actual time lost on the critical path of the Project Schedule by reason of the Excused Delay. but no claim for extension of time on account of an Excused Delav shall be allowed unless presented to the Owner in accordance with the reauirements of the Contract Documents. Contractor expressly aerees not to make, and herebv waives, anv claim for damaees, including those resultine from increased labor or material costs on account of anv Excused Delav and aerees that its sole rieht and remedv shall be an extension of time as set forth herein plus, as aDDlicable: (i) to the extent such Excused Delav is caused by Force Maieure, in which case Contractor shall be entitled to an increase in the GMP eaual to the actual, demonstrable, and verifiable increased costs directly arising from such Force Majeure Excused Delay. and (ii) to the extent such Excused Delav constitutes an Owner Delay. in which case Contractor shall be entitled to an increase in the GMP eaual to the actual, demonstrable, and verifiable increased costs for Contractor's project-sDecific eeneral conditions, in an amount not to exceed One Thousand Six Hundred Twentv-Six and 00/100 Dollars ($1,626.00) Der work day. In addition, unless and only to the extent that the Owner directs Contractor in writing to accelerate its work, and Contractor agrees (which aizreement shall not be unreasonably withheld) that throush a Dlan of acceleration the Contractor can achieve the dates for Substantial ComDletion of the entire Work, or anv aDDlicable desienated Dortion thereof and Final ComDletion set forth in the Contract Documents, in which case the Contractor shall be entitled to an increase in the GMP sufficient to Dav the actual Dremium Dortion of overtime waves necessary to make uD lost time which would otherwise Drevent the Substantial ComDletion or anv aDDlicable desivnated Dortion thereof or Final ComDletion of the entire Work as set forth in Section 4.3 of the Avreement and to the extent of the followinv conditions: (i) the Contractor demonstrates to the Owner that it is impractical to Drovide, durinv non-Dremium Dav rate work Deriods, additional manpower in the delaved trades or other trades sufficient to recover time lost due to Excused Delays: (ii) entitlement to overtime premium shall be limited to those time critical trades delaved by Excused Delays, or others aDDroved by Owner, and onlv to the extent of the amount of time lost due to Excused Delays; and (iii) the Contractor achieves dates for the Substantial ComDletion of the entire Work, or anv aDDlicable designated _Dortion thereof and Final ComDletion set forth in the Contract Documents. § 15.1.6.6 IrresDective of the Drovress of the Work, if reauested by Owner. Contractor will accelerate construction subject to mutual avreement on a schedule and on a Drice which shall be consistent with actual additional costs to be incurred to Owner for actual Dremium time costs incurred. 15.1.7 Intentionally Deleted. § 15.2 initial Decision Intentionally Deleted. § 15.7 .1 Claims, o....1,,. ing those where the . nditio givinge to the Chain. i0 firot aiseeyere .,#or expiration of N,o period for , eeti .., of the Work sot forth i Sect'jcxn 1\12 or cti�ng under Sections 1 n.3, 10A, and 11.5, 2't;wll be referredhe Initi� Jc Athor.:ako i_n_Jieate,1 in ♦l,o n greeme,,. Except for those Jn ixal,,de by this co,..:o 15..l, ct. iktU din shall be reEfair-ed as a eendifienpr-eeedentta mediation ofCam. initia� deEic�c,� Izx--r..t, eeti r ..,1 r-ed ,ithi i 30 days ..fror the w.'-rabr blot. rce r�nc Lnital Dzeisio Maker, the paft., ei4i , 4 Jl.,wn mw,demand Maker- andall .,ff eted pa-1 ties ., ee *z _kKit;za) iDv,.:s:,,« A4.,1Lorwill not ,loeide disputes l.or.. eon the Gof4-..eta f and p §15.2.2 Tho kn al rDzeisien Maker- will review Claims and within to days f the feeeipt of .. ff. kr1:; ei}eer�e�e of the following actions: (1 y ro ost-a -k-*I�3tgal.-Yaro,-a fti g data f „r.. the az tmant or a response withs e fti g data from the other ,...,rty, (2) reject the .JCn''n3 ir. whole -or in pazt, (3) approve the Claim, (A) suggest n nLlili.141/11U U, 3pk5} advise the parties that .1,a Inittm' Dacision:Sa i3 xiuUla to resolve the Claim if the initial Decision Tfdd ar L141G sufficient information to evaluate the merits ofthe Jl iin or if -the lktial iDocis o Maker ,.,,,,,.ht an tl�at, in theinitial Decision Makers sole discretion :t wouldbe inappropriate for the !ktial Decision Maker to r elye the Claim. § 157 4 i,. evaluating f'lainy tl'e lnitU D eisionrzTs�r1 or 1Awy, llat/1W.I not be obligated t. consult with , seek information from either party or from per -sons with special knowledge or expertise who may f\a-tI.% lktiz� D 6sion Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 65 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) Maker i rendering ,, ,leeiskovh ri� liitid T ocision Maker may request the (1...ner to atAh„rize retention of S,,,.h pefsans at the Owner's e"ense. y-§ 15.2m � �rsn if rlJ I7PtGfw7 D „rI ,. - aat such pa-14 , shall res, ono ...;thr ter ,Jwys af4er r-eeeipt of the r-eq est and sliall either (i) pfeyide ., response en the requested va a d4 (2) ..,tvi z Zrti* J. Daeisien >`,r&er when the response a uayfo:*4ng-d*ta will he ftwnishe,a r (3) , &ise t z Liilkal- Daeisionn n 01W. ra suppef4ing data will he fl rnishe,1 Upon re e rt of the response , S"Perting ,t.... if any, Daeis en Maker- wileither re;eet , approve the Jain in wkgle erin § 15.2.5T4}o Ifir\' Deeisi .n r,r.,vor will ro the lnitU Dyer ivanakle to resolve theJ�_inm Thirinitia2. aeeision shall (1) he in writing; (2) state the reasons therefor; .,n (3) notify the pa-A:es and the Architect if the Are h:+Oet,!_nt/ji `?inn rr the llnitia) Deision Maker, of any ehange in .he cantr"ct Sum gr Contract Time or both.The initial ,aeeis om skall'St final and binding on the parties but subjeet to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispu- l„t' e n. §-4-5Z.6 Either porty rr ay file c r nediaticn of opt itktiz� deeisien-at any time, subject to the terms of ceetio , 15.2.6. , ether party file for- mediation. if sueh a demand is made and the p", FR,— i i - 11 1 ad fails te file for- medimieff within 30 days after receipt thefeef-, then both paftieswaive their r4g4ts to media4e E)r- pufsue ' diil�3�✓der proceedings with respect t the initial de § 15.2.7 in the event of a Claim against the e the Owner- may, but is not med the if , of the nature and amount of the Claim. if the Claim r-elmes to a passibil4y of a Gaffwaetaf's default, th 0-xn_,� ttxwy, but is not obligated to, netif�, the sur-ety and request the sufety's assistanee in r-eselving the eeatr-evefs�-. § ''5y—r�a Ja�iAri mlates t of is the subject f,..,,eehanie's l;en lyrrOrb; aosertirrr vaak Jeaim may-pfeeeed4a accordance with applicable law to eomply with the lien notice or filing deadlines. § 15.3 Mediatio Dispute Resolution. § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Co Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 1 c�15.1.6 shall be subject to non -binding mediation as a condition precedent to binding dispute rc lukan litieation. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree agreed otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding disp .*e resel..ir\. rwxediags4i#—,suit, but in such event, mediation shall proceed in advance of binding dispute � eels -the litieation, which shall be stayed pending mediation for a period of 60-sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.l=f ar-- w,-_-i'r ziar is ctzw ed r/wvaatrt to this Seetien 15.3.2, the pafties may § 15.3.3 Eithef pafty may, within 30 days from the date that mediation has been eeneluded without fesel"en ef the dispute or 60 days after mediation has been demanded without resehAion of the dispute, demand in writing that other party file for binding dispute resolution. if such a demand is made and the party receiving the demand fails to file for bi.,.t:.,g disputeresolution within 60 days a o reeeir. thereof, anya0M part,'os waive their rights to hindi,,,. dispute resolution proceedings ..with respect to the initial aeei4o,.Intentionalty Deleted. § 15.3.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place city and state where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.3.5 If a Claim relates to or is the subiect of a mechanic's lien, the Dartv assertins such Claim may Droceed in Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 66 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) accordance with applicable law to com_nly with the lien notice or filine deadlines _prior to resolution of the Claim by mediation or litigation. 4 15.3.6 The Contractor shall include in all subcontracts and purchase orders, litieation, mediation and consolidation provisions equivalent to those contained in this Section. This aereement to mediate and consolidate parties and claims shall be specifically enforceable. During mediation or litieation proceedines, the Owner and Contractor shall comply with Section 15.1.4.1. 4 15.3.7 If the parties are unable to resolve their Claims through mediation, either party may institute litigation in a court of competent iurisdiction in the state where the Proiect is located. § 15.4 n rbi i) Intentionally Deleted. § 15.4.1 if the pafties have seleeted ai-7bitfa4ian as the method for binding dispute Feseltition in the Agreemefft, aizty C)a�.m ual-jaet t, 1.,,4 net Yowl„0,1by, me l; *; on v sOl is .,tA1 eet to r-bitfation whieh, twiess the ,.. i4ies mutually o0 : of ot,3n tJ o date of the Agreement. ent The .4rl►it►r,ati= AxV I !),j conducted i the ..lace ,hero .1 0 Project is located, ,,,,less other 1..c tim is .3kmt7_Vly agreed upon. n .70...,.,n FLr aA,.tyv%c,,n 0W.1 ba made : riti delivered to the other party to the Contract, and filed with the person or entity L cy�+l•,,itr�i��t. Tho filing aotiee of demand F r .,r1.: mK,3,"1 mm ct :,t% ort dem and o.v,.,n al Ul ima t2`t'-know n wn o *k,t pQrty—on— hie afbitfa4ien is pefmitted to Intentionally Deleted. § 15.4.1.1 n or n«li twat err all Ik made no eaflier- than eenetfffendy with the filing of a r-equest fer 0dia. ie but i n evox.t4all it+2 made aftef the da4e when the inst4u4ion E)f legal or e"itable preeeedings based en the Claim„1 J1 k ✓wraad--t-)y tic app)xaable statute e f limit.,tiens For statute e Lmiw-iJ�tt rap e Fe o rt ,.F ., .. demand vitrofor- . fbitr-ati.,� by the per -sea ef efftit . �ni Wing the afbitfat a shalle stitute the instittAien „F legal o equitable p eedi gs based e the C4air.Intentionally Deleted. § 15.4.2 The award r-eadero,l b , vkz 364mo or mb" ,.-a4ar-s shall be final, -a ;,,,a.... efA . be of er-e Upon 4 : aeeefdanee wit"a pl�oWa law in any eetw ha-vin isdi tie thefeefIntentionally Deleted. § 15.4.3 The fefegeing agfeement te ar-bitrate and othef agfeements to afbitfate with an additional persen er entity duly eonsented to by parties to the AgFeen. opt, L�Wall ba s cifioall., enforceable , ., or uW-iAuVa lr�4n_%i)P-e0Urt lS xng jurisdiction there^':Intentionally Deleted. § 15.4.4 Consolidation or joinder Intentionally Deleted. § 15.4.4.1 Subject to the rules of the merioan ,Crritratian Association or _othar affJiAaVlo ^rbitf,tio r low either party may , l:a "n arEtrl_ ion conducted under this Agreement with any o ar arbAra6Dn to whioh itiz,�a party pFevidedthat (1) the arbitration ., en4 governing th or �dy.'trN.3n permit"Lmoolidation,(2) tb\,-aA/.'tW..ion&-te be eensolidated substanfially involve eommen questions of law or fact, and (3) the arbitrations employ materially �iwfl, ram" arA m Intentionally Deleted. § 15.4.4.2 w a Ji c w1_Ntra6eF r. ie ,.;.1 r ffeseii6" 17Bl`Viy?'1 if ..lore relief is ♦e be . arde i two.-ided thm the paft.. sought to bejoined eensef4s : r-itia . to .. „1, ; ade Cease o xa l* jt.^invelving an additionalper-son ea4y shall not e0ffsti tir„ro eensef4 to ar-birr.,r:e e arfj �ttit , dispute or- a�7 1 arzr in 4uxtian et desefibe,l the , r-We ef4 Intentionallv Deleted. § 15.4.4.3 Seelium 1 `.1, Whether by joinder or , olidation rl o otamo rigltte 3fjoinder and, lidation s those .f the Omer and Contractor under this n .seem, t-Antentionally Deleted. fsiznatures appear on the followinz pat?el Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 67 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1479883056) These General Conditions are entered into as of the day and vear first written in the Aereement and are executed in at least three (3) orieinal conies. of which one is to he delivered to the Contractor, one to the Ene_ ineer for use in the administration of the Contract, and the remainder to Owner. OWNER: McCormack Baron Salazar Development, Inc. a Missouri corporation (Si, nature C. Michael Saunders. Vice President (Printed name and title) CONTRACTOR: Block WT Huuhes House GC Joint Venture Bv: Block Builders, LLC, ` na hrnl 1 a I mpanX (Si nature) (Printed name and title) Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 68 American Institute of Architects. This document was produced at 13:56:47 ET on 04/04/2023 under Order No.3104237622 which expires on 12/06/2023, is not for resale, is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail doclnfo@alacontracts.com. User Notes: (1479883056) EXHIBIT A Schedule of Values EXHIBIT A Hughes House Phase I Public Improvements: Wet Utilities HLUCK COMPANIES I Exhibit A - SOV - 03.16.2023 1 Hughes House Public Infrastructure - Wet Utilities PHASEI PHASE DESCRIPTION 33.1000 DOMESTIC WATER AND FIREWATER 33.3000 SANITARY SEWER 33.4000 STORM WATER Subtotal Overhead 2% BUILDERS RISK INSURANCE (FBO) BUILDING PERMIT (FBO) STATE AND LOCAL TAX (Exempt) GL/UMBRELLA INS - in General Conditons GENERAL CONDITIONS SUBTOTAL GC FEE TOTAL TOTAL 1,044,966.31 320,886.35 319,746.87 1,685,599.52 30,862.84 100,542.21 1,817,004.57 101,135.97 1,918,140.54 Schedule of Values Page I of 1 EXHIBIT A-1 Not Applicable EXHIBIT B Assumptions and Clarifications EXHIBIT B Hughes House Phase I Public Improvements: Wet Utilities SLUCKExhibit B— Bid Qualifications C O M PA N I E S Hughes House Public Infrastructure — Wet Utilities 03.03.2023 1) Our Proposal Excludes the following: a) Underground obstructions not shown or indicated. b) Lost time through no fault of BLOCK BUILDERS, LLC. c) Lost time or additional cost due to Pandemics. d) The supply and installation of any items/assemblies not specifically shown on Drawings/Specs or qualified herein. e) Any cost increases due to incomplete design. f) Testing of any kind g) Builders Risk and OCP Insurance. h) State and Local Sales Tax i) Manned Security )) Cost Loaded Schedule k) Resource Loaded Schedule q Fee based from total costs for City of Fort Worth Community Fee Agreement z) Our Proposal Includes the following: a) Performance and Payment Bond. b) Microsoft Project will be the scheduling software used. c) Procore will be used for all RFI, Submittal, daily logs, pictures etc. d) Photographic Documentation will be done by Block Personnel e) All Quality Assurance and Quality Control (QA/QC) will be done by the Project Superintendent. OUILOINO SUCCESS, ONE RELATIONSHIP AT A TIME. Assumptions and Clarifications Page 1 of 3 EX SOCK Hughes House Phase I Public Improvements: Wet Utilities COMPANIES Exhibit C — Bid Clarifications Hughes House Public Infrastructure — Wet Utilities 03.03.223 Inclusions I Exclusions 01—GENERAL REQUIREMENTS Contractor's critical path method scheduling will reflect tasks, start, and finish dates, and milestone activities. Usage of CAD files without fee. 02 - EXISTING CONDITIONS All costs included in Div 33 — Utilities We have priced the demo of existing city streets per boring numbers B-09 and B-15, typical (we have not included provisions to demo concrete sub slabs or other atypical subgrade layers if encountered under existing asphalt) 31- EARTH WORK All costs included in Div 33 — Utilities All surface soils are to be dried by natural means. Assume all existing soils/road base material are free of contamination/nonhazardous and can be removed or reused as necessary. 32 — EXTERIOR IMPROVEMENTS Impact Fees. Tap Fees. Public works Permit Section 00 3132 Geotechnical Data Coordination Drawings. Waste Reduction Reports. All utility department fees or connection fees including but not limited to sewer impact, cable, gas, electrical, telephone, and water. Measurement and Payment, Unit Prices Shielding or blanketing overhead power lines. Franchise primary utility service agreements, permits, account set-up and account disconnection, deposits, fees, penalties, and use charges. Work related to unknown, unforeseen, unquantifiable conditions at off -site property fences, walls, pavements, grass, trees, lawn sprinkler and irrigation systems, and franchise utilities. Work within the ROW outside of normal working hours Demolition of any items not specifically shown on the plans Tree removal permits. Liability for damages associated with existing trees to remain. Removal, Cap, and Plug of any existing utilities if not shown on plans. Relocation, burying, and/or bracing of existing overhead or underground powerlines, telecommunications, cable, gas, and utility poles. Liability for discrepancies associated with existing topographic surveys. Verifying flowline, top of curb, grate elevations with grading plan and field conditions. Coordination for importing of soils to be tested for contaminates by owner's third -party testing agency for all ROW work. Excavation and haul -off of unforeseen debris Removal of Tires or Domestic Waste. Removal of Hazardous Materials. Remedial work After Proof Roll. All permits and fees. Remedial work if sulfate concentrations test above 3000 ppm (per soil report). Rock excavation - Rock shall be defined as those natural materials which cannot be excavated in an open excavation with a D-8, heavy duty tract type -tractor, weighted at not less than 285 hp flywheel power and equipped with a single -shank hydraulic ripper, capable of exerting not less than 45,000 lbs. breakout force, or equivalent machinery. All costs included in Div 33 — Utilities Responsibility to interpret and implement City of Fort Worth Standard Road subgrade per civil details in lieu of soil report. Example: 6" depth Construction General Notes and Specifications or any other AHJ of lime stabilization 27lbs/SY per details 1 and 2/C-05 in lieu of 8" depth guidelines and specifications if work is not designed, detailed, or incorporated into the Contract Documents. I Assumpl'IOriS an�Tff rldeakuonS TIC]f11sHIP AT A TIME. age of 3 EX SOCK Hughes House Phase I Public Improvements: Wet Utilities COMPANIES Exhibit C — Bid Clarifications Hughes House Public Infrastructure — Wet Utilities 03.03.223 Inclusions I Exclusions 33 — UTILITIES Final locations of all utility installation are per plans only. The option to flip the storm line on Etta Street to the westside of the road to avoid parking lot on eastside of Etta per email response from Tatum Newton (Kimley Horn) on 10.03.2022. Kill tap for up to 7 existing sanitary lines. Kill tap for up to 5 existing waterlines/meters. Lowering of existing waterline on Etta Street due to potential clash with installation of Strom line B: Installation of 4 — vertical 45-degree bends. Paving cut and pour -back of up to 12'x20' area. Replacement of up to 20 LF of waterline. Traffic control measures for included work only. 2 The haul -off of spoils accrued from ROW work to a class C landfill. Water meters. Rock excavation. Cost to repair damaged underground utilities not indicated on plans or marked by DigTess. Cleaning or video of new or existing storm drainage systems. Regulatory inspections once project is turned over. The arrangement and provisions necessary for adjustment of utilities if not shown on drawings unless otherwise specified in inclusions. Submission of trench safety plan (we will follow OSHA Standards) Well point dewatering. The responsibility of locating the placement light poles, signs, and other permanent objects in accessible routes if not shown on plans and not directly indicated to do so. Responsibility to interpret and implement City of Fort Worth Standard Construction General Notes and Specifications or any other AHJ guidelines and specifications if work is not designed, detailed, or incorporated into the Contract Documents. Verifying storm sewer components with grading plans and adjusting accordingly Temporary water supply to hydrants or neighboring properties. Assumpl'IOriS an�Tff rldeakuonS TIC7111sHIP AT A TIME. age of 3 EXHIBIT C Drawings and Specifications EXHIBIT C Hughes House Phase I Public Improvements: Wet Utilities BLUCK COMPANIES PRICING IS BASED UPON THE FOLLOWING: • PLANS DATED: 08/23/2022 - PUBLIC INFRASTRUCTURE AND URBAN FORESTRY SETS ONLY- AS IT PERTAINS TO FIRE AND DOMESTIC WATER, SANITARY SEWER, AND STORM SEWER ONLY • PLANS DATED: 01/2023 - UPDATED WATER AND SEWER; MARKED -UP VERSION BY KIMLEY HORN AND RECEIVED ON 02/27/2023, OMITTING DEMO AND INSTALLATION OF WATERLINE WORK ON AVE G FROM ETTA STREETS INTERSECTION TO LIBERTY STREETS INTERSECTION AND OMITTING DEMO AND INSTALLATION OF WATERLINE WORK ON ETTA ST. - AS IT PERTAINS TO PUBLIC FIRE AND DOMESTIC WATER, SANITARY SEWER, AND STORM SEWER ONLY • CONSTRUCTION MANUAL DATED: 08/23/2022 -AS IT PERTAINS TO PUBLIC FIRE AND DOMESTIC WATER, SANITARY SEWER, AND STORM SEWER ONLY • ADDENDUMS 1-2 • PROJECT DURATION -4 MONTHS BUILDING SUCCESS, ❑NE RELATIONSHIP AT A TIME. Drawings and Specifications Page 1 of 1 EXHIBIT D Affidavit of Certificate of Completion EXHIBIT D Hughes House Phase I Public Improvements: Wet Utilities EXHIBIT K AFFIDAVIT AND CERTIFICATE OF COMPLETION THE STATE OF TEXAS COUNTY OF TARRANT BEFORE US, the undersigned authorities, on this day of , 202_ personally appeared of Bennett Benner Partners, Inc. ("Architect"), and of the Block WT Cowan Place GC Joint Venture ("Prime Contractor"), and FW Cowan Place LP., a Texas limited partnership ("Owner"), known by us to be the persons whose names are subscribed below, and who, being by first duly sworn, did on their oath state and certify as follows (on behalf of Architect, Prime Contractor, and Owner, respectively, and not individually): 1. Owner, whose address is 720 Olive Street, Suite 2500, St. Louis, MO 63101, is the owner of the real property (the "Premises") situated in Tarrant County, Texas, more particularly described on Exhibit "A", on which certain real property "Improvements" (herein so called) were constructed and furnished under the original contract with the Prime Contractor, whose address is _619 Jefferson Highway, Suite 2G, Baton Rouge, LA 70806 2. The Improvements under the original contract between the Owner and the Prime Contractor (including all on -site and off -site Improvements) have been completed in substantial accordance with the approved Plans and Specifications listed on the attached Exhibit `B" as of [insert date]. 3. After reasonable investigation, to the best of their knowledge, (a) the Premises complies with all applicable restrictive covenants, building codes, permit requirements, and all other applicable laws, ordinances, codes, rules and regulations and (b) no hazardous or toxic substances or materials, as defined under any state, local or federal law, have been used on -site in constructing the Improvements or incorporated into the Premises, other than in compliance with applicable law. 4. All utility services necessary for the proper operation of the Improvements for its intended purpose are connected to and in sufficient capacity at the Premises, including water supply, storm and sanitary sewer facilities and gas (if the Plans and Specifications require the Improvements to be served by gas), electricity and telephone facilities (in the case of Owner, this statement being made to the best of Owner's knowledge). 5. Prime Contractor understands and acknowledges that pursuant to Section 53.106 of the Texas Property Code, any claimant providing any labor, materials, equipment and/or other work and/or services related to the Premises or Improvements, whether Prime Contractor or any subcontractors or suppliers of Prime Contractor, may not have a lien on retained funds unless the claimant files an affidavit claiming a lien not later than the 40th day after the date the work under the original contract is completed. 6. The Improvements are ready for immediate occupancy (in the case of Owner, this statement being made to the best of Owner's knowledge). Architect did and does hereby additionally state and certify as follows: = 1 " " 118515314\V-1 Affidavit and Certificate of Completion Page 1 of 3 EXHIBIT D Hughes House Phase I Public Improvements: Wet Utilities (a) Design and as -built conditions for the Premises are such that no drainage or surface or other water other than normal surface drainage will drain across or rest upon either the Premises or land of others; and (b) None of the Improvements creates or will create an encroachment over, across or upon any of the Premises boundary lines, building liens, setbacks, rights -of -way or easements, and no buildings or other Improvements on adjoining land create such an encroachment. Affiant did and does hereby additionally state and certify as follows: All roads and rights -of -way necessary for the utilization of the Premises for their intended purposes have been completed or acquired. AFFIANT "ARCHITECT": Bennett Benner Partners, Inc. By: Name: Title: SUBSCRIBED AND SWORN BEFORE ME, on this day of , 20, by of Bennett Benner Partners, Inc., on behalf of said corporation. Notary Public, State of = 1 " " 118515314\V-1 Affidavit and Certificate of Completion Page 2 of 3 EXHIBIT D Hughes House Phase I Public Improvements: Wet Utilities AFFIANT "PRIME CONTRACTOR": Block WT Cowan Place GC Joint Venture By: Block Builders, LLC, a Louisiana limited liability company By: Name: Title: SUBSCRIBED AND SWORN BEFORE ME, on this day of , 20_, by of Block WT Cowan Place GC Joint Venture on behalf of said corporation. Notary Public, State of F.MMANMW61,12k :ail FW Cowan Place LP By: Rosedale MBS SLP, Inc. By: Name: Title: SUBSCRIBED AND SWORN BEFORE ME, on this day of 120 , by of FW Cowan Place LP, a Texas limited partnership, on behalf of said corporation. Notary Public, State of = 1 " " 118515314\V-1 Affidavit and Certificate of Completion Page 3 of 3 EXHIBIT E Project Schedule EXHIBIT E ID Task Task Name Duration Start Finish Mode 1 E4 Hughes House - Public Wet Utilities 80 days Fri 4/28/23 Thu 8/27/23 2 14 Public Wet Utilities 80 days Fri 4/28/23 Thu 8/17/23 3 m4 Public Storm Line A 5 days Fri 4/28/23 Thu 5/4/23 4 R4 Sanitary Sewer 15 days Wed 5/3/23 Tue 5/23/23 5 14 Cut and plug 5 days Mon 5/22/23 Fri 5/26/23 6 Rill. Public Water Services 15 days Fri 5/26/23 Thu 6/15/23 7 E4 Public Storm Line B 10 days Fri 6/16/23 Thu 6/29/23 8 E4 Avenue G Public Water 20 days Fri 6/30/23 Thu 7/27/23 9 04 Water & Sewer Cut & Plugs (Rosedal 15 days Fri 7/28/23 Thu 8/17/23 10 R4 Scope Complete 0 days Thu 8/17/23 Thu 8/17/23 Task External Tasks Split ....... ... External Milestone Project: msprojll Date: Tue 4/4/23 Milestone ♦ Inactive Task Summary Inactive Milestone Project Summary Inactive Summary Hughes House Phase I Public Improvements: Wet Utilities May 2023 June 2023 July 2023 August 2023 211241271301 3 1 6 1 9 1 121 151 18 1211241271301 2 1 5 1 8 111114117120 123 1 261 291 z 1 5 1 8 111 1 14117 120123 126129 1� 4 7 1 10 1 131161191221 Manual Task Finish -only ♦ Duration -only Deadline b Manual Summary Rollup Critical Manual Summary Critical Split ...............„....... o u Start -only L Progress Page 1 Manual Progress Project Schedule Page 1 of 1 EXHIBIT F Form of Lien and Claim Waivers EXHIBIT F Hughes House Phase I Public Improvements: Wet Utilities Texas Statutory Form of Lien and Claim Waivers 1. Texas Conditional Waiver and Release on Progress Payment 2. Texas Unconditional Waiver and Release on Progress Payment 3. Texas Conditional Waiver and Release on Final Payment 4. Texas Unconditional Waiver and Release on Final Payment = 1 " " 118515315\V-1 Form of Lien and Claim Waivers Page 1 of 9 EXHIBIT F Hughes House Phase I Public Improvements: Wet Utilities CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT Project Job No. On receipt by the signer of this document of a check from (maker of check) in the sum of $ payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of (owner) located at (location) to the following extent: (job description). This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished. Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s). [signatures on following page] Texas Conditional Waiver and Release on Progress Payment - 1 = 1 " " 118515315\V-1 118515315\V-1 118515315\V-1 Form of Lien and Claim Waivers Page 2 of 9 EXHIBIT F Hughes House Phase I Public Improvements: Wet Utilities Date (Company name) By (Signature) (Title) STATE OF ) ) SS. COUNTY OF ) On this day of , in the year 20 , before me , a Notary Public in and for said state, personally appeared the of , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. NOTARY PUBLIC Print Name My commission expires: Notary's Seal: Texas Conditional Waiver and Release on Progress Payment - 2 = 1 " " 118515315\V-1 118515315\V-1 118515315\V-1 Form of Lien and Claim Waivers Page 3 of 9 EXHIBIT F Hughes House Phase I Public Improvements: Wet Utilities NOTICE: This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid, use a conditional release form. UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT Project Job No. The signer of this document has been paid and has received a progress payment in the sum of $ for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted) on the property of (owner) located at (location) to the following extent: (job description). The signer therefore waives and releases any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the above referenced project to the following extent: This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s). [signatures on following page] Texas Unconditional Waiver and Release on Progress Payment- 1 = 1 " " 118515315\V-1 118515315\V-1 118515315\V-1 Form of Lien and Claim Waivers Page 4 of 9 EXHIBIT F Hughes House Phase I Public Improvements: Wet Utilities Date (Company name) By (Signature) (Title) STATE OF ) ) SS. COUNTY OF ) On this day of , in the year 20 , before me , a Notary Public in and for said state, personally appeared the of , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. NOTARY PUBLIC Print Name My commission expires: Notary's Seal: Texas Unconditional Waiver and Release on Progress Payment - 2 = 1 " " 118515315\V-1 118515315\V-1 118515315\V-1 Form of Lien and Claim Waivers Page 5 of 9 EXHIBIT F Hughes House Phase I Public Improvements: Wet Utilities CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT Project Job No. On receipt by the signer of this document of a check from (maker of check) in the sum of $ payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of (owner) located at (location) to the following extent: (job description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. [signatures on following page] Texas Conditional Waiver and Release on Final Payment- 1 = 1 " " 118515315\V-1 118515315\V-1 118515315\V-1 Form of Lien and Claim Waivers Page 6 of 9 EXHIBIT F Hughes House Phase I Public Improvements: Wet Utilities Date (Company name) By (Signature) (Title) STATE OF ) ) SS. COUNTY OF ) On this day of , in the year 20 , before me , a Notary Public in and for said state, personally appeared the of , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. NOTARY PUBLIC Print Name My commission expires: Notary's Seal: Texas Conditional Waiver and Release on Final Payment - 2 = 1 " " 118515315\V-1 118515315\V-1 118515315\V-1 Form of Lien and Claim Waivers Page 7 of 9 EXHIBIT F Hughes House Phase I Public Improvements: Wet Utilities NOTICE: This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid, use a conditional release form. UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT Project Job No. The signer of this document has been paid in full for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted) on the property of (owner) located at (location) to the following extent: (job description). The signer therefore waives and releases any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. [signatures on following page] Texas Unconditional Waiver and Release on Final Payment - 1 = 1 " " 118515315\V-1 118515315\V-1 118515315\V-1 Form of Lien and Claim Waivers Page 8 of 9 EXHIBIT F Hughes House Phase I Public Improvements: Wet Utilities Date (Company name) By (Signature) (Title) STATE OF ) ) SS. COUNTY OF ) On this day of , in the year 20 , before me , a Notary Public in and for said state, personally appeared the of , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. NOTARY PUBLIC Print Name My commission expires: Notary's Seal: Texas Unconditional Waiver and Release on Final Payment - 2 = 1 " " 118515315\V-1 118515315\V-1 118515315\V-1 Form of Lien and Claim Waivers Page 9 of 9 EXHIBIT G Federal Davis Bacon Wage Decision EXHIBIT G Hughes House Phase I Public Improvements: Wet Utilities "General Decision Number: TX20230025 01/06/2023 Superseded General Decision Number: TX20220025 State: Texas Construction Type: Highway Counties: Archer, Callahan, Clay, Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker, Rockwall, Tarrant and Wise Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). 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). JIf the contract is entered �. into on or after January 30, 12022, or the contract is renewed or extended (e.g., an �. loption is exercised) on or after January 30, 2022: 1 1 1 1 1 1 1 JIf the contract was awarded onl. for between January 1, 2015 andl January 29, 2022, and the contract is not renewed or �. lextended on or after January 130, 2022: 1 1 1 1 1 Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $16.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2023. Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $12.15 per hour (or the applicable wage rate listed on this wage determination, Federal Davis Bacon Wage Decision Page I of 7 EXHIBIT G Hughes House Phase I Public Improvements: Wet Utilities if it is higher) for all hours spent performing on that contract in 2023. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2023 SUTX2011-007 08/03/2011 Rates Fringes CONCRETE FINISHER (Paving and Structures) ......................$ 14.12 ** ELECTRICIAN ......................$ 19.80 FORM BUILDER/FORM SETTER Paving & Curb ...............$ 13.16 ** Structures ..................$ 13.84 ** LABORER Asphalt Raker ...............$ 12.69 ** Flagger.....................$ 10.06 ** Laborer, Common .............$ 10.72 ** Laborer, Utility............$ 12.32 ** Pipelayer...................$ 13.24 ** Work Zone Barricade Servicer....................$ 11.68 ** POWER EQUIPMENT OPERATOR: Asphalt Distributor ......... $ 15.32 ** Asphalt Paving Machine ...... $ 13.99 ** Broom or Sweeper ............ $ 11.74 ** Concrete Pavement Finishing Machine ........... $ 16.05 ** Concrete Saw ................$ 14.48 ** Crane Operator, Lattice Federal Davis Bacon Wage Decision Page 2 of 7 EXHIBIT G Hughes House Phase I Public Improvements: Wet Utilities Boom 80 Tons or Less ........ $ 17.27 Crane Operator, Lattice Boom over 80 Tons ........... $ 20.52 Crane, Hydraulic 80 Tons or Less .....................$ 18.12 Crawler Tractor .............$ 14.07 ** Excavator, 50,000 pounds or less .....................$ 17.19 Excavator, over 50,000 pounds ......................$ 16.99 Foundation Drill , Truck Mounted .....................$ 21.07 Foundation Drill, Crawler Mounted .....................$ 17.99 Front End Loader 3 CY or Less ........................$ 13.69 ** Front End Loader, over 3 CY.$ 14.72 ** Loader/Backhoe..............$ 15.18 ** Mechanic ....................$ 17.68 Milling Machine .............$ 14.32 ** Motor Grader, Fine Grade .... $ 17.19 Motor Grader, Rough ......... $ 16.02 ** Pavement Marking Machine .... $ 13.63 ** Reclaimer/Pulverizer........ $ 11.01 ** Roller, Asphalt .............$ 13.08 ** Roller, Other ...............$ 11.51 ** Scraper .....................$ 12.96 ** Small Slipform Machine ...... $ 15.96 ** Spreader Box ................$ 14.73 ** Servicer .........................$ 14.58 ** Steel Worker (Reinforcing) ....... $ 16.18 ** TRUCK DRIVER Lowboy -Float ................$ 16.24 Off Road Hauler .............$ 12.25 ** Single Axle .................$ 12.31 ** Single or Tandem Axle Dump Truck .......................$ 12.62 ** Tandem Axle Tractor with Semi Trailer ................$ 12.86 ** Transit -Mix .................$ 14.14 ** WELDER ...........................$ 14.84 ** ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Federal Davis Bacon Wage Decision Page 3 of 7 EXHIBIT G Hughes House Phase I Public Improvements: Wet Utilities ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). 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/government-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 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: Federal Davis Bacon Wage Decision Page 4 of 7 EXHIBIT G Hughes House Phase I Public Improvements: Wet Utilities 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. 07/01/2014 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 5/13/2014. 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 each year, to reflect a weighted negotiated/CBA rate of the union based. a year, usually in January of average of the current locals from which the rate is Federal Davis Bacon Wage Decision Page 5 of 7 EXHIBIT G Hughes House Phase I Public Improvements: Wet Utilities 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 Federal Davis Bacon Wage Decision Page 6 of 7 EXHIBIT G Hughes House Phase I Public Improvements: Wet Utilities 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" Federal Davis Bacon Wage Decision Page 7 of 7 EXHIBIT H HUD Federal Labor Standards Provisions (Copeland ("Anti -Kickback") Act) EXHIBIT H Hughes House Phase I Public Improvements: Wet Utilities Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (i1) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: Previous editions are obsolete (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part Page 1 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 HUD Federal Labor Standards Provisions Page I of 5 EXHIBIT H Hughes House Phase I Public Improvements: Wet Utilities of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been Previous editions are obsolete communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at htti)://www.dol.aovlesalwhd/formslwh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149. ) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; Page 2 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 HUD Federal Labor Standards Provisions Page 2 of 5 EXHIBIT H Hughes House Phase I Public Improvements: Wet Utilities (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who Previous editions are obsolete is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant `,to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by Page 3 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 HUD Federal Labor Standards Provisions Page 3 of 5 EXHIBIT H Hughes House Phase I Public Improvements: Wet Utilities the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be Previous editions are obsolete awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1 ) of this paragraph. Page 4 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 HUD Federal Labor Standards Provisions Page 4 of 5 EXHIBIT H Hughes House Phase I Public Improvements: Wet Utilities (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1 ) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et sea. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete Page 5 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 HUD Federal Labor Standards Provisions Page 5 of 5 EXHIBIT I Section 3 and MBE/WBE Requirements EXHIBIT I RECOR�.f Hughes House Phase I Public Improvements: Wet Utilities SPND This document is scheduled to be published in the - Federal Register on 09/29/2020 and available online at ob ov federairegister.gov/d/2020-19185, and on govinfo.gov N 1985 d DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Parts 5,14, 75, 91, 92, 93,135, 266, 570, 574, 576, 578, 905, 964, 983, and 1000 [Docket No. FR-6085-F-031 RIN 2501-AD87 Enhancing and Streamlining the Implementation of Section 3 Requirements for Creating Economic Opportunities for Low- and Very Low -Income Persons and Eligible Businesses AGENCY: Office of the Secretary, HUD. ACTION: Final rule. SUMMARY: Section 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1992 (Section 3), contributes to the establishment of stronger, more sustainable communities by ensuring that employment and other economic opportunities generated by Federal financial assistance for housing and community development programs are, to the greatest extent feasible, directed toward low- and very low-income persons, particularly those who receive government assistance for housing. In accordance with statutory authority, HUD is charged with the responsibility to implement and enforce Section 3. HUD's regulations implementing the requirements of Section 3 have not been updated since 1994 and are not as effective as HUD believes they could be. This final rule updates HUD's Section 3 regulations to create more effective incentives for employers to retain and invest in their low - and very low-income workers, streamline reporting requirements by aligning them with typical business practices, provide for program -specific oversight, and clarify the obligations of entities that are covered by Section 3. These changes will increase Section 3's impact for low- and very low-income persons, increase compliance with Section 3 requirements, and reduce regulatory burden. Section 3 and MBE/WBE Requirements Page 1 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Dates: Effective Date: JINSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] . Compliance Dates: Public housing financial assistance recipients must implement their Section 3 activities pursuant to these regulations and comply with the reporting requirements starting with the recipient's first full fiscal year after July 1, 2021. These regulations are applicable to Section 3 projects for which assistance or funds are committed on or after July 1, 2021. FOR FURTHER INFORMATION CONTACT: For questions, please contact the following people (the phone numbers are not toll -free): For Public Housing Financial Assistance: Merrie Nichols -Dixon, Director, Office of Policy Program and Legislation, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street, SW, Room 3178, Washington DC 20410; telephone 202-402-4673 (not a toll -free number). For Community Development Block Grant (CDBG)/CDBG Disaster Recoverv/Section 108 Loan Guarantee Program: Jessie Handforth Kome, Director, Office of Block Grant Assistance, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street, SW, Room 7282, Washington DC 20410; telephone 202-708-3587 (voice/TDD) (not a toll -free numbers). For HOME or Housing Trust Fund Section 3 moiects: Virginia Sardone, Director, Office of Affordable Housing Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street, SW, Room 10168, Washington DC 20410; telephone 202-402-4606 (not a toll -free number). For Office of Housinc programs: Thomas R. Davis, Director, Office of Recapitalization, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW, Room Section 3 and MBE/WBE Requirements Page 2 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities 6230, Washington DC 20410; telephone 202-402-7549 (voice/TDD) (these are not toll -free numbers). Persons with hearing or speech impairments may access this number through TTY by calling the Federal Relay Service, at toll -free, 800-877-8339. General email inquiries regarding Section 3 may be sent to: section3@hud.gov. SUPPLEMENTARY INFORMATION: I. Background Section 3 of the Housing and Urban Development Act of 1968 (Public Law 90-448, approved August 1, 1968) (Section 3) was enacted to bring economic opportunities generated by certain HUD financial assistance expenditures, to the greatest extent feasible, to low- and very low-income persons residing in communities where the financial assistance is expended. Section 3 recognizes that HUD funds are often one of the largest sources of Federal funds expended in low- and very low-income communities and, where such funds are spent on activities such as construction and rehabilitation of housing and other public facilities, the expenditure results in economic opportunities. By directing HUD -funded economic opportunities to residents and businesses in the community where the funds are expended, the expenditure can have the dual benefit of creating new or rehabilitated housing and other facilities while providing opportunities for employment and training for the residents of these communities. The Section 3 statute establishes priorities for employment and contracting for public housing programs and for other programs that provide housing and community development assistance. For example, the prioritization as it relates to public housing assistance places an emphasis on public housing residents, in contrast to the prioritization as it relates to housing and Section 3 and MBE/WBE Requirements Page 3 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities community development assistance, which places more emphasis on residents of the neighborhood or service area in which the investment is being made. In the 25 years since HUD promulgated the current Section 3 regulations, significant legislation has been enacted that affects Section 3.1 In addition, HUD has also heard from the public that there is a need for regulatory changes to clarify and simplify the existing requirements. HUD's experience in administering Section 3 over time has also provided insight as to how HUD could improve its Section 3 regulations. HUD, thus, concluded that regulatory changes were necessary to streamline Section 3 and more effectively benefit low- and very low- income persons through HUD financial assistance to achieve the Section 3 statute's purposes. II. The Proposed Rule HUD issued a proposed rule on April 4, 2019 (84 FR 13177) to update the existing regulations and streamline the Section 3 program. Promote sustained employment and career development The proposed rule included multiple elements designed to increase Section 3's impact in directing employment opportunities and sustaining employment for the people served by HUD financial assistance programs. The rule proposed tracking and reporting labor hours instead of new hires. While the previous new hire framework was valuable for measuring entry into employment, the new hire framework did not capture the extent to which new hiring 1 This legislation includes, but is not limited to, the following: reforms made to HUD's Indian housing programs by the Native American Housing Assistance and Self -Determination Act of 1996 (NAHASDA) (Public Law 104-330, approved October 26, 1996); public housing reforms made by the Quality Housing and Work Responsibility Act of 1998 (QHWRA) (Public Law 105-276, approved October 21, 1998); reforms made to HUD's supportive housing programs by the Section 202 Supportive Housing for the Elderly Act of 2010 (Public Law 111-372, approved January 4, 2011); and the Frank Melville Supportive Housing Investment Act of 2010 (Public Law 111-347, approved January 4, 2011). Section 3 and MBE/WBE Requirements Page 4 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities opportunities are created relative to the total work performed, nor whether those opportunities are sustained over time. The proposed rule's focus on labor hours sought to measure total actual employment and the proportion of the total employment performed by low- and very low-income workers. In addition, the change to labor hours emphasized continued employment. For example, the prior exclusive focus on counting new hires regarded five new hires for one -month opportunities as a more valued outcome than one 12-month opportunity, and it did not distinguish between full- and part-time employment. A full-time job sustained over a long period allows a low- or very low-income worker to gain skills and is a strong indicator of progress towards self-sufficiency. The new focus on labor hours would ensure that longer -term, full-time opportunities are appropriately recognized. HUD's proposed rule also sought comment on maintaining the new hire framework for only Public Housing Agencies (PHAs). HUD held a number of listening sessions and heard from some PHAs that they would prefer to keep reporting new hires rather than switch to reporting labor hours. Therefore, while HUD believes tracking labor hours is the best option and would simplify reporting, HUD did seek comment on the alternative option of maintaining the new hires framework for PHAs. Align Section 3 reporting with standard business practices HUD also proposed tracking labor hours rather than new hires because it would be more consistent with business practices. Most construction contractors working on HUD assisted projects already track labor hours in their payroll systems because they pay their employees Section 3 and MBE/WBE Requirements Page 5 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities based on an hourly wage. In some cases, they are also subject to prevailing wage requirements.2 HUD believes a consistent labor -hour tracking mechanism makes compliance with Section 3 easier not only for recipients of HUD assistance, but also for contractors and subcontractors. The proposed rule provided that for employers who do not track labor hours in detail through a time -and -attendance system, such employers could provide a good faith assessment of the labor hours for a full- or part-time employee. However, if a time -and -attendance system is later implemented, the accurate labor hour accounting would be required. Applicability and Thresholds The Section 3 statute applies to both: 1) HUD's Public Housing Program, and 2) Other HUD programs that provide housing and community development assistance. For ease in administration for recipients using one or both of these HUD funding streams, the proposed rule provided definitions for these types of funding and specified Section 3 requirements for each type. The proposed rule included the following definitions for the scope of such financial assistance: (1) public housing financial assistance covers: (a) development assistance provided pursuant to Section 5 of the United States Housing Act of 1937 (the 1937 Act), (b) operations and management assistance provided pursuant to Section 9(e) of the 1937 Act (Operating Fund), and 2 See 42 USC 1437j(a), 24 CFR 905.308(b)(3)(ii), 24 CFR 965.101, 25 USC 4225(b)(1)(A), and 24 CFR 1006.345(b). Section 3 and MBE/WBE Requirements Page 6 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (c) development, modernization, and management assistance provided pursuant to Section 9(d) of the 1937 Act (Capital Fund); and (2) Section 3 projects cover HUD program assistance used for housing rehabilitation, housing construction and other public construction projects that generally exceed a $200,000 project threshold or any Section 3 project funding from HUD's Lead Hazard Control and Healthy Homes programs. The proposed definitions defined the scope of programs subject to Section 3 requirements but did not expand such coverage beyond the compliance requirements of HUD's prior regulations. HUD proposed the $200,000 threshold for housing rehabilitation, housing construction and other public construction projects because work below that amount would likely not trigger long-term employment opportunities for which the recipient could show measurable labor hours. The proposed rule also clarified that contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under Section 101(k) of the Native American Housing Assistance and Self -Determination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business opportunities to Indians and Indian organizations. Reporting and Targeted Section 3 Workers The proposed rule aimed to align Section 3 reporting requirements more closely to the statutory priorities; HUD's previous regulation tracked only public housing residents or low- or very low-income persons who lived in the metropolitan area or nonmetropolitan county of the project, rather than whether the statutory priorities were met. The rule proposed a new definition of "Section 3 worker" as any worker or who meets at least one of the following criteria: low- or Section 3 and MBE/WBE Requirements Page 7 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities very low-income, as established by HUD's income limits; living in a Qualified Census Tract (QCT); or employed by a Section 3 business concern.3 The proposed rule also included a new "Targeted Section 3 worker" definition so that HUD could track, and recipients could target, the hiring of Section 3 workers in selected categories. The Section 3 statute requires certain financial assistance recipients to prioritize their efforts to direct employment and economic opportunities to specific groups of low- and very low-income individuals. The "Targeted Section 3 worker" reflects both statutory and policy priorities that HUD wishes to specifically track. For public housing financial assistance, the proposed definition of a Targeted Section 3 worker was a Section 3 worker who is also: (1) A worker employed by a Section 3 business concern; or (2) A worker who is currently or who was when hired by the worker's current employer, a resident in a public housing project or Section 8-assisted housing; or (3) A resident of other projects managed by the PHA that is expending assistance; or (4) A current YouthBuild participant. For other HUD assistance programs, the proposed priorities were: (1) Residents within the service area or the neighborhood of the project, and (2) YouthBuild participants. 3 Section 3 business concern means: (1) A business concern that meets one of the following criteria: (i) It is at least 51 percent owned by low- or very low-income persons; (ii) Over 75 percent of the labor hours performed for the business are performed by low- or very low-income persons; or (iii) It is a business at least 25 percent owned by current public housing residents or residents who currently live in Section 8-assisted housing. (2) The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees. (3) Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract. Section 3 and MBE/WBE Requirements Page 8 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities There is also a statutory contracting priority for businesses that provide economic opportunities for low- and very low-income workers. Therefore, HUD proposed including labor hours worked by the Section 3 business concern employees for both Section 3 workers and Targeted Section 3 workers. HUD also proposed a new Section 3 business concern definition that reflected the change to labor hours and increased the threshold of work performed by a business by low- and very low-income workers given the proposed rule's inclusion of all Section 3 business concerns' labor hours in the definition of both Section 3 workers and Targeted Section 3 workers. The proposed rule created the following construct for measuring workers: All Workers All Section 3 Workers Targeted Section 3 Workers Benchmarks The proposed rule provided that a new Section 3 benchmark measurement would serve as a safe harbor for those recipients that meet the new benchmark. The primary objective of the proposed rule was to reflect and monitor grantees' abilities to direct job opportunities that are generated by HUD financial assistance to Section 3 workers and Targeted Section 3 workers. The proposal included using benchmarks based on ratios of Section 3 workers and Targeted Section 3 workers in comparison to all workers. HUD proposed that the benchmarks would be Section 3 and MBE/WBE Requirements Page 9 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities set by Federal Register Notice and amended periodically to provide for updating of the benchmarks to align with the reporting data HUD received. As HUD gathers more data under the new rule, HUD could increase or decrease benchmark figures over time, or tailor different benchmarks for different geographies and different funding types. If a recipient certifies compliance with the statutory priorities and meets the outcome benchmarks, HUD will presume the recipient is complying with Section 3 requirements, absent evidence to the contrary. Recipients are still required to report their outcomes, and HUD will monitor them accordingly through the data reporting methods used to oversee all other program requirements in each applicable program area. Otherwise, recipients would be required to submit qualitative reports on their efforts, as they are required to do under HUD's previous rule when they do not meet the safe harbor, and HUD may conduct monitoring to review the recipient's compliance, again consistent with practices used to monitor program participants' compliance with other program requirements. The proposed rule also provided a burden relieving measure for PHAs with fewer than 250 units. For these PHAs, they would only be required to report on Section 3 qualitative efforts and would not need to track labor hours for Section 3 workers and Targeted Section 3 workers. Multiple Funding Sources The proposed rule created a new section for housing rehabilitation, housing construction, or other public construction projects assisted with funds from more than one HUD program. Specifically, the proposed rule provided that when a Section 3 project is funded by public housing financial assistance, the public housing financial assistance must be tracked and reported consistent with the public housing financial assistance requirements in subpart B, while the community development financial assistance may follow the requirements in subpart B or Section 3 and MBE/WBE Requirements Page 10 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities subpart C. The proposed rule directed that when a Section 3 project receives housing and community development assistance from two different HUD programs, HUD would designate guidance through a single reporting office. Integrate Section 3 into program enforcement Since HUD program office staff are regularly in touch with HUD's funding recipients on other compliance requirements, HUD proposed that program offices incorporate Section 3 compliance and oversight into regular program oversight and make Section 3 an integral part of the program's oversight work. The proposed rule also streamlined the complaint and compliance process to make Section 3 compliance consistent with existing practices for other requirements. The proposed rule shifted the delegation of authority for Section 3 enforcement and compliance responsibilities from the Assistant Secretary for Fair Housing and Equal Opportunity to reside with each of the applicable HUD program offices. III. Changes Made at the Final Rule Stage After review and consideration of the public comments and upon HUD's further consideration of Section 3 and the issues raised in the proposed rule, HUD has adopted the proposed rule as final with a few changes in this final rule. HUD also made minor edits to clarify the rule's language. The following highlights the substantive changes made by HUD in this final rule from the proposed rule. Removing Alternative 2 for New Hires After considering the data, Section 3's statutory goals, and the public comments, HUD is not retaining the tracking of new hires for PHAs, but instead requiring tracking of labor hours for all Section 3 outcomes. HUD agrees with commenters that it is in the best interest of the communities served by HUD to implement a more impactful Section 3 standard across all HUD - Section 3 and MBE/WBE Requirements Page 11 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities funded programs. Using different metrics for different programs would unnecessarily further complicate Section 3 reporting. Tracking labor hours is meant to ensure that Section 3 workers have sustained employment and career opportunities. HUD believes that the use of new hires provides an incomplete measure of the employment and local contracting opportunities available to low- and very low-income persons envisioned by the Section 3 statute. HUD expects the labor hour data to present a more accurate assessment of Section 3's impact. The focus on labor hours will measure total actual employment and the proportion of the total employment performed by low- and very low-income workers, which will mitigate contractors' ability to manipulate their Section 3 outcomes. Section 3 Project Threshold HUD received many public comments on proposed changes to the Section 3 Project threshold. HUD still considers the $200,000 threshold for Section 3 projects appropriate given the percentage of projects that will continue to be covered and are likely to result in opportunities for employment of low- and very low-income workers when expended on construction -related activities. However, in response to public comments, HUD is providing that in this final rule, the Secretary may adjust the threshold, through a Federal Register Notice subject to public comment, in order to ensure Section 3 compliance. HUD's proposed rule already provided for the Secretary to update the threshold not less than once every five years based on a national construction cost inflation factor; the final rule now provides that the Secretary updates the benchmarks not less frequently than once every three years. HUD believes adding this flexibility is responsive to the comments received by the public. HUD will continue to work with program participants to adjust the thresholds accordingly, if necessary, based on the updated data provided under this final rule. Section 3 and MBE/WBE Requirements Page 12 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Setting a Proiect Threshold for Lead Hazard Control Grants HUD also received comments regarding the exclusion of projects under HUD's Lead Hazard Control and Healthy Homes program from the $200,000 project threshold. Lead hazard control projects are generally smaller, so many commenters suggested a lower threshold for such projects. On the other hand, other commenters noted that not including a threshold for lead hazard control grants altogether may incidentally include small grants that should not be subject to Section 3. For example, some Lead and Healthy Homes Technical Studies grants study the health effects of installed housing components in projects typically smaller than $100,000. As expected, they did not result in opportunities for employment of Section 3 workers under the previous regulations. At the final rule stage, HUD is therefore adopting a $100,000 project threshold for all projects that receive funding from HUD's Lead Hazard Control and Healthy Homes programs. HUD adopted this number to match the contract threshold in the previous regulations (see previous 24 CFR 135.3(a)(3)). Removing the Qualified Census Tract Definition After considering Section 3's statutory goals and the public comments, HUD is removing the QCT definition from this final rule. The addition of this criteria was to encourage hiring in the QCT and to make targeted hiring easier, but HUD recognizes that the inclusion of workers in these areas could inadvertently include individuals who are not low- or very low-income. Rather than the broad QCT definition, HUD is limiting the Section 3 worker definition to be more consistent with the statute, which requires prioritization of low- and very low-income workers and YouthBuild participants. This should also alleviate any potential burden on participants associated with the QCT designation. Chanainfz the Section 3 Business Concern Definition Section 3 and MBE/WBE Requirements Page 13 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities In adopting the proposed definition of Section 3 business concern in this final rule, HUD is maintaining the over 75 percent of the labor hours performed for the business on construction are performed by low- or very low-income persons standard, but adding in that such performance must be over the last three-month period to help businesses determine whether or not they meet the criteria. HUD is also maintaining a separate criterion for businesses owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing, but increasing the required percentage of owned and controlled to 51 %. This change is in response to public comments and to maintain consistency with HUD's public housing regulations on contracting with resident -owned businesses at 24 CFR part 963. HUD also added a change to the documentation timing in paragraph (1) of the Section 3 business concern definition to allow a six-month grace period. HUD understands that businesses need time when bidding on contracts and prior to the contract's execution to assemble materials and to assess labor hours. This change is responsive to commenters who expressed concerns about Section 3 status retention, since labor hours can be dependent on the number of contracts on which a business bids and receives. Chanaina the Professional Services Definition In this final rule, HUD is amending the professional services definition to clarify that only non -construction services that require an advanced degree or professional licensing, rather than all non -construction services, are excluded from Section 3. HUD wants to ensure this final rule's emphasis encapsulates the statutory requirement to prioritize low- and very low-income workers, and provides this category of exempted workers from reporting given the challenge to hire low- and very low-income workers in jobs that require such degrees and licensing. Counting Labor Hours for 5 Years Section 3 and MBE/WBE Requirements Page 14 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities HUD's proposed rule provided that labor hours for Section 3 workers and Targeted Section 3 workers could be counted as long as the worker met the definition of a Section 3 worker or Targeted Section 3 worker at the time of hire. Based on public comments and further consideration, HUD agrees that a worker whose income has risen should only be counted for Section 3 purposes for a limited time period. HUD wants to ensure employers are invested in keeping Section 3 workers employed, and that there is enough opportunity to build skills and experience so that Section 3 workers may develop self-sufficiency and compete for other jobs in the future. Therefore, HUD provides that for purposes of reporting the labor hours for Section 3 workers and Targeted Section 3 workers, an employer may choose whether the workers are defined as Section 3 workers for a five-year period at the time of the workers' hire, or when the workers are first certified as meeting the Section 3 worker definition. Delaved Effective Date The rule provides for a delayed transition to labor hours and the associated recordkeeping requirements. HUD recognizes that employers and grantees will need time to transition their systems and reporting practices as a result of this final rule. HUD is mindful of the need to update policies and procedures for planning purposes, and the importance of implementing the rule such that employers will be able to comply. Therefore, HUD has provided for a transition period through at least July 1, 2021. During this transition period, HUD expects that employers and grantees will begin following this final rule's requirements for new grants, commitments, and contracts. The exact date on which any particular recipient of HUD funding will be able to implement the conversion to the new requirements will vary during this transition period, but the transition must be complete by July 1, 2021. The reporting requirements and labor hours Section 3 and MBE/WBE Requirements Page 15 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities tracking will not begin until the dates for each entity specified in the "Compliance Date" section above. IV. Discussion of Public Comments and HUD's Responses The public comment period on the proposed rule closed on June 3, 2019, and HUD received 163 public comments. The comments came from state and city government agencies and housing administrations, housing authorities, non -profits, independent consultants, private citizens, housing authority directors, small businesses, the construction industry, and housing authority associations. The following presents the significant issues and questions related to the proposed rule raised by the commenters, and HUD's responses to these issues and questions. HUD would like to thank all the commenters for their thoughtful responses. "Best efforts" and "greatest extent feasible" In the proposed rule, HUD included a specific question for public comment regarding these statutory terms. Some commenters suggested the terms are interchangeable. One commenter suggested that HUD use the term "reasonable best efforts" for CDBG and HOME recipients and remove the term "greatest extent feasible" from the Section 3 regulations or use only "best efforts." Other commenters argued that these words are key to the intent of the statute, which is to provide recipients leeway when constraints outside their control impede implementation, and recommended that HUD provide guidance materials on how to show best efforts when organizations do not meet their Section 3 goals, such as data collection forms which would indicate best efforts or non-exclusive lists of examples of "best efforts" and "greatest extent feasible." In contrast, some commenters suggested that these terms are not interchangeable. One commenter said that "best efforts" should be measured by tracking outreach and outcomes of Section 3 and MBE/WBE Requirements Page 16 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities outreach and "greatest extent feasible" is the result of "best efforts." Another commenter argued that "best efforts" can be more clearly defined than "greatest extent feasible," as specific actions can demonstrate efforts, while feasibility is a more passive analysis of what is possible. One commenter argued that the "greatest extent feasible" is a much more rigid and prescriptive standard than the "best efforts" standard and noted that courts have found that the "best efforts" requirement "specifically avoids creating a mandatory obligation on the part of the agencies the statute affects." This "best efforts" standard likewise "does not call for perfect compliance." This commenter encouraged HUD to allow PHAs to retain greater discretion over the development of their own Section 3 programs. A commenter suggested that Subpart B participants should continue to use "best efforts" while Subpart C participants should use "greatest extent feasible," and agencies receiving funding that triggers compliance under Subparts B and C should use the "best efforts" standard. One commenter suggested using the term "best efforts" to comply with employment, contracting and training opportunities. Commenters also urged HUD to enforce the terms "best efforts" and "greatest extent possible," suggesting that whatever the standard, if an activity by a recipient, contractor or subcontractor does not adequately serve to hire, train, and retain a Section 3 worker, then it should not meet the standard. These commenters provided an example of a PHA's best effort. Commenters noted that while the recipient or contractor appears to meet the Section 3 goal, or at least made "best efforts" to reach the goal, in practicality such effort is not workable. One commenter wrote that the terms without any definition are too broad and should be defined to assist in compliance with Section 3. Another commenter proposed that HUD should define the terms by how they will be measured; for instance, that "best efforts" could be Section 3 and MBE/WBE Requirements Page 17 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities determined by a specific set of metrics around recruitment efforts and the percentage of Section 3 workers in the area. One commenter suggested a way to draft the rule using dollars spent to track compliance such that these terms would not be necessary. Other commenters requested that HUD not define these terms or should not restrictively define these terms because HUD should trust the judgment and common sense of its professional field staff to determine compliance, because documenting compliance according to specific definitions could create additional administrative burden, because there are constraints outside the grantee's control, and because guidelines may stifle innovation. HUD Response: HUD appreciates commenters' responses to the specific question regarding "best efforts" and "greatest extent feasible" in the proposed rule. "Best efforts" and "greatest extent feasible" are statutory terms, used in the statute in different contexts. As such, HUD will continue to use both terms to track compliance. HUD agrees with commenters that there are many ways to interpret the language. Traditionally, HUD has used the terms interchangeably, as referenced in the statute, and will continue to be consistent with the statutory language. See 12 U.S.C. 170lu(b)-(d). HUD also agrees with commenters who noted these terms are integral to the statutory intent and provide flexibility, rather than administrative burden, to grantees or recipients. HUD notes that some perceive "best efforts" to be the more rigorous standard, while others perceive "greatest extent feasible" to be the more rigorous standard. HUD has determined not to define the difference between these two terms, but rather to increase the emphasis on outcomes as a result of these efforts. A recipient's reported results will be compared to the outcome metrics defined in the benchmark Notice. HUD program staff will evaluate the level of effort expended by those recipients that fail to meet the benchmark safe harbor, and thus will Section 3 and MBE/WBE Requirements Page 18 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities ensure that the statutory terms are being properly enforced. HUD included a list of examples in the regulation at §§ 75.15 and 75.25, including engagement in outreach efforts to generate job applicants who are Targeted Section 3 workers, providing training or apprenticeship opportunities, and providing technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). Move to Labor Hours Support for using "labor hours" Many commenters supported the shift to labor hours and, notwithstanding the alternatives presented in the proposed rule for PHAs, encouraged HUD to do the same for public housing construction, modernization, and similar work. These commenters stated that the "new hire" loophole should be eliminated for both housing and community development and public housing projects. Commenters stated that, in practice, contractors have only brought on new hires for short periods of time; the shift to labor hours will promote longer term employment. Commenters also stated that the shift to labor hours would solve the problem of contractors using dishonest practices to meet benchmarks, such as hiring Section 3 residents to fill the 30% benchmark only to lay them off shortly thereafter, or employing Section 3 hires for less than 20 hours a week. Commenters stated that allowing PHAs and their contractors to use "new hires" could provide a loophole to PHAs, allowing them to hire Section 3 workers for a limited or short time frame in order to comply with the regulation. Short-term employment does not allow residents to obtain technical skills, knowledge, or adequate savings. PHAs should be required to use labor hours worked because they can evade Section 3 compliance through manipulative hiring practices. Section 3 and MBE/WBE Requirements Page 19 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Commenters stated that the "labor hours" standard is far more effective, less susceptible to manipulation and administratively easier to verify. Commenters stated that the new hire standard is vulnerable to manipulation, because any contractor or subcontractor that performs work on more than one project at a time can easily avoid Section 3 hiring responsibilities by placing their new hires on non -Section 3 covered projects. Commenters asserted the new hire standard may be the single greatest barrier to achieving the employment potential of Section 3. HUD Response: HUD agrees that counting new hires can be problematic and that collecting labor hours can be a more effective measure. As stated in the proposed rule, HUD believes that counting labor hours is consistent with the statute and mitigates contractors' ability to manipulate their Section 3 outcomes. HUD has adopted the suggestion by the commenters and in the final rule applies the labor hour requirements to both housing and community development and public housing projects. Support for using new hires Many commenters supported retaining the new hires metrics. Commenters stated that tracking by labor hours is burdensome, will increase administrative costs, and will not streamline the Section 3 reporting requirements. One commenter refuted HUD's hypothesis articulated in the proposed rule and stated that a labor hours metric is unlikely to capture the data on sustained employment opportunities that HUD is seeking. Another commenter stated that the proposed labor hours metric would decrease the number of firms willing to bid on contracts, increase the cost of public contracting for both the PHA and contractors, and provide no appreciable increase in Section 3 workers. Commenters stated that HUD should continue to track compliance by new hires for both Subparts B and C. Section 3 and MBE/WBE Requirements Page 20 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities One commenter stated that labor hours should only apply to projects that already require the collection of certified payrolls as part of Davis Bacon compliance. Another commenter recommended HUD look to existing programs such as the Department of Transportation's Disadvantaged Business Enterprises for guidance to make substantive changes to Section 3. Commenters stated that the changes will generate additional administrative burdens. Commenters especially emphasized the potential impact on the Housing Trust Fund (HTF) program and state CDBG and HOME program implementation because states, particularly small and rural community sub -grantees, have limited capacity. Commenters recommended HUD give State CDBG programs a similar alternative to the one offered to PHAs in § 75.15(d). Another commenter proposed HUD allow State CDBG programs to use a good faith assessment of hours, stating that §75.25(a)(4) will help but will not eliminate the difficulty for State CDBG programs. Another commenter specifically referenced HOME funding and the HTF regulations, noting that stated HTF regulations do not trigger Davis -Bacon and it is rare for a HOME -funded project to trigger Davis -Bacon and prevailing wage requirements. Commenters stated that HUD's assumption that labor hours are already tracked by most contractors and subcontractors to comply with the prevailing wage requirement is false. Commenters specifically noted that not all CDBG programs are subject to such requirements. One commenter wrote that even a small maintenance contract could result in 6 extra work hours for staff charged with ensuring correct payroll entries and compliance, stating that a current contract that does not track labor hours would have an increase of approximately $606,000 of federal funding required to administer the contracts, an additional 5% of costs. Another commenter stated that the proposed shift to labor hours will create an estimated 110 hours of additional administrative effort for the commenter per construction project, and will not impact Section 3 and MBE/WBE Requirements Page 21 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities the duration of Section 3 worker employment or allow HUD to better determine if long-term employment opportunities are generated. One commenter stated that tracking labor hours would require city contractors and subcontractors to track project labor hours using LCPtracker as the city does, necessitating increased administrative staff and resulting in higher contract amounts. One commenter stated that payrolls required for Davis -Bacon compliance are often submitted in hard copy, so compliance with the shift to labor hours would require manual data entry, a significant added labor-intensive task. Commenters also stated that many contractors are small business owners who do not have payroll software and many housing authorities do not have sufficient staff to track hours worked on all projects. Commenters also noted that many medium and smaller sized PHAs do not use LCPtracker and instead rely on contractor payrolls to monitor Davis -Bacon and Section 3. Other commenters stated that tracking hours could be more burdensome than tracking new hires, because new hires are only reported once. Tracking the workers' hours necessitates verifying each Section 3 employee each week for the duration of their employment. HUD Response: HUD carefully considered the diverse public comments on the use of labor hours versus retaining new hires as the measurement for assessing compliance with Section 3 requirements. HUD believes that the use of new hires provides an incomplete measure of the economic opportunities available to low and very low-income persons envisioned by the Section 3 statute. HUD believes that moving to the labor hours metric provides a more robust measure of how Section 3 is intended to work and mitigates contractors' ability to manipulate Section 3 outcomes. HUD concluded the benefits of the labor hours approach outweighs the marginal cost that would result from this shift. HUD has determined that, while public commenters have concerns about possible burdens that result from the proposed transition to recording labor hours Section 3 and MBE/WBE Requirements Page 22 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities instead of new hires, it is in the best interest of the communities served by HUD to implement a more impactf it Section 3 standard across all HUD -funded programs. The use of labor hours is intended to ensure that recipients of these program funds are fully in compliance with the intent of Section 3 —maximizing the economic opportunities arising from Federally funded activities that are available to low- and very low-income persons, including those who reside in public housing. HUD also notes that the comments revealed a diversity of understanding with respect to HUD's record -keeping expectations in measuring the labor hours metric. HUD does not anticipate the level of detail in record -keeping that is required under the Davis -Bacon prevailing wage framework for purposes of Section 3. The proposed rule does not require prevailing -wage - style payroll reports. HUD does anticipate that either employers have some form of time and attendance system, particularly where employment uses an hourly wage structure, or that employers have salaried staff. The final rule does not require any change in these systems, nor necessitate any software approach to tracking payroll. Those employers that use a time and attendance system to track hourly wages may rely on that data, while the final rule provides a good faith reporting exception which applies to all entities that do not have an existing time and attendance system. The final rule has been modified in an effort to clarify that the good faith exemption applies to all Section 3 reporting entities (not only contractors and subcontractors) and that data from any existing salary -based or time -and -attendance -based payroll records can be used in good faith reporting under Section 3. HUD is mindful of the need to update policies and procedures for planning purposes, and the importance of implementing the rule such that employers will be able to comply. Therefore, HUD has provided for a transition period and a bifurcated compliance date. Public housing financial assistance recipients must comply with the Section 3 and MBE/WBE Requirements Page 23 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities reporting requirements starting with the recipient's first full fiscal year after this final rule's effective date. Section 3 project recipients must comply with the reporting requirements starting with the recipient's first full program year for projects committed or awarded after this final rule's effective date. Many Section 3 Positions are Short-term in Nature One commenter stated that many of the jobs made available under Section 3 requirements are short term positions specific to the needs of the individual project and/or worksite. These positions provide opportunities for the target population of low -skilled workers to build work experience (leading to possible economic advancement) while helping ensure project costs remain reasonable. Another commenter stated that the Section 3 goal leading to long-term employment and career advancement is unrealistic, as most opportunities generated by Section 3 projects are construction -related and therefore seasonal or project -based; it would be burdensome and complicated to track via labor hours long-term employment that results from a Section 3 worker being hired on a subsequent Section 3 project by a different contractor. Contractors do not keep pools of long-term general laborers on hand for consecutive projects as a means of employing Section 3 workers. Other commenters stated that nothing in the statute states that long-term employment through public housing or other housing and community development funding is the goal of Section 3; the statutory intent is to provide employment and training opportunities to residents of low-income communities where Federal housing and community development dollars are being spent, and tracking new hires better meets this intent. Similarly, commenters stated Section 3 workers are more likely to assist in temporary work for PHAs. Using new hires better fits with this economic reality. One commenter stated that contractors do not reduce the number of part-time employees so they can provide full-time, Section 3 and MBE/WBE Requirements Page 24 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities long-term employment to fewer Section 3 workers. Other commenters stated that the nature of the construction industry is episodic; workers are not employed by one company for long periods of time, but from project to project, and workers often move from one company to another. The number of hours that a specific person works is generally based on what is required for the project and the type of work they are doing. Commenters asserted it is unreasonable to think that hours for lower -skilled employees will dramatically be increased for a specific construction project by moving to a "labor hours" standard. Commenters also stated that the move to labor hours will confuse contractors and create more complexity. Another commenter anticipated pushback from contractors declining to bid, which can lead to an increase in the cost of developing affordable housing. Commenters stated that tracking labor hours could provide contractors with an incentive to hire fewer low-income residents by employing those hired for a greater number of hours. This would have a negative effect on the number of low-income residents hired overall. HUD Response: HUD recognizes that many Section 3 opportunities are short-term employment opportunities. The shift from measuring new hires to measuring labor hours continues to value these short-term opportunities as creating significant economic opportunities for low- and very - low -income workers, and these short-term opportunities will likely remain a primary source of Section 3 opportunities. At the same time, the shift in metrics more accurately reflects the nature and extent of these employment opportunities and places greater relative weight on those opportunities which do provide long-term career ladders and sustained employment opportunities. There is no obligation on a reporting employer to track an employee's work beyond the immediate short-term seasonal or project -based employment. The opportunity to track an Section 3 and MBE/WBE Requirements Page 25 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities employee over time is solely an opportunity which can be seized by those reporting employers who have invested the extra time and effort to nurture an employee over time. That extra effort to develop a career track is not recognized by the previous new hire metrics but is recognized in the labor hour metrics. It should be noted, however, that the use of the labor hour metric to reward retention applies only to the relationship with the current employer. (See § 75.11(a)(2) "A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years ...") This provides an option for employers to look back to the worker's status at the time of original employment but does not require that an employer do so if the employer only wants to reference the employee's current status. Contrary to the concept referenced in the comments, there is no ability to claim long-term employment when hired on a subsequent Section 3 project by a different contractor. This rule updates HUD's Section 3 regulations to create more effective incentives for employers to retain and invest in low- and very low-income workers. It is HUD's opinion that the change from new hires to labor hours, in combination with the opportunity to provide good faith assessments, is consistent with businesses' existing payroll systems. Finally, HUD is of the opinion that this change will better advance the goal of sustained employment and career opportunities for low- and very low-income workers. Alternatives Several commenters suggested alternative frameworks for measuring Section 3 results, in some cases using the labor hours metric and/or the new hire metric already articulated in the current and proposed rules and in some cases proposing new alternative metrics entirely. Some commenters recommended including definitions for both Alternative 1 and Alternative 2 so that agencies may exercise whichever option best suits their local circumstances. Section 3 and MBE/WBE Requirements Page 26 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities One commenter recommended using the $200,000 project threshold or $400,000 recipient threshold to determine whether labor hours or new hires should be the appropriate reporting metric, as larger projects have greater potential to create long term employment opportunities. One commenter focused on the safe harbor benchmark, stating PHAs should have the choice of labor hours at 10% or new hires at 30%. A commenter stated that if labor hours is adopted, all recipients and subrecipients should have the same flexibility allowed to PHAs. Another commenter stated that "labor hours worked" should be used in conjunction with "30% new hires." The commenter wrote that many PHAs do not track the generated new hires metric making the current 30% of new hires mandate irrelevant —some PHAs allow contractors and subcontractors to select how many hires they will take onto a project despite it coming short of the 30% benchmark. The commenter wrote that tracking both "labor hours worked" along with the "30% new hires" provides further assurance that a recipient's contractors and subcontractors do not avoid their responsibilities to pay the prevailing wage in accordance with the Davis Bacon Act. Other commenters argued neither labor hours worked, nor number of new hires are accurate metrics for Section 3 compliance and impact, where the goal of Section 3 is sustained economic independence and economic enhancement for Section 3 workers in and around HUD's investment areas. Commenters suggested compliance should instead be measured by: (1) payroll dollars paid to Section 3 employees; (2) training dollars spent training Section 3 workers; and (3) contract dollars paid to Section 3 contractors. Commenters further asserted tracking employment status would be unnecessary if all Section 3 employment payroll dollars were captured as a percentage of gross payroll dollars instead. Another commenter stated that an alternate suggestion would be to delineate Section 3 workers as full-time or part-time, and that tracking Section 3 and MBE/WBE Requirements Page 27 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities hours by using these two categories would be effective while still giving HUD information about the hours being completed by each worker. One commenter recommended Alternative 2, which continues to track new hires with the addition of Targeted Section 3 workers. One commenter stated that transparency is needed, and the new revisions of Section 3 should include that contractors and subcontractors must make public the total amount of workers expected to complete a construction project. Commenters proposed a third alternative to the two proposed, which is to stay with the current existing Section 3 goals, for both new hires (30% of new hires) and for contracting with Section 3 business concerns (10% of construction dollars and 3% of other dollars). Changes to what is already understood by contractors will be administratively burdensome and will require additional education and training for contractors and subcontractors. HUD Response: HUD appreciates the alternatives suggested and has considered the various comments regarding the alternatives presented in the proposed rule and the modifications to those alternatives presented in the comments. HUD has concluded that both the use of Alternative 2 (New Hires) and the use of a hybrid drawing from both Alternative 1 and Alternative 2 provide an incomplete measure of employment opportunities generated through Section 3. Therefore, HUD decided not to retain the new hire standard. Rather than apply new hires recordkeeping to some programs and labor hours to others, HUD believes it is more efficient and effective for purposes of HUD's objectives with respect to Section 3 to apply the same standard across the board. HUD has determined to align Section 3 reporting requirements with typical payroll business practices by tracking labor hours (whether based on prevailing wage data, non -prevailing wage time -and -attendance system data, good faith assessments of hourly workers not tracked through a data system, or good faith assessments of salaried Section 3 and MBE/WBE Requirements Page 28 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities employees). While commenters varied on whether tracking Section 3 outcomes through labor hours will be easier for recipients of HUD funding, HUD has concluded that the consistent labor hours metric more accurately reflects the impact of Section 3 and the economic development opportunities created. With respect to the alternatives regarding aggregate payroll tracking or tracking full-time and part-time positions, HUD believes that tracking of labor hours will adequately show hours worked. HUD has determined that tracking of training will be done qualitatively when appropriate. Process for Tracking Labor Hours Commenters stated that while they appreciated the idea of streamlining the metric, tracking new hires vs. hours may be a disincentive to developers if the tracking is more onerous or complicated than the current method. If tracking labor hours is a goal similar to Davis Bacon, then the process should be fully integrated with the Davis Bacon procedure including the duration of tracking (only until project completion), reporting requirements, and procedures. Commenters stated that ascertaining whether an employer has any new hires is not a simple task; it involves (1) reviewing pre -award payroll records to determine who was on the employee's payroll at the time of contract award and (2) reviewing ongoing payroll records for the duration of the contract to determine whether any new employees have been hired. Commenters also stated that it makes no sense to apply the "labor hours" standard to only one type of construction and rehabilitation project but not to another, based solely on the type of HUD funds involved. If a contractor employs no Section 3 workers, there should be no requirement to provide the data. Commenters stated inexpensive software is available that enables contractors to submit electronic payroll reports and allows PHAs and other Section 3 funding recipients to easily determine the hours worked on the project, in each trade, by all workers and by Section 3 Section 3 and MBE/WBE Requirements Page 29 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities residents. Commenters noted such software is available to recipients of housing and community development assistance and also to PHAs and other public housing financial assistance recipients. Commenters stated that commonly used Contract Management and Payroll systems such as LCPtracker and B2GNow have features that align with compliance practices and make monitoring more effective. One commenter stated that HUD could provide appropriate software to all agencies to assist them in tracking and reporting labor hours. A commenter noted that its city has a Federal labor standard software tracker which only 21 % of contracts use, and this rule would require 100% of contractors to use the software, resulting in increased administrative work, contract costs, and system management. One commenter noted that it would be easier to track labor hours with LCPtracker software if the reporting were more aligned with Davis -Bacon reporting. Commenters also saw potential in the hourly tracking if there were a way to eliminate double paperwork by adding Section 3 reporting to the existing Davis -Bacon worksheets. On the other hand, when Davis -Bacon does not apply to a Section 3 project, some commenters felt the administrative burden of tracking hours could be higher. More information would be needed about how the reporting requirements would be implemented before it could be definitively agreed that tracking hours is less burdensome than tracking new hires. HUD Response: HUD recognizes the diversity of views on whether tracking labor hours would be less burdensome for organizations obligated to report Section 3 results. Based on the comments, HUD has concluded that it is likely to be less burdensome to track labor hours in many circumstances, and HUD has clarified the applicability of the good faith exemption to mitigate any potential burden for those who do not have payroll systems which would align to a labor -hours reporting metric. For those efforts subject to Davis Bacon requirements, which Section 3 and MBE/WBE Requirements Page 30 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities includes many HUD -funded construction endeavors, tracking labor hours consistent with existing tracking for prevailing wage requirements would almost certainly reduce burden on recipients. HUD is aware that there are existing software options that have the potential for capturing total labor hours and labor hours contributed by Section 3 workers. HUD also is exploring whether and how to operationalize and integrate HUD's Section 3 Performance Evaluation and Registry System (SPEARS) with outside software vendors. The SPEARS system already has optional data fields to capture the Aggregate Number of Staff Hours Worked and Total Staff Hours Worked by Section 3 Employees, and the system will be modified to align with the final rule. Underlying these considerations, however, is HUD's belief, as described above, that tracking labor hours will better allow HUD to determine if long-term employment opportunities are being generated, and that the metric should be consistent without regard to the identity of the recipient of HUD funds. Unlike a labor hours measure, the new hire measure does not consider the share of actual work done by low- and very low-income workers, and new Section 3 hires may not be given the opportunity to work a substantial number of hours. Labor Hours Based on Good Faith Assessment One commenter stated that the proposed new rule allows for recipients to rely on a contractor's "good faith assessment" of labor hours (rather than payroll reports) if the contractor is not subject to other requirements specifying time and attendance reporting. Since a large proportion of housing rehabilitation and construction projects do not meet the unit thresholds that trigger Federal labor standards (i.e. eight units for CDBG, 12 units for HOME), grant administrators will regularly have to report labor hours based on a contractor's "good faith assessment." Use of this approach will introduce an unknown error margin into the calculation of labor hour benchmarks. This lack of data integrity calls into question the meaning of the Section 3 and MBE/WBE Requirements Page 31 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities proposed benchmarks and the soundness of using "labor hours" as a unit of measurement. Commenters stated that Section 3 businesses who report labor hours in "good faith" need to have specific recording requirements (i.e., software) to avoid manipulation; it is more efficient to rely on tracking systems instead of contractors' good faith submissions. Commenters stated that not all HUD construction projects are subject to Davis -Bacon compliance and even a good faith assessment of labor hours will require significant PHA resources to monitor, review, and compile. One commenter stated that while the proposed rule states that HUD will permit "a good faith assessment of the labor hours" for certain employers, recipients could still be required to establish new compliance procedures, including determining how to protect the privacy of Section 3 workers and businesses when supplied with labor hours supporting documentation. HUD Response: The final rule is explicit that employers are not required to acquire a time -and - attendance system in order to comply with the Section 3 rule. The "good faith assessment" is a limited exception to be used by employers who do not have systems in place to track labor hours. This rule was put in place to avoid increased administrative burdens. HUD is aware of the margin of error represented in the good faith assessments, but has concluded that even with this margin of error, the labor hours metric provides a more accurate reflection of the economic opportunities created in connection with HUD -funded activities than the new hires metric. The exception does not apply if the employer is subject to other time -specific requirements. Section 3 Applicability Threshold, HUD's Lead Hazard Control and Healthy Homes programs and all Section 8 programs Total Funds Threshold or Per Project Threshold versus an Increased Threshold The proposed rule set the Section 3 applicability threshold for Section 3 projects to projects where the amount of assistance exceeds $200,000. HUD received comments both in Section 3 and MBE/WBE Requirements Page 32 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities favor of maintaining the current $200,000 threshold and in favor of the new proposed threshold. Commenters also addressed the use of a project versus a total funding threshold. In addition, other commenters provided a range of alternative frameworks for setting the threshold amount — different numbers and the inclusion or exclusion of different kinds of funding in the threshold calculations. Some commenters recommended that the $200,000 threshold be based on the total amount of funding received within the fiscal year because it is a more simplified and streamlined process. Commenters stated the change to a per project threshold would result in many housing production projects that are mainly small and resource constrained having to comply with Section 3 requirements for the first time, noting that a per project threshold can become complicated and burdensome when a recipient handles a large volume of contracts that are funded by multiple sources. Commenters went on to state that a per project threshold would reduce the number of economic opportunities directed to low-income persons and recommended continuing to subject Project Based Voucher programs to Section 3 requirements to ensure those opportunities are directed toward low-income persons and businesses that employ them. Commenters in this line of thought noted that the $200,000 per project threshold would potentially exempt projects where the HUD funding is less than $200,000, even though the combined total project funding is much higher. Commenters stated this could lead to a decrease in the number of projects subject to Section 3 and an overall reduction in Section 3 program impact. Other commenters supported the per project threshold generally without commenting on the amount or supported the $200,000 per project threshold and saw it as an improvement. Some of these commenters noted that while $200,000 is an improvement over the current threshold, it Section 3 and MBE/WBE Requirements Page 33 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities does not relieve underlying concerns that contractors may break up activities into small contracts of less than $200,000 each to avoid accountability. Several commenters agreed that a $200,000 per project threshold would still allow contractors awarded significant funding to avoid Section 3 requirements by carrying out small discreet activities even though they cumulatively spend more than the threshold amount. A commenter suggested that the final rule include a prohibition on such activity, so that HUD has authority to pursue enforcement measures if HUD determines a recipient is "gaming the system" to avoid Section 3 obligations. Other commenters provided alternative threshold amounts at a range of figures up to $1 million. Some commenters stated the $200,000 per project threshold will not necessarily result in employment opportunities for low-income people, arguing a higher project amount does not inevitably translate to the need for new employees or a benefit to Section 3 business concerns. Commenters suggested an alternative $250,000 threshold which would coincide with the Office of Management and Budget simplified acquisition threshold and could automatically change when that amount is updated. Other commenters supported using the $250,000 threshold for all projects to include PHAs. Some large PHAs with Section 3 experience recommended raising the threshold to $350,000 on a per project basis and making this threshold consistent across all programs and funding sources. Commenters in agreement with this notion also noted that HUD has determined that employment opportunities in CDBG funded projects under $350,000 are very minimal, and these commenters argued that the same is also true of public housing projects. Commenters also recommended $400,000 or higher to increase the number of program recipients exempted from Section 3 requirements from less than 4 percent to 20 percent, greatly reducing the compliance burden for smaller grantees. Still other commenters recommended a higher threshold of $750,000, tied to the single audit threshold, noting that smaller grants generally will Section 3 and MBE/WBE Requirements Page 34 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities not involve sufficient hiring opportunities to warrant the increased administrative burden. Other commenters recommended that a $1 million threshold would be a better measure of a project of a scale that would have the potential to drive the hiring of Section 3 workers and justify the additional administrative burden on recipients, subrecipients, and contractors to implement the program, particularly state CDBG programs that primarily fund public infrastructure. Another commenter recommended exempting grantees that receive $1 million or less annually in CDBG or HOME funds because such grantees focus on a finite set of activities that involve small projects. Commenters stated that a low threshold will create an undue compliance burden for small projects. Commenters suggested that adopting a higher per project threshold would still ensure the majority of CPD grants are covered but would likely offer significant regulatory relief for smaller grantees, builders, developers, contractors, and subcontractors who are disproportionately burdened by regulatory obligations. Some commenters who advocated for a higher threshold linked their reasoning to the effect of the threshold amount on contractors and subcontractors, noting that Section 3 obligations apply to recipients, their sub -recipients and so on. Commenters described cases in which builders forgo using covered funds to avoid the liability and compliance burdens of Section 3, and situations where developers experience costly delays on projects while searching for qualified subcontractors who are not deterred by the Section 3 paperwork and certifications. Commenters also suggested that both a recipient threshold at $400,000 and a project threshold of $200,000, applicable across all programs, would be most appropriate to reduce reporting burdens with a limited impact on the dollar amounts of funding covered. Another recommendation was to apply Section 3 obligations to any entity that receives at least $200,000 Section 3 and MBE/WBE Requirements Page 35 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities during a program year for a specific program activity. Other commenters suggested either the threshold for contracts should remain $100,000 in HUD assistance; or a "total contract value" threshold should be defined that will trigger Section 3 on HUD -funded contracts, regardless of the dollar amount of the HUD funding. Other commenters offered an alternative threshold of 10 percent of construction costs per project. Commenters also reiterated that some CDBG grant awards are very small, ranging from $50,000 to $200,000, so units of general local government have difficulty finding contractors to bid on the projects, let alone finding a contractor that is a Section 3 business concern and is willing to work on a small project. Finally, commenters suggested limiting activities that trigger the threshold to only construction and rehabilitation, as defined within the Section 3 statute for CDBG, HOME and other CPD programs. HUD Response: HUD acknowledges the considerations raised by all the commenters in their responses. HUD found that the portion of Section 3 expenditures excluded by the $200,000 per project threshold generate relatively few Section 3 jobs. After weighing the various considerations, this final rule maintains the $200,000 per project threshold in general but makes changes to the Lead Hazard Control & Healthy Homes Programs threshold. HUD believes that project funding levels help accurately define thresholds because the amount of funding spent on a project is directly related to the economic opportunities generated by the project. HUD acknowledges the potential disadvantages mentioned by commenters to using a per project threshold but reiterates the per project threshold will help provide opportunities for those who are recipients of Federal financial assistance for housing or residents of the community in which the Federal financial assistance is spent. In addition, HUD remains open to adjusting thresholds in the future based on updated data analysis. The final rule clarifies that HUD may change the thresholds and benchmarks at a later date via Federal Register notice, subject to public comment, Section 3 and MBE/WBE Requirements Page 36 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities based on updated data input and accounting for inflation. HUD also notes that not every contractor, subcontractor or sub -recipient must use Section 3 workers. A funds recipient could meet its Section 3 benchmarks with one contract to a Section 3 business concern where the number of labor hours worked is 25% or more of all the labor hours worked by all workers on a Section 3 project while not using Section 3 workers for other work. The recipient has flexibility in determining how to meet its benchmarks. Lead Hazard Control & Healthy Homes Programs Inclusion Commenters who advocated for a single consistent per project threshold across all programs stated that the Lead Hazard Control and Healthy Homes programs should also be subject to the same threshold. Other commenters agreed that Lead Hazard Control and Healthy Homes projects should be exempted from administrative and compliance burdens based on a threshold of $200,000 or greater, stating these projects are unlikely to generate many employment opportunities because they are small and Lead Hazard Control abatement and interim controls is to be done by trained and certified workers. Some commenters agreed that including Lead Hazard Control projects with no threshold would increase the administrative burden without a benefit, and while the exclusion is understandable, HUD should pursue a standardized threshold to avoid complicating Section 3 by creating a different scope for Lead Hazard Control and Healthy Homes programs. Commenters generally supported higher thresholds for Lead Hazard Control and Healthy Homes programs. A commenter suggested it may be appropriate to use the community development assistance threshold for simplicity. Alternatively, commenters suggested a more modest reporting threshold of not less than $50,000 for Lead Hazard Control and Healthy Homes projects, stating that for grantees working on multifamily projects in high cost cities, projects where the contract Section 3 and MBE/WBE Requirements Page 37 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities is less than $50,000 tend to be awarded to smaller contractors. A $50,000 threshold would meet HUD's admirable intention of ensuring greater Section 3 participation from Lead Hazard Control and Healthy Homes grantees without imposing hardship on such small contractors. HUD Response: HUD agrees that the $200,000 threshold should not apply to Lead Hazard Control and Healthy Homes programs since those projects are generally smaller dollar amounts. However, in keeping with Section 3's statutory priorities and applicability, HUD is choosing to adopt a $100,000 project threshold regarding application of Section 3 to Lead Hazard Control and Healthy Homes programs. Section 8 Programs Exclusion Many commenters supported the exclusion of Section 8 programs in the proposed rule, as Section 8 programs are not included in the statute. Commenters went on to note that because Section 3 programs are development subsidy sources and Section 8 programs provide operating subsidies, Section 8 assistance recipients should not be subject to Section 3 regulatory responsibilities. Commenters noted that the primary purpose of Section 8 programs is to provide a rental subsidy that covers the difference between the contract rent and 30 percent of the tenant's income, stating these programs are "affordability tools, not construction tools," and agreed HUD should not increase regulatory burdens on housing providers by expanding the scope of Section 3 to programs not covered in the statute. Some commenters urged that for Subpart B, HUD should retain an option for PHAs to report on Section 3 requirements for Section 8 funded programs, noting that these programs generate significant employment and training opportunities for Section 3 workers. Commenters suggested HUD format Section 3 reporting so that Section 8 funded placements can be captured as part of a PHA's overall efforts. Commenters also suggested the current reporting system be Section 3 and MBE/WBE Requirements Page 38 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities updated to allow for the reporting of other placements that might be excluded with the new proposed rule, such as placements under professional service contracts. HUD Response: Section 8 programs are not covered under the Section 3 statute. Therefore, HUD in this final rule maintains the clarification in the proposed rule that Section 8 programs are excluded from Section 3 requirements. Section 3 Project Definition Commenters recommended that HUD more clearly define "project" for the purpose of Section 3, and asked how HUD would view a job order contract of more than $200,000 that may work on various locality -owned sites (e.g., all of a locality's schools or homeless shelters). These commenters also asked, if several unrelated HUD -funded activities are taking place at the same location and have a combined value of more than $200,000 constitutes a project. Lastly, the commenters asked whether the per -project threshold is based solely on construction -related activities, and whether the level of Federal assistance to a project must exceed the $200,000 threshold to trigger Section 3. Another commenter recommended that HUD define "project" as follows: Project means a site or sites together with any building or multiple buildings located on the site(s) that are under common ownership, management, and financing and are to be assisted with Section 3 covered funds as a single undertaking. A program that funds multiple buildings under separate ownership, management and financing is not a project. HUD Response: HUD supports the Section 3 Project definition within the proposed rule and believes it is consistent with the statutory requirements of HUD programs. HUD also intends to provide sub -regulatory guidance and technical assistance on a program -by -program basis to assist recipients with Section 3 implementation. Section 3 and MBE/WBE Requirements Page 39 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Section 3 Worker Rule Rewards Creating Opportunities for Persons Who Are Not Low -Income Commenters stated that the rule, particularly the definitions of Section 3 worker, rewards creating opportunities for persons who are not low-income, which would be counterproductive to the intent of the Section 3 program. A commenter stated that the proposed definition could inadvertently include individuals who are not low-income because categories (ii) and (iii) are not income -based. Specifically, some commenters objected to category (ii) which allowed workers who live in a Qualified Census Tract (QCT) to be included in the definition of "Section 3 worker" because these individuals will not necessarily be low-income. One commenter noted this is especially true in large metropolitan cities with mixed income communities and gentrifying areas. Another commenter stated that researching employee residence as of the date of hire to determine census tract qualification will be difficult or impossible for long-term employees who may have moved multiple times. Commenters warned that the QCT designation would create a risk of potential abuse by recipients. Some commenters suggested removing the QCT criteria altogether since the definition already includes a low- or very low-income person. Other commenters objected to category (iii) which included all Section 3 business concern employees as Section 3 workers. These commenters stated that someone working at a Section 3 business concern is not necessarily a resident of HUD -assisted housing, nor is it likely that a business owned by 51 % low-income people would hire only public housing or HUD - assisted residents. For this reason, commenters recommended that HUD should exclude "a worker employed by a Section 3 business" from its definition and benchmarks and the definition of Section 3 worker and Targeted Section 3 worker. One commenter noted the phrase "worker is Section 3 and MBE/WBE Requirements Page 40 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities employed by a Section 3 business" is included in both the Section 3 worker and Targeted Section 3 worker definitions and recommended including this term in the Targeted Section 3 worker definition only and not the Section 3 worker definition. HUD Response: HUD agrees that paragraph (1)(ii) could inadvertently include individuals who are not low-income. This final rule removes paragraph (1)(ii) regarding the QCT from the definition of "Section 3 worker" from this final rule. However, HUD disagrees that the category of Section 3 business concerns should be removed from the Section 3 worker and Targeted Section 3 worker definitions. The Section 3 statute states that HUD must prioritize Section 3 business concerns. If HUD did not include Section 3 business concerns in the definitions that are used for the benchmarks, PHAs and other HUD funded entities would have no incentive to hire Section 3 businesses. Including all Section 3 business concern employees in the definition of Section 3 worker and Targeted Section 3 worker creates an incentive to contract with a Section 3 business while maintaining a single reporting metric. The final rule maintains that all hours worked on the project by the Section 3 business counts towards the benchmarks. HUD believes these changes are consistent with the statute. Prior Conviction One commenter wrote that convictions for certain categories of crimes may have a direct bearing on the worker's suitability for particular jobs. Previous theft convictions, for example, may be relevant for a worker who will be involved in procurement and distribution of materials. Other commenters supported this language, stating that "there is no evidence that hiring an individual with a criminal history will have a negative impact on employee success." The commenters also noted that the language is consistent with other HUD guidance on the use of background reports in housing decisions. However, one commenter suggested a minor revision Section 3 and MBE/WBE Requirements Page 41 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities to clarify the regulation: "A recipient, contractor, or subcontractor shall not refuse to hire a Section 3 worker on the basis of a prior arrest or conviction, unless otherwise required by Federal, state, or local law." HUD Response: HUD agrees with the commenters that convictions for certain crimes, such as fraud or theft, might affect a worker's qualifications for a particular position, and that "there is no evidence that hiring an individual with a criminal history will have a negative impact on employee success." HUD notes that the Section 3 worker definition provides that an individual's prior arrest or conviction shall not negatively impact their Section 3 worker status, but the definition maintains the requirement that the individual is qualified for the job. Job qualifications may include the worker's arrest or conviction history. The rule does not require a Section 3 worker with a criminal history to be hired. HUD has considered the suggestions and has chosen to keep the regulatory language in § 75.5. See Section 3 business concern, § 75.5 ("The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees."); Section 3 worker, § 75.5 ("The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction."); Targeted Section 3 worker, § 75.5 ("does not exclude an individual that has a prior arrest or conviction.") Additional categories One commenter stated that the proposed rule no longer explicitly lists a public housing resident as a "Section 3 resident" and does not provide for the employer to continue counting that worker in the future. Another commenter suggested that staff hired by a PHA should be counted toward Section 3 requirements. Commenters suggested additional categories and expansion of existing categories, and requested HUD explicitly list the following: people immediately prior to hiring are public housing, Section 8, Section 811, Section 202 residents or other low-income Section 3 and MBE/WBE Requirements Page 42 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities people, and women. Commenters recommended that a "Section 3 worker" should be a worker whose income is below the limit set by HUD, or a resident of public or HUD -assisted housing. One commenter supported the change to using an individual's status as low-income versus household income, which will increase the pool of persons that can be counted as a Section 3 worker and make meeting the benchmarks more attainable. Commenters requested clarification on whether the HUD -defined low-income level will be based on individual or family income and one commenter recommended the use of only an individual's income. HUD Response: HUD wants to clarify that, while the definition of Section 3 worker does not include public housing residents, it does include all workers whose income is below the income limit established by HUD, which is the same limit that would qualify someone for public housing. Therefore, public housing residents would be considered Section 3 workers. HUD does not believe that all staff hired by a PHA should be counted as Section 3 workers. Those staff that meet the qualification of a low or very low-income person, as defined by HUD's income limit, would already qualify, and HUD does not think it is appropriate to include all PHA staff. As for expanding the categories further, the Section 3 statute is specific as to the priorities that HUD should be providing with employment and other economic opportunities generated by Federal financial assistance. Therefore, HUD is not expanding the scope of Section 3 workers beyond those listed in the statute. HUD changed the Section 3 worker definition to include a worker whose income is below the income limit established by HUD in place of the family income and appreciates the comments in support of the change. Setting Time Limits Commenters recommended that HUD should keep the existing standard of a three-year period for counting workers in order to account for staff turnover and to generate more accurate Section 3 and MBE/WBE Requirements Page 43 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities metrics. Other commenters recommended HUD limit someone counting as a Section 3 person to 5 years. Another commenter stated that because many contractors and subcontractors report no new hires for specific projects, a Section 3 worker should be defined as one who "at the time of hire" was low- or very low-income. One commenter asked HUD to be more specific in defining a Section 3 worker rather than stating low-income is a "limit established by HUD." HUD Response: HUD agrees with the commenters that a worker whose income has risen should only be counted for Section 3 purposes for five years. HUD wants to ensure employers are invested in keeping Section 3 workers employed, and that there is enough opportunity to build skills and experience so that Section 3 workers may develop self-sufficiency and compete for other jobs in the future. An employer may choose whether the workers are defined as Section 3 workers for that five-year period at the time of the workers' hire, or the date from which the workers are certified as meeting the Section 3 worker definition. Guidance Commenters requested that HUD provide more specific guidance regarding how to calculate labor hours for the purpose of determining Section 3 status. For example, is there a set timeline for consideration, such as during the past year or several years? Or is it based on the business' last 1-2 payrolls to capture the most recent picture of employment? Commenters stated that it is unclear over what time period labor hours are to be measured. One commenter stated that it is unclear whether the "labor hours" standard relies on the labor hours on the Section 3 project, or in general. HUD Response: HUD will provide additional guidance to assist PHAs and grantees in how to calculate labor hours. Generally, labor hours will be calculated based on the labor performed on Section 3 and MBE/WBE Requirements Page 44 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities a Section 3 project for housing and community development financial assistance or on all labor hours performed within the fiscal year for public housing assistance. Subrecipient One commenter stated that using the applicable definition of subrecipient in the HOME program would mean that multifamily owners contracting directly with the State may not have to comply with Section 3 requirements because they are not included in that definition for the HOME program in 24 CFR §92.2. This commenter also noted that multifamily owners are also not often contractors (under the proposed definition), because they do not enter into a contract with a recipient to perform the work. This commenter suggested inclusion of owners in the HOME program and changing the definition of subrecipient to say "has the meaning provided in the applicable program regulations, and in 2 CFR §200.93" or suggested HUD amend the definition of contractor to further define the phrase by adding "work in conjunction with a Section 3 project," to more clearly identify that it includes an owner in the HOME program that contracts with general contractors. HUD Response: HUD appreciates the comment. However, subrecipient has different meanings in different programs, which is why HUD defined it as either the meaning as is applied in the specific program or 2 CFR 200.93. Targeted Section 3 Worker Definition Some commenters supported the new "Targeted Section 3 worker" definition and eliminating tracking Section 3 business concern types separately. Some commenters stated that the Targeted Section 3 worker concept is consistent with the goal of expanding employment opportunities for individuals that receive Federal assistance for housing. Another commenter Section 3 and MBE/WBE Requirements Page 45 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities agreed with HUD's efforts to track and target certain high priority Section 3 workers separately and efforts to fold Section 3 business concern engagement into other benchmarks. Other commenters opposed the "Targeted Section 3 worker" definition, stating that it is duplicative with worker categories already given preference under § 75.9. Commenters stated a separate reporting category for "Targeted Section 3 worker" merely complicates reporting requirements for recipients, contractors, and subcontractors, and recommended HUD keep the existing definition and the existing priority preference order. Other commenters noted that tracking additional information to determine Section 3 compliance would be burdensome. A commenter recommended that hours worked by Section 3 business employees be categorized as regular Section 3 worker hours and Targeted Section 3 worker hours depending on the employee's status to avoid inflated reporting of hours worked by targeted Section 3 workers. Other commenters suggested that a worker employed by a Section 3 business only be included in the "Targeted Section 3 worker" definition because it was created to better align the regulation with the law. Commenters stated that counting all Section 3 business concern employees as Targeted Section 3 workers is problematic and risks questionable data. HUD should exclude "a worker employed by a Section 3 business" from the definition of Targeted Section 3 worker and Section 3 worker. Including "a worker employed by a Section 3 business" in the definition of "Targeted Section 3 worker" dilutes the purpose of creating a Targeted worker designation. It also frustrates the purpose of the statute, which is to give priority to public housing and other HUD - assisted residents in employment and training opportunities, along with low-income families near the Section 3 project location. Section 3 and MBE/WBE Requirements Page 46 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Commenters also suggested that HUD include public and HUD -assisted housing residents in the Targeted Section 3 worker definition for Section 3 projects, not just PHA projects. The proposed definition of Targeted Section 3 worker for PHA projects more accurately interprets the statutory priority of Section 3 to employ public housing and other Federally assisted residents than the definition for CPD recipients. One commenter recommended that HUD include the word priority in the definition of "Targeted Section 3 worker" to clarify the requirements and add objective criteria or guidance by which to monitor or measure success or satisfactory performance. HUD Response: HUD appreciates the commenters' recommendation to target public and HUD - assisted housing residents in both funding types. However, the statute specifies priority categories differently for recipients of public housing financial assistance and housing and community development financial assistance. The Targeted Section 3 worker is a concept designed to serve as a proxy for the highest priority categories, allowing HUD to collect data through standardized reporting regarding the funding recipients' efforts with respect to the priority categories. HUD believes that the definitions of Targeted Section 3 worker for both public housing financial assistance and other housing and community development financial assistance funds provide good reporting proxies for the statutory priorities and should remain as proposed. As Targeted Section 3 workers are a proxy for the priority categories solely for reporting purposes, and do not replace the prioritization that funding recipients must apply in their efforts under Section 3, the use of the word "priority" in the definition would be inappropriate. 75.11 Targeted Section 3 worker for public housing financial assistance. Section 3 and MBE/WBE Requirements Page 47 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Commenters stated that HUD should combine 75.11(a)(2)(i) and (ii) into a single category, "residents of public and HUD -assisted housing" to more clearly include residents of all HUD -assisted housing programs and conversion projects. Commenters supported the addition of Section 8 assisted households. This change mirrors the Section 3 statute, which broadly emphasizes employment and training opportunities for "recipients of government assistance for housing." Some commenters recommended deleting paragraph § 75.11(a)(1), because it is redundant with § 75.5. Commenters also asked HUD to clarify what "residents of other projects managed by the PHA" covers. One commenter suggested HUD add "administered by the PHA" when describing Section 8 assisted housing. HUD Response: HUD appreciates the support for the categories in § 75.11 and recommendations to make changes to include additional HUD programs. HUD believes that consistent with the statute, the Targeted Section 3 worker definition for public housing financial assistance should focus on the categories as listed. To be inclusive of residents in other housing assisted by the PHA and residents of housing in the property management portfolio of the PHA, both categories have been included in the regulation in place of the vaguer term "managed by the PHA." Those residents would also count as Section 3 workers for purposes of Targeted Section 3 workers for public housing financial assistance. The rule's current "resident of other projects managed by the PHA" has been replaced, which should address the commenter's concerns. § 75.21 Targeted Section 3 worker for housing and community development financial assistance. One commenter wrote that limiting the definition to a geographic area eliminates large sectors of nearby Section 3 workers and business. Another commenter noted some State CDBG programs do not operate in areas where public housing residents or YouthBuild participants typically live. Commenters also stated that the proposed definition gives broader opportunity to Section 3 and MBE/WBE Requirements Page 48 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities identify low-income construction employees for Section 3 projects but requires wage calculations and census tract verification from contractors already burdened by paperwork and will remove the focus from employing eligible persons living within a neighborhood. HUD Response: HUD retained the proposed Targeted Section 3 worker definition in the final rule. The rule creates the "Targeted Section 3 worker" concept so that HUD can track, and recipients can target, the hiring of Section 3 workers in selected categories based on the statute's hiring priorities. The Targeted Section 3 worker category also incorporates the statutory requirements of contracting with business concerns employing low- and very low-income persons. For other HUD housing and community development financial assistance programs, such as the State CDBG program or HOME Investment Partnerships programs, Targeted Section 3 workers would be low- or very low-income workers residing within a one -mile radius of the Section 3 project. If fewer than 5,000 people live within that one -mile radius, the circle may be expanded outward until that population is reached. The requirement that contractors verify whether workers are low or very low-income for tracking purposes is not new. Contractors were already required to verify new hires as qualifying for Section 3 status, and the statute requires that employment and other economic opportunities generated by work in connection with housing rehabilitation, housing construction or other public construction projects receiving housing and community development assistance be directed to low- and very low-income persons in the local community. HUD's proposal to use Targeted Section 3 workers for housing and community development programs that fall within a defined service area should reduce burden because HUD's mapping tool will identify the jurisdiction the contractor should target. § 75.5: Section 3 business concern definition Section 3 and MBE/WBE Requirements Page 49 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Previous Rule's `Dollar Value" Method Commenters stated that the previous "dollar value" method of reporting contracts awarded to Section 3 business concerns should be kept, as it gives recipients and general contractors a clear benchmark to achieve when selecting subcontractors and aligns with methods many are already using to report on minority-, women-, and veteran -owned businesses. Commenters noted Section 3 is designed to promote wealth -building in addition to employment opportunities and the "dollar value" method is a better measure of economic opportunities provided to low-income owners of Section 3 business concerns than the labor hours worked by their employees. Without having a metric tied to the number of contracts awarded to Section 3 business concerns, commenters anticipated a reduction in the number of contract awards, and a reduction in employment opportunities. One commenter stated that both definitions will likely continue to be a challenging means of qualifying for eligibility and may prove difficult to document. HUD Response: HUD found the Section 3 business concern definition to be consistent with both the previous regulation and with the statute, although HUD notes that the final rule's definition does impose more rigorous criteria for qualifying as a Section 3 business concern with respect to the percentage of workers who must be Section 3 workers. This additional rigor in the criteria ensures that, if qualifying on the basis that the firm employs Section 3 workers, a high percentage of workers are in fact Section 3 workers, and ensures that, if qualifying on the basis that the owner is a low-income individual, the owner is in operational control and will benefit from the wealth creation opportunities. The changes to the Section 3 business concern definition do not depend on the change in reporting to a labor hours metric. Section 3 and MBE/WBE Requirements Page 50 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities HUD recognizes that some in the industry have found the "dollar value" method to be workable, and that the dollar value metric does provide a measure of the extent of contracting to Section 3 business concerns. However, HUD believes there is value in having a unitary reporting metric — labor hours — and has designed the metric to measure both direct employment and to reflect prioritization of contracting with Section 3 business concerns. HUD believes that this new method will be effective, will encourage wealth creation opportunities for the owners of Section 3 business concerns, and will provide the opportunity for recipients of HUD financial assistance to determine which projects use Section 3 businesses in a way that is not administratively burdensome. Rule Rewards Creating Opportunities for Persons Who Are Not Low -Income One commenter stated that the focus on hours worked is appropriate in light of the statute's focus on providing economic opportunities to low-income residents, but aggregating hours poses a risk that non -low-income people at Section 3 business concerns may report hours, though this risk is mitigated by the Section 3 business concern definition. Another commenter stated that the 5 1 % owned and 75% labor hours requirements allow Section 3 business concerns to employ persons who are not low-income or very low-income. Another commenter supported replacing the aggregate dollars spent metric, but stated that including all Section 3 business concerns' employee hours will lead to the misleading inclusion of non -low-income worker hours in the data; only the hours worked by the low- and very low-income employees of a Section 3 business concern should be reported as Section 3 hours worked. HUD Response: According to the Section 3 statute, HUD must prioritize businesses that provide economic opportunities for low- and very -low-income persons. The statute does not require that Section 3 and MBE/WBE Requirements Page 51 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities HUD prioritize business that only provide economic opportunities for such persons. If HUD were to include only the Section 3 workers in the reporting metrics, the regulation would not effectuate the statutory requirement to also place an emphasis on Section 3 business concerns. The Section 3 statute states that HUD must prioritize Section 3 business concerns in the awarding of contracts. By collecting labor hour data on all employees of Section 3 business concerns, HUD is creating an incentive to contract with a Section 3 business concern while maintaining a unitary reporting metric for Section 3 performance. The final rule maintains the provision of the proposed rule that all hours worked on the project by the Section 3 business concern counts towards the benchmarks, with the awareness that this reporting framework will collect labor hour data for workers who are not low-income. This serves as the incentive to contract with Section 3 business concerns. HUD believes these changes are consistent with the statute. Verification A commenter stated that nothing addresses processes for verification of Section 3 business concern eligibility, and that HUD should enhance the Section 3 business concern registry to include confirmation of eligibility or work with Equal Employment Opportunity Commission to assist jurisdictions with certification programs. One commenter noted that using the Section 3 business concern registry to project availability of Section 3 workers is unreliable because the registry is a self -reporting structure with no mechanism to verify the business on the list, it assumes such businesses are able to work in any geographic area, and many PHAs in rural and suburban areas have reported that there are no Section 3 business concerns in their areas. Section 3 and MBE/WBE Requirements Page 52 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Another commenter raised the issue that verifying Census tract designations would create an additional burden, especially Census tract data that changes over time, which will result in fewer contractors participating in Section 3 projects. One commenter stated apprehension about this part of the definition because accurately tracking and reporting labor hours will be much more challenging than tracking and reporting full-time employees. The proposed definition also makes it difficult for Section 3 business concerns and the entities that contract with them to predict with confidence that they will retain their Section 3 status, as labor hours can be dependent on the number of contracts a business bids for and receives. Another commenter requested clarification regarding how long a business retains the Section 3 business concern status once it is certified as a Section 3 business concern. Commenters suggested HUD or the local government should bear the responsibility for verifying the eligibility of a Section 3 business concern, rather than shunting that responsibility to the builder, general contractor, or subcontractors. HUD's online Section 3 Business Registry4 was a positive first step, but HUD does not verify the self -certifications submitted by the business concerns, and it cautions database users to perform due diligence before awarding contracts. HUD Response: HUD plans to continue the use of the Section 3 Business Registry as an available public tool. While HUD appreciates the suggestion that HUD or the local government make determinations of eligibility for Section 3 business concerns, HUD believes that, consistent with other paperwork requirements, it is appropriate that the entity receiving HUD financial 4 HUD, What is the Section 3 Business Registry?, HUD.Gov, https://portalapps.hud.gov/Sec3BusReg/BRegistry/What. Section 3 and MBE/WBE Requirements Page 53 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities assistance ensure compliance with Section 3 requirements, which includes confirming that both Section 3 workers and Section 3 Business concerns qualify as such under this regulation. HUD addressed commenters' concerns about Census tract designations by removing that language from the rule, and concerns about labor hours are addressed in previous comment responses. Once a business is certified as a Section 3 business concern, it will retain that status as long as it continues to meet the definition. Status is determined at the time of hiring for each contract and is no different from any other definition. Currently, business concerns self -certify, and verification is done by HUD. The timing is on a project by project basis. (1)(i) `At least 51 percent owned by low- or very low-income persons" One commenter stated that this part of the definition follows the statute's intent. Another commenter stated that 51 percent ownership by low- or very low-income persons is unrealistic without training programs on business management. HUD Response: HUD appreciates the feedback from commenters and is keeping this part of the Section 3 business concern definition as it is. HUD has found this definition to be consistent with both the previous regulation and with the statute. HUD notes that the definition also includes other methods by which a business concern may be defined as a Section 3 business concern. See 24 CFR 135.5; 12 U.S.C. § 170lu (e)(2). (1)(ii) "Over 75 percent of the labor hours... performed by low- or very low-income persons" Commenters supported changes to definitions of Section 3 business concerns, Section 3 workers, and Targeted Section 3 workers under the new hire approach. One commenter stated that the decision to focus on percentage of hours worked by Section 3 individuals will result in a decrease of self -identified Section 3 business concerns. The commenter asserted that although it is a better metric for proving actual commitment to long-term employment of Section 3 Section 3 and MBE/WBE Requirements Page 54 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities individuals, gathering the data will be overly burdensome. One commenter stated that this option will present undue hardship to small businesses and should be omitted. Another commenter stated that this requirement will negatively affect HOME and CDBG funded projects. Some commenters supported tracking Section 3 hiring separately from Section 3 business concern tracking. Section 3 business concerns are already encouraged to retain existing employees to meet the previous Section 3 business concern definition. Counting existing employees to meet both the contract and hiring goals may result in decreased new hiring in connection with Section 3 covered assistance. Commenters recommended only tracking new Section 3 hires employed by Section 3 business concerns relative to a contractor's hiring goals. One commenter also stated that even though the proposed rule provides a mechanism for PHAs to continue documenting compliance through a "new hire" metric, this proposed definition would still require PHAs to analyze a business's labor hours in order to determine whether a business could qualify as a Section 3 business concern. One commenter noted the new burden would affect businesses who may not meet the new markers and might reevaluate the benefits of working with PHAs given the increased work to track labor hours. The commenter noted in an environment where getting bids is already difficult this would further dissuade them from doing business with PHAs. Other commenters suggested focusing on long-term employment goals for employees, developing benchmarks for growth of Section 3 business concerns, providing micro -business support, and targeting capital construction projects for mentorship and sub -contracting with Section 3 business concerns. Some commenters stated that the definition of a Section 3 business concern should remain defined in part as a business where at least 30% of the permanent, full-time workforce are Section 3 and MBE/WBE Requirements Page 55 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities currently Section 3 residents, or were Section 3 residents within three years of the date of first employment at the business concern. Commenters stated that this proposed amendment would render most Section 3 business concern owners in the commenter's city ineligible, as over 50% qualified by meeting the existing standard for the makeup of their workforce (30% full time permanent employees who are Section 3 residents). The result will be fewer Section 3 business concerns maintaining and/or seeking certification and will further compound the challenges of helping low-income workers access jobs. Most Section 3 business concerns do not possess the infrastructure to support tracking this information. A commenter stated that 75 percent of labor hours is too high as a standard for determining Section 3 business concern eligibility. A smaller percentage would be more appropriate, or perhaps HUD could allow businesses to qualify either by labor hours or percentage of staff. Commenters stated that the 75 percent criterion would defeat important purposes of the Section 3 program which include encouraging business creation and increasing contract opportunities for businesses that employ a substantial number of low-income residents. One commenter stated that it would significantly increase compliance costs, and that HUD appears to assume that every project will be tracking employee hours worked due to the applicability of federal prevailing wage requirements, but this is not the case. This commenter's program includes projects that are not subject to prevailing wage requirements, but that are subject to Section 3. Another commenter stated that the new definitions could pose significant challenges to businesses as they will have to first determine which employees are considered low- and very low-income persons, and then have to calculate if their labor hours are over 75 percent. Section 3 and MBE/WBE Requirements Page 56 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities One commenter agreed that reporting on business concerns should not be an aggregate of dollars spent. The commenter recommended that HUD keep the self -certification tool and website resource and incentivize Section 3 contractors to register to make this resource as useful as possible. The commenter observed a review of the website shows that some states do not have any Section 3 contractors listed. Commenters stated that the change from 30 percent of full-time employees to 75 percent of labor hours performed will limit Section 3 business concerns only to those lower -skilled businesses (cleaning companies, moving companies, perhaps landscaping or painting companies) that hire an overwhelming majority of their workers as low-income. One commenter stated that the proposal will not have the intended impact of increasing access to opportunity. This change would look backwards rather than measuring opportunities provided as a direct result of the contract award. In practice, this change would significantly impact administrative efforts, would adversely affect other qualified Section 3 business concerns, and potentially limit employment opportunities available to the targeted population. One commenter stated that the rule should keep the threshold at 30% but change it to hours worked rather than new hires and retain other elements of the current definition. The commenter recommended that HUD only count the hours worked by Section 3 residents toward the percentage goals of hours worked by Section 3 residents (not all employees of the Section 3 business concern). The commenter believes the 30% benchmark creates an incentive for established businesses to create a professional development component to their project approach, while 75% is much too high for most businesses to pursue. One commenter recommended the definition be modified to include more than 75 percent of the labor hours worked at the business are performed by public housing, Section 8, Section Section 3 and MBE/WBE Requirements Page 57 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities 811, or Section 202 residents or persons who, immediately prior to the date of hire, were low -or very low-income, particularly women. Commenters suggested removing the 75 percent labor hour portion all together. If HUD proceeds with this definition, it should consider a transition period so existing Section 3 business concerns can adjust to the new definition. HUD Response: HUD believes that the refined definition continues to reflect the language and intent of the Section 3 statute, defining Section 3 business concerns in a way that furthers economic opportunities for low- and very low-income persons. HUD recognizes that 75% is a higher number than the prior new hire standard but believes that Section 3 business concerns should be either majority owned by low or very low-income persons or should primarily employ such individuals. HUD believes that the prior 30% standard does not ensure that a sufficiently substantial number of low- or very -low-income persons benefit from the priority contracting status that the Section 3 statute and regulation provide. Section 3 business concern employees are counted as Targeted Section 3 workers, giving HUD funding recipients and Section 3 projects an incentive to hire them to meet their Targeted Section 3 Benchmark numbers. HUD acknowledges that the revised definition of Section 3 business concerns may result in a decrease in firms qualifying for the designation, but the benefits of qualification will be more directly targeted to low- and very -low-income persons. HUD notes that the safe harbor benchmarks can be adjusted by notice periodically, which is intended to allow HUD to modify the benchmarks to accommodate geographies where the initially proposed benchmarks cannot be met due to the unavailability of Section 3 workers and Section 3 business concerns. HUD amended this provision to clarify that the 75% of labor hours should be determined based on looking back over the last 3 months of work performed for the business. The determination as a Section 3 business concern is made at the time the contract or subcontract is executed, so that the program Section 3 and MBE/WBE Requirements Page 58 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities participants have certainty in their Section 3 strategies. However, the final rule also provides flexibility to establish Section 3 business concern status during the Section 3 covered activity, to provide further incentive to employ Section 3 workers. If the business performed multiple projects, all of the hours on the projects over the prior three-month period should be considered for making the determination. HUD notes the comment that observed a Section 3 business concern might need to track labor hours to be qualified, even if the federal funding recipient is reporting new hires. By eliminating the new hire alternative reporting metric, HUD anticipates that this dimension of documenting qualification as a Section 3 business concern will be mitigated. HUD further notes that businesses do not need to track labor hours precisely. HUD is not presuming the applicability of prevailing wage requirements, but rather is presuming that all employers paying an hourly wage will have some method to tabulate the number of hours worked, and for those that do not have a tracking mechanism in place, the final rule permits them to rely on a good faith assessment. An objective of Section 3 is to provide employment opportunities for public housing and low-income residents, which can lead to a focus on long-term employment goals. Other activities identified by the commenters are better suited for business development and therefore are outside the scope of this rule. As for the concern that the definition will limit wage growth or promotion or result in Section 3 business concerns where all employees have low-income wages, HUD provides that the qualification of a Section 3 worker takes place at either the date of the Section 3 covered activity or the date of initial hire by the employer, not more than five years previously. Labor hours of an employee who is low- or very low-income at hire will continue to count for 5 years even if that person grows into a new, more advanced position. HUD anticipates that the Section 3 and MBE/WBE Requirements Page 59 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities employee with 5 years of experience with that same employer would be moving up in the business and would eventually need to be replaced by a new, presumably low- or very -low- income entry-level employee. The definition has been modified to clarify this framework and to reduce the potential incentive to maintain workers at lower salaries simply to qualify as a Section 3 business concern. HUD also acknowledges that many entry-level opportunities for low -wage workers are in businesses and industries with a high percentage of low -wage employment possibilities. HUD determined not to implement a transition period, although contracts with Section 3 business concerns entered into under the regulations in place prior to the final rule's compliance date will continue to be considered Section 3 business concerns. (1)(iii) at least 25 percent owned by current public housing residents or Section 8 residents One commenter stated that the revised definition of at least 25 percent owned by current public housing residents, or residents who currently live in Section 8 assisted housing, will be easier to justify than evidence of a commitment to subcontract 25 percent or more of the dollar amount to all subcontracts. Other commenters stated that the third option for defining "Section 3 business concern" should be modified to require that the business have 51 % ownership by public housing or Section 8 residents. These commenters warned that unless residents have majority control there is a danger of the business being a front for owners who might not represent residents' interests. Further, the statute defines a Section 3 business concern as one with Section 3 residents having a controlling interest, or the business employs a substantial number of Section 3 residents. The commenter does not believe that this new proposed criterion is appropriate. Commenters also thought it would be inconsistent with the Congressional statutory intent that economic opportunities be provided to business concerns that are majority owned and controlled by low - Section 3 and MBE/WBE Requirements Page 60 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities and very low-income people and/or residents of government assisted housing. (12 U.S.C. § 1701u(b)). Commenters further argued reducing the required ownership percentage would also be inconsistent with HUD's public housing regulations at 24 CFR part 963, which defines resident -owned business as one "(1) which is at least 5 1 % owned by one or more public housing residents and, (2) whose management and daily business operations are controlled by one or more such individuals." Commenters felt reducing the required ownership percentage would invite manipulation and abuse, the prevention of which would require a significant administrative burden. Commenters recommended the Section 3 regulations should be designed to encourage entrepreneurial development, not a passive ownership interest. HUD Response: HUD agrees with commenters that the 25% ownership language may create the risk of unscrupulous business practices. Therefore, HUD revised the final rule to require a Section 3 business concern seeking to meet this third test be 5 1 % owned and controlled by PHA residents and Section 8 residents, in place of the 25% test contained in the proposed rule. This number is also more consistent with HUD's current contracting provision for PHA resident owned businesses in 24 CFR part 963. Wages Commenters stated that businesses should not be rewarded for paying low wages; businesses should not receive a contracting preference by virtue of the fact that they pay their employees low wages. The commenters asserted Section 3 regulations should be designed to reward businesses that provide economic opportunities to low-income persons so that they have a chance to work their way out of poverty, and the income determination must be made immediately prior to the date of hire. According to the commenters, HUD's regulations should also reward employers who provide decent -paying jobs so that their employees no longer need to Section 3 and MBE/WBE Requirements Page 61 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities depend on HUD assistance to make ends meet. Commenters observed that by determining the low-income status of employees at the time of contract award (the labor hours "are performed by low- or very low-income persons") the definition inadvertently restricts eligibility to businesses whose employees are currently low-income. For these reasons, the commenters proposed that the definition of "Section 3 business concern" be changed to "Over 75 percent of the labor hours performed for the business are performed by persons who were low- or very low-income immediately prior to the date of hire and whose current wage is equal to or greater than 80 percent of the area median income." HUD Response: The Section 3 regulations are designed to provide jobs for low-income persons. As these individuals gain experience, HUD anticipates wages will increase, and the individuals should be able to work their way out of poverty. The definition has been modified to clarify this framework by including a three-month documentation period and to reduce the potential incentive to maintain workers at lower salaries simply to qualify as a Section 3 business concern. Contract Requirement One commenter expressed concern over the elimination of Section 3 business concern contracting requirements because the commenter's agency spends a lot of resources on outreach, but recognized many housing authorities lack the resources or diverse vendor marketplaces to do the same. HUD Response: HUD recognizes that not all PHAs will have the same resources to outreach to Section 3 business concerns. HUD believes, however, that counting the Section 3 business concern employees as Targeted Section 3 workers will incentivize PHAs to target Section 3 business concerns to help meet their Targeted Section 3 worker benchmark. HUD will continue to have a Section 3 business concern directory as well to make it easy for PHAs and other Section 3 and MBE/WBE Requirements Page 62 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities entities to identify Section 3 business concerns in their jurisdiction. HUD also believes that making the definition consistent with the PHA resident -owned businesses definition in 24 CFR part 963 will also provide another avenue for finding Section 3 business concerns. Alternative Suggestions for the Definition of Section 3 Business Concern One commenter recommended that HUD extend Section 3 business concern status to businesses funded through the Opportunity Zone program.' Commenters suggested defining a Section 3 business concern as meeting one of the following categories, in the following priority order: (1) businesses owned 100% by Section 3 persons; (2) businesses owned and operated at a minimum 5 1 % by Section 3 Persons; (3) Businesses whose total employees consist of a minimum of 75% Section 3 persons who reside within the project area; (4) Businesses whose total contract specific staffing (not back office administration unless the opportunity created is a back office position) has more than 50% Section 3 persons residing in the project area; (5) businesses owned by persons providing a negotiated employment level greater than 30% of total project staffing to Section 3 persons; (6) businesses who commit to directly conduct or to sub- contract professional employment readiness and employment trade skills training related to the project work or other in -demand employment disciplines, at a minimum of 10% of their total contract award, plus or minus change orders, to Section 3 persons. Under (1), (2), (5), and (6), there is a priority order for the Section 3 persons as well: (A) Public housing assisted persons at the property where the work is being executed. When a contract is issued for service work covering multiple properties of the PHA, any public housing person from that PHA's portfolio shall compete equally for any opportunities created as a direct result of the expenditure. (B) 5 See HUD, Opportunity Now, Hud.gov, https:Hopportunityzones.hud.gov/. Section 3 and MBE/WBE Requirements Page 63 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities When the service contract only covers one public housing property, the persons from that property will receive first priority for opportunities and then persons from other properties of the PHA's public housing portfolio will be secondly considered. (C) Housing Choice Voucher holders of that specific housing authority that administers that voucher will be third priority. (D) Persons residing in any project -based Section 8 property owned in whole or in part by that PHA. (E) Current YouthBuild participants. (F) All other low- and very low-income persons within the legal boundaries of the service area of the project. HUD Response: HUD appreciates all the different options provided by commenters. However, HUD believes the final Section 3 business concern definition provided in this final rule provides a balance that is consistent with the statute and ensures that most Section 3 business concerns are in fact aimed at employing low- and very low-income persons. See responses above for additional discussion of the Section 3 business concern definition. Small PHA Reporting Support Some commenters supported reporting flexibility for small PHAs, and especially the removal of the non -construction contract goal of 3 percent of all covered contracts to Section 3 business concerns, which they said is challenging to meet due to the amount of professional service contracts. One commenter suggested that for consistency and clarity, the final rule should exclude all PHAs with 250 or fewer units from reporting on benchmarks, regardless of procurement cost. The commenter also suggested that since the proposed rule exempts Section 8 funding from having to meet Section 3 requirements, the final rule should clarify the definition of a small agency for the purposes of Section 3 reporting to mean an agency with 250 or fewer public housing units. Another commenter recommended defining "small PHA" in a way that Section 3 and MBE/WBE Requirements Page 64 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities alleviates regulatory burdens for as many agencies as possible and suggested defining small PHA as those having 550 or fewer combined public housing and Section 8 units; or, as Section 8 funding is not covered by Section 3, utilize a 250 unit threshold. Another commenter supported the small PHA reporting exemption suggesting that HUD should define a small PHA in a way that would maximize the number of agencies exempted from detailed reporting, recommending 550 combined units (consistent with the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018 and the Housing and Economic Recovery Act of 2008) or 250 public housing units (as Section 8 assistance is not covered by Section 3). HUD Response: HUD continues to support the Small PHA reporting provision in the proposed rule. Small PHAs with less than 250 public housing units will not be required to report the number of labor hours and instead will be required to report their qualitative efforts. The final rule does not require a commitment to award at least 3 percent of the total dollar amount of all other Section 3 covered contracts to Section 3 business concerns. HUD currently is also not changing the number of public housing units for determining the Small PHA exception. All PHAs Should Report for Data Collection and Compliance Some commenters recommended that all PHAs, regardless of size, should be required to report for data collection and compliance. Other commenters specifically objected to the labor hours reporting exemption for PHAs with fewer than 250 housing units, because inexpensive software is available for PHAs to track and report labor hours. Other commenters suggested removing all exceptions for PHAs. Additional commenters elaborated that reporting requirements should be the same for all entities with no exceptions, noting that every recipient Section 3 and MBE/WBE Requirements Page 65 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities and every dollar should be included in order to guarantee that opportunities reach the poorest and smallest communities. Commenters noted that small PHAs should not be exempt because they could have significant contractor and subcontractor activity in any given year. Specifically, one commenter noted that the $200,000 threshold should apply to small PHAs because they have the same opportunity to create jobs as other entities. Another commenter noted that not requiring small PHAs to report creates a loophole that hinders opportunity. HUD Response: HUD has heard from small PHAs that they do not receive enough funding or have sufficient pools of Section 3 workers to support annual new hire or labor hour reporting. Close to one-half of small PHAs with less than 250 public housing units receive less than the $200,000 project threshold applicable to Section 3 projects that receive other HUD assistance such as CDBG and HOME funding. Due to Operating Fund shortfalls, small PHAs can take advantage of the authority under section 9(g)(2) of the United States Housing Act of 1937 to use its Operating and Capital Funds flexibly to fund any eligible activities under either funding stream. Some small PHAs compensate by promoting economic opportunities through referrals of residents to employers and job fairs, providing training facilities and offerings, and other local efforts. To recognize these other activities and the generally low amount of funds available or used for capital projects, small PHAs will report qualitatively on their efforts. No Good Faith Assessment for Small PHAs Some commenters objected to allowing small PHAs to supply a "good faith" assessment of hours worked because doing so would invite those entities to bypass important tracking requirements, suggesting that HUD should require quarterly, instead of annual reporting. Section 3 and MBE/WBE Requirements Page 66 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities HUD Response: The small carve out for good faith assessment is not limited to small PHAs. As stated in the proposed rule, it is a limited exception where PHAs and other recipients of public housing financial assistance could use the reporting of a good faith assessment of the labor hours of a full-time or part-time employee from contractors and subcontractors that have not been subject to requirements specifying time and attendance reporting, and do not have systems already in place to track labor hours. This is to address employers that do not already track labor hours without making changes in time and attendance or payroll. It is not a permanent exception and if in the future the contractor or subcontractor is required to track labor hours under some other authority, or begins to voluntarily track labor hours, the exception would no longer apply. Qualitative Reporting Another commenter noted that the rule lacks information on what qualitative reporting will be required of small PHAs to substantiate the claim that such reporting will be less burdensome and recommended that small PHAs have the option to track labor hours or do qualitative reporting. HUD Response: The rule seeks not to be too prescriptive on qualitative reporting to provide small PHAs with the flexibility to report on a range of activities. HUD is considering some of the following to signify qualitative efforts: Outreach efforts to generate job applicants who are Targeted Section 3 workers; direct on-the-job training (including apprenticeships); indirect training such as arranging for, contracting for, or paying tuition for, off -site training technical assistance to help Section 3 workers; and outreach efforts to identify and secure bids from Section 3 business concerns. HUD plans to create a form for tracking and reporting qualitative efforts, to ease burden on recipients. HUD agrees that small PHAs should have the option of Section 3 and MBE/WBE Requirements Page 67 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities conforming to the more quantitative reporting standards and has modified the text to permit such option. Dollar Threshold for Small PHAs A few commenters also recommended use of a dollar threshold for public housing assistance similar to that used for other HUD assistance as a means to reduce reporting burdens on small agencies. One commenter suggested that using a dollar threshold, rather than a threshold based on number of public housing units, is a more practical and effective means of identifying those smaller projects that are less likely to generate significant Section 3 employment opportunities. Another commenter further suggested that thresholds established in the proposed rule for Community Planning and Development (CPD) should be applied across the board to all programs and noted that using a per -project or per -recipient threshold would more accurately exclude or include small PHAs based on funding. This commenter also suggested establishing a threshold for work -able non -working residents below which small PHAs would not have to report. HUD Response: HUD continues to maintain that a dollar threshold for public housing financial assistance is not consistent with the statute. Section 3 applies to public housing operating, development, modernization, and management assistance, which covers virtually all housing authority projects and activities. HUD believes that the statute's expansive coverage of public housing projects and activities indicates that any attempt to diminish the coverage would be inconsistent with the statute. Subcontractors Several commenters noted that Section 3 requirements should not apply to subcontractors. Commenters stated that extending reporting requirements to subcontractors Section 3 and MBE/WBE Requirements Page 68 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities would discourage participation in PHA contracting opportunities, adversely impacting competition in the market, driving up construction costs and limiting economic opportunities. Other commenters added that HUD should consider ways to reduce administrative requirements on subcontractors wherever possible, echoing concerns that regulatory burdens which do not acknowledge subcontractor's practical limitations will discourage private sector partners from working with PHAs. The commenters also suggested that regulatory relief for subcontractors could be achieved in a number of different ways, which range from exempting small subcontractors, excluding subcontractors from Section 3 obligations if their contracts are below a certain dollar threshold or below a percentage of the total covered funding on the Section 3 project. Commenters also suggested HUD consider limiting Section 3 obligations to the recipient, general contractor and immediate subcontractor(s), noting that relieving some or all Section 3 obligations on subcontractors may attract more high -quality tradespeople to affordable housing construction projects and possibly also lower the construction costs on Low Income Housing Tax Credit (LIHTC) and other affordable housing projects with covered HOME or CDBG funds. Other commenters who expressed concerns about the reporting requirements for grantees and subcontractors also suggested thresholds for subcontractor reporting. Some commenters suggested retaining the existing $100,000 threshold, though one commenter recommended a reduced compliance level, allowing subcontractors to track Section 3 employees instead of labor hours, to reduce the administrative burden on small entities who lack the capacity to track hours. Some commenters suggested a reporting requirement threshold of $250,000 to align with the OMB procurement threshold, one of whom recommended this threshold also apply to contractors Section 3 and MBE/WBE Requirements Page 69 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities and offered the $10,000 micro purchase threshold as an alternative. Other commenters suggested a compliance threshold of $200,000. A number of commenters supported reporting requirements for both contractors and subcontractors. One commenter recommended excluding second tier and below subcontractors from requirements, noting that large PHAs are more likely to award or fund multimillion -dollar projects that have more than 25 first -tier subcontractors. Two commenters mentioned the role of contractors simplifying the reporting mechanism for subcontractors and encouraging subcontractors to comply with requirements. One commenter also suggested that the funding recipient should be allowed to decide the extent of the Section 3 reporting requirements for subcontractors. One commenter requested clarification as to how Section 3 requirements "flow down" to contractors and subcontractors for housing and community development financial assistance, noting the current regulation includes references to recipients as well as contractors and subcontractors when describing numerical goals and hiring/contracting preferences. The commenter went on to state that Subpart C of the Proposed Rule references only the recipient when describing the employment, training and contracting requirements and safe harbors, and removes the $100,000 contractor and subcontractor threshold in the current regulation for triggering Section 3 requirements. The commenter noted that while the Proposed Rule does mandate that each recipient "require subrecipients, contractors, and subcontractors" to meet the hiring/contracting requirements, they would propose a clarification on the extent to which contractors, subcontractors and subrecipients on Section 3 projects are bound by the requirements. Section 3 and MBE/WBE Requirements Page 70 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities HUD Response: HUD is sensitive to the potential burden that Section 3 compliance may impose and has focused on outcomes, allowing the recipient to direct where the recipient's efforts, and its contractors' and subcontractors' efforts, will have maximum effect. In the statute, the sections addressing public housing programs specifically include "contractors and subcontractors" in Section 3 requirements. In contrast, the statute does not reference "subcontractors" in the sections addressing other covered housing and community development assistance. Section 3's applicability to subcontractors as set forth in this final rule closely tracks the statute's requirements. The reporting requirements, however, focus on outcomes, deferring to the recipient to focus their efforts for maximum impact with respect to Section 3, and aligning the contractual obligations the recipient imposes on contractors and subcontractors accordingly. Unlike the current rule, which applies Section 3 compliance to all subcontractors in excess of a $100,000 contract threshold, the final rule does not apply specific Section 3 reporting obligations to any subcontractor and instead such requirements would stem from the recipient. See § 135.3(a)(3)(ii)(B). The proposal to reinstate the $100,000 contract size threshold or any alternative threshold would limit the recipient's flexibility to determine how to achieve the "greatest extent feasible" standard most effectively. Similarly, subcontractors are excluded from the contract language provisions in Section 75.27(a), but subcontractors are still required to meet Section 3 requirements in Section 75.19, which provides the recipient flexibility to achieve the goal. The rule implements the suggestion provided in the comments that the recipient be allowed to decide on the extent of the Section 3 reporting requirements for subcontractors where the statute does not constrain HUD from providing this flexibility. Definition for "neighborhood" or "service area" Section 3 and MBE/WBE Requirements Page 71 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Some commenters supported the proposed definition, stating that the definitions are reasonable and will simplify compliance. Other commenters accepted only the one -mile radius definition of "service area" or "neighborhood," but suggested that HUD eliminate the population requirement given the impact on rural areas. Some commenters disagreed with the proposed definition, stating that metrics will be skewed based on close proximity to more affluent areas. Another commenter thought the definition is inconsistent with the statutory intent to encourage employment opportunities among low- and very low-income persons, noting a single definition cannot capture the expansive geographic areas. Another commenter noted the definition will actually limit mobility and the long-term success of resident programs because contracts will not provide opportunities to residents in successive projects in different neighborhoods. Some commenters wrote that the definition limits businesses in diverse economies and in high -cost cities that need more flexibility to recruit. One commenter wrote that this new definition would significantly reduce the labor pool of eligible Section 3 new hires, making it difficult to achieve benchmarks. Other commenters wrote that it may exclude local public housing or Section 8 residents. Another commenter thought that it would add challenges for contractors in identifying and prioritizing eligible workers. Other commenters noted that the restriction does not account for Section 3 covered projects in areas that are not low-income, such as some CDBG expenditures. In addition, commenters noted that such a limitation could have the unintended consequence of excluding large groups of people from the pool of potential employees, especially in cities that are combatting racial segregation. Another commenter stated that the requirements are too geographically limited as to whom and where recipients/contractors must provide opportunities. Section 3 and MBE/WBE Requirements Page 72 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Additionally, it does not account for opportunities that are accessible beyond the prescribed radii by using mass transit and other commuting opportunities. Some commenters noted that a new definition would add unnecessary administrative burdens which increases the cost of program management and compliance. One commenter wrote that determining how to meet a 5,000-person radius would be burdensome. Other commenters wrote that completing data analysis of employee home locations and certification would be administratively burdensome and could be covered under state and local data privacy laws. In addition, a commenter stated that the definition may limit PHAs' abilities to hire individuals in their communities who would otherwise qualify as a Section 3 worker and stated that entities receiving community development funds are better at determining which individuals would benefit most from Section 3 employment. Several commenters suggested that HUD retain the definition of "service area" as it exists in the current rule at 24 C.F.R. 135.5. Another commenter supported Section 3 and encouraged the retention of flexible approaches to compliance, such as those outlined in 24 C.F.R. 135.30. Any proposed rule changes should consider geographical and service population differences. The commenter supported maintaining the rule as is, noting it provides flexibility for compliance through training, hiring, or contracting. Similarly, another commenter noted that there should be flexibility and factors other than hours worked and earned to provide Section 3 credit. HUD Response: HUD notes that the neighborhood or service area requirement applies to the prioritization of effort with respect to housing and community development financial assistance, not public housing funds. The hiring prioritization is different for this category of funding, and pursuant to the statute is focused on residents of the geographic area in which the work is being Section 3 and MBE/WBE Requirements Page 73 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities done, not on the rent -assisted status of the workers. Consequently, in this context, HUD is not adjusting the regulatory text to acknowledge the availability of transit or to prioritize employment of low- and very -low-income people from a broader geography. The rule seeks not to limit the labor pool available within specific geographic areas, but to allow flexibility for smaller and more rural areas through the definition. HUD believes counting individuals who live within one mile of the worksite and within an expandable circle centered around the worksite that encompasses 5,000 people provides a definitive means of determining who counts as a Targeted Section 3 worker within the service area or the project neighborhood. Where the one -mile radius circle centered around the worksite has less than 5,000 people, the radius would be expanded outwardly to achieve the desired population of 5,000 people. This expansion would address many of the commenters' concerns regarding smaller communities or rural areas. For the benefit of densely settled urban areas, HUD recognizes there may be more than 5,000 people, but will hold at the one -mile geographic diameter. HUD believes this final rule does take into consideration geographical and service population differences and retains flexibility for compliance through training, hiring, or contracting. Additionally, the rule is meant to streamline the Section 3 process to make it consistent with the statute and easier to implement. Compliance can be evaluated qualitatively if the labor hours benchmark cannot be met. Under this rule, both measurements are permissible, and the requirements for qualitative evaluation are laid out in the rule. In addition, HUD intends to create a web -based tool to support recipients, subrecipients, contractors, and subcontractors in determining the geographic area encompassing Targeted Section 3 workers. Allow Grantees to Define "Neighborhood" or "Service Area " Section 3 and MBE/WBE Requirements Page 74 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Commenters recommended that grantees be given the ability to define "service area" for themselves. Another commenter urged HUD to adopt something other than a "one -size -fits -all" approach so that small rural counties would not have difficulty utilizing federal funding. One commenter noted for example that in New Orleans, there are clearly defined neighborhoods that most residents and officials understand and recognize, some having a larger area than a one -mile radius. The commenter stated that allowing for a more localized definition of `project area,' rather than using HUD's definition of a one -mile radius or 5,000 person population guideline, increases local participation in projects that impact those individuals and their immediate surroundings and makes the most sense for their community. This commenter stated that recipients should be able to define their geographic size for purposes of how they focus their priorities regarding low-income persons residing within the service area or neighborhood in which the project is located, and communicate their determination to sub -recipients, contractors and subcontractors. Another suggestion was to have localities work with their local HUD office to define service area based on the locality's characteristics. Commenters suggested that HUD allow residents and businesses from anywhere in the state to receive priority consideration or to give state recipients deference in establishing areas for purposes of meeting Section 3 requirements. Additionally, one commenter stated that service area may change based on project type, some serving entire communities while others serve smaller sections of a community, rendering the one -mile radius inapplicable depending on the project's scope of impact. The commenters noted that limiting preference to a certain "service area" may have the unintended consequence of excluding large groups of people from the pool of potential employees. The commenters proposed allowing localities to either target job opportunities to Section 3 and MBE/WBE Requirements Page 75 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities low-income hires from anywhere within the locality, or work with their local HUD offices to define appropriate service areas based on the characteristics of the locality. One commenter wrote that the one -mile radius is too limiting and that residents within the community should be considered. Some commenters suggested that HUD define service area to be "the area within or contiguous to a PHA's jurisdictional boundaries." Other commenters suggested that HUD define "service area" or "neighborhood" in the following tiered manner: (1) PHA residents in project area; (2) Section 3 residents in project area; (3) extremely low-income or homeless individuals in project area; (3) YouthBuild in project area; and (5) next closest PHA in project area. One commenter suggested that HUD should give preference to eligible residents of the neighborhood surrounding the PHA before other residents of the metropolitan area and should utilize the language in Subpart C §75.19 reading "Section 3 workers residing within the service area or the neighborhood of the project." One commenter stated that Section 3 Employment Priorities, as written, is very clear as to the order of Section 3 applicant priorities, starting with residents in closest proximity to the construction project, but disagreed that the one mile and 5,000 population radius is an appropriate geographic, using two PHA examples of Cayce Place and Edgehill to show that these metrics would be skewed based upon the close proximity to those earning twice the AMI and with property values in the hundreds of thousands of dollars. HUD Response: As noted above, the neighborhood or service area requirement applies to the prioritization of effort with respect to housing and community development financial assistance, not public housing funds, and the focus in this context is on residents of the geographic area in which the work is being done. HUD believes that its proposed framework of counting individuals who live within one mile of the worksite and within an expandable circle centered Section 3 and MBE/WBE Requirements Page 76 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities around the worksite that encompasses 5,000 people provides a definitive means of determining who counts as a Targeted Section 3 worker within the service area or the neighborhood of the project. HUD believes the proposed Section 3 regulation takes the varied geographical areas into account and provides a streamlined framework that more specifically determines who might benefit from employment and training opportunities available within the area surrounding a Section 3 project. Where the radius or circle centered around the worksite has less than 5,000 people, the radius would be expanded outwardly to achieve the desired population of 5,000 people. All Targeted Section 3 workers identified by the geographic radius must also qualify as Section 3 workers, so this would not include higher -income workers within the neighborhood or service area. Rural Areas and Contractors Several commenters noted concerns about the effect of the proposed "service area" definition on Section 3 implementation in rural areas. One commenter stated it would be unrealistic and burdensome for employers in rural areas to administer and monitor the one -mile radius, and that it does not reflect the realities of construction employment in small rural states where the service area is the entire state. One commenter also stated that in areas of low population density, there often will not be sufficient residents or businesses that are capable of performing the work required for housing and community development projects. Other commenters wrote that, given chronic and widespread labor shortages, it is inadvisable to have such a small geographic restriction on the labor pool of Section 3 workers. Other commenters accepted the one -mile radius definition of "service area" or "neighborhood," but stated the 5,000-person population radius is too large for rural areas. Section 3 and MBE/WBE Requirements Page 77 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Another commenter noted that the population threshold could increase the service area size exponentially in cities and counties where the population is less than 5,000. One commenter in Utah opposed the proposed definition, arguing that changing the definition of "neighborhood" to 5,000 people would not work because of the state's very large rural geographic area. The commenter stated HUD's determination that most (77%) current CPD projects had a population of 5,000 people within one mile of the project site is not applicable in Utah, which has only 29 counties. The commenter detailed that 70% of Utah's population resides its 4 urban counties, and Utah's CDBG projects are part of the 23% that do not have 5,000 people within a one -mile radius of a project site. One commenter mentioned the impact of the proposed definition on small contractors or those outside the immediate service area, noting that CBDG and HOME funds are often financing projects completed by small contractors who need to travel outside of a service area to complete work on a project. Another commenter rejected the proposed definition, suggesting that for small town jurisdictions, the "service area" or "neighborhood" should apply within the recipient's jurisdiction, which may be an entire county. One commenter mentioned that finding Section 3 contractors or businesses is already challenging and should not be limited by a "service area" or "neighborhood" definition. HUD Response: HUD acknowledges and has carefully considered the concerns of commenters representing small and rural areas regarding the proposed definition of neighborhood/service area. As previously stated, HUD supports the proposed framework of counting individuals who live within one mile of the worksite and within an expandable circle centered around the worksite that encompasses 5,000 people. This concept was designed specifically to address the unique needs and challenges facing rural and small communities. The graphic provides an Section 3 and MBE/WBE Requirements Page 78 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities example on how a circle centered around a worksite with fewer than 5,000 people may be expanded until the desired population goal of 5,000 people is met or eligible Targeted Section 3 workers are counted. Project worksite - (1,000 population) Worksite Circle Expands 25 miles - (2,800 population) Worksite Circle Expands 50 miles - (5,000 population) Above: Graphic depiction showing how the one -mile radius can be expanded where there are fewer than 5, 000 people until the 5, 000 person population is found. The text as written will provide a definitive means of determining who counts as a Targeted Section 3 worker within the service area or the neighborhood of the project. HUD believes the proposed Section 3 regulation takes the varied geographical areas into account and Section 3 and MBE/WBE Requirements Page 79 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities provides a streamlined framework that more specifically determines who might benefit from employment and training opportunities available within the area surrounding a Section 3 project. HUD also notes that over time, as outcome results are reported to HUD, the benchmarks may be tailored to certain types of projects and geographies by notice, with the explicit intention that it may be appropriate to set different benchmarks for rural areas given the availability of labor and the patterns of contracting work in rural areas. Web Tool Some commenters noted that HUD's proposal to provide a web tool to aid in the process of determining a geographic service area would be helpful. One commenter urged HUD to provide the proposed web tool that will help determine the geographic area that encompasses Targeted Section 3 workers before it proceeds with the current definition and finalizes the rule. Commenters requested that HUD provide it to state and local recipients, sub -recipients, contractors, and subcontractors for testing before implementation. Though encouraged by the prospect of a web tool to help determine the geographic area that encompasses Targeted Section 3 workers, some commenters still argued for a broader definition and geographic areas that define Targeted Section 3 workers. Some commenters thought the web tool would not alleviate burden from the contractor that would still need to determine if a worker meets the requirements to be in the geographically defined area. HUD Response: HUD agrees with the suggestion to provide a web tool to aid in the process of determining a geographic neighborhood/service area. As stated in the proposed rule, HUD will create and provide this tool at the issuance of the final rule to aid recipients, subrecipients, contractors, and subcontractors to determine the geographic area that encompasses Targeted Section 3 and MBE/WBE Requirements Page 80 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Section 3 workers under this definition. HUD will also explore the option of creating a mobile tool to help recipients with monitoring and compliance determinations. Exceptions Commenters suggested the proposed definition should not apply to Puerto Rico considering its geographic composition. HUD Response: HUD has decided to retain the proposed definition for all recipients, including Puerto Rico. HUD believes the proposed regulation takes the varied geographical areas into account and provides a streamlined framework that will enable eligible workers to benefit from employment and training opportunities available within the area surrounding a Section 3 project. YouthBuild Participants Some commenters were in favor of or not opposed to expanding the definition to include previous YouthBuild workers that are under 24 years of age and those who are still eligible to participate in YouthBuild but may have graduated out of the program. One commenter was opposed to expanding the definition on the grounds that it would require onerous and complex background checks and research to determine whether a participant meets the alternate definition. One commenter recommended that the definition be changed to include previous YouthBuild workers who successfully graduated from the program and are either under age 24 or are otherwise still eligible for YouthBuild programs. Other commenters proposed that the definition of YouthBuild participant should be as broad as possible, regardless of age, while other commenters proposed the definition to include other programs which teach relevant skills, such as Service and Conservation Corps participants and graduates, participants/graduates of "pre -apprenticeship" training programs, participants/graduates of "youth corps," VFW Local Program participants, and AmeriCorps participants. Section 3 and MBE/WBE Requirements Page 81 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities HUD Response: HUD appreciates the commenters' support of the YouthBuild program, and after careful deliberation, has decided to keep the definition consistent with the current regulations and current YouthBuild participants. See 29 U.S.C. 3226; 24 CFR 135.5. HUD determined that given the work required to certify current YouthBuild workers, that adding a longer -term duration would create an additional paperwork requirement on both the person claiming the status and the entity reporting the status. It may also cause confusion using a certain period of time. Additionally, a YouthBuild worker can still qualify for 5 years if they are employed at the end of their YouthBuild experience. Applicability and Scope One commenter supported the rule's change to applicability. Another commenter supported Section 3 as an important mechanism to strengthen communities, reduce poverty, and increase residents' economic self-sufficiency. One commenter proposed that these rules should apply to all developers, contractors, and sub -contractors; all professional, skilled, unskilled, technical, and consulting service contracts compensated partially or fully by HUD funds —no exceptions. Another commenter suggested these rules shall be applicable to all professional, skilled, unskilled, technical, and consulting service contracts line items. Other commenters suggested that HUD should clarify that owners and managers of HOPE VI, Choice Neighborhoods and Mixed -Financed Developments are subject to Section 3 Hiring and Contracting requirements in their own operations and should extend this requirement to Rental Assistance Demonstration (RAD) converted projects. One commenter supported HUD's separation of PHA requirements from non -PHA requirements because it did not make sense for non-PHAs to follow regulations intended for PHAs. Section 3 and MBE/WBE Requirements Page 82 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities A commenter supported HUD's clarification regarding Section 3 applicability to projects receiving HUD assistance of $200,000 or greater. Another commenter warned that this rule states that Section 3 will apply when the amount of HUD assistance is greater than $200,000 on a per -project basis, which would potentially exempt projects where the HUD funding is less than $200,000, even though the combined total funding is much higher, leading to a decrease in number of projects subject to Section 3. One commenter suggested that PBV and PBRA contracts should be exempt from Section 3 compliance. Another commenter suggested that, rather than a per -project basis, it would be simpler to apply Section 3 to individual contracts for housing and public construction funded with HUD assistance. HUD Response: HUD shares the view that Section 3 is an important mechanism to strengthen communities, reduce poverty, and increase economic self-sufficiency. HUD seeks to focus Section 3's applicability where it can have a real impact, and to exempt from Section 3 those cases where applicability imposes burdens not commensurate with outcomes. HUD has concluded that in certain circumstances, particularly professional services, there are very few opportunities for Section 3 outcomes. The proposed definitions defined the scope of programs subject to Section 3 requirements but did not expand such coverage beyond what HUD's existing regulations already required for compliance. HUD proposed the $200,000 threshold for housing rehabilitation, housing construction and other public construction projects because work below that amount would likely not trigger long-term employment opportunities for which the recipient could show measurable labor hours. HUD disagrees that Section 3 should be applied to all types of work, without exception, and reaffirms in the final rule the exception for professional services. The proposed rule does, however, give credit in the reporting for opportunities that are created in Section 3 and MBE/WBE Requirements Page 83 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities the professional services context by including professional services labor hours in the numerator, and not in the denominator, of the reported outcome ratios. The final rule applies Section 3 in a manner consistent with the statute. HUD has determined that monthly rental assistance payments, such as those provided under Section 8 project -based voucher or project -based rental assistance housing assistance payment contracts, are not covered by the statute. Properties converted to Section 8 rental assistance through the RAD are covered by the rules applicable to Section 8. However, the RAD governing notice does apply Section 3 requirements to those activities occurring after the date of the RAD conversion which are contractually obligated as part of the RAD conversion. Employment Priorities § 75.9 / § 75.19 Some commenters supported separating the agencies which fund Section 3 projects from PHAs and mirroring the statute. Other commenters felt that the priorities should be the same for both Section 3 projects and PHA financial assistance. Other commenters suggested that HUD give preferences to certain groups, while other commenters thought HUD should consider adding geographic considerations into the definition. One commenter suggested that the last priority level should be expanded to any person if the PHA can reasonably demonstrate there are not sufficient Section 3 residents with the requisite job skills within a project's geographic area. Commenters also asked HUD to clarify that otherwise eligible workers of PHAs, even if under private management, are included in this category, as well as recipients of Section 8 assistance or voucher assistance residing in properties managed by other entities. One commenter suggested HUD change the regulatory language to insert the word "priority" in § 75.19 to clarify the requirement and make the sections consistent with § 75.9. Section 3 and MBE/WBE Requirements Page 84 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities HUD Response: HUD appreciates the comments that supported the employment prioritizations. These prioritizations follow the statutory prioritizations, and HUD is including that language for clarity for recipients implementing the regulations. HUD has rephrased § 75.19 to include the word "priority," consistent with the language of the statute. While HUD appreciates the alternative suggestions, these regulations are meant to streamline the Section 3 process to make it consistent with the statute and easier to implement. HUD believes that the existing regulatory text does that and is making no changes to this section. HUD, however, encourages the HUD financial assistance recipients to consider all the diverse suggestions provided when working on outreach to persons who are low- and very low-income persons to meet the Section 3 benchmarks including residents of PHAs under private management such as those residing in a mixed -finance development project. Reporting § 75.15 / § 75.25 Consolidated Plan Regulations A commenter recommended that the Consolidated Plan regulations at 24 CFR 91.520(a) be amended to specifically include Section 3 reporting; PIH will need to develop a Section 3 reporting format. HUD Response: HUD will review Department -level strategies on how to effectively incorporate Section 3 reporting into current systems and data collection tools, including the Consolidated Plan. As a result, HUD will issue sub -regulatory guidance on reporting per program area and provide technical assistance to recipients for Section 3 compliance. Systems A commenter warned that HUD will need to modify IDIS to allow CDBG and HOME recipients to report on their Section 3 actions annually because CDBG and HOME recipients will Section 3 and MBE/WBE Requirements Page 85 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities report on their Section 3 actions in IDIS using a similar form as HUD Form 60002 that has been modified to capture labor hours worked. This commenter stated that this move will eliminate redundancy and ease the administrative burden for grantees. HUD Response: HUD agrees that the Integrated Disbursement and Information System (IDIS) and DRGR should be modified to ensure accurate Section 3 compliance reporting for CDBG and HOME recipients. HUD will also adjust our data collection systems as necessary to ease administrative burden for grantees and to eliminate redundancy. Report Through Action Plan and/or CAPER and Effective Date A commenter supported HUD's effort and recommended reporting through the Action Plan and/or the Consolidated Annual Performance Evaluation Report (CAPER), only on completed projects. One commenter recommended that the final rule be effective for funds granted in the next Federal fiscal year after publication of the final rule so there is time for contracts/written agreements with sub-awardees to be amended, and in order to avoid having CAPER reporting requirements from annual federal years with two separate program requirements. HUD Response: HUD supports efficient and effective Section 3 compliance reporting through current mechanisms, such as the Annual Action Plan and/or CAPER, for applicable HUD programs. As stated in the proposed rule, HUD believes that requiring reporting annually, but consistent with timeframes that PHAs and other recipients of other housing financial assistance are already using to submit documents to HUD, will relieve existing burden. HUD may also look into reporting into other existing systems rather than requiring PHAs and other recipients to log into and report under a separate system, such as the existing SPEARS. Double Counting Section 3 and MBE/WBE Requirements Page 86 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities A commenter stated that reporting responsibilities when multiple government agencies provide HUD CPD funds are unclear and requested HUD determine whether agencies will be responsible for reporting outcomes for each federal investment or whether HUD will prevent double counting by limiting reporting to one funding agency per Section 3 project. HUD Response: Section 75.29(b) specifies that when there is funding from multiple programs that exceed the threshold in § 75.3(a)(2), the recipient will report to the applicable HUD program office. Some HUD systems allow for indicating when there are multiple HUD funds so that reporting can be limited to one system. However, not all HUD systems provide for that type of designation. HUD will provide additional guidance to recipients that have multiple funding sources on the proper process for reporting Section 3 project completion. Separate Reporting by Funding Source One commenter requested HUD clarify whether PHAs will still be required to report separately by funding source (e.g., Operating Funds and Capital Funds) or whether the hires report will be aggregated to report only on PHA total funds. This decision will impact how PHAs currently collect and track Section 3 hires. A commenter supported elimination of separate reporting on contracting with Section 3 business concerns. Other commenters stated that the reporting and monitoring required to remove professional services labor hours from overall labor hours would add additional administrative burden to PHAs and could prove challenging in the overall reporting process. HUD Response: Under the final rule, for non-MTW agencies, reporting initially will remain at the grant or individual program level, but HUD may explore agency -level reporting where possible to streamline and simplify. PHAs will still be required to report by separate funding source or in the aggregate for MTW agencies. For ease in administration, the rule will provide Section 3 and MBE/WBE Requirements Page 87 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities separate definitions for these types of funding and separate subparts relating to: (1) Public housing financial assistance, which covers (a) development assistance provided pursuant to Section 5 of the United States Housing Act of 1937 (the 1937 Act), (b) operations and management assistance provided pursuant to Section 9(e) of the 1937 Act (Operating Fund), and (c) development, modernization, and management assistance provided pursuant to Section 9(d) of the 1937 Act (Capital Fund); and (2) Section 3 projects, which means housing rehabilitation, housing construction and other public construction projects assisted with HUD housing and community development assistance when the amount of the assistance to the project exceeds $200,000, or $100,000 where the assistance is from HUD's Lead Hazard Control and Healthy Homes programs. There are no current plans to aggregate the information or eliminate reporting on contracting with Section 3 business concerns. Small PHAs with less than 250 public housing units will be permitted to report qualitatively. HUD is exploring how best to implement qualitative reporting for small PHAs, and as indicated above may study whether other reporting methods should be contemplated in the future. As stated in the final rule, HUD believes that tracking labor hours consistent with existing tracking for prevailing wage requirements would reduce burden on recipients. HUD also believes that tracking labor hours will better allow HUD to determine if long-term employment opportunities are being generated. Exempt Commodity Purchases, Non -construction, and Professional Services Commenters strongly agreed with the change to exempt both commodities purchases (material supply contracts) as well as professional services (contracts for legal, accounting, financial consulting, environmental assessment, A&E services and other professional services) from the calculation of contract dollars and new hires for reporting. One commenter supported exclusion of Section 3 requirements on non -construction professional services (e.g., legal, Section 3 and MBE/WBE Requirements Page 88 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities accounting, and engineering) but has concerns that not all Section 3 workers want careers in the construction field and some employment is generated in non -construction contracts. HUD Response: The final rule maintains the exemption of material supply contracts and maintains the structure presented in the proposed rule which does not require separate reporting of contracting with Section 3 business concerns. HUD is providing clarification on the exemption for professional services in the definition of "professional services" in this final rule, by defining professional as services that require an advanced degree or professional licensing. HUD acknowledges that many low-income workers seek employment in jobs other than construction. However, data indicate that there are relatively few opportunities for Section 3 hiring in professional services fields such as legal services and civil engineering. Many of the positions within these professional services fields require specialized degrees and in many cases the hiring is not directly tracked to a specific federally funded project or activity. The reporting structure in the rule allows a recipient to count as Section 3 labor hours and as Targeted Section 3 labor hours any work performed by a Section 3 worker or a Targeted Section 3 worker (i.e., in the numerator of the calculation), even when the professional services as a whole are not counted in the baseline reporting (i.e., in the denominator of the calculation). The effect of this reporting structure is to give a recipient a bonus if they are able to report Section 3 hires in the professional services context. Frequency of Reporting Commenters stated that annual reporting does not facilitate capture and correcting of non- compliance. Some commenters recommended all PHAs should provide Section 3 reports quarterly instead of at the end of the fiscal year. Another commenter recommended that reporting should be done on a monthly basis. Section 3 and MBE/WBE Requirements Page 89 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities One commenter strongly supported a return to annual reporting and integration of reporting with other funding program reporting requirements. Another commenter supported annual reporting for reducing administrative burden of more frequent reporting. Another commenter supported the proposed change to annual reporting on projects completed within the reporting year. HUD Response: The reporting requirements represents a balance between frequent reporting, effective reporting, and administrative burden. Frequent reporting allows HUD to keep a closer eye on compliance, and early oversight can result in identification of non -compliant actors when there is still opportunity to influence change. Frequent reporting also risks identifying as non- compliant those endeavors where the Section 3 opportunities are sequenced later in the effort's timeline, resulting in ineffective reporting. This is often the case in construction efforts that begin with heavy machinery work and end with trades where Section 3 opportunities are more commonly created. Additionally, there is an administrative burden for the reporting entity, and an oversight responsibility for HUD, each time Section 3 reports must be submitted. HUD notes the variety of opinion represented in the comments, with suggestions of monthly, quarterly, and annual reporting, as well as the project -based reporting permitted in the proposed rule. HUD has determined not to revise the rule. As a result, reporting is on an annual basis for ongoing endeavors such as PHA operations or multi -year infrastructure or disaster recovery efforts. For discrete projects such as development of a singular multifamily apartment building, the reporting is on a project basis, and reported to HUD in the recipient's annual report corresponding to the year of the project's completion. Acknowledging the value of early intervention, the final rule also shifts oversight of Section 3 from a centralized HUD office, which typically does not have visibility into whether the funding recipient is embracing and effectively implementing its Section 3 and MBE/WBE Requirements Page 90 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Section 3 obligations, to the program office which is in regular communication with the funding recipient. Part of HUD's intention with respect to this shift in oversight is to integrate discussions of Section 3 compliance into regular oversight discussions so that there are opportunities to influence improvement in Section 3 performance on an ongoing basis. Submission Timing Commenters recommended that HUD should provide further guidance on how and when annual reports will be submitted and stated that meeting the current January IOth deadline is a challenge for PHAs because end -of -year hires may be undercounted because paperwork may still be in process in January. Commenters stated that if the new regulations require reporting consistent with the timeframes that PHAs are already using, it will assist PHAs in providing the most accurate and up-to-date information. The commenters recommended that HUD refine the proposed reporting frequency regulations to read: "recipients must report annually after the end of their reporting year to HUD..." and HUD should provide PHAs 90 days from the end of their reporting year to have sufficient time to collect and aggregate data. Another commenter noted that MTW PHAs provide annual reports based on the past fiscal year and updating the system to include such Section 3 reporting would be easier to use. This commenter also noted that it needs to be clarified how the reporting would deal with differing timelines for annual reporting versus the duration of projects with funds triggering Section 3 reporting. HUD Response: As noted above, HUD will issue sub -regulatory guidance on reporting by program area. HUD anticipates that it may be able to integrate Section 3 reporting into the funding recipients' other, programmatic, reporting structures, which already have existing time frames for submission of reports. The rule does specify that reporting is based on the recipient's Section 3 and MBE/WBE Requirements Page 91 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities fiscal year, which language has not been changed. Section 3 requirements may not be waived by MTW agencies. MTW only provides flexibility for requirements promulgated under the 1937 Act, while Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968. Since HUD has a specific online system to collect Section 3 data — SPEARS — all PHAs, including MTW agencies, should report into that system. HUD will consider providing training specific to MTW agencies, in addition to training for a more general audience, on how to use the SPEARS system. Major Construction Project Administrative Burdens Commenters warned that large workforces and the use of multiple subcontractors on major construction projects would lead to heavy administrative burdens which may discourage subrecipients or contractors from bidding. These commenters recommended contractors be allowed to self -certify to relieve administrative burdens. HUD Response: HUD appreciates the commenters' concerns but determined that self - certification would not provide HUD with an adequate compliance oversight mechanism. There is no provision in the rule for self -certification of meeting the benchmark requirements. Increasing Costs One commenter stated that the requirements are already burdensome to their local governments, administrators, contractors and sub -contractors and the proposed rule would increase the burden, leading to fewer contractors willing to participate in CDBG projects, driving up costs, and leading to smaller projects and fewer beneficiaries. One commenter supported keeping reporting requirements to a minimum because both PHAs and HUD staff have limited capacity for reporting and providing constructive feedback. Section 3 and MBE/WBE Requirements Page 92 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities One commenter stated the ability to identify workers individually rather than relying on the business concern to meet Section 3 definitions provides additional opportunity to demonstrate Section 3 compliance where there was none before, but this creates an additional burden to document safe harbor, particularly for Lead Hazard and Healthy Homes projects where a lower project dollar threshold is imposed. The commenter went on to suggest HUD consider providing additional funding for contractors to meet the financial impact of the paperwork burden of documenting compliance. Similarly, other commenters noted that under the previous rule the dollar threshold is zero, whereas under the proposed rule, despite the type of HUD funds received, every penny contracted, invested, or applied to any contract project, regardless of ownership, would have triggered full Section 3 compliance. Commenters also expressed concern for the burden on contractors to meet hourly benchmarks while working through a pool of unskilled new hires and potential costs to the owner if a new hire fails to meet job requirements. One commenter stated that a significant increase in Federal funding would be required to fund the increased administrative burden of the proposed rule. Other commenters stated that due to the lack of resources many PHAs have, HUD should ask for increased funding for public housing so that PHAs can sufficiently meet Section 3's intended goals. Commenters suggested HUD consider creating Section 3 technical assistance funding that can be used to build PHAs' technical knowledge and capacity. HUD Response: HUD will continue to look for ways to reduce the impact of Section 3 reporting requirements using existing reporting and compliance systems that decrease administrative burden on recipients. HUD believes the use of labor hours, rather than new hires, will reduce costs as many construction contractors already track labor hours to meet prevailing wage requirements. This practice is proposed to provide a consistent labor hour tracking mechanism Section 3 and MBE/WBE Requirements Page 93 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities that will make compliance with Section 3 easier not only for recipients of HUD assistance, but also for contractors and subcontractors. HUD anticipates a reduction in reporting and recordkeeping burdens equal to approximately 64,270 hours, or $2.4 million annually. This rule will not have any impact on the level of funding for covered HUD programs. Funding is determined independently by Congressional appropriations, authorizing statutes and regulatory formulas that set the amounts of Federal financial assistance provided by HUD grants. HUD is exploring ways to build upon ongoing Section 3 technical assistance and capacity building activities for recipients. Disaster Recovery A commenter warned that additional reporting requirements will be problematic for those managing disaster recovery and requested additional guidance for flexibility with the CDBG-DR program. Another commenter recommended HUD provide outreach and guidance on using CDBG-DR funds for job training and hiring initiatives during rebuilding efforts. HUD Response: Reporting requirements already exist for reporting Section 3 compliance for CDBG-DR program activities. The proposed Section 3 rule will change the reporting scope, such as reporting hours instead of new hires. The rule, however, does not create additional reporting requirements. Like current practice, the size of a grant award and project scope will dictate the length of time it takes to complete reporting. Technical assistance on using CDBG- DR funds for job training and hiring initiatives during rebuilding efforts, as well as other Section 3 topics, will be provided to grantees upon request and as part of the ongoing grant management process. Reporting Should Be on Projects Underway Section 3 and MBE/WBE Requirements Page 94 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities One commenter recommended CPD project reporting should be based on projects underway, not only those projects completed during the program year. The rule is unclear on how Safe Harbor is met for Section 3 projects, though Reporting §75.25 states HUD requires a compilation of data through the recipient's fiscal year. Commenter recommends Section 3 compliance be measured by combining all workers for all Section 3 projects. If percentages of Section 3 workers and Targeted Section 3 workers are met, this will show intent to comply. HUD Response: HUD believes that CPD project reporting should be based on those projects completed during a program year. HUD anticipates that CPD programs will continue to report on Section 3 through CPD's current data collection mechanism. At minimum, CPD programs are required to report annually, but many programs update status more frequently during a recipient's fiscal year. HUD intends to issue guidance on the Section 3 requirements and provide technical assistance on a program -by -program basis. Special Oversight Role of States in State Programs One commenter recommended that the proposed Section 3 rule be amended to acknowledge the special oversight role of states in State programs. The current Section 3 regulation provides guidance on this point, while the proposed rule fails to include such guidance. Any final rule should include such guidance. See 24 CFR 135.32(f) and 24 CFR 570. HUD Response: HUD supports retaining the current proposed rule's language. HUD believes the proposed language does fully address the roles and responsibilities of Section 3 recipients and provides adequate guidance to implement, monitor, and enforce Section 3 requirements. Qualitative Form One commenter recommended that HUD should provide the form for qualitative reporting required of small PHAs to allow commenters to provide informed feedback. Section 3 and MBE/WBE Requirements Page 95 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities HUD Response: HUD will provide a form for Small PHAs and others to use for qualitative reporting when an entity does not meet the benchmark. The form will be issued consistent with Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, and HUD will provide the opportunity for the public to provide comments on the form. Recordkeeping (§75.31) One commenter recommended moving § 75.31 to Subpart A where it would have general applicability to all recipients. HUD Response: Subpart A and Subpart D provisions apply across the board. The rule is structured so that Section 3's general requirements are in Subpart A. Subpart B and C only apply depending on funding source. Other detailed requirements that apply across the board, such as recordkeeping and compliance, are in Subpart D. HUD believes this structure makes sense and is consistent with other rule structures. Administrative and Compliance Costs According to one commenter, this section implies the responsibility for ensuring workers meet the defined requirements in § 75.5, such as Census tract designation and annualized wage calculations, for CDBG Section 3 projects will lie with contractors, which will therefore be costly for contractors who lack the capacity or are already burdened by paperwork. The commenter suggested it may be easier to have recipients bear this burden. In contrast, one commenter noted contractors would have to provide a personnel profile that includes, at a minimum, income, current address, address at time of hire, and YouthBuild status to establish whether an employee of a non -Section 3 business concern meets any of these criteria. Contractors and employees may balk at a request for this type of personal information, which may become public record. The additional administrative burden placed on otherwise Section 3 and MBE/WBE Requirements Page 96 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities qualified contractors may reduce contractor participation, thereby increasing costs and lessening the impact of Section 3 covered programs on their intended beneficiaries. HUD Response: HUD believes the rule will not impose additional administrative and/or compliance costs for contractors. Administrative and compliance costs associated with Section 3 requirements should be properly resourced within a contractor's bid for a project and are already required for confirming compliance with existing Section 3 requirements. Contrary to the comments, contractors do not have to provide a personnel profile or any sort of personally identifiable information. HUD has never requested this detailed information and this rule does not change that; the data is only reported in aggregate, and records are maintained for verification only. Recipients may, but are not required to, assist contractors who lack capacity to adequately implement the Section 3 requirements. Contracting Provision § 75.17 and § 75.27 Commenters urged HUD to retain standard Section 3 language to be included in contracts because the use of consistent language makes it easier for contractors to be certain of their obligations, limits the possibility of confusion for contractors working on multiple projects, and decreases administrative burden for agencies. Other commenters expressed concern about whether the Voluntary Compliance Agreement clause will continue to exist in contracts and who will enforce it. HUD Response: HUD considered commenters' requests for standard contract language; however, the contract language must be customized depending upon the contract and the program. HUD anticipates providing sample language and/or discussion of contracting best practices but determined that the recipient is in the best position to determine what contract language is appropriate in each context. Section 3 and MBE/WBE Requirements Page 97 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Multiple Funding Sources/Recordkeeping for Multiple Funding § 75.29 / § 75.31 Clear Standards and Secure Online Tool Other commenters recommended that there should be clear standards for reporting on Section 3 regardless of the funding source to reduce the possibility of errors and to eliminate the need to report in different formats. These commenters suggested that if HUD defers to localities, the agency that is the primary recipient of HUD funding should determine which option of reporting should be used by subrecipients to allow for consistency in reporting approach. These commenters also recommended that public housing financial assistance guidelines should dictate reporting requirements for PHAs administering projects with multiple funding sources. For projects that are mix -funded with PHA and other HUD funding, § 75.29(a) says that the other HUD funding stream (e.g. CDBG) may report using the PHA criteria. Commenters recommended that compliance documentation be accessible in a secure online tool or standard form which would measure new hires, hours percentages and training persons and hours. These commenters went on to suggest developing a form for contractors or subcontractors to complete to confirm workers' Section 3 eligibility, which would ease administration and will foster consistency. With respect to the self -certifications discussed in proposed § 75.31, it would be helpful if HUD were to provide a form for this purpose. HUD Response: HUD thanks the commenters for their recommendation and notes that there will be a standard set of data reporting regardless of which system is used for reporting. The same data will be collected across programs for consistency; the only difference will be how it looks when reported. Benchmarks for Section 3 Workers and Targeted Section 3 Workers Section 3 and MBE/WBE Requirements Page 98 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Many commenters supported including benchmarks for Section 3 workers and Targeted Section 3 workers. Some commenters supported HUD's initial benchmarks, as a starting point, and focus on labor hours. Additional commenters supported using both benchmarks stating that limiting the benchmark to only Targeted Section 3 workers would fail to encourage hiring of other Section 3 workers. Another commenter supported elimination of the 3% goal for non - construction contracts to be Section 3 business concerns. Other commenters supported the benchmarks with the caveat that HUD retain the new hire framework for PHAs or the tracking of the labor hours if they do not have an hour tracking system already in place. These commenters suggested evaluating the efficacy of this approach and revising as necessary if data indicates the change is not supporting sustained employment. Other commenters stated that HUD's benchmark that Targeted Section 3 workers make up 5 percent of the total number of labor hours is too low. The commenters proposed that at least 15 percent of labor hours worked be the benchmark for Targeted Section 3 workers. The commenters stated that the Section 3 statute clearly prioritizes employment for residents of public housing and other HUD -assisted housing programs. Some commenters noted that the benchmark for labor hours is too ambitious and unreasonable. Commenters cited to the fact that low-income workers are not necessarily qualified for construction jobs, even those jobs at the lower end of the construction pay scale, and finding low-income workers who are both qualified for the positions and willing to work in construction is much harder than identifying the number of potentially eligible low -wage workers. Commenters also noted that many low-income persons have childcare and transportation challenges and many contractors do not have open positions to fill by low-income persons. Section 3 and MBE/WBE Requirements Page 99 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Another comment opposed the 5% Targeted Section 3 goal, stating it was unrealistic given most PHA residents are seniors, have some form of disability, or already work. Commenters also noted that the benchmarks will be especially difficult to achieve in rural locations. One commenter opposed the two categories of Section 3 workers, noting the pool of workers is already small, and makes achievement of benchmarks challenging. While the additional categorization provides data collection value, it creates additional burden and goes beyond the statute's requirement. The commenter noted that the benchmark fails to recognize many other initiatives to assist residents to work towards long-term employment and self- sufficiency (such as Family Self -Sufficiency (FSS) programs). Commenters also noted the current benchmarks have been difficult to meet, and that the new bar would likely require that all positions engaged, rather than only new hires, go to Section 3 workers. The commenter recommends that in an environment of under -funding and over- regulating that HUD establish a modest benchmark that recognizes training and adjust upward later, if necessary. The commenter noted the current recommendation is extremely aggressive and unreasonable; and would result in few agencies meeting the mark. Additionally, it would fail to reduce reporting burdens, align regulations with standard business practices, or increase Section 3 successes. Other commenters focused on the Targeted Section 3 worker benchmark, noting that the category complicates tracking and decreases the likelihood of meeting benchmarks. The commenter suggested taking an alternate approach to tracking Targeted Section 3 workers without establishing a separate benchmark. One commenter stated that the benefits and goals of the Section 3 statute would be difficult to measure by tracking only Targeted Section 3 workers Section 3 and MBE/WBE Requirements Page 100 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities in that it would fail to represent the value of providing economic opportunities to individuals who are low-income but may live outside the immediate project area, who otherwise still qualify for Section 3 preference. Other commenters stated that for Subpart C, HUD should only measure compliance of Section 3 with overall Section 3 worker tracking and should not apply Targeted Section 3 workers metrics or benchmarks. The commenters stated support for retaining the existing 30 percent benchmark for all Section 3 new hires but that it should not be required to be disaggregated between Section 3 and Targeted Section 3 workers. The commenters stated that this approach would keep the benchmarks in line with the goals of Section 3 while providing contractors and administering agencies with the ability to tailor implementation depending on the composition of the local workforce and specific project needs. A commenter noted that they ran numbers with the new metric, along with other PHAs, and they all reported much lower percentages, in most cases half of the proposed numbers. The commenter raised a concern with employee displacement if contractors are required to meet this new ratio, which is inconsistent with the goal of Section 3 to create new jobs rather than displace existing employees or inflate project costs. The commenter noted that recipients hiring contractors instead of replacing or hiring more employees could game the system or add significant costs by hiring additional but unnecessary Section 3 workers for the project life. HUD Response: The statute requires Section 3 prioritization and this rule's goal is to ensure statutory adherence and streamlined reporting. HUD created the Targeted Section 3 worker category to include both the statutory priorities and policy priorities, for example, tracking the hiring of public housing residents where public housing assistance is involved and tracking the residents of the neighborhood or service area when other housing and community development Section 3 and MBE/WBE Requirements Page 101 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities assistance is used. Prioritization is meaningless without the categorical distinction and HUD believes that technology enables better tracking compared to at the statute's inception. As for the benchmarks, HUD will establish the benchmarks via Federal Register Notices which will allow them to change over time, as data is reported and gathered. HUD believes 5% is a reasonable estimate from the Office of Policy Development and Research (PD&R) data. Additionally, compliance can be evaluated qualitatively if the hours benchmark cannot be met. Under this rule, both measurements are permissible, and the requirements for qualitative evaluation are laid out in the rule. HUD believes this flexibility will deter any incentive to hire unnecessary Section 3 workers. Qualitative Measurement One commenter supported changes to reporting requirements and appreciated the ability to report qualitative efforts if benchmarks are not met. One commenter stated that compliance should be evaluated qualitatively rather than using hours as a benchmark. Commenters stated that the proposed certification related to prioritization of Section 3 hiring efforts would be burdensome to agencies and contractors. The commenter wrote that HUD should require agencies to certify what efforts they have implemented to achieve the goals of the Section 3 program to be considered in compliance. This approach would maintain the benefits and incentives of the program and provide HUD with a tool for accountability. HUD Response: The statute requires agencies and contractors to prioritize their hiring efforts according to the statute's terms. The rule requires funding recipients to certify that they have acted in compliance with the statute, and to report on the quantitative outcomes of their efforts relative to the benchmarks. HUD does not consider it burdensome for a recipient of HUD funding to certify that they have acted in compliance with the statute. Furthermore, compliance Section 3 and MBE/WBE Requirements Page 102 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities can be evaluated qualitatively if the hours benchmark cannot be met. Under this rule, both measurements are permissible, and the requirements for qualitative evaluation are laid out in the rule. If reporting is above the benchmark, then HUD will presume compliance with the regulatory requirements; HUD wants to see actual positive outcomes rather than just a recipient's inputs. HUD appreciates the request for additional compliance tools but believes that requiring such reporting for all agencies would be overly burdensome. Safe Harbor Commenters stated that the proposed rule is not clear on how Safe Harbor would be met for Section 3 projects. The commenters questioned what type of data collection would be used to assure accurate reporting and how to meet the percentages of Section 3 and Targeted Section 3 workers. The commenters asked whether there would be a tool to assist with this data collection. HUD Response: HUD will issue sub -regulatory guidance and provide technical assistance on a program -by -program basis to assist recipients with clearly understanding the Section 3 safe harbor parameters. Recipients will provide data regarding Section 3 and Targeted Section 3 workers through existing HUD information systems, as defined by each covered program. HUD will not impose additional data collection burdens on recipients because of the rule. Small PHAs Should Have a Separate Benchmark One commenter recommended that Safe Harbor benchmarks should be established for small PHAs and suggested HUD establish a minimum threshold of work -able and non -working residents. Another commenter stated that some smaller businesses do not usually track labor hours performed on specific projects, and it can be a struggle for them to learn how to do so. On Davis -Bacon projects, contractors are required to submit certified payroll; however, some projects may be subject to Section 3 that are not subject to Davis -Bacon and related acts. The Section 3 and MBE/WBE Requirements Page 103 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities commenter stated that requiring the tracking and reporting of labor hours could pose a significant additional burden to small contractors. HUD Response: One of HUD's goals through this rule is to ensure that employment and other economic opportunities generated by Federal financial assistance for housing and community development programs are, to the greatest extent feasible, directed toward low- and very low- income persons, particularly (though not exclusively) those who receive government assistance for housing. HUD believes that it is essential to achieving this goal that small PHAs report on their efforts to comply with Section 3 but acknowledges that small PHAs may have more difficulty achieving the quantitative benchmarks and consequently has permitted a qualitative reporting alternative for small PHAs. HUD is considering further ways to streamline and ease qualitative reporting by creating a tracking form and timing submission deadlines consistently with timeframes that PHAs and other recipients of public housing financial assistance are already using to submit documents to HUD. HUD has established that small PHAs with less than 250 public housing units will not be required to report labor hours or meet benchmarks, but instead will be permitted to submit qualitative reports on their efforts to involve residents in job -seeking and training endeavors. HUD recognizes the challenge when small PHAs have very few work- able, non -working residents that would make meeting benchmarks very difficult. Alternatives One commenter suggested limiting the benchmark to only Targeted Section 3 workers in order to provide a more streamlined approach to reporting. The commenter stated that if the benchmark is narrowed to Targeted Section 3 workers, then tracking data for Section 3 workers should not be required. Other commenters recommended removing the Targeted Section 3 worker benchmark. One commenter stated that if labor hours are tracked, the requirement Section 3 and MBE/WBE Requirements Page 104 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities should be limited to Section 3 workers in general and that the benefits of adding the Targeted Section 3 worker subcategory are not apparent enough to outweigh the complications. One commenter supported giving PHAs and entities using housing and community development assistance a choice to use either targeted Section 3 workers or Section 3 workers as their benchmark. Other commenters recommended other benchmarking alternatives. Some commenters recommended that the benchmark include a focus on Section 3 business concerns, such that 3% of all contracts are for Section 3 business concerns. One commenter stated benchmarks should ensure that local jobs are provided to local persons to reduce commute times and recommended using geographically determined numbers. The commenter noted that many factors can affect regions and a national number can skew the worker availability distribution. One commenter suggested that such regional benchmarks allow HUD to forecast how many PHAs and Section 3 projects could meet the benchmarks assuming agencies are using their "best efforts" to hire Section 3 workers and Section 3 projects are hiring and contracting with Section 3 workers and business concerns to the "greatest extent feasible." According to comments, regional benchmarks can help account for uneven distribution of potential Section 3 workers throughout the country. Geographic standards may also help address differences between union and non -union states. If HUD were to set regional standards, there should be a national level appeals process. Commenters also suggested allowing use of local adjustment factors and economic data when establishing compliance benchmarks, especially unemployment rates which affect the ability to meet benchmarks. One commenter stated the benchmark does not ensure Section 3 workers are engaged in a mix of job categories or trades, or opportunities for upward mobility; 30% of hours worked Section 3 and MBE/WBE Requirements Page 105 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities should be measured for each job category/trade and protected classes. Other commenters suggested HUD consider the type of public housing financial assistance or other variables. The commenter recommended that in addition to different types of benchmarks HUD should maintain a ceiling for these benchmarks. The commenter noted a goal of 80% of entities meeting the benchmarks would be appropriate. Other commenters stated that in order to fulfill the statutory objectives of Section 3 to direct the financial opportunities to low- and very low-income persons and recipients of housing assistance, the final rule must: (1) set benchmarks in a way that actually prioritizes HUD tenants; and (2) employ a definition of Section 3 worker and Targeted Section 3 worker that includes exclusively low-income individuals. Commenters also proposed separate benchmarks for public housing projects and non-public housing projects and provided a specific hierarchy of workers. Other commenters noted proposed benchmarks for PHAs should reflect the law's emphasis on providing opportunities for public and assisted housing recipients. Commenters suggested an alternative approach for workforce utilization setting goals for all construction and other blue-collar employment, such as landscaping and janitorial. The commenters suggested that labor hours also consider demographics, length of project, geography, and size of contractors. One commenter recommended that the determination of Section 3 compliance be measured by combining all workers for all Section 3 projects to get an overall picture of the number of low-income workers being paid with these federal dollars. If the percentages of Section 3 and Targeted Section 3 workers are met, this better shows intent to comply with the spirit of Section 3. Section 3 and MBE/WBE Requirements Page 106 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities HUD Response: HUD appreciates the suggestions and has considered multiple benchmarking options. Creating separate benchmarks would make projects with co -funding difficult; the commenter's suggestions increase both complexity and the burden of reporting. HUD believes the current benchmark is a good starting place and notes that the regulation permits adjusting the benchmarks via Federal Register publication. HUD program staff will evaluate the level of effort expended by those recipients that fail to meet the benchmark safe harbor, and thus will ensure that the statutory terms are being properly enforced. HUD is most interested in strong outcomes for Section 3 employees. In addition, HUD has no programs that align with specific regions and intends to see reporting data before making any additional distinctions, if appropriate. Compliance (§75.33) General A comment stated HUD needs to strike a balance between the limits of state and local agency resources and Section 3's goals to provide more effective resources to foster compliance. Similarly, another comment suggested HUD utilize Community Compass technical assistance funds to create best practice resources and employ contractors to provide Section 3 compliance support to those jurisdictions and PHAs without designated staff for this purpose. Another comment recommended HUD simplify the compliance requirements by establishing a "presumed eligibility" criteria for businesses or residents located in HUD -approved Neighborhood Revitalization Strategy Areas, Choice Neighborhood target areas, Promise Zones, Empowerment Zones and Enterprise Communities, Opportunity Zones and other areas defined at 24 CFR Part 570.208(a)(1)(vii). A commenter suggested states and entitlement communities be required to develop Section 3 Plans that become part of the 5-year Consolidated Plan to allow time for compliance Section 3 and MBE/WBE Requirements Page 107 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities with the labor hours percentages while requiring demonstrated improvement over time. The plan should track Section 3 performance and demonstrate labor partnerships, construction, and training programs to target and find workers and an environment that promotes Section 3 goals. HUD should describe the plan's components, including how to notify the public of opportunities for involvement in designing the plan, how and when to notify the public when Section 3 employment and bidding opportunities arise, how to inform workers of their rights, and complaint processes. Commenters recommended HUD establish ethics standards for organizations who have a fiduciary responsibility over Section 3 funds. Other commenters suggested compliance failures to adhere to Section 3 business concern criteria should be cured within two payroll periods or be terminated; terminated contractors should be banned from receiving HUD funds for 3 years from the termination date; and that persons found to have falsified their residence to qualify as a Section 3 worker should be suspended from participation for 3 years. Commenters stated HUD should: provide greater clarity on the obligations created by § 75.33(a), especially since the preceding section, §75.31, imposes highly specific recordkeeping requirements; explain whether the recordkeeping obligation in § 75.33 is a restatement of the recordkeeping obligations set forth in §75.31, or whether additional records are required to demonstrate compliance; and HUD should provide guidance on documentation and recordkeeping related to "best efforts" or "greatest extent feasible" efforts. HUD Response: This rule is intended to strike a balance and foster compliance with Section 3's goals and will result in a reporting and recordkeeping burden reduction. HUD wants to ensure employers are invested in keeping Section 3 workers employed, and that there is enough opportunity to build skills and experience so that Section 3 workers may develop self-sufficiency Section 3 and MBE/WBE Requirements Page 108 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities and compete for other jobs in the future. HUD will review Department -level strategies on how to effectively incorporate Section 3 reporting into current systems and data collection tools, including the Consolidated Plan. HUD will issue sub -regulatory guidance on reporting by program area and provide technical assistance to recipients for Section 3 compliance. HUD appreciates the suggestions and notes that there will be standardized compliance procedures across programs, and this will include ethics standards. Section 75.33 is a reaffirmation of the recordkeeping requirement set forth in § 75.31, as recipients of HUD funding will need to have the records described in § 75.31 available if HUD needs to do a compliance review of a recipient's Section 3 performance. HUD determined not to define the difference between "best efforts" or "greatest extent feasible," but rather to increase the emphasis on outcomes as a result of these efforts. Please see the "Best efforts" and "greatest extent feasible" section above. A recipient's reported results will be compared to the outcome metrics defined in the benchmark Notice. HUD program staff will evaluate the level of effort expended by those recipients that fail to meet the benchmark safe harbor, and thus will ensure that the statutory terms are being properly enforced. Complaints and Monitoring Commenters stated each HUD program should have a detailed complaint process. A commenter supported the integration of Section 3 into each program area but noted the lack of detailed complaint provisions, and suggested the final rule require each HUD program to have a detailed complaint process, with enforcement assigned to Davis -Bacon and Labor Relations (DBLR), Office of Field Policy and Management (FPM), or the Office of Fair Housing and Equal Opportunity (FHEO). Section 3 and MBE/WBE Requirements Page 109 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Commenters supported removing Section 3 enforcement from FHEO but strongly suggested HUD identify an office independent of the program offices to monitor and enforce Section 3 requirements, such as FPM, or a new Section 3 office fully funded and trained to work on Section 3. Giving responsibility for Section 3 compliance to the program that is responsible for funding that triggers Section 3 obligations is problematic because (1) HUD program staff have in the past referred to PHAs and jurisdictions, not the residents who are supposed to benefit from HUD programs, as their "constituents," (2) there is currently no process for accepting and reviewing complaints in the proposed rule, (3) significant training and resources will be required to prepare program staff to oversee Section 3 compliance since they are not currently engaged in it. HUD should require that Section 3 policies, plans, procedures, and complaints are made publicly available by both the recipient and on HUD's website. Other commenters agreed with the proposed shift of oversight from FHEO to program offices and believed this will improve oversight because program offices already monitor recipients on a day-to-day basis, thus Section 3 monitoring will become part of normal overall monitoring. Another commenter stated transferring oversight and compliance from FHEO to program offices is an appropriate change on the condition that oversight practices are standardized across program offices. Another commenter was concerned about the Section 3 complaint process for residents; HUD program areas do not have detailed provisions for residents to file complaints on the part of PHAs or jurisdictions that do not meet program requirements. At a minimum, if HUD defers to grantees to field complaints from individuals, the process should require a grantee to inform HUD of the resolution of each complaint much like CPD does with CDBG-DR complaints. Section 3 and MBE/WBE Requirements Page 110 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities A further commenter stated it is not clear how the public will make complaints if the current complaint process is removed and asked how they will know which program office to contact. Other commenters suggested the final rule require a detailed complaint process identical or similar to what is in the current rule. Further commenters expressed that HUD should keep the existing complaint process until it adopts a new one after public review and comment. Other commenters were concerned about the 958 Complaint Form's elimination and the impact on residents who will be left without protections or a process for monitoring and overseeing contractors who are violating Section 3 requirements. One commenter felt that to move the review process from FHEO to local HUD CPD would be disastrous. A commenter noted that HOME and CDBG recipients do not seem to understand the importance of Section 3 and the compliance enforcement —appropriate remedies are not in place. According to one commenter, the promise of Section 3 has not yet been realized, largely due to the fact that none of the entities responsible for its administration —HUD, state and local governments, PHAs—have been sufficiently resourced to implement, monitor, and enforce Section 3 requirements. The HUD program offices responsible for funding all are currently under-resourced and could better fulfill their obligations in monitoring and enforcing Section 3 with dedicated staff. One commenter had concerns about moving Section 3 regulations from 24 CFR part 135 under FHEO to the new part 75 under the Office of the Secretary; the commenter assumed Office of Field Policy and Management would have oversight of Section 3 under the proposed rule amendment and expressed concern over FPM's lack of capacity and technical knowledge to oversee monitoring and enforcement of Section 3. The commenter argued HUD has never seriously monitored and enforced the statute and that HUD program staff treat PHAs and Section 3 and MBE/WBE Requirements Page 111 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities jurisdictions as their constituents, not the residents who are the intended beneficiaries. Additionally, alternative procurement provisions should be created to help Section 3 business concerns compete with larger more established businesses. One commenter was concerned about different program offices providing conflicting information and hoped HUD would provide standardization and clear guidance; others suggested HUD request adequate funding to hire the necessary headquarters and field office staff to provide Section 3 technical assistance and to robustly monitor and enforce Section 3, as well as seeking adequate funding so that all jurisdictions and PHAs can hire and retain staff to serve as Section 3 coordinators and to monitor and enforce Section 3 obligations. A commenter has received conflicting guidance from different program offices, resulting in findings and fines on several occasions. HUD should provide further detail as to what standards each program office would be using to provide oversight and what procedures are in place to ensure that PHAs receive consistent oversight across offices. Further clarification is also needed as to how the responsible program office would be designated for oversight when a project uses multiple funding sources and triggers oversight from multiple program offices. A commenter recommended HUD strengthen its compliance practices to incentivize performance while recognizing legitimate constraints. The commenter also recommends stating in the rule that HUD will deduct points in relevant HUD program Notices to applicants for competitive HUD funding who have not achieved Section 3 benchmarks and allowing applicants the ability to provide justifications for failure to meet benchmarks despite good faith efforts. The commenter also recommended allowing program offices to incentivize Section 3 compliance in Section 3 and MBE/WBE Requirements Page 112 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities funding Notices but have a Department -wide entity focus on all aspect of compliance (reporting, analysis, and information technology systems). HUD Response: HUD took the concerns about the complaint process under advisement, and § 75.33(b) has been amended to include "or local HUD field office." HUD believes Section 3's objectives will be better achieved by moving Section 3 oversight into the program offices so that HUD staff who are actively engaged with recipients in their program planning and activities will bring Section 3 concerns and considerations into their routine interactions with the recipients. HUD will provide external and internal technical guidance on complaint handling and routing. The Office of Field Policy and Management (FPM) will be taking a greater role at the field level by filtering complaints to the corresponding office, rather than every HUD program office having its own complaint process. The local HUD field office is part of the FPM organizational structure, and also provides individuals with a complaint venue when the complainant does not know which program office would be responsible. There will be variation in what guidance and/or compliance looks like for each program office, but HUD will provide support to the extent it is standardized across program offices. Enforcement Commenters stated any contractor or Section 3 resident found to falsify data in order to receive benefits from HUD funded training, contracting, and employment should be immediately removed and/or barred from participation in Section 3 programs for ten years. Violations should be posted and made available to the public for review. Every PHA should have a written Section 3 Plan -Policy in place and attached to any Request for Proposals for bids. HUD Response: HUD believes that recipients should have the flexibility to determine how to implement Section 3. HUD also believes this new regulation will make such implementation Section 3 and MBE/WBE Requirements Page 113 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities easier. While the final rule does not require recipients to have Section 3 plans or policies, HUD views having them as a best practice that will aid recipients in achieving the Section 3 benchmarks. As for the concern about potential fraud, program offices will continue to monitor compliance with Section 3 requirements through evaluation of qualitative or quantitative reporting, complaint review, and program audits, if appropriate. General Comments One commenter said all policies should be expressed in "simple" terms for all stakeholders, especially residents, to understand. Commenters stated there is little point in creating policies and programs that produce only six -week or six-month jobs, or jobs that do not lead workers out of poverty. HUD recipients have difficulty in assisting residents in obtaining and maintaining any jobs, let alone high -wage jobs that will lead to careers and help residents leave poverty behind. A commenter expressed the Section 3 rule is "of great benefit to have in effect and keep up to date." Section 3 funding recipients should be mandated to actively seek employment at all times to the best of their ability and report an employment log to track job applications. One commenter indicated many of the proposed changes do not reflect the construction trade's current realities and would impose costly new obligations on PHAs without a funding source to pay for those requirements. Another commenter argued Section 3 is "just another burdensome regulation" that "doesn't produce a positive outcome." One commenter stated the proposed rule would have an adverse impact on the Section 3 participation that HUD desires, whereas others supported the proposed rule amendments. Section 3 and MBE/WBE Requirements Page 114 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities One commenter stated public housing living conditions are poor; Section 3 programs are practically non-existent in the commenter's area; and the way that public housing residents' income is calculated is problematic. A commenter stated Section 3 is one of HUD's most important responsibilities since it creates the standards for employment, training, and contracting opportunities generated from HUD financial assistance. This commenter felt a stronger Section 3 rule can lead to increased hiring and contracting opportunities; overall the proposed rule has many merits and is an improvement. Similarly, another commenter stated the potential benefits of Section 3 have never been realized; the improvements to the rule have potential to improve outcomes. According to one comment, the proposed rule amendments try to address Section 3 program implementation difficulties but still present incongruities; HUD should consider methods to enact preferences or incentives. A commenter stated it is difficult to find Section 3 employers in some jurisdictions, and some jurisdictions have no active YouthBuild program. Commenters noted most HUD households are headed by or include females, minorities, or female minorities. Section 3 regulations should be designed to give low- and very low-income people (particularly recipients of Federal housing assistance) a pathway out of poverty, and PHAs should be required to work with organizations that have a proven track record of successfully recruiting, training, and retaining women and minorities in the construction industry. A commenter recommended HUD work directly with the National Task Force on Tradeswomen's Issues. HUD Response: HUD thanks the commenters for their responses. This rule is intended to strike a balance and foster compliance with Section 3's goals and will result in a reduction of reporting and recordkeeping burdens. HUD wants to ensure employers are invested in keeping Section 3 Section 3 and MBE/WBE Requirements Page 115 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities workers employed, and that there is enough opportunity to build skills and experience so that Section 3 workers may develop self-sufficiency and compete for other jobs in the future. HUD agrees that this regulation is designed to give low- and very low-income people (particularly recipients of Federal housing assistance) a pathway out of poverty. There is no mandate in the rule for Section 3 funding recipients to constantly apply for new jobs, nor are there requirements for PHAs to work with certain organizations. Other Programs Commenters noted opportunity discrimination is unconstitutional; all citizens have a right to wealth and prosperity. States can support and invest in their cities' workforce through equity and management but should first complete a local needs assessment. One commenter referred to Perkins V (the Strengthening Career and Technical Education for the 21 st Century Act) requirements for eligible recipients to conduct a comprehensive local needs assessment every two years. One commenter suggested creating a Section 3 Score Card for public information to capture grantee compliance and ensure that contractor compliance with Section 3 requirements are considered for future employment and contracting opportunities, and improving the effectiveness of the program will enhance compliance to realistically measure targeted outcomes. A commenter recommended HUD consider developing an annual recognition program for PHAs, subrecipients, contractors, and subcontractors for excellence in Section 3 performance, rather than redesigning the tracking and reporting requirements. HUD Response: HUD thanks the commenters for their responses. HUD affirms that discrimination based on protected classes is unconstitutional. The Perkins programs noted in the comment are administered by the U.S. Department of Education and there are no requirements for eligible recipients to conduct a comprehensive local needs assessment every two years in the Section 3 and MBE/WBE Requirements Page 116 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities rule. There are no provisions to create a public Section 3 Score Card or an annual PHA recognition program at this time. Technical Fix One commenter noted in the amendment to 24 CFR §93.407(d), the proposed rule still references 24 CFR Part 35 instead of 24 CFR Part 75. The commenter recommended that HUD change the citation to reflect 24 CFR Part 75. HUD Response: Thank you for your comment, but HUD declines to change the citation. The amendment referred to is a technical amendment to the regulations unrelated to the Section 3 regulations. The cross-reference to 24 CFR part 35 is in reference to records demonstrating compliance with lead -based paint requirements, which continue to be covered by 24 CFR part 35. HUD Program Collaboration Commenters stated that funding for Section 3 coordinators, and technical assistance or written guidance on coordination with other self-sufficiency programs such as FSS would allow for Section 3 to more effectively meet its goals. One commenter opposed changes to the rule stating that HUD should not scale back its existing operations and rule. The commenter also recommended that HUD and other agencies ensure coordination with benefit planners so that people with disabilities are involved in planning neighborhoods and community opportunities for work. HUD Response: HUD appreciates the suggestion for more funding for Section 3 coordinators. HUD believes that this rule will streamline the Section 3 regulations to create additional incentives and streamline reporting requirements, thereby offsetting the need for more funding. HUD notes that by conducting in-service trainings and proactively engaging with appropriate Section 3 and MBE/WBE Requirements Page 117 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities partners in the Social Security Administration (Work Incentives Planning Assistance), Department of Labor (ETA & ODEP) and Health and Human Services (CMS, ACF & ACL) to identify best practices and model approaches, FPM will make the appropriate decisions regarding potential coordination with FSS, other self-sufficiency programs, and/or programs for people with disabilities. HUD continues to encourage PHAs and recipients of HUD funds to coordinate with other agencies and local communities to assist in hiring Section 3 workers. This rule does not change that. Moving the oversight of the rule to FPM and the program offices will not scale back HUD's role in ensuring compliance with Section 3 requirements. HUD believes that the move will actually ensure better compliance given the new location of oversight and the new tracking mechanisms. Title VI One commenter suggested the Section 3 rule should include information that Title VI of the Civil Rights Act also applies to Section 3, prohibits against discrimination, and requires language assistance. HUD Response: Title VI applies to any program or activity receiving Federal financial assistance from HUD. Section 3 is a requirement, not a program that receives HUD funding. Extend Comment Period One commenter recommended HUD extend the comment period for affordable housing developers to suggest more effective changes. HUD Response: HUD believes that the 60-day comment period provided ample opportunity for affordable housing developers and other members of the public to suggest changes to this rule. Outside the Rulemaking Scope Section 3 and MBE/WBE Requirements Page 118 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities One commenter, a stakeholder in a major metropolitan area PHA that is being monitored by a "Federal Monitor" as a result of a 958 Complaint, stated that the appointed Federal Monitor has no housing experience and that all parties involved have missed the most important purpose of Section 3, which is economic empowerment for low and very low-income persons residing in local communities for HUD invested projects. One commenter proposed defining an execution fee as a "percentage of bidder's final submitted price added by the recipient or general contractor because the contractor/ subcontractor provided no Section 3 benefit." One commenter stated concern about the lack of focus on higher level training as a vehicle for individuals to develop skills and build a better future. The commenter stated that the proposed benchmarks and guidelines provide no framework for differentiating training or skilled work classifications from general labor, so there would be no incentive for creating higher level opportunities. The commenter requested that HUD provide guidance on how to encourage this sort of activity under the new benchmarks. HUD Response: HUD thanks the commenters for their suggestions, however, these comments are outside the scope of this rulemaking. Miscellaneous Impact on Rural Areas and States Commenters stated it is difficult to comply with Section 3 requirements in rural areas. The goals of Section 3 are more feasible in densely populated urban areas. The proposed rule does not improve this circumstance. Section 3 eligible individuals cannot take advantage of Section 3 opportunities in rural areas because they are nonexistent. There are not ample conditions to facilitate Section 3 in small communities and rural areas. Rural areas have less Section 3 and MBE/WBE Requirements Page 119 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities availability of contractors and employees and there needs to be flexibility to engage people outside their service area to complete projects. One commenter noted benchmarking methodology seems strongly skewed toward large urban centers and overlooks geographically large states with relatively small rural populations, and asked HUD to make exceptions for jurisdictions with smaller and more rural populations. Some commenters noted that contractors in rural states rarely need to hire new employees because the projects are small, the contractors have limited growth potential, or the employers have tenured staff. The commenter further stated that the new hire's length of employment coincides with the project and terminates at project completion. Commenters noted Section 3 is particularly difficult for states to administer. Another commenter explained that as a state, it does not hire the contractors for the CDBG projects. The local jurisdictions do that. It has no opportunity to promote the hiring of Section 3 business concerns. The very small communities with which it works have implemented procurement policies that award contracts to the lowest responsible bidder. They will not award a contract to a higher bidder just because the bidder is a Section 3 business concern. The commenter stated that the Section 3 regulation should apply to the CDBG Entitlement program and not the Small Cities program. One commenter suggested that state CDBG recipients should have the same flexibility in reporting as small PHAs. HUD Response: HUD acknowledges that implementing Section 3 in various geographic areas presents different challenges for rural areas versus densely populated urban areas. HUD believes this has been addressed within the proposed Section 3 regulation by using a circle centered around the worksite that expands until it reaches a population of at least 5,000. HUD further acknowledges that, in particularly remote areas, the expandable circle may reach a size that may Section 3 and MBE/WBE Requirements Page 120 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities be impracticable to match those benefiting from the project with the Section 3 benchmark. If the recipient is unable to meet the Section 3 benchmark described in §75.11, it will be required to report in a form prescribed by HUD on the qualitative nature of its activities or those of its contractors and subcontractors. This will allow the recipient to explain in qualitative means why it was unable to meet the Section 3 benchmark. HUD is sympathetic to the issues raised for rural areas and will watch implementation carefully as it progresses, allowing for updates as deemed necessary. HUD will also provide sub -regulatory guidance on the submission of qualitative reports to enable smoother implementation of the requirement. Coordination with Nonprofit Organizations and other Agencies Commenters suggested HUD require PHAs and other recipients to work with organizations with a proven record of accomplishment of success in the recruitment, training, and retention of women and minorities in the construction industry and other blue-collar occupations. The Department of Labor is already working with many of these organizations and has a list of apprenticeship training and technical assistance providers to help with the recruitment of Section 3 residents, pre -apprenticeship training and ongoing support. Commenters also suggested that HUD work directly with the many tradeswomen organizations, and other nonprofits already providing construction readiness training programs (also called pre - apprenticeship training) and the National Task Force on Tradeswomen's Issues. In 2018, women made up only 3.4% of construction workers. While this figure represents progress, it demonstrates the need for HUD and its recipients to partner with tradeswomen and other organizations who have expertise in successfully getting women and minorities into the construction trades, and, more importantly, creating a real opportunity for careers in the construction industry. One commenter recommended forging closer ties with the Tribal Section 3 and MBE/WBE Requirements Page 121 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Employment Rights Offices and directing the HOME and CDBG programs to consider this approach to ensure tribal communities' benefit from HUD program projects nearby. Other commenters suggested planning grants to form or strengthen partnerships with Workforce Investment Boards or inter -agency collaborations with workforce programs within the Department of Labor. HUD Response: HUD concurs that building strong collaborations between and among several Federal, state, and local partners will aid Section 3's goals. HUD will consult with the Departments of Labor, Health and Human Services, Commerce, Small Business Administration, and other agencies as determined by the HUD Secretary to meet the Section 3 statue's mandate at 12 U.S.C. 1701u(f). HUD will also take the comments provided under consideration as it looks for ways to conduct successful outreach and technical assistance strategies for Section 3 implementation. Outreach and Training Commenters recommended that HUD facilitate the competition for Section 3 excellence among developers and contractors by developing an online database of completed Section 3 covered projects that includes the names of the developer and general contractor, the nature and size of the project, and the Section 3 employment, contracting, training and retention outcomes achieved. Commenters urged HUD to create a national database of Section 3 outcomes and to facilitate the inclusion of training and retention programs in bid materials by collecting and sharing best procurement practices. One commenter suggested HUD should explicitly require PHAs and CDBG recipients to make reasonable efforts to connect Section 3 workers and Targeted Section 3 workers with local workforce development and career and technical education training. Another commenter Section 3 and MBE/WBE Requirements Page 122 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities recommended that the rule should give emphasis to training opportunities as is emphasized in the Section 3 statute because training is a potential response for recipients who are submitting qualitative reports for failure to meet Section 3 benchmarks. One commenter stated there are no provisions in the rule regarding training. Similarly, another commenter noted the benchmark fails to recognize the statutory reference to training and employment opportunities. Likewise, commenters requested HUD clarify whether it is proposing new ways to track or report on Section 3 training. In the discussion of proposed § § 75.15 and 75.25, HUD states that one of the qualitative measures a locality could use is paying for apprenticeship programs and/or offsite job training. One commenter welcomes any opportunity to expand these programs and recommends that HUD make job training an economic development activity instead of public service under the CDBG regulations. Alternatively, HUD could consider raising the public service cap for CDBG funds in order to accommodate additional job training programs. A commenter recommended HUD provide outreach on training, employment and asset building programs to HUD assisted residents, including Family Self Sufficiency, Jobs Plus, and the Resident Opportunity and Self -Sufficiency programs. HUD should create resource guides on how CDBG has been used to support effective job training programs. A commenter suggested HUD should design a Section 3 worker's rights poster with input from HOME and CDBG grantees. Commenters noted changes to Section 3 reporting and tracking requirements may require additional resources for administering agencies, particularly PHAs in receipt of public housing assistance funds. HUD funding for the implementation of an IT system to enhance the current system and integrate with contractors would be particularly welcome to ease Section 3 monitoring and reporting for all parties. Having dedicated funding for the overall program, Section 3 and MBE/WBE Requirements Page 123 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities including support for resident training, IT system enhancements, and other related measures, would help to further Section 3 goals while limiting potential administrative burdens. One commenter stated PHAs noted they are most successful in helping residents find employment when they can offer employment services and trainings to help them gain the skills necessary to access jobs. However, additional funding is needed for programs like Family Self Sufficiency, Resident Opportunities and Self -Sufficiency, Jobs -Plus Initiative, and the Public Housing Operating Fund. One commenter recommended that HUD provide recipients the addresses of all public housing, PBRA projects, and Housing Choice Voucher projects by counties to assist in matching workers' addresses and automatically designating them as Section 3 workers; that HUD assist Section 3 workers in housing assistance; that Section 3 workers receive a living wage; that HUD help provide life skills such as budget counseling; and that HUD be proactive in supporting and developing (in conjunction with the Department of Labor) apprenticeship and other training programs for assisted housing residents and other low-income people. One commenter recommended that HUD incentivize widespread replication of successful mentorship programs; create regional programs patterned after successful mentorship programs that smaller PHAs can access cooperatively; ensure the program allows for a tiered approach that allows Section 3 contractors to gain vital experience on smaller projects then graduate up to increased responsibility; and ensure that the Section 3 program continues to allow PHAs to use Section 3 contractors to complete work at all levels, including very small projects. One commenter suggested HUD request that the President's Budget include adequate funding to enable HUD to hire the necessary headquarters and field office staff to provide Section 3 technical assistance and to robustly monitor and enforce Section 3. Also, the President's Budget Section 3 and MBE/WBE Requirements Page 124 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities should seek adequate funding so that all jurisdictions and PHAs can hire and retain staff to serve as Section 3 coordinators and to monitor and enforce Section 3 obligations. HUD Response: HUD thanks the commenters for their suggestions; as HUD updates its systems, HUD will take the suggestions under advisement. HUD encourages CDBG recipients to collaborate with local workforce development boards and training providers to create effective connections between them and Section 3 and Targeted Section 3 workers. HUD will also provide sub -regulatory guidance and technical assistance promoting career and technical education training. HUD believes tracking labor hours provides a picture as to the success of providing job opportunities with HUD financial assistance, but as noted in the proposed rule the qualitative reporting will consider training. Reporting entities may consider training to help meet its employment goals and provide such information if goals are not met and entities are required to respond qualitatively. HUD will not provide a separate funding source; however, HUD will build on this final rule by providing technical assistance guidance for all HUD Section 3 programs. HUD will consider such guidance in creating materials for use by grantees. PHAs should already be tracking labor hours for Davis -Bacon or wage requirements and should not be doing anything more than what they did before to verify Section 3 workers as new hires. This rule just lays out the process for such verification. Once a PHA determines a Section 3 worker or Targeted Section 3 worker is hired or currently employed, the PHA would just report those hours as the numerator over the total labor hours funded with Operating and Capital Funds as the denominator. HUD appreciates the input on ways HUD can help residents and is continuing to look at ways to make programs like Family Self Sufficiency, Resident Opportunities and Self - Sufficiency, Jobs -Plus Initiative more effective. HUD will be sure to consider those Section 3 and MBE/WBE Requirements Page 125 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities recommendations in future rulemaking. Section 3, however, is focused on how to provide job opportunities created by HUD federal financial assistance and does not have funding directly associated with it that can be used for those programs. Reporting entities may consider training to help meet their employment goals and provide such information if goals are not met and entities are required to respond qualitatively. HUD does not think it is appropriate to provide access to a list of all public housing, PBRA projects and Housing Choice Voucher residents to the public; such data sharing would implicate privacy concerns. Additionally, the PHA would have that information for seeking to hire such persons as Targeted Section 3 workers for public housing assistance. HUD appreciates the suggestions and will consider them in providing guidance and technical assistance by both FPM and the program offices. HUD believes that there will be adequate funding for Section 3 technical assistance and monitoring in FPM. The FY2020 President's Budget Request Congressional Justification specifically requested: "$51.5 million to support 334 FTEs, consistent with the estimated 2019 Annualized CR level. Resources will support ongoing community engagement, monitoring and technical assistance pertaining to Section 3, compliance with the Davis -Bacon and Related Acts, enhancement of the overall customer experience and disaster recovery responsiveness at the state and local levels for clients and customers."6 Federal financial assistance recipients should make their own determinations about staffing levels necessary to implement the assistance received. Rental Assistance Demonstration (RAD) 6 HUD's FY2020 Congressional Justification for President's Budget, https://www.hud.gov/sites/dfiles/CFO/documents/2020HUDCongressionaIJustifications4-2-19.pdf Section 3 and MBE/WBE Requirements Page 126 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Commenters recommended the RAD Notice should be amended to indicate that Section 3 obligations be extended post -conversion to PBV because currently Section 3 no longer applies unless additional Federal financial assistance is later used for rehabilitation. Commenters also asked for further clarification regarding RAD conversion applicability during and after construction. Eliminating RAD projects from Section 3 applicability will reduce contract awards that can provide opportunities to Section 3 residents. HUD should revise the rule to expand the definition of Targeted Section 3 worker to cover RAD and other HUD assisted tenants, and should require owners and managers of RAD-converted projects to hire, train, and contract with Section 3 residents to the greatest extent feasible in their own operations. HUD Response: The Section 3 statute does not apply to properties that are recipients of Section 8 rental assistance unless they are recipients of other Federal funding covered by the Section 3 statute. A RAD transaction is a conversion at a moment in time and, subsequent to the conversion, the property is governed by the Section 8 requirements. HUD has administratively applied Section 3 during the RAD-related construction period even though not required by the RAD statute or the Section 3 statute. See RAD Notice Revision 4 and RAD program documents.? HUD has declined to extend Section 3 to the Section 8 portfolio, as that would be a significant expansion of the Section 3 statute's parameters. HUD has defined "Targeted Section 3 workers" to include residents of public housing and Section 8 housing, which means that HUD funding recipients must report on hiring of these types of HUD -assisted tenants, which includes tenants of RAD-converted Section 8 properties. 7 Rental Assistance Demonstration — Final Implementation, Revision 4 Notice H-2019-09 PIH-2019-23 (HA), issued September 5, 2019. Section 3 and MBE/WBE Requirements Page 127 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Notice of Funding Availability (NOFA) One commenter wrote in support of the NOFA certification's removal. Several commenters supported the current requirement that NOFA applicants submit a certification of intent to comply with Section 3 requirements along with a statement of their proposed Section 3 activities. Commenters noted that performance among PHAs, developers, and contractors varies greatly when it comes to meeting Section 3 requirements. One commenter gave an example where a contractor might merely hold a job fair and interview any qualified Section 3 residents who apply, while another might make Section 3 hiring a condition of all major subcontract awards, contract with a community organization to conduct outreach and referral services, establish a pre -construction and/or on-the-job training program, provide job coaching and other supports, and retain Section 3 workers after completion of the Section 3 project. Commenters went on to state that using a bidder's past Section 3 performance and the quality of their proposed Section 3 plan can have a profound effect on the quality of economic opportunities provided to Section 3 residents. HUD Response: HUD decided to continue with the change in the proposed rule and to omit specific requirements for Notices of Funding Availability (NOFA) in the final rule; however, the final rule will require that all NOFAs issued by HUD that announce the availability of funding covered by section 75.3 will include notice that part 75 is applicable to the funding and may include, as appropriate for specific NOFAs, points or bonus points for Section 3 plans. Where Section 3 is applicable, the inclusion of specific requirements in the regulation regarding the NOFA does not change the recipient's obligation to have a compliant Section 3 implementation strategy. Similarly, where Section 3 is not applicable, the regulatory language would not apply. The presence or absence of the NOFA clause in the regulation has no effect on applicability of Section 3 and MBE/WBE Requirements Page 128 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Section 3. HUD anticipates that program offices will include scoring for Section 3 plans where relevant and exclude Section 3 scoring where the nature of the grant being awarded is incompatible with Section 3 endeavors (such as funding for sweat -equity homeownership initiatives). HUD is in the process of developing improved databases to inform program offices, funding recipients, and the public -at -large regarding Section 3-covered projects and the outcomes achieved. HUD hopes that these databases, plus anticipated technical assistance to disseminate information regarding Section 3 best practices, will provide a foundation for more impactful implementation of Section 3 over time. Professional Services Exclusion Commenters stated HUD should retain the 3% benchmark for professional services contracts, as it is not uncommon for professional services companies to meet the qualifications of a Section 3 business concern. It helps businesses who employ workers who were low-income when they were hires or businesses who were started by low-income or public housing residents that have grown professionally to provide employment opportunities to other low-income people. Other commenters noted excluding professional services positions —typically higher paying, higher career growth would effectively limit Section 3 workers to construction services, diminishing the potential positive impact of the statute. Ultimately, it will not provide HUD with adequate data on positive or negative impacts of Section 3's intended goals. The intended goal of the Section 3 statute is to positively impact the lives of HUD assisted residents through meaningful job placement and training that will ultimately lead to greater self-sufficiency. The current rule includes a goal of 30% of new hires in management and administrative jobs, technical, professional, building trades, and non -construction jobs and all levels. Professional service jobs include accounting, legal services, financial consulting, architectural and Section 3 and MBE/WBE Requirements Page 129 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities engineering services. The proposed rule indicates that professional services will be excluded from benchmarking requirements, but HUD will allow voluntary reporting of these workers. A commenter suggested maintaining the current rule's requirement of reporting on professional services but moving to total labor hours worked in both construction and non -construction services, and better tracking this data through streamlined reporting systems. Other commenters supported excluding professional services from benchmarking requirements while allowing voluntary reporting of such workers; excluding certain types of contracts such as material and supply, and professional service; and excluding professional services from covered activities and suggested adding a benchmark for training activities. One commenter noted it experienced the same challenges as other HUD partners in meeting Section 3 goals when working with professional service vendors. However, the commenter noticed that in some cases vendors can carve out small segments of highly skilled work or training for low- income residents (e.g., providing an internship or hiring a recent graduate to perform a small scope of work.) While the rule allows voluntary participation of professional service vendors, commenter suggests that HUD give discretion to recipients to mandate Section 3 participation by these partners, without necessarily holding them to specific benchmarks like contractors. HUD Response: HUD acknowledges that there are occasions when employers can create opportunities for Section 3 employment in the professional services context, and HUD lauds these efforts. At the same time, data indicate that there are relatively few such opportunities for Section 3 hiring in professional services fields such as legal services and civil engineering. Many of the positions within these professional services fields require specialized degrees and in many cases the hiring is not directly tracked to a specific Federally funded project or activity. To ensure that the carve -out for professional services is relatively narrow, however, HUD has Section 3 and MBE/WBE Requirements Page 130 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities revised the definition of professional services. While keeping the modified exclusion for professional services in the final rule, HUD notes that the reporting structure in the proposed rule allows a recipient to count as Section 3 labor hours and as Targeted Section 3 labor hours any work performed by a Section 3 worker or a Targeted Section 3 worker (i.e., in the numerator of the calculation), even when the professional services as a whole are not counted in the baseline reporting (i.e., in the denominator of the calculation). The effect of this reporting structure is to give a recipient a bonus if they are able to report Section 3 hours in the professional services context. As referenced in the comments, vendors can sometimes create opportunities in the professional services context, and HUD seeks to reward this behavior. In addition, recipients are provided significant discretion in how they seek to implement their Section 3 obligations. A recipient could elect to require, at the local level, additional Section 3 obligations with respect to professional services through the terms of the funding contract. V. Findings and Certifications Regulatory Review — Executive Orders 12866 and 13563 Under Executive Order 12866 (Regulatory Planning and Review), a determination must be made whether a regulatory action is significant and, therefore, subject to review by the Office of Management and Budget (OMB) in accordance with the requirements of the order. Executive Order 13563 (Improving Regulations and Regulatory Review) directs executive agencies to analyze regulations that are "outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned." Executive Order 13563 also directs that, where relevant, feasible, and consistent with regulatory objectives, and to the extent permitted by law, agencies are to identify and consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public. Section 3 and MBE/WBE Requirements Page 131 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities This rule was determined to be a "significant regulatory action" as defined in Section 3(f) of the order (although not an economically significant regulatory action under the order). Consistent with Executive Order 13563, this rule creates new part 75 regulations that would replace the part 135 regulations, with the intention to make compliance with Section 3 more effective and less burdensome, and therefore, help to contribute to job creation for low- and very low-income persons. HUD has prepared a Regulatory Impact Analysis (RIA) that addresses the rule's costs and benefits. HUD's RIA is part of the docket file for this rule. The docket file is available for public inspection in the Regulations Division, Office of the General Counsel, Room 10276, 451 7th Street, SW, Washington, DC 20410-0500. Due to security measures at the HUD Headquarters building, please schedule an appointment to review the docket file by calling the Regulations Division at 202-402-3055 (this is not a toll -free number). Individuals with speech or hearing impairments may access this number via TTY by calling the Federal Relay Service at toll -free 800-877-8339. Environmental Impact The final rule does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern or regulate, real property acquisition, disposition, leasing, rehabilitation, alteration, demolition, or new construction, or establish, revise, or provide for standards for construction or construction materials, manufactured housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) (UMRA) establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, Section 3 and MBE/WBE Requirements Page 132 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities and tribal governments and on the private sector. This proposed rule does not impose a Federal mandate on any state, local, or tribal government, or on the private sector, within the meaning of UMRA. Re�!ulatory Flexibilitv Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. As has been discussed in this preamble, this rule updates HUD's Section 3 regulations and replace them with a new 24 CFR part 75, for which the objective is to increase employment opportunities for low- and very low-income persons and businesses that are owned by or employ such persons. These entities generally are small and therefore strengthening the requirements of Section 3 should benefit small businesses that are Section 3 business concerns. This rule also considers the burden on small public housing agencies (PHAs), defined in this rule as a PHA that manages or operates fewer than 250 public housing units, and reduces the burden on them through a new streamlined reporting process that would not require them to report labor hours or new hires. There are approximately 2,950 PHAs, of which approximately 2,250 are small. As more fully discussed in the accompanying RIA, the number of economic opportunities generated for Section 3 residents and businesses will not increase to the degree that this rule would have a significant economic impact on a substantial number of small entities. In addition, for those small entities that must comply with this rule, the changes made by this proposed rule are designed to reduce burden on them, as well as all recipients. The current recordkeeping and reporting requirements for Section 3 is 90,180 hours with a cost of $1,817,000. HUD estimated Section 3 and MBE/WBE Requirements Page 133 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities that this new rule will reduce the number of hours by 68 percent to 25,910 hours. The biggest reduction will be for small PHAs that will no longer need to do quantitative analysis with a total estimated time saving of 12,375 hours with a cost of $281,036, or approximately $125 for small PHAs. HUD also anticipates an across the board savings in recordkeeping given the time savings resulting from less time reporting new hires as a separate metric. For these reasons, HUD has determined that this rule would not have a significant economic impact on a substantial number of small entities. Executive Order 13132, Federalism Executive Order 13132 (entitled "Federalism") prohibits an agency from publishing any rule that has federalism implications if the rule either: (1) imposes substantial direct compliance costs on State and local governments and is not required by statute, or (2) preempts State law, unless the agency meets the consultation and funding requirements of Section 6 of the Executive Order. This final rule does not have federalism implications and does not impose substantial direct compliance costs on State and local governments nor preempt state law within the meaning of the Executive Order. Paperwork Reduction Act Currently, 24 CFR part 135 requires that all recipients track and report Section 3 information to HUD, includes prescriptive contractual language, requires compliance by contractors of the Section 3 requirements, contains reporting and recordkeeping requirements, and provides for the filing of Section 3 complaints. SPEARS is the main site in which HUD captures the number of Section 3 residents hired and the number of contracts awarded to Section 3 business concerns. The existing information collection requirement for these requirements has Section 3 and MBE/WBE Requirements Page 134 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2529-0043. The rule would change the existing reporting requirement to decrease qualitatively those who need to report, excluding small PHAs and recipients of Section 3 projects under the $200,000 threshold, and require reporting only once a year by recipients of completed projects. HUD provides in § § 75.15 and 75.25 that recipients would be required to submit reports to HUD annually either in a qualitative form or quantitative form. HUD includes all the large PHAs in the § 75.15(a) reporting number for reporting on the Section 3 benchmarks and estimates 2 hours to track and report annually given the amount of funds handled by these PHAs. HUD also estimates that a PHA will employ approximately seven contractors or subcontractors each fiscal year that would need to track and report up to the PHA, each at one-half an hour for reporting time. Lastly, HUD estimates that 5 percent of the 700 large PHAs may fail the Section 3 benchmarks and would need to report on their qualitative efforts along with the 2,250 small PHAs and estimates that such reporting would take one-half an hour. As for § 75.25(a), HUD estimates that 66 percent of most program recipients would complete projects in a fiscal year that need to be reported except that for the HOME program, HUD estimates that 90 percent of HOME recipients would complete projects in a fiscal year, at an estimate of 3,600 recipients. Given these projects are more diverse in size, HUD estimates that the average time to report on the Section 3 benchmarks for recipients would be 1 hour. HUD also estimates that a Section 3 project will engage approximately five contractors or subcontractors each fiscal year that would also need to track and report up to the Section 3 project recipient, each at one-half an hour for reporting time. Lastly, HUD estimates that 5 Section 3 and MBE/WBE Requirements Page 135 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities percent of the 3,600 recipients may fail the Section 3 benchmarks and would need to report on their qualitative efforts and estimates that such reporting would take one-half an hour. HUD also notes that the rule no longer requires the inclusion of prescriptive contractual language. See §§ 75.17 and 75.27. HUD believes that this change will result in a de minimis upfront burden related to updating contracts, if recipients, subrecipients, and contractors chose to do so, but that removing the requirement will actually reduce burden on recipients, subrecipients, and contractors on a sustained basis by giving them flexibility to use alternative or existing contractual language. HUD also provides for recordkeeping requirements at § 75.31 and believes that the maintaining of records by recipients will take a recipient approximately 2 hours. However, HUD notes that some programs, such as HOME, already have recordkeeping requirements that are part of existing approved Information Collection Requests and, thus, excludes those programs from the burden matrix. Lastly, HUD maintains the option for individuals to file complaints and retains the frequency number that was in the existing Section 3 reporting burden. In accordance with the Paperwork Reduction Act, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless the collection displays a currently valid OMB control number. The current recordkeeping requirements for Section 3 is 90,180 hours with a cost of $1,817,000. HUD estimates that this new rule will reduce the number of hours by 68 percent to 25,910 hours for a total cost savings of approximately $1.2 million. The overall reporting and recordkeeping burden is estimated as follows: Information Number of Frequency Burden Annual Hourly Annual Collection Respondents of Response Hour Per Burden Cost Per Cost per Annum Response Hours Response Section 3 and MBE/WBE Requirements Page 136 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities § 75.15(a) Labor Hour or New Hire 700 1 2 1,400 $22.71 $31,794.00 Reporting for PHA § 75.15(a) Labor Hour or New Hire Reporting for 4,900 1 0.5 2,450 $22.71 $55,639.50 Contractors or Subcontractors of PHAs § 75.15(b)-(d) Qualitative Reporting for 2,300 1 0.5 1,150 $22.71 $26,116.50 PHAs § 75.25(a) Labor Hour Reporting for 3,600 1 1 3,600 $22.71 $81,756.00 Section 3 Projects § 75.25(a) Labor Hour Reporting for Contractors and 10,800 1 0.5 5,400 $22.71 $122,634.00 Subcontractors on Section 3 Projects § 75.25(b) Qualitative 180 1 0.5 90 $22.71 $2,043.90 Reporting for Section 3 Projects § 75.31 Recordkeeping 5,900 1 2 11,800 $22.71 $267,978.00 § 75.33 Complaints 20 1 1 20 $10.00 $200.00 Total 25,910 $588,161.90 HUD will update the appropriate OMB control number 2529-0043 to reflect this reduction in burden. Congressional Review of Final Rules The Office of Information and Regulatory Affairs has determined that this final rule is not a major rule, as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking pursuant to the Congressional Review Act, Public Law 104-121, sec. 251, 110 Stat. Section 3 and MBE/WBE Requirements Page 137 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities 868, 873 (codified at 5 U.S.C. 804). This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based companies to compete with foreign -based companies in domestic and export markets. List of Subjects 24 CFR Part 5 Administrative practice and procedure, Aged, Claims, Crime, Government contracts, Grant programs -housing and community development, Individuals with disabilities, Intergovernmental relations, Loan programs -housing and community development, Low- and moderate -income housing, Mortgage insurance, Penalties, Pets, Public housing, Rent subsidies, Reporting and recordkeeping requirements, Social security, Unemployment compensation, Wages. 24 CFR Part 14 Claims, Equal access to justice, Lawyers, Reporting and recordkeeping requirements. 24 CFR Part 75 Administrative practice and procedure, Community development, Government contracts, Grant programs --housing and community development, Housing, Loan programs --housing and community development, Reporting and recordkeeping requirements, Small businesses. 24 CFR Part 91 Aged, Grant programs -housing and community development, Homeless, Individuals with disabilities, Low- and moderate -income housing, Reporting and recordkeeping requirements. 24 CFR Part 92 Section 3 and MBE/WBE Requirements Page 138 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Administrative practice and procedure, Low- and moderate -income housing, Manufactured homes, Rent subsidies, Reporting and recordkeeping requirements. 24 CFR Part 93 Administrative practice and procedure, Grant programs -housing and community development, Low- and moderate -income housing, Manufactured homes, Rent subsidies, Reporting and recordkeeping requirements. 24 CFR Part 135 Administrative practice and procedure, Community development, Equal employment opportunity, Government contracts, Grant programs --housing and community development, Housing, Loan programs --housing and community development, Reporting and recordkeeping requirements, Small businesses. 24 CFR Part 266 Intergovernmental relations, Low- and moderate -income housing, Mortgage insurance, Reporting and recordkeeping requirements. 24 CFR Part 570 Administrative practice and procedure, American Samoa, Community development block grants, Grant programs -education, Grant programs -housing and community development, Guam, Indians, Loan programs -housing and community development, Low- and moderate -income housing, Northern Mariana Islands, Pacific Islands Trust Territory, Puerto Rico, Reporting and recordkeeping requirements, Student aid, Virgin Islands. 24 CFR Part 576 Community facilities, Grant programs -housing and community development, Grant programs -social programs, Homeless, Reporting and recordkeeping requirements. Section 3 and MBE/WBE Requirements Page 139 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities 24 CFR Part 578 Community development, Community facilities, Grant programs -housing and community development, Grant programs -social programs, Homeless, Reporting and recordkeeping requirements. 24 CFR Part 905 Grant programs -housing and community development, Public housing, Reporting and recordkeeping requirements. 24 CFR Part 964 Grant programs -housing and community development, Public housing, Reporting and recordkeeping requirements. 24 CFR Part 983 Grant programs -housing and community development, Low- and moderate -income housing, Rent subsidies, Reporting and recordkeeping requirements. 24 CFR Part 1000 Aged, Community development block grants, Grant programs -housing and community development, Grant programs -Indians, Indians, Individuals with disabilities, Public housing, Reporting and recordkeeping requirements. Accordingly, for the reasons described in the preamble, under the authority 12 U.S.C. 1701u; 42 U.S.C. 3535(d), HUD amends 24 CFR parts 5, 14, 75, 91, 92, 93, 135, 266, 570, 576, 578, 905, 964, 983, and 1000 as follows: PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS The authority for part 5 is revised to read as follows: Section 3 and MBE/WBE Requirements Page 140 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Authority: 12 U.S.C. 170lu and 1701x; 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d); Sec. 327, Pub. L. 109-115, 119 Stat. 2936; Sec. 607, Pub. L. 109-115, 119 Stat. 3051 (42 U.S.C. 14043e et seq.); E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 258; and E.O. 13559, 75 FR 71319, 3 CFR 2010 Comp., p. 273. § 5.105 [Amended] 2. Amend § 5.105(a) by removing "; section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR part 135." PART 14—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN ADMINISTRATIVE PROCEEDINGS 3. The authority for part 14 continues to read as follows: Authority: 5 U.S.C. 504(c)(1); 42 U.S.C. 3535(d). § 14.115 [Amended] 4. Amend § 14.115 by removing and reserving paragraph (a)(5). 5. Add part 75 to read as follows: PART 75—ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS Subpart A —General Provisions Section 3 and MBE/WBE Requirements Page 141 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Sec. 75.1 Purpose. 75.3 Applicability. 75.5 Definitions. 75.7 Requirements applicable to HUD NOFAs for Section 3 covered programs. Subpart B—Additional Provisions for Public Housing Financial Assistance 75.9 Requirements. 75.11 Targeted Section 3 worker for public housing financial assistance. 75.13 Section 3 safe harbor. 75.15 Reporting. 75.17 Contract provisions. Subpart C—Additional Provisions for Housing and Community Development Financial Assistance 75.19 Requirements. 75.21 Targeted Section 3 worker for housing and community development financial assistance. 75.23 Section 3 safe harbor. 75.25 Reporting 75.27 Contract provisions. Subpart D—Provisions for Multiple Funding Sources, Recordkeeping and Compliance 75.29 Multiple funding sources. 75.31 Recordkeeping. 75.33 Compliance. Authority: 12 U.S.C. 1701u; 42 U.S.C. 3535(d). Subpart A —General Provisions § 75.1 Purpose. This part establishes the requirements to be followed to ensure the objectives of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) are met. The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent. Section 3 and MBE/WBE Requirements Page 142 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities § 75.3 Applicability. (a) General applicability. Section 3 applies to public housing financial assistance and Section 3 projects, as follows: (1) Public housing financial assistance. Public housing financial assistance means: (i) Development assistance provided pursuant to section 5 of the United States Housing Act of 1937 (the 1937 Act); Act; (ii) Operations and management assistance provided pursuant to section 9(e) of the 1937 (iii) Development, modernization, and management assistance provided pursuant to section 9(d) of the 1937 Act; and (iv) The entirety of a mixed -finance development project as described in 24 CFR 905.604, regardless of whether the project is fully or partially assisted with public housing financial assistance as defined in paragraphs (a)(1)(i) through (iii) of this section. (2) Section 3 projects. (i) Section 3 projects means housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 or 1701z-2), the Lead -Based Paint Poisoning Prevention Act (42 U.S.0 4801 et seq.); and the Residential Lead - Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.). The project is the site or Section 3 and MBE/WBE Requirements Page 143 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing. (ii) The Secretary must update the thresholds provided in paragraph (a)(2)(i) of this section not less than once every 5 years based on a national construction cost inflation factor through Federal Register notice not subject to public comment. When the Secretary finds it is warranted to ensure compliance with Section 3, the Secretary may adjust, regardless of the national construction cost factor, such thresholds through Federal Register notice, subject to public comment. (iii) The requirements in this part apply to an entire Section 3 project, regardless of whether the project is fully or partially assisted under HUD programs that provide housing and community development financial assistance. (b) Contracts for materials. Section 3 requirements do not apply to material supply contracts. (c) Indian and Tribal preferences. Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American Housing Assistance and Self -Determination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of this part. (d) Other HUD assistance and other Federal assistance. Recipients that are not subject to Section 3 are encouraged to consider ways to support the purpose of Section 3. � 75.5 Definitions. Section 3 and MBE/WBE Requirements Page 144 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities The terms HUD, Public housing, and Public Housing Aaencv (PHA) are defined in 24 CFR part 5. The following definitions also apply to this part: 1937 Act means the United States Housing Act of 1937, 42 U.S.C. 1437 et seq. Contractor means any entity entering into a contract with: (1) A recipient to perform work in connection with the expenditure of public housing financial assistance or for work in connection with a Section 3 project; or (2) A subrecipient for work in connection with a Section 3 project. Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed with funds that include public housing financial assistance. Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act. Material supply contracts means contracts for the purchase of products and materials, including, but not limited to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies. Professional services means non -construction services that require an advanced degree or professional licensing, including, but not limited to, contracts for legal services, financial consulting, accounting services, environmental assessment, architectural services, and civil engineering services. Section 3 and MBE/WBE Requirements Page 145 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Public housing financial assistance means assistance as defined in § 75.3(a)(1). Public housing project is defined in 24 CFR 905.108. Recipient means any entity that receives directly from HUD public housing financial assistance or housing and community development assistance that funds Section 3 projects, including, but not limited to, any State, local government, instrumentality, PHA, or other public agency, public or private nonprofit organization. Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u). Section 3 business concern means: (1) A business concern meeting at least one of the following criteria, documented within the last six-month period: (i) It is at least 51 percent owned and controlled by low- or very low-income persons; (ii) Over 75 percent of the labor hours performed for the business over the prior three- month period are performed by Section 3 workers; or (iii) It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing. (2) The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees. Section 3 and MBE/WBE Requirements Page 146 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (3) Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract. Section 3 project means a project defined in § 75.3(a)(2). Section 3 worker means: (1) Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented: (i) The worker's income for the previous or annualized calendar year is below the income limit established by HUD. (ii) The worker is employed by a Section 3 business concern. (iii) The worker is a YouthBuild participant. (2) The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction. (3) Nothing in this part shall be construed to require the employment of someone who meets this definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled. Section 8-assisted housing refers to housing receiving project -based rental assistance or tenant -based assistance under Section 8 of the 1937 Act. Section 3 and MBE/WBE Requirements Page 147 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Service area or the neighborhood of the project means an area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census. Small PHA means a public housing authority that manages or operates fewer than 250 public housing units. Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor's obligation to perform work in connection with the expenditure of public housing financial assistance or for a Section 3 project. 200.93. Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR Targeted Section 3 worker has the meanings provided in §§ 75.11, 75.21, or 75.29, and does not exclude an individual that has a prior arrest or conviction. Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 Act. YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3226). Section 3 and MBE/WBE Requirements Page 148 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities 75.7 Requirements applicable to HUD NOFAs for Section 3 covered programs. All notices of funding availability (NOFAs) issued by HUD that announce the availability of funding covered by § 75.3 will include notice that this part is applicable to the funding and may include, as appropriate for the specific NOFA, points or bonus points for the quality of Section 3 plans. Subpart B—Additional Provisions for Public Housing Financial Assistance 75.9 Requirements. (a) Employment and training. (1) Consistent with existing Federal, state, and local laws and regulations, PHAs or other recipients receiving public housing financial assistance, and their contractors and subcontractors, must make their best efforts to provide employment and training opportunities generated by the public housing financial assistance to Section 3 workers. (2) PHAs or other recipients, and their contractors and subcontractors, must make their best efforts described in paragraph (a)(1) of this section in the following order of priority: (i) To residents of the public housing projects for which the public housing financial assistance is expended; (ii) To residents of other public housing projects managed by the PHA that is providing the assistance or for residents of Section 8-assisted housing managed by the PHA; (iii) To participants in YouthBuild programs; and (iv) To low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the assistance is expended. Section 3 and MBE/WBE Requirements Page 149 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (b) Contracting. (1) Consistent with existing Federal, state, and local laws and regulations, PHAs and other recipients of public housing financial assistance, and their contractors and subcontractors, must make their best efforts to award contracts and subcontracts to business concerns that provide economic opportunities to Section 3 workers. (2) PHAs and other recipients, and their contractors and subcontractors, must make their best efforts described in paragraph (b)(1) of this section in the following order of priority: (i) To Section 3 business concerns that provide economic opportunities for residents of the public housing projects for which the assistance is provided; (ii) To Section 3 business concerns that provide economic opportunities for residents of other public housing projects or Section-8 assisted housing managed by the PHA that is providing the assistance; (iii) To YouthBuild programs; and (iv) To Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the assistance is provided. & 75.11 Targeted Section 3 worker for public housing financial assistance. (a) Targeted Section 3 worker. A Targeted Section 3 worker for public housing financial assistance means a Section 3 worker who is: (1) A worker employed by a Section 3 business concern; or (2) A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years: (i) A resident of public housing or Section 8-assisted housing; Section 3 and MBE/WBE Requirements Page 150 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (ii) A resident of other public housing projects or Section 8-assisted housing managed by the PHA that is providing the assistance; or (iii) A YouthBuild participant. (b) [Reserved] 75.13 Section 3 safe harbor. (a) General. PHAs and other recipients will be considered to have complied with requirements in this part, in the absence of evidence to the contrary, if they: (1) Certify that they have followed the prioritization of effort in § 75.9; and (2) Meet or exceed the applicable Section 3 benchmarks as described in paragraph (b) of this section. (b) Establishing benchmarks. (1) HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or both through a document published in the Federal Register. HUD may establish a single nationwide benchmark for Section 3 workers and a single nationwide benchmark for Targeted Section 3 workers, or may establish multiple benchmarks based on geography, the type of public housing financial assistance, or other variables. HUD will update the benchmarks through a document published in the Federal Register, subject to public comment, not less frequently than once every 3 years. Such notice shall include aggregate data on labor hours and the proportion of PHAs and other recipients meeting benchmarks, as well as other metrics reported pursuant to § 75.15 as deemed appropriate by HUD, for the 3 most recent reporting years. Section 3 and MBE/WBE Requirements Page 151 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (2) In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours worked by specific categories of workers or in different localities or regions; averages for labor hours worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks, HUD will exclude professional services from the total number of labor hours as such hours are excluded from the total number of labor hours to be reported per § 75.15(a)(4). (3) Section 3 benchmarks will consist of the following two ratios: (i) The number of labor hours worked by Section 3 workers divided by the total number of labor hours worked by all workers funded by public housing financial assistance in the PHA's or other recipient's fiscal year. (ii) The number of labor hours worked by Targeted Section 3 workers, as defined in § 75.11(a), divided by the total number of labor hours worked by all workers funded by public housing financial assistance in the PHA's or other recipient's fiscal year. � 75.15 Reporting. (a) Reporting of labor hours. (1) For public housing financial assistance, PHAs and other recipients must report in a manner prescribed by HUD: (i) The total number of labor hours worked; (ii) The total number of labor hours worked by Section 3 workers; and (iii) The total number of labor hours worked by Targeted Section 3 workers. Section 3 and MBE/WBE Requirements Page 152 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (2) Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to § 75.31. (3) The labor hours reported under paragraph (a)(1) of this section must include the total number of labor hours worked with public housing financial assistance in the fiscal year of the PHA or other recipient, including labor hours worked by any contractors and subcontractors that the PHA or other recipient is required, or elects pursuant to paragraph (a)(4) of this section, to report. (4) PHAs and other recipients reporting under this section, as well as contractors and subcontractors who report to PHAs and recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this section, from professional services without including labor hours from professional services in the total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers both professional services and other work and the PHA, other recipient, contractor, or subcontractor chooses not to report labor hours from professional services, the labor hours under the contract that are not from professional services must still be reported. (5) PHAs and other recipients may report on the labor hours of the PHA, the recipient, a contractor, or a subcontractor based on the employer's good faith assessment of the labor hours of a full-time or part-time employee informed by the employer's existing salary or time and attendance based payroll systems, unless the project or activity is otherwise subject to requirements specifying time and attendance reporting. Section 3 and MBE/WBE Requirements Page 153 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (b) Additional reporting if Section 3 benchmarks are not met. If the PHA's or other recipient's reporting under paragraph (a) of this section indicates that the PHA or other recipient has not met the Section 3 benchmarks described in § 75.13, the PHA or other recipient must report in a form prescribed by HUD on the qualitative nature of its Section 3 compliance activities and those of its contractors and subcontractors. Such qualitative efforts may, for example, include but are not limited to the following: (1) Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. (2) Provided training or apprenticeship opportunities. (3) Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). (4) Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services. (5) Held one or more job fairs. (6) Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). (7) Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training. (8) Assisted Section 3 workers to obtain financial literacy training and/or coaching. (9) Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. Section 3 and MBE/WBE Requirements Page 154 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (10) Provided technical assistance to help Section 3 business concerns understand and bid on contracts. (11) Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns. (12) Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. (13) Promoted use of business registries designed to create opportunities for disadvantaged and small businesses. (14) Outreach, engagement, or referrals with the state one -stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. (c) Reporting freQuencv. Unless otherwise provided, PHAs or other recipients must report annually to HUD under paragraph (a) of this section, and, where required, under paragraph (b) of this section, in a manner consistent with reporting requirements for the applicable HUD program. (d) Reporting by Small PHAs. Small PHAs may elect not to report under paragraph (a) of this section. Small PHAs that make such election are required to report on their qualitative efforts, as described in paragraph (b) of this section, in a manner consistent with reporting requirements for the applicable HUD program. � 75.17 Contract provisions. (a) PHAs or other recipients must include language in any agreement or contract to apply Section 3 to contractors. Section 3 and MBE/WBE Requirements Page 155 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (b) PHAs or other recipients must require contractors to include language in any contract or agreement to apply Section 3 to subcontractors. (c) PHAs or other recipients must require all contractors and subcontractors to meet the requirements of § 75.9, regardless of whether Section 3 language is included in contracts. Subpart C Additional Provisions for Housing and Community Development Financial Assistance 75.19 Requirements. (a) Employment and traininz. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure that employment and training opportunities arising in connection with Section 3 projects are provided to Section 3 workers within the metropolitan area (or nonmetropolitan county) in which the project is located. (2) Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section should be given to: and (i) Section 3 workers residing within the service area or the neighborhood of the project, (ii) Participants in YouthBuild programs. (b) Contracting. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that Section 3 and MBE/WBE Requirements Page 156 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the project is located. (2) Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section should be given to: (i) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and (ii) YouthBuild programs. 75.21 Targeted Section 3 worker for housing and communitv development financial assistance. (a) Targeted Section 3 worker. A Targeted Section 3 worker for housing and community development financial assistance means a Section 3 worker who is: (1) A worker employed by a Section 3 business concern; or (2) A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years: (i) Living within the service area or the neighborhood of the project, as defined in § 75.5; (ii) A YouthBuild participant. (b) [Reserved] � 75.23 Section 3 safe harbor. (a) General. Recipients will be considered to have complied with requirements in this part, in the absence of evidence to the contrary if they: Section 3 and MBE/WBE Requirements Page 157 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (1) Certify that they have followed the prioritization of effort in § 75.19; and (2) Meet or exceed the applicable Section 3 benchmark as described in paragraph (b) of this section. (b) Establishing benchmarks. (1) HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or both through a document published in the Federal Register. HUD may establish a single nationwide benchmark for Section 3 workers and a single nationwide benchmark for Targeted Section 3 workers, or may establish multiple benchmarks based on geography, the nature of the Section 3 project, or other variables. HUD will update the benchmarks through a document published in the Federal Register, subject to public comment, not less frequently than once every 3 years. Such notice shall include aggregate data on labor hours and the proportion of recipients meeting benchmarks, as well as other metrics reported pursuant to § 75.25 as deemed appropriate by HUD, for the 3 most recent reporting years. (2) In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours worked by specific categories of workers or in different localities or regions; averages for labor hours worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks, HUD will exclude professional services from the total number of labor hours as such hours are excluded from the total number of labor hours to be reported per § 75.25(a)(4). (3) Section 3 benchmarks will consist of the following two ratios: (i) The number of labor hours worked by Section 3 workers divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year. Section 3 and MBE/WBE Requirements Page 158 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (ii) The number of labor hours worked by Targeted Section 3 workers as defined in § 75.21(a), divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year. 75.25 Reporting. (a) Reporting of labor hours. (1) For Section 3 projects, recipients must report in a manner prescribed by HUD: (i) The total number of labor hours worked; (ii) The total number of labor hours worked by Section 3 workers; and (iii) The total number of labor hours worked by Targeted Section 3 workers. (2) Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to § 75.31. (3) The labor hours reported under paragraph (a)(1) of this section must include the total number of labor hours worked on a Section 3 project, including labor hours worked by any subrecipients, contractors and subcontractors that the recipient is required, or elects pursuant to paragraph (a)(4) of this section, to report. (4) Recipients reporting under this section, as well as subrecipients, contractors and subcontractors who report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this section, from professional services without including labor hours from professional services in the total number of labor hours worked under paragraph (a)(1)(i) of Section 3 and MBE/WBE Requirements Page 159 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities this section. If a contract covers both professional services and other work and the recipient or contractor or subcontractor chooses not to report labor hours from professional services, the labor hours under the contract that are not from professional services must still be reported. (5) Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor based on the employer's good faith assessment of the labor hours of a full-time or part-time employee informed by the employer's existing salary or time and attendance based payroll systems, unless the project or activity is otherwise subject to requirements specifying time and attendance reporting. (b) Additional reporting if Section 3 benchmarks are not met. If the recipient's reporting under paragraph (a) of this section indicates that the recipient has not met the Section 3 benchmarks described in § 75.23, the recipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not limited to the following: (1) Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. (2) Provided training or apprenticeship opportunities. (3) Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). (4) Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services. (5) Held one or more job fairs. Section 3 and MBE/WBE Requirements Page 160 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (6) Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). (7) Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training. (8) Assisted Section 3 workers to obtain financial literacy training and/or coaching. (9) Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. (10) Provided technical assistance to help Section 3 business concerns understand and bid on contracts. (11) Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns. (12) Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. (13) Promoted use of business registries designed to create opportunities for disadvantaged and small businesses. (14) Outreach, engagement, or referrals with the state one -stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. (c) Reportiniz freauencv. Unless otherwise provided, recipients must report annually to HUD under paragraph (a) of this section, and, where required, under paragraph (b) of this section, on all projects completed within the reporting year in a manner consistent with reporting requirements for the applicable HUD program. � 75.27 Contract provisions. Section 3 and MBE/WBE Requirements Page 161 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (a) Recipients must include language applying Section 3 requirements in any subrecipient agreement or contract for a Section 3 project. (b) Recipients of Section 3 funding must require subrecipients, contractors, and subcontractors to meet the requirements of § 75.19, regardless of whether Section 3 language is included in recipient or subrecipient agreements, program regulatory agreements, or contracts. Subpart D—Provisions for Multiple Funding Sources, Recordkeeping, and Compliance 75.29 Multiple funding sources. (a) If a housing rehabilitation, housing construction or other public construction project is subject to Section 3 pursuant to § 75.3(a)(1) and (2), the recipient must follow subpart B of this part for the public housing financial assistance and may follow either subpart B or C of this part for the housing and community development financial assistance. For such a project, the following applies: (1) For housing and community development financial assistance, a Targeted Section 3 worker is any worker who meets the definition of a Targeted Section 3 worker in either subpart B or C of this part; and (2) The recipients of both sources of funding shall report on the housing rehabilitation, housing construction, or other public construction project as a whole and shall identify the multiple associated recipients. PHAs and other recipients must report the following information: (i) The total number of labor hours worked on the project; (ii) The total number of labor hours worked by Section 3 workers on the project; and Section 3 and MBE/WBE Requirements Page 162 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities project. (iii) The total number of labor hours worked by Targeted Section 3 workers on the (b) If a housing rehabilitation, housing construction, or other public construction project is subject to Section 3 because the project is assisted with funding from multiple sources of housing and community development assistance that exceed the thresholds in § 75.3(a)(2), the recipient or recipients must follow subpart C of this part, and must report to the applicable HUD program office, as prescribed by HUD. 75.31 Recordkeeping. (a) HUD shall have access to all records, reports, and other documents or items of the recipient that are maintained to demonstrate compliance with the requirements of this part, or that are maintained in accordance with the regulations governing the specific HUD program by which the Section 3 project is governed, or the public housing financial assistance is provided or otherwise made available to the recipient, subrecipient, contractor, or subcontractor. (b) Recipients must maintain documentation, or ensure that a subrecipient, contractor, or subcontractor that employs the worker maintains documentation, to ensure that workers meet the definition of a Section 3 worker or Targeted Section 3 worker, at the time of hire or the first reporting period, as follows: (1) For a worker to qualify as a Section 3 worker, one of the following must be maintained: (i) A worker's self -certification that their income is below the income limit from the prior calendar year; Section 3 and MBE/WBE Requirements Page 163 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (ii) A worker's self -certification of participation in a means -tested program such as public housing or Section 8-assisted housing; (iii) Certification from a PHA, or the owner or property manager of project -based Section 8-assisted housing, or the administrator of tenant -based Section 8-assisted housing that the worker is a participant in one of their programs; (iv) An employer's certification that the worker's income from that employer is below the income limit when based on an employer's calculation of what the worker's wage rate would translate to if annualized on a full-time basis; or (v) An employer's certification that the worker is employed by a Section 3 business concern. (2) For a worker to qualify as a Targeted Section 3 worker, one of the following must be maintained: (i) For a worker to qualify as a Targeted Section 3 worker under subpart B of this part: (A) A worker's self -certification of participation in public housing or Section 8-assisted housing programs; (B) Certification from a PHA, or the owner or property manager of project -based Section 8-assisted housing, or the administrator of tenant -based Section 8-assisted housing that the worker is a participant in one of their programs; (C) An employer's certification that the worker is employed by a Section 3 business concern; or (D) A worker's certification that the worker is a YouthBuild participant. (ii) For a worker to qualify as a Targeted Section 3 worker under subpart C of this part: Section 3 and MBE/WBE Requirements Page 164 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities (A) An employer's confirmation that a worker's residence is within one mile of the work site or, if fewer than 5,000 people live within one mile of a work site, within a circle centered on the work site that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census; (B) An employer's certification that the worker is employed by a Section 3 business concern; or (C) A worker's self -certification that the worker is a YouthBuild participant. (c) The documentation described in paragraph (b) of this section must be maintained for the time period required for record retentions in accordance with applicable program regulations or, in the absence of applicable program regulations, in accordance with 2 CFR part 200. (d) A PHA or recipient may report on Section 3 workers and Targeted Section 3 workers for five years from when their certification as a Section 3 worker or Targeted Section 3 worker is established. 75.33 Compliance. (a) Records of compliance. Each recipient shall maintain adequate records demonstrating compliance with this part, consistent with other recordkeeping requirements in 2 CFR part 200. (b) Complaints. Complaints alleging failure of compliance with this part may be reported to the HUD program office responsible for the public housing financial assistance or the Section 3 project, or to the local HUD field office. (c) MonitorinL,. HUD will monitor compliance with the requirements of this part. The applicable HUD program office will determine appropriate methods by which to oversee Section 3 compliance. HUD may impose appropriate remedies and sanctions in accordance with the laws and regulations for the program under which the violation was found. Section 3 and MBE/WBE Requirements Page 165 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities PART 91—CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND DEVELOPMENT PROGRAMS 6. The authority citation for part 91 continues to read as follows: Authority: 42 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-11388, 12701-12711, 12741-12756, and 12901-12912. § 91.215 [Amended] 7. Amend § 91.2150) by removing "24 CFR part 135" and adding, in its place "24 CFR part 75". § 91.225 [Amended] 8. Amend § 91.225(a)(7) by removing "24 CFR part 135" and adding, in its place "24 CFR part 75". § 91.325 [Amended] 9. Amend § 91.325(a)(7) by removing "24 CFR part 135" and adding, in its place "24 CFR part 75". § 91.425 [Amended] 10. Amend § 91.425(a)(1)(vii) by removing "24 CFR part 135" and adding, in its place "24 CFR part 75". PART 92—HOME INVESTMENT PARTNERSHIPS PROGRAM Section 3 and MBE/WBE Requirements Page 166 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities 11. The authority citation for part 92 continues to read as follows: Authority: 42 U.S.C. 3535(d), 12 U.S.C. 170lx and 4568. 12. Amend § 92.508 as follows: a. Remove paragraph (a)(7)(i)(B); b. Redesignate paragraph (a)(7)(i)(C) as (a)(7)(i)(B); and c. Add paragraph (a)(7)(xi). The addition reads as follows: 92.508 Recordkeeping. (a) (7) (xi) Documentation of actions undertaken to meet the requirements of 24 CFR part 75 which implements section 3 of the Housing Development Act of 1968, as amended (12 U.S.C. 1701u). PART 93—HOUSING TRUST FUND 13. The authority citation for part 93 continues to read as follows: Authority: 42 U.S.C. 3535(d), 12 U.S.C. 4568. 14. Amend § 93.407 as follows: a. Redesignate paragraphs (a)(5)(ii) through (ix) as paragraphs (a)(5)(iii) through (x); b. Remove paragraph (a)(5)(i)(B); c. Redesignate paragraph (a)(5)(i)(A) as paragraph (a)(5)(ii); Section 3 and MBE/WBE Requirements Page 167 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities d. In newly redesignated paragraph (a)(5)(iv), remove "24 part 35" and add in its place "24 CFR part 35"; and e. Add paragraph (a)(5)(xi). The addition reads as follows: 93.407 Recordkeeping. (a) (5) (xi) Documentation of actions undertaken to meet the requirements of 24 CFR part 75, which implements section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u). CHAPTER I - OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [AMENDED] 15. Under the authority of 42 U.S.C. 3535(d), in chapter I, remove designated subchapter headings A and B. PART 135 --[REMOVED] 16. Remove part 135. PART 266—HOUSING FINANCE AGENCY RISK -SHARING PROGRAM FOR INSURED AFFORDABLE MULTIFAMILY PROJECT LOANS 17. The authority citation for part 266 continues to read as follows: Section 3 and MBE/WBE Requirements Page 168 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Authority: 12 U.S.C. 1707; 42 U.S.C. 3535(d). § 266.220 [Amended] 18. Amend § 266.220(c) by removing `; section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), as implemented by 24 CFR part 135". PART 570—COMMUNITY DEVELOPMENT BLOCK GRANTS 19. The authority citation for part 570 continues to read as follows: Authority: 12 U.S.C. 1701x, 1701 x-1; 42 U.S.C. 3535(d) and 5301-5320. § 570.487 [Amended] 20. Amend § 570.487(d) by removing "24 CFR part 135" and adding in its place "24 CFR part 75". § 570.607 [Amended] 21. Amend § 570.607(b) by removing "24 CFR part 135" and adding in its place "24 CFR part 75". PART 574—HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 22. The authority citation for part 574 continues to read as follows: Authority: 12 U.S.C. 1701x, 1701 x-1; 42 U.S.C. 3535(d) and 5301-5320. § 574.600 [Amended] Section 3 and MBE/WBE Requirements Page 169 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities 23. Amend § 574.600 by adding "and part 75" after the phrase "24 CFR part 5". PART 576—EMERGENCY SOLUTIONS GRANTS PROGRAM 24. The authority citation for part 576 continues to read as follows: Authority: 12 U.S.C. 1701x, 1701 x-1; 42 U.S.C. 11371 etseq., 42 U.S.C. 3535(d). § 576.407 [Amended] 25. Amend § 576.407(a) by removing "24 CFR part 135" and adding in its place "24 CFR part 75". PART 578—CONTINUUM OF CARE PROGRAM 26. The authority citation for part 578 continues to read as follows: Authority: 12 U.S.C. 1701x, 1701 x-1; 42 U.S.C. 11381 etseq., 42 U.S.C. 3535(d). § 578.99 [Amended] 27. Amend § 578.99 by removing "federal" in the section heading and adding in its place "Federal" and removing "24 CFR part 135" in paragraph (i) and adding in its place "24 CFR part 75". PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM 28. The authority citation for part 905 continues to read as follows: Authority: 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). Section 3 and MBE/WBE Requirements Page 170 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities § 905.308 [Amended] 29. Amend § 905.308(b)(10) by removing "24 CFR part 135" and adding in its place "24 CFR part 75". PART 964—TENANT PARTICIPATION AND TENANT OPPORTUNITIES IN PUBLIC HOUSING 30. The authority citation for part 964 continues to read as follows: Authority: 42 U.S.C. 1437d, 1437g, 1437r, 3535(d). 31. Revise § 964.320 to read as follows: 964.320 HUD Policv on training, employment, contracting and subcontracting of public housing residents. In accordance with Section 3 of the Housing and Urban Development Act of 1968 and the implementing regulations at 24 CFR part 75, PHAs, their contractors and subcontractors shall make best efforts, consistent with existing Federal, State, and local laws and regulations, to give low and very low-income persons the training and employment opportunities generated by Section 3 covered assistance (as this term is defined in 24 CFR 75.3) and to give Section 3 business concerns the contracting opportunities generated by Section 3 covered assistance. PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM 32. The authority citation for part 983 continues to read as follows: Section 3 and MBE/WBE Requirements Page 171 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities Authority: 42 U.S.C. 1437f and 3535(d). § 983.4 [Amended] 33. Amend § 983.4 by removing the definition of "Section 3 — Training, employment and contracting opportunities in development". § 983.154 [Amended] 32. Amend § 983.154 by removing (c) introductory text and paragraph (c)(1) and redesignating paragraph (c)(2) as paragraph (c). PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES 34. The authority citation for part 1000 continues to read as follows: Authority: 25 U.S.C. 4101 et seq.; 42 U.S.C. 3535(d). 35. Revise § 1000.42 to read as follows: 1000.42 Are the requirements of Section 3 of the Housing and Urban Development Act of 1968 applicable? No. Recipients shall comply with Indian preference requirements of Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 5307(b)), or employment and contract preference laws adopted by the recipient's tribe in accordance with Section 101(k) of NAHASDA. Section 3 and MBE/WBE Requirements Page 172 of 173 EXHIBIT I Hughes House Phase I Public Improvements: Wet Utilities [BILLING CODE: 4210-67] Benjamin S. Carson, Sr. Secretary [FR Doc. 2020-19185 Filed: 9/28/2020 8:45 am; Publication Date: 9/29/2020] Section 3 and MBE/WBE Requirements Page 173 of 173 EXHIBIT J Community Facilities Agreement EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities Received Date: 3/21/2023 Received Time: 4:S4 p.m. Developer and Project Information Cover Sheet: Developer Company Name: FW Hughes House, LP Address, State, Zip Code: 1407 Texas Street, Fort Worth, TX 76102 Phone & Email: Authorized Signatory, Title Project Name: Brief Description: Project Location: Plat Case Number: Not Provided Mapsco: 79J & 79K CFA Number: 22-0054 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Community Facilities Agreement 817-333-3401; mmlemons(afwhs.ora Mary -Margaret Lemons, Secretary/Treasurer Cavile Place — Phase II- Hughes House Water, Sewer, and Paving E. Rosedale Street & Amanda Ave. Plat Name: I Cavile Addition Council District: City Project Number: 5 CPN103819 I IPRC21-0157 Page 1 of 16 Page 1 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities City Contract Number: -59086 STANDARD COMMUNITY FACILITIES AGREEMENT This COMMUNITY FACILITIES AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and FW Hughes House, LP ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Cavile Place — Phase II- Hughes House ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exists between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 2 of 16 Community Facilities Agreement Page 2 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ❑X Exhibit A: Water ❑X Exhibit A-1: Sewer ® Exhibit B: Paving ❑ Exhibit 13-1: Storm Drain ❑ Exhibit C: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 3 of 16 Community Facilities Agreement Page 3 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements by December 14, 2024 ("Term"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts City of Fort Worth, Texas Page 4 of 16 Standard Community Facilities Agreement Rev. 9/21 Community Facilities Agreement Page 4 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 5 of 16 Community Facilities Agreement Page 5 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERL Y SAFEGUARD THE WORK, OR ON ACCOUNT OFANY ACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH, RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITHALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 6 of 16 Community Facilities Agreement Page 6 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre -approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Coordination Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 With conies to: City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER: FW Hughes House, LP 1407 Texas Street Fort Worth, Texas 76102 Page 7 of 16 Community Facilities Agreement Page 7 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 8 of 16 Community Facilities Agreement Page 8 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 9 of 16 Community Facilities Agreement Page 9 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 10 of 16 Community Facilities Agreement Page 10 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 29. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 31. No Third -Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 32. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 33. Signature Authority City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 11 of 16 Community Facilities Agreement Page 11 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 12 of 16 Community Facilities Agreement Page 12 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities 36. Cost Summary Sheet Project Name: Cavile Place — Phase 11- Hughes House CFA No.: 22-0054 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total City Project No.: 103819 B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees) Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: Financial Guarantee Options, choose one Bond = 100% Completion Aqreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Pavinq/Storm Drain = 125% Letter of Credit = 125% Escrow Pledqe Aqreement = 125% City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Community Facilities Agreement Developer's Cost $ 586,411.00 $ 53,913.00 $ 640,324.00 $ 862,150.00 $ 862,150.00 $70,500.00 $3,675.00 $1,050.00 R 75,225.00 IPRC No.:21-0157 Choice Amount (Mark one $ 1,502,474.00 $ 1,502,474.00 $ 800,405.00 $ 1,077,687.50 $ 1,878,092.50 X $ 1,878,092.50 Page 13 of 16 Page 13 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER FW Hughes House, LP, a Texas limited Dana Burghdof�' partnership Dana Bumhdoff(Mar 1.202316:f3 CDT) Dana Burghdoff By: FW Hughes House GP, LLC, a Texas Assistant City Manager limited liability company, its general partner Date: Mar 21, 2023 By: Fort Worth Affordability, Inc., a Texas non- profit corporation, its sole member Recommended by: Bichson Nquven Mary -Margaret �1,n (Mar 21, 2023 14:59 EDT) Bichson N¢uven (Mar 21. 2023 14:11 CDT) Mary -Margaret Lemons Dwayne Hollars/Bichson Nguyen Secretary/Treasurer Contract Compliance Specialist Mar 21, 2023 Development Services Date: Approved as to Form & Legality: Richard A. McCracken (Mar 21, 2023 16:00 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. n/a Date: Mar 21, 2023 Form 1295: n/a Contract Compliance Manager: ATTEST: By signing, I acknowledge that I am the person n ^ A a A � responsible for the monitoring and �'✓1 administration of this contract, including Jannette S. Goodall ensuring all performance and reporting City Secretary requirements. Rebecca Diane *Owen (Mar 21. 2023 14:13 CDT) Rebecca D. Owen Development Manager City of Fort Worth, Texas Page 14 of 16 Standard Community Facilities Agreement Rev. 9/21 Community Facilities Agreement Page 14 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment © Attachment I - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions © Location Map © Exhibit A: Water Improvements © Exhibit A-1: Sewer Improvements © Exhibit B: Paving Improvements ❑ Exhibit B-1: Storm Drain Improvements ❑ Exhibit C: Street Lights and Signs Improvements X❑ Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 15 of 16 Community Facilities Agreement Page 15 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities ATTACHMENT "1" Changes to Standard Community Facilities Agreement City Project No. 103819 None City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 16 of 16 Community Facilities Agreement Page 16 of 23 E 0 a M EXHIBIT J FoRT%Rni 1'0� Hughes House Phase I Puhhe Imnrovements. Wet Utilities THE CITY OF FORT WORTH CFA VICINITY EXHIBIT PUBLIC WATER AND SEWER IMPROVEMENTS TO SERVE CAVILE PLACE — PHASE II — HUGHES HOUSE IPANOLA IPRC NO. 21-0157, CPN: 103819 amore DALLAS T CRAIGI w ark Uj o �� VINSON p = N HAMPSHIRE w SITE�LDCA-dOf AMPSHIRE5 w o w O H I ETT QLU WI MERE U- J GR NDEKING a z w SELENE NQ Fy a_ 0 HART ROSEDALE r le 0.7 K parr l Kl. TMAN MACARTH _ Q w CALUMET) WAINWRI HT IzIE� - GRAPHIC SCALE IN FEET VICINITY MAP 0 500 1000 2000 MAPSCO No.: 79J & 79K DEVELOPER: OWNER: �m1eyo NOrn CAVILE PLACE - PHASE II - HUGHES HOUSE FW HUGHES HOUSE, LP FORT WORTH HOUSING SOLUTIONS 801 Cherry St. Unit 11, Suite 1300 1407 TEXAS STREET 1201 E. 13TH STREET FORT WORTH, TARRANT COUNTY, TEXAS FORT WORTH, TX 76102 FORT WORTH, TX 76102 Fort Worth, Texas 76102 MARCH 2O23 Phone: (817) 339 - 2294 IPRC21-0157, CPN: 103819 State of Texas Registration No. F-928 Community Facilities Agreement Page 17 of 23 EXHIBIT J Hughes House Phase I Public Imbrovements: Wet Utilities PROP. 6" FIRE SERVICE, 4" DOMESTIC SERVICE CONNECT TO EX. 8" WATER LINE (X-20851) �I'4Juin1Uw"lIIIIUiiiiuxi imminniillil CONNECT TO EX. 8" WATER LINE (X-20851) I II I 1 LEGEND GRAPHIC SCALE IN FEET 0 75 250 500 1LE STREET EX, FIRE HYDRANT TO REMAIN I`l IIPROP. 12" WATERLINE I I _ I ". PROP. 6" SERVICE, 8" SERVICE PROP. 6" FIRE SERVICE, 4" DOMESTIC SERVICE, I _ J L 2" IRRIGATION SERVICE CONNECT TO EX. 8" WATER LINE (X-20851) EX. FIRE HYDRANT ITO BE REMOVED AND REPLACED PROP. PRIVATE WATERLINE I j /1 I I EX. 6" WATERLINE TO BE ABANDONED II PROP. 8" WATERLINE VL1 �lJL v—. - 6" FIRE SERVICE I / ICONNECTTO EX. 8" WATERLINE PROP. T 1 IRRIGATION SERVICE 1 1 I I { I PROPERTY LINE CONNECT TO EX. 12" WATERLINE PROP. WATER LINE EX. WATER LINE EXHIBIT A WATER IMPROVEMENTS FIRE HYDRANT DEVELOPER: OWNER: CAVILE PLACE -PHASE II -HUGHES HOUSE FW HUGHES HOUSE, LP FORT WORTH HOUSING SOLUTIONS 1407 TEXAS STREET 1201 E. 13TH STREET FORT WORTH, TARRANT COUNTY, TEXAS FORT WORTH, TX 76102 FORT WORTH, TX 76102 MARCH 2O23 IPRC21-0157, CPN: 103819 Kimley>»Horn 801 Cherry St. Unit 11, Suite 1300 Fort Worth, Texas 76102 Phone: (817) 339 - 2294 State of Texas Registration No. F-928 Community Facilities Agreement Page 18 of 23 EXHIBIT J Hughes House Phase I Puhlie Imnrovements. Wet Utilities LEGEND GRAPHIC SCALE IN FEET 0 50 100 200 I CONNECT TO EX. 8" SEER MAIN (X-02390) CONNECT TO EX. 8" SEWER MAIN (X-02390) PROP. 8W" SEWER SERVICE - l PROP. 8" SEWER SERVICE ROSEDF,LEi STREET SS SS SS �, :6 ... SS - I "tiIIIIIIUI* IIIIII�IIIIU®l� I I N I I PROPERTY LINE ss PROP. SEWER LINE EX. SEWER LINE ® SANITARY SEWER MANHOLE EXHIBIT Al SEWER IMPROVEMENTS CAVILE PLACE - PHASE II - HUGHES HOUSE FORT WORTH, TARRANT COUNTY, TEXAS MARCH 2O23 IPRC21-0157, CPN: 103819 SE DEVELOPER: OWNER: mle(A orn FW HUGHES HOUSE, LP 1407 TEXAS STREET FORT WORTH, TX 76102 FORT WORTH HOUSING SOLUTIONS 1201 E. 13TH STREET FORT WORTH, TX 76102 • 801 Cherry St. Unit 11, Suite 1300 Fort Worth, Texas 76102 Phone: (817) 339 - 2294 State of Texas Registration No. F-928 Community Facilities Agreement Page 19 of 23 EXHIBIT J Hughes House Phase I Public Imbrovements: Wet Utilities RGSEDALE 5 I Ktt I SS SS s� `i CONCRETE PAVEMENT TO BE REMOVED I f I I I I I I U H1 I I I I I U I I I I �5( �'j'� I I I I I I I I I j11J1,11J1 IrCONCRETE PAVEMENT TO BE REMOVED` CONCRETE PAVEMENT TO BE REMOVED � SS - SS_ - 5 _. SS - 09 CONCRETE PAVEMENT TO BE REMOVED I II IIIIIIU l II I I REM TO ASPHALT PAVEMENT BE REMOVED AND REPLACED I II _ 1_ i i LEGEND PROPERTY LINE - REMOVE CONCRETE PAVEMENT REMOVE ASPHALT PAVEMENT CAVILE PLACE - PHASE II - HUGHES HOUSE FORT WORTH, TARRANT COUNTY, TEXAS MARCH 2O23 IPRC21-0157, CPN: 103819 GRAPHIC SCALE IN FEET 0 75 150 300 REFERENCE CPN: 103822, CFA22-0053 FOR PAVING REPAIR ALONG ETTA STREET, AVENUE G, AND AMANDA STREET AND SIDEWALK REPLACEMENT ALONG ROSEDALE. EXHIBIT B PAVING IMPROVEMENTS DEVELOPER: OWNER: KIml yo Horn FW HUGHES HOUSE, LP FORT WORTH HOUSING SOLUTIONS 1407 TEXAS STREET 1201 E. 13TH STREET 801 Cherry St. Unit 11, Suite 1300 FORT WORTH, TX 76102 FORT WORTH, TX 76102 Fort Worth, Texas 76102 Phone: (817) 339 - 2294 State of Texas Registration No. F-928 Community Facilities Agreement Page 20 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities �E BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Description Project Item Information Specification Section No. UNIT I: WATER IMPROVEMENTS 12 Remove 6" Water Line 0241 14 18 4"-12" Water Abandonment Plug 0241 14 09 Trench Safety 33 05 10 01 Ductile Iron Water Fittings w/ Restraint 33 11 11 61 4" PVC Water Pipe 3311 12 61 6" PVC Water Pipe 3311 12 61 8" PVC Water Pipe 3311 12 61 12" PVC Water Pipe 3311 12 01 Fire Hydrant 33 1240 02 Water Sampling Station 331250 17 Connection to Existing 4"-12" Water Main 33 12 25 03 2" Water Service 33 12 10 01 3" Water Meter and Vault 33 12 11 02 6" Gate Valve 33 12 20 03 8" Gate Valve 33 12 20 05 12" Gate Valve 33 12 20 04 Demo Exisiting Water Meters 00 00 00 06 1 1/2" Water Meter 00 00 00 Bidder's Appli Unit of Bid Measure I Quantity Bidder's Pr Unit Price LF 56 $34.00 EA 1 $1,255.00 LF 2407 $1.00 TON 3.05 $4,800.00 LF 62 $80.00 LF 150 $94.00 LF 1820 $133.00 LF 375 $226.00 EA 1 $9,000.00 EA 16 $2,727.00 EA 9 $4,885.00 EA 2 $4,000.00 EA 2 $35,000.00 EA 2 $1,977.00 EA 5 $2,691.00 EA 3 $4,943.00 EA 5 $2,000.00 EA 2 $1,750.00 TOTAL UNIT I: WATER IMPROVEMENTS Community Facilities Agreement Page 21 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities �E BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Description Project Item Information 01 Pre -CCTV Inspection 09 Trench Safety 12 Concrete Collar 01 4' Manhole 02 8" SDR-26 Sewer Pipe 03 Demo Exisitng Sanitary Services Bidder's Appli Specification Section No. Unit of Bid Measure I Quantity UNIT II: SANITARY SEWER IMPROVEMENTS 3301 31 LF 45 33 05 10 LF 45 33 05 17 EA 2 33 39 10, 33 39 20 EA 2 00 00 00 LF 45 00 00 00 EA 7 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS Bidder's Pr Unit Price $1.00 $1.00 $2,115.00 $14,244.00 $119.00 $2,250.00 Community Facilities Agreement Page 22 of 23 EXHIBIT J Hughes House Phase I Public Improvements: Wet Utilities SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM .,E BID Bidder's Appli Project Item Information Bidder's Pr Description P Specification Section No. P Unit of Bid Unit Price Measure Quantity UNIT III: PAVING IMPROVEMENTS 01 Remove Concrete Drive 0241 13 SF 3650 $5.00 00 Remove Asphalt Pvmt 0241 15 SY 2820 $45.00 17 10' Wide Asphalt Pvmt Repair, Residential 3201 17 LF 1950 $360.00 01 Traffic Control 3471 13 MO 1 $15,000.00 TOTAL UNIT III: PAVING IMPROVEMENTS Community Facilities Agreement Page 23 of 23 EXHIBIT J-1 Standard City Conditions EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 1 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Article 1 — Definitions and Terminology.......... 1.01 Defined Terms ............................... 1.02 Terminology .................................. Article 2 — Preliminary Matters ....................... 2.01 Before Starting Construction...... 2.02 Preconstruction Conference........ 2.03 Public Meeting ............................ Article 3 — Contract Documents and Amending...................................................................................... 3.01 Reference Standards............................................................................................................ 3.02 Amending and Supplementing Contract Documents......................................................... Article 4 — Bonds and Insurance.................................................................... 4.01 Licensed Sureties and Insurers .................................................. 4.02 Performance, Payment, and Maintenance Bonds ..................... 4.03 Certificates of Insurance............................................................ 4.04 Contractor's Insurance............................................................... 4.05 Acceptance of Bonds and Insurance; Option to Replace.......... Page 1 1 5 7 7 7 7 9 .......12 Article 5 — Contractor's Responsibilities........................................................................................................12 5.01 Supervision and Superintendent.................................................................................................12 5.02 Labor; Working Hours................................................................................................................13 5.03 Services, Materials, and Equipment...........................................................................................13 5.04 Project Schedule..........................................................................................................................14 5.05 Substitutes and "Or-Equals".......................................................................................................14 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors).....................................16 5.07 Concerning Subcontractors, Suppliers, and Others...................................................................16 5.08 Wage Rates..................................................................................................................................18 5.09 Patent Fees and Royalties...........................................................................................................19 5.10 Laws and Regulations.................................................................................................................19 5.11 Use of Site and Other Areas.......................................................................................................19 5.12 Record Documents......................................................................................................................20 5.13 Safety and Protection.................................................................................................................. 21 5.14 Safety Representative.................................................................................................................21 5.15 Hazard Communication Programs.............................................................................................22 5.16 Submittals....................................................................................................................................22 5.17 Contractor's General Warranty and Guarantee..........................................................................23 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 2 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 5.18 Indemnification........................................................................................................................... 24 5.19 Delegation of Professional Design Services.............................................................................. 24 5.20 Right to Audit: ............................................................................................................................ 25 5.21 Nondiscrimination.......................................................................................................................25 Article 6 - Other Work at the Site....... 6.01 Related Work at Site ....... Article 7 - City's Responsibilities ............................................ 7.01 Inspections, Tests, and Approvals ....................... 7.02 Limitations on City's Responsibilities ................ 7.03 Compliance with Safety Program ........................ Article 8 - City's Observation Status During Construction....... 8.01 City's Project Representative ................................. 8.02 Authorized Variations in Work .............................. 8.03 Rejecting Defective Work ...................................... 8.04 Determinations for Work Performed ...................... Article 9 - Changes in the Work ...................... 9.01 Authorized Changes in the Work 9.02 Notification to Surety ................... Article 10 - Change of Contract Price; Change of Contract Time 10.01 Change of Contract Price ........................................... 10.02 Change of Contract Time ........................................... 10.03 Delays......................................................................... 26 26 26 26 26 27 .......................... 27 .......................... 27 .......................... 27 .......................... 27 .......................... 28 Article 11 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............ 11.01 Notice of Defects.............................................................................................................. 11.02 Access to Work................................................................................................................. 11.03 Tests and Inspections........................................................................................................ 11.04 Uncovering Work............................................................................................................. 11.05 City May Stop the Work................................................................................................... 11.06 Correction or Removal of Defective Work...................................................................... 11.07 Correction Period.............................................................................................................. 11.08 City May Correct Defective Work................................................................................... Article 12 - Completion .......................................... 12.01 Contractor's Warranty of Title ........... 12.02 Partial Utilization ................................ 12.03 Final Inspection ................................... 12.04 Final Acceptance ................................. Article 13 - Suspension of Work ..................................... 13.01 City May Suspend Work ............................. Article 14 - Miscellaneous .......................................... 14.01 Giving Notice .......................................... CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 a a a a ... 29 ... 29 ... 29 ... 29 ... 30 ... 30 ... 30 ... 30 ... 31 ................................. 32 ................................. 32 ................................. 32 ................................. 32 ................................. 33 ............................................................. 33 ............................................................. 33 34 34 Standard City Conditions Page 3 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 14.02 Computation of Times................................................................................................................ 34 14.03 Cumulative Remedies................................................................................................................. 34 14.04 Survival of Obligations............................................................................................................... 35 14.05 Headings......................................................................................................................................35 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 4 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 0073 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw — City's on-line, electronic document management and collaboration system. 5. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract —The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents —Those items that make up the contract and which must include the Agreement, and it's attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 5 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions in. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents o. Drawings P. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor —The individual or entity with whom Developer has entered into the Agreement. 11. Day or day —A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer — An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance — The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 6 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 0073 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements —A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non -Participating Change Order —A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order —A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans — See definition of Drawings. 24. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project —The Work to be performed under the Contract Documents. 26. Project Representative —The authorized representative of the City who will be assigned to the Site. 27. Public Meeting — An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours — Hours beginning at 7: 00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 7 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 0073 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site —Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions — That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of apart of the Work at the Site. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours — Hours beginning at 9: 00 a. in. and ending at 5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 8 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 0073 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non -Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p. m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. C. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 9 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 0073 10-6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non - Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 — CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non -Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 10 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 0073 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 — BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 11 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 0073 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 12 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either parry or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 4.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 13 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits o£ a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 14 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: None Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: a. General Aggregate: None Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence:: None Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 15 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at -grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 16 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 17 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 18 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 19 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre -qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 20 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. (Check this box if there is any City Participation) ❑ Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 21 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. ❑ Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 22 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 23 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 24 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 25 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 26 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 27 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.13. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 28 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 29 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 — OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. ARTICLE 7 — CITY'S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 30 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 31 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 — CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 32 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 33 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. Developer/Contractor. City will forward all invoices for retests to 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 34 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor's obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 35 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 11.09. ARTICLE 12 — COMPLETION 12.01 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 36 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 — SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 37 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given i£ 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 38 of 39 EXHIBIT J-1 Hughes House Phase I Public Improvements: Wet Utilities 14.04 Survival of Obligations 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Page 39 of 39 EXHIBIT J-2 Project Manual EXHIBIT J-2 Hughes House Phase I Public Improvements: Wet Utilities PROJECT MANUAL FOR THE CONSTRUCTION OF Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House IPRD Record No. 21-0157 City Project No.103819 Mattie Parker David Cooke Mayor City Manager Chris Harder Director, Water Department William Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth November 2022 Prepared by: °F..r.F�s Kirnley))) Horn ' R c:'scoTr "' ® Texas Registered Engineering Firm F-928 131358 ��� 801 Cherry Street, Suite 1300, Unit 11 '�/��C.. Fort Worth, TX 76102 817.339.2275 04/13/2023 Kimley-Horn No. 061289703 Project Manual Page 1 of 6 EXHIBIT J-2 Hughes House Phase I Public Improvements: Wet Utilities 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 SECTION 00 0010 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions nn� rfwit tief to Bid efs Last Revised 03 /v�r20/2020 00 41 00 00 42 43 nn� Bid Fe Proposal Form Unit Price Bid Bon nn inter '�4 05/22/2019 04 in 4 nn� 00 45 12 Bidders n-o,,, alifieatio ' Prequalification Statement 04/04 09/01/2015 nn� Bidder nro,,, alit ,.atie,, ,Wlioatian 03 in 0 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 i 00 45 40 00 52 43 nn� Minority Business Enterprise Goal Agreement f .ane-e 04 8 06/16/2016 in�11 00 62 13 Cert fieate insu Performance Bond 07 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 i i ii 00 72 00 00 73 00 General Conditions Hipp"--��ntar Ce T 07 in�11 0073 10 Standard City Conditions of the Construction Contract for Developer 01/10/2013 Awarded Projects Division 01 - General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 2500 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 013120 P2c�(jaJlfeefings 07i0i 01 3233 Preconstruction Video 08/30/2013 01 3300 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 6000 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 7123 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised March 20, 2020 Project Manual Page 2 of 6 EXHIBIT J-2 Hughes House Phase I Public Improvements: Wet Utilities 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents: NONE Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: htti):Hfortworthtexas.2ov/ti)w/contractors/ or htti)s://apps.fortworthtexas.2ov/Proi ectResources/ Division 02 - Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03 - Concrete 03 30 00 Caa In Pktoe Coner-ete 03 34 13 Controlled Low Strength Material (CLSM) nz� (`.,,, a fete Base Material for Tfeneh Repair 03 80 00 Medifieatiorn � E7,dling Cenereto & ruotures Division 26 - Electrical 26 05 00 Com ie"�k- Ravahz f r Eleetfieal 260533 Raee,, ays and Boxes f r Eleetfieal Systo 26 05 43 Unde ound Ducts and Raee.. ays f f EleetfiealSystems Division 31 - Earthwork 31 1000 Site Clearing 231 231 Berrew 3124-00 Embankments 31 25 00 Erosion and Sediment Control 313600 Cabiens 313700 Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 31Q 11 231 Flexible Base r,,,, .sos- 32 11 21) Lime .- e To., e Base r,.ufses ,�2 1133 Gefne,..t Treated Base r..ufses 32 11 2' Liquid7 „TreatedSoil Stabilize 32 1216 Asphalt Paving 32 1273 Asphalt Paving -Crook F-mlkxits 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps Date Modified CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised March 20, 2020 Project Manual Page 3 of 6 EXHIBIT J-2 Hughes House Phase I Public Improvements: Wet Utilities 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 32 1373 27� Gene,.ete n.,.,;� Zoi t C t9 g B -iek Unit D.,.,;,... i 3 27� 2'1� ate C1, ! wid GyAte -s and Valley ems, Gu#efs Pa-yef efA Markings G b Address Dai ti.-.,. 323126 32 323213 Z'� 27� Wi -e > e,.ees alld Gates Cast i Dlaee Gene.-ete Retaining Walls Topse;l Dlaeemea-Ad Fittk*i g e f Pa fL,.,ays > >e a Se, diflg Hydro TiT.,lel ing Seeding, Trees 3293 43 and Shrubs Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 3303 10 22�o Bypas3 PunT.: ng of Existing Sewer Systems E eetr e.,l isol.,tio... joint Banding 33 04 11 and C_-\von Control Test Stations 22�2 Magnizz1.urn n no a Catl.e.l;e P foteefio Syste...., 22�nv 22�0 TZ-.si _-\va y W.,�.;..ems Cleaning and n eeept.,.,.ee Testing of Water Mains 32�0 3305 10 Cleaning of Sewe f Mains Utility Trench Excavation, Embedment, and Backfill 3305 12 3305 13 33 n�0 Water Line Lowering Ffame, Cevef and r_,.a e Rings —Cast ken Ffame, Cevef and r_,.a e Rings _CompoSrte � � n c 1 n T� 11054-6 e Adjusting s� Manholes, i let Valve Boxes, ra Other S�otueste rtu7lT.s g, , Grade CG\-.,cx&o W.,te. 3305 17 330520 330521 21 Concrete Collars g Tunnel T ine f D14e 330522 22 330523 23 330524 24 Steel !''.,sing D;..e 14.,.-..1 Tunneling histall.,t;e.. .,fGaf-;e- Pipe i Gasi g or Tunml Lm to 1\l .Le-s/T ee.,te-s 330526 26 33 05 30 Utility Location of Existing Utilities 33 1105 � [�'�1'ldsk Gaskets Belt, l`iu��, 33 11 10 Milo Lvn Pirc 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe P_ 11 13 Gener-etc ProoGure Pine, Bar nx7,-appe.7, Steel Cylinder- Type 1.33 11 1 � Btifie,l Steel Pipe and Fittings 33 11 15 We St,.esse,l Go e.ete Cylifi er- 33 1210 Water Services 1-inch to 2-inch 33 12 11 Large Water Meters 2 2�o Resilient Seated !`_.,te Valve CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised March 20, 2020 Project Manual Page 4 of 6 EXHIBIT J-2 Hughes House Phase I Public Improvements: Wet Utilities 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 331221 AAVW4 Rul'b-� Ee te,l BtWe ffly Valves 33 1225 33 1230 Connection to Existing Water Mains rembin t;en Air- Valve Assemblies l.l;e f r netable W ref Systems 33 1240 Fire Hydrants 33 1250 32 1260 Water Sample Stations Standffd Blew off V l.,e A sse,..b! 33 31 13 22� 2 ikrA!muc ifa n f ,-ee,] Pipe f «!`_faN4:0• Frffftw-j'-Sewtf-R HighDensity Polyethylene (14DPE4 Pipe f C'anita-y Se..,e,- f Del.,yiti ,1 !''l.lofi a (PVC) Closed Profile !_,a-y ty San tafy Sewe 33 Pi L Npe 3,31 3122 Sanitary Qem Uip T/.sir.g 3-31 3123 333150 Sanitary ce..,ef Pipe 1~,.1arge..,e,t Sanitary ee..,ef ee,.,;ee C,,n °°bons SeFy ee r 333170 and Combination A if Valve f San tafy Sewer- Foree l,4aiB� 33 39-1-0 33 39 20 22� 33 3940 r Cast i Ul.,ee Core-ete Manholes n,.eeast Co e.ete Manholes Fiberglass Manholes Wastewater- n eeess Chamor (W-AQ 33 39 60 Epoxy r ; e s for- Sanitary Se..uc-cue&tre-S neinf ,.ee,l Cone,-ete lye,t 334 10 22 1 1 1 1 Stennn Selo,er Pipe/C High Density Polyethylene yl e.,.e (LIDPE) Drl:, oFm D i& 3341 12 33 4600 Reinforced Polyethlene (SRPE) Pipe Subdr-ainage 33 4601 S1ettedStcfrn Drain 33 4602 Trendh Dmins 33 49 10 22� 22� Cast -in -Place Manholes and Junction Boxes Curb and Drop inlets Ste.-.. Drainage Headwalls .,,...1 W;n,...,.,lls Division 34 - Transportation 34 41 10 T,-affi1,. Signals 11 L „ 24�-41-1.01 ^r ttaetiment A ent ollef Cabinet 24�-41-10.02 ^z ttaehment C,1'1Y L'1 ✓r eifieation 24 41 10.03 � Att � errt-C---Se x%N\ Srwifieatio 2/1 11 13 Removing T- -af e Signals ?/1 11 15 Reet gular Rap,a Flashing Be 34 41 16 Pao Irian Hybrid Signal 34 4120 Readwy Illursinate n Assemblies 34 4120.01 Aftcr'r�. =Icy !jamina rvs 24 ^�02 Freeway LED Read..,.,., .T.iamina2Yv6 34 4120.03 Re�tial. ;lam P_aa Ilmninafr/m 34 4130 Aluminum fi.girs 3471 13 Traffic Control CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised March 20, 2020 Project Manual Page 5 of 6 EXHIBIT J-2 Hughes House Phase I Public Improvements: Wet Utilities 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 Appendix G42-401 F42-402 Fra'a1I FG-4J1 Lkn&\g2oux GG 4.G6- 1- aoardou0 Em-bo-xmx ita1 Geed tief at Site GG'-6,09 Nmmit:/..Ix,7 U44ifies GC-6.21 P0sdi3onmi:utieft GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 103819 Revised March 20, 2020 Project Manual Page 6 of 6 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORT Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 103819 Revised July 1, 2011 GEOTECHNICAL ENGINEERING REPORT HUGHES HOUSE FORT WORTH, TEXAS GEOTECHNICAL ENGINEERING REPORT Hughes House Fort Worth, Texas Prepared by: G Gorrondona Engineering Services, Inc. Prepared for: McCormack Baron Salazar Development Inc. 720 Olive Street, Suite 2500 St. Louis, Missouri 63101 Attention: Mr. Mike Saunders, AIA, LEED Green Associate November 18, 2021 GES Project No. 21-0454 TEXAS ENGINEERING FIRM REGISTRATION NO. F-17076 Gorrondona Engineering Services, Inc. Geotechnical Engineering • Construction Materials Testing & Inspection November 18, 2021 Mr. Mike Saunders, AIA, LEED Green Associate Senior Vice President, Director of Design McCormack Baron Salazar Development Inc. 720 Olive Street, Suite 2500 St. Louis, Missouri 63101 Re: GEOTECHNICAL ENGINEERING REPORT Hughes House Fort Worth, Texas GES Project No. 21-0454 Dear Mr. Saunders: Gorrondona Engineering Services, Inc. (GES) is pleased to submit this Geotechnical Engineering Report for the referenced project. We appreciate the opportunity of working with you. Please contact us if you have any questions or require additional services. Respectfully submitted, Reza Keshavarz, Ph.D., P.E. Dallas Operations Manager Harmed Ardalan, Ph.D., P.E. 2021.11.18 12:45:29 -06'00' Hamed Ardalan, Ph.D., P.E. Engineering Manager o F jMohammadreza Keshavarz i �!j �'• 138871 'o� 0�FC? NW S/ONA1-V"4GW 2800 N.E. Loop 820, Suite 660 • Fort Worth, Texas 76137 • 817.496.1424 • Fax 817.496.1768 Texas Engineering Firm Registration No. F-17076 TABLE OF CONTENTS Page 1.0 Introduction.................................................................................................................... 1 2.0 Field Investigation........................................................................................................... 2 3.0 Laboratory Testing.......................................................................................................... 3 4.0 Site Conditions................................................................................................................ 4 4.1 General........................................................................................................................4 4.2 Geology....................................................................................................................... 5 4.3 Soil/Rock......................................................................................................................6 4.4 Groundwater...............................................................................................................8 5.0 Analysis and Recommendations..................................................................................... 9 5.1 Seismic Site Classification........................................................................................... 9 5.2 Potential Vertical Soil Movements.............................................................................. 9 5.3 Soluble Sulfates......................................................................................................... 11 5.4 Soil Corrosion Potential............................................................................................. 12 5.5 Construction Excavations.......................................................................................... 13 5.6 Groundwater Control................................................................................................ 13 5.7 Earthwork..................................................................................................................14 5.7.1 Site Preparation................................................................................................. 14 5.7.2 Proofroll.............................................................................................................14 5.7.3 Grading and Drainage........................................................................................ 14 5.7.4 Wet Weather/Soft Subgrade............................................................................. 15 5.7.5 Fill....................................................................................................................... 15 5.7.6 Testing................................................................................................................16 5.8 Demolition Considerations....................................................................................... 17 5.9 Loading on Buried Structures.................................................................................... 17 5.10 Retaining Structures.................................................................................................. 18 5.11 Buried Pipe................................................................................................................ 19 5.12 Slab-on-Grade........................................................................................................... 20 5.13 Foundation System................................................................................................... 21 5.13.1 Slab Foundation................................................................................................. 21 5.13.2 Straight Shaft Drilled Piers................................................................................. 22 5.14 Structural Slab........................................................................................................... 25 5.15 Private Pavement...................................................................................................... 25 5.15.1 Private Rigid Pavement...................................................................................... 25 5.15.2 Private Pavement Subgrade............................................................................... 26 5.16 Public Roads.............................................................................................................. 27 5.16.1 Rigid Pavement.................................................................................................. 27 5.16.2 Pavement Subgrade........................................................................................... 30 6.0 General Comments....................................................................................................... 30 APPENDICES Appendix A - Project Location Diagrams Appendix B - Boring Location Diagram Appendix C - Boring Logs and Laboratory Results Appendix D - Aerial Photographs Appendix E - USGS Topographic Map Appendix F - Site and Pavement Core Photographs Appendix G - Geologic Information Appendix H - Unified Soil Classification System Appendix I - WinPAS Design Output GEOTECHNICAL ENGINEERING REPORT Hughes House Fort Worth, Texas 1.0 INTRODUCTION Project Location. The site is located at the East Rosedale Street and Amanda Avenue in Fort Worth, Texas. The general location and orientation of the site are provided in Appendix A - Project Location Diagrams. Project Description. The project consists of the following proposed improvements: • Two at -grade podium style 3-story wood -framed apartment buildings (with maximum 500-kips column load); • At -grade 2- to 3-story wood -framed apartment buildings; • Approximately 2,610 LF of public roads per City of Fort Worth guidelines; and • Private parking and drive areas. Proiect Authorization. This geotechnical investigation was authorized by Mr. Jerry Stone, Vice President, with McCormack Baron Salazar Development, Inc. and performed in accordance with GES Proposal No. P21-0704 - Revision 1 dated August 13, 2021. Purpose and Methodologv. The principal purposes of this investigation were to evaluate the general soil conditions at the proposed site and to develop geotechnical engineering design recommendations. To accomplish its intended purposes, the study was conducted in the following phases: 1. Drill sample borings to evaluate the soil conditions at the boring locations and to obtain soil samples; 2. Conduct laboratory tests on selected samples recovered from the borings to establish the pertinent engineering characteristics of the soils; and 3. Perform engineering analyses, using field and laboratory data, to develop design criteria. Cautionary Statement Regarding Use of this Report. As with any geotechnical engineering report, this report presents technical information and provides detailed technical recommendations for civil and structural engineering design and construction purposes. GES, by necessity, has assumed the user of this document possesses the technical acumen to understand and properly utilize information and recommendations provided herein. GES strives to be clear in its presentation and, like the user, does not want potentially detrimental misinterpretation or misunderstanding of this report. Therefore, we encourage any user of GES Project No. 21-0454 Page 1 this report with questions regarding its content to contact GES for clarification. Clarification will be provided verbally and/or issued by GES in the form of a report addendum, as appropriate. Report Specificitv. This report was prepared to meet the specific needs of the client for the specific project identified. Recommendations contained herein should not be applied to any other project at this site by the client or anyone else without the explicit approval of GES. 2.0 FIELD INVESTIGATION Subsurface Investigation. The subsurface investigation for this project is summarized in the following table. Boring locations are provided in Appendix B - Boring Location Diagram. Boring Nos. Depth, feet bgs1 Date Drilled Location B-01 to B-04, 30 to 50 9/12/ - 9/14/2021 At -Grade Podium Style B-16 and B-17 and 11/11/2021 Apartment Building Areas B-06 to B-08 15 9/13/ - 9/18/2021 Apartment Buildings B-09 to B-14 15 9/12/ - 9/20/2021 Along the Proposed Public Roads Notes: 1. bgs = below ground surface 2. Boring locations provided in Appendix B - Boring Location Diagram were not surveyed and should be considered approximate. Borings were located by recreational hand-held GPS unit. Horizontal accuracy of such units is typically on the order of 20-feet. Boring Logs. Subsurface conditions were defined using the sample borings. Boring logs generated during this study are included in Appendix C - Boring Logs and Laboratory Results. Borings were advanced between sample intervals using continuous flight auger drilling procedures. Cohesive Soil Sampling. Cohesive soil samples were generally obtained using Shelby tube samplers in general accordance with American Society for Testing and Materials (ASTM) D1587. The Shelby tube sampler consists of a thin -walled steel tube with a sharp cutting edge connected to a head equipped with a ball valve threaded for rod connection. The tube is pushed into the undisturbed soils by the hydraulic pulldown of the drilling rig. The soil specimens were extruded from the tube in the field, logged, tested for consistency using a hand penetrometer, sealed, and packaged to maintain "in situ" moisture content. Consistencv of Cohesive Soils. The consistency of cohesive soil samples was evaluated in the field using a calibrated hand penetrometer. In this test a 0.25-inch diameter piston is pushed into the undisturbed sample at a constant rate to a depth of 0.25-inch. The results of these tests are tabulated at the respective sample depths on the boring logs. When the capacity of the penetrometer is exceeded, the value is tabulated as 4.5+. GES Project No. 21-0454 Page 2 Texas Cone Penetration (TCP). Texas Cone Penetration (TCP) test was used to assess the apparent in -place strength characteristics of the soil and rock type materials. In the TCP test procedure, a 3-inch outside diameter (OD) steel cone driven by a 170-pound hammer dropped 24 inches (340 ft-pounds of energy). The number of blows of the hammer required to provide 12 inches of penetration, or the inches of penetration of the cone due to 100 blows of the hammer (whichever occurs first) are recorded on the field logs (reference: TxDOT, Bridge Design Manual). Granular Soil Sampling. Granular soil samples were generally obtained using split -barrel sampling procedures in general accordance with ASTM D1586. In the split -barrel procedure, a disturbed sample is obtained in a standard 2-inch outside diameter (OD) split barrel sampling spoon driven 18-inches into the ground using a 140-pound (lb) hammer falling freely 30 inches. The number of blows for the last 12-inches of a standard 18-inch penetration is recorded as the Standard Penetration Test resistance (N-value). The N-values are recorded on the boring logs at the depth of sampling. Samples were sealed and returned to our laboratory for further examination and testing. Groundwater Observations. Groundwater observations are shown on the boring logs. Borehole Plugging. Upon completion of the borings, the boreholes were backfilled from the top and plugged at the surface. 3.0 LABORATORY TESTING GES performs visual classification and any of a number of laboratory tests, as appropriate, to define pertinent engineering characteristics of the soils encountered. Tests are performed in general accordance with ASTM or other standards and the results included at the respective sample depths on the boring logs or separately tabulated, as appropriate, and included in Appendix C - Boring Logs and Laboratory Results. Laboratory tests and procedures routinely utilized, as appropriate, for geotechnical investigations are tabulated in the following table. Test Procedure Description ASTM D7928 Standard Test Method for Particle -Size Distribution (Gradation) of Fine -Grained Soils Using the Sedimentation (Hydrometer) Analysis ASTM D698 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort ASTM D1140 Standard Test Methods for Amount of Material in Soils Finer than the No. 200 (75-11m) Sieve ASTM D1557 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort ASTM D1883 Standard Test Method for CBR (California Bearing Ratio) of Laboratory -Compacted Soils ASTM D2166 Standard Test Method for Unconfined Compressive Strength of Cohesive Soil GES Project No. 21-0454 Page 3 Test Procedure Description ASTM D2216 Standard Test Method for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass ASTM D2217 Standard Practice for Wet Preparation of Soil Samples for Particle -Size Analysis and Determination of Soil Constants ASTM D2434 Standard Test Method for Permeability of Granular Soils (Constant Head) ASTM D2435 Standard Test Methods for One -Dimensional Consolidation Properties of Soils Using Incremental Loading ASTM D2487 Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System) ASTM D2488 Standard Practice for Description and Identification of Soils (Visual -Manual Procedure) ASTM D2850 Standard Test Method for Unconsolidated-Undrained Triaxial Compression Test on Cohesive Soil ASTM D2937 Standard Test Method for Density of Soil in Place by the Drive -Cylinder Method ASTM D4220 Standard Practices for Preserving and Transporting Soil Samples ASTM D4318 Standard Test Methods for Liquid Limit, Plastic Limit and Plasticity Index of Soils ASTM D4546 Standard Test Methods for One -Dimensional Swell or Settlement Potential of Cohesive Soils ASTM D4643 Standard Test Method for Determination of Water (Moisture) Content of Soil by the Microwave Oven Method ASTM D4644 Standard Test Method for Slake Durability of Shales and Similar Weak Rocks ASTM D4647 Standard Test Method for Identification and Classification of Dispersive Clay Soils by the Pinhole Test ASTM D4718 Standard Practice for Correction of Unit Weight and Water Content for Soils Containing Oversize Particles ASTM D4767 Standard Method for Consolidated Undrained Triaxial Compression Test for Cohesive Soils ASTM D4972 Standard Test method for pH of Soils Manufacturer's Soil Strength Determination Using a Torvane Instructions Tex-145-E Determining Sulfate Content in Soils - Colorimetric Method 4.0 SITE CONDITIONS 4.1 General Review of Aerial Photographs. Historical aerial photographs of the site were reviewed for potential past alterations to the site which could impact geotechnical design conditions. Specifically, aerial photographs were reviewed to visually assess obvious areas of significant past fill on site. Aerial photographs reviewed for this study are identified in the following table and are included in Appendix D - Aerial Photographs. Aerial Photographs Reviewed Year Observations Since Prior Aerial Photograph 1995 The site was partially developed. Two buildings and associated paving areas were noted on the northwest side of the site, as well as residential buildings in the center to GES Project No. 21-0454 Page 4 Aerial Photographs Reviewed south of the site. Additionally, local public access roads and private parking areas were noted across the site. 2001 No visible changes were noted. 2005 No visible changes were noted. 2009 No visible changes were noted. November 2017 One of the two buildings noted previously on the northwest side of the site were removed. Abandoned concrete slab was noted. December 2017 Earthwork activities were noted along the north edge of the site. March 2018 Some earthwork activities were noted on the northeast side of the site. Additionally, the second building previously noted on the northwest side of the site was removed. November 2018 A stockpile was noted on the northeast side of the site. 2020 No visible changes were noted. Site Fills. Due to earthwork and construction, we would expect surficial disturbance of site soils. Our review revealed no obvious areas of significant fill on -site. Potential Existina Foundations. Demolition considerations for the potential existing foundations are provided in Section 5.8. Limitations. Due to the intermittent nature and relatively low resolution of aerial photographs, as well as our lack of detailed information regarding the past land use of the site, our review should not be interpreted as eliminating the possibility of cuts and/or fills on site which could detrimentally affect future construction. Topography. A United States Geological Survey (USGS) topographic map of the site is provided in Appendix E - USGS Topographic Map. Site Photographs. Representative photographs of the site at the time of this investigation are provided in "Appendix F - Site and Pavement Core Photographs". The residential buildings were demolished at the time of our site investigation. With the exception of demolished residential housings, photographed conditions are consistent with the aerial photographs and topographic map. 4.2 Geology Geologic Formation. Based on available surface geology maps and our experience, it appears this site is in the Grayson Marl and Main Street Limestone, undivided Formation, near a mapped contact area with Woodbine Formation. A geologic atlas and USGS formation description are provided in "Appendix G - Geologic Information". Soils within the Grayson Marl and Main Street Limestone, undivided Formation can generally be characterized as marl and limestone. Soils within the Woodbine Formation can generally be characterized as sand, clay, sandstone, and shale. GES Project No. 21-0454 Page 5 Geologic Faults. A geologic fault study was beyond the scope of this investigation. 4.3 Soil/Rock StratiRraphv. Descriptions of the various strata and their approximate depths and thickness per the Unified Soil Classification System (USCS) are provided on the boring logs included in "Appendix C - Boring Logs and Laboratory Results". Terms and symbols used in the USCS are presented in "Appendix H - Unified Soil Classification System". Additionally, representative pavement core photographs of the existing pavement are provided in "Appendix F - Site and Pavement Core Photographs". A summary of the stratigraphy indicated by the borings is provided in the following table. Generalized Subsurface Conditions at Proposed At -Grade Podium Style Apartment Building Locations (Borings B-01 to B-04, B-16 and B-17) Nominal Depth, feet bgs (Except as Noted) General Detailed Description of Top of Bottom of Description Soils/Materials Encountered Layer Layer 0 19 to 30 PREDOMINANTLY Stiff to hard SANDY LEAN CLAY (CL) / CLAYEY SAND LEAN CLAY AND FAT (SC) and very stiff to hard FAT CLAY (CH) / SANDY FAT CLAY WITH SOME CLAY (CH) / FAT CLAY WITH SAND (CH). SAND 19 to 30 30 to 50 WEATHERED SHALE / SHALE Note: Boring Termination Depth = 30 to 50 feet bgs. Note: Gray WEATHERED SHALE at 23- to 30-feet in Boring B-04 ONLY. Soft to hard Gray WEATHERED SHALE / SHALE. Generalized Subsurface Conditions at Proposed Apartment Building Locations (Borings B-05 to B-08) Nominal Depth, feet bgs (Except as Noted) General Detailed Description of Top of Bottom of Description Soils/Materials Encountered Layer Layer 0 15 PREDOMINANTY Very stiff to hard FAT CLAY (CH) / SANDY FAT CLAY FAT CLAY WITH (CH) / FAT CLAY WITH SAND (CH), stiff to hard SANDY SOME LEAN CLAY LEAN CLAY (CL), and stiff to hard CLAYEY SAND (SC) / AND SAND SILTY CLAYEY SAND (SC). Note: Boring Termination Depth = 15 feet bgs. GES Project No. 21-0454 Page 6 Generalized Subsurface Conditions Along the Proposed Public Roads (Borings B-09 to B-15) Nominal Depth, feet bgs (Except as Noted) General Description Detailed Description of Soils/Materials Encountered Top of Bottom of Layer Layer 0 1 PAVEMENT 1 15 PREDOMINANTLY LEAN CLAY AND FAT CLAY WITH SOME SAND Note: Boring Termination Depth = 15 feet bgs. 2- to 2.75-inches ASPHALT over about 10-inch BASE. Firm to hard SANDY LEAN CLAY (CL), very stiff CLAYEY SAND (SC) / SILTY CLAYEY SAND (SC-SM), very stiff to hard FAT CLAY (CH) / FAT CLAY WITH SAND (CH). Swell Potential based on Atterberg Limits. Atterberg (plastic and liquid) limits were performed on 18 shallow soil samples obtained at depths between 2- and 10-feet bgs. The plasticity index of the samples was between 6 and 47 with an average of 26 indicating that the soils have a moderate to high potential for shrinking and swelling with changes in soil moisture content. Swell Tests. Swell tests were performed on selected clay soil samples. Swell test details are provided in "Appendix C - Boring Logs and Laboratory Results". The results of the tests are summarized in the following table. Boring No. Avg. Depth (ft.) Moisture Content, w, % Liquid Limit, LL Plasticity Index, PI Applied Overburden Stress (psi) Swell (%) B-01 5 13 39 23 4.2 0.89 B-01 7 10 37 23 5.8 2.81 B-02 5 14 49 31 4.2 0.01 B-02 7 14 50 31 5.8 1.08 B-03 5 13 65 46 4.2 0.00 B-04 3 18 56 38 2.5 2.64 B-04 7 18 -- -- 5.8 3.61 B-05 5 13 39 25 4.2 0.26 B-06 7 15 36 21 5.8 0.00 Soluble Sulfate Testing. Soluble sulfate testing (Tex-145-E) was performed for this project. The results are summarized in the table below. Boring No. I Depth (feet, bgs) I Sulfate Content (ppm) B-01 0-2 767 B-01 6-8 387 B-02 18-20 3,147 B-03 0-2 500 B-04 6-8 673 B-05 8-10 547 B-08 8-10 407 B-09 2-4 493 GES Project No. 21-0454 Page 7 Boring No. I Depth (feet, bgs) I Sulfate Content (ppm) B-10 6-8 567 B-11 2-4 880 B-12 4-6 480 PH and Electrical Resistivity. Soil pH tests were done according to Tex 128-E, and electrical resistivity tests were conducted according to Tex 129-E. Laboratory results are provided in "Appendix C - Boring Logs and Laboratory Results". The pH and electrical resistivity for the tested samples are summarized in the following tables. Boring No. Sample Depth Soil Electrical Resistivity pH (feet, bgs) at Native Moisture Condition (Ohm -cm) B-09 2-4 587 7.17 B-09 6-8 1,200 6.66 B-11 2-4 3,720 7.48 B-12 4-6 5,420 7.44 B-13 4-6 400 7.29 B-14 4-6 1,960 6.86 B-15 6-8 2,810 7.10 4.4 Groundwater Groundwater Levels. The borings were advanced using auger drilling and intermittent sampling methods in order to observe groundwater seepage levels. Groundwater levels encountered in the borings during this investigation are identified in the following table. Boring No. Depth Groundwater Initially I Encountered (feet, bgs) B-01 25.0 B-02 23.0 B-04 23.0 B-16 28.0 All other borings Not Encountered Groundwater Depth after 15 Minutes (feet, bgs) 23.5 22.5 23.0 25.3 Not Encountered Long-term Groundwater Monitoring. Long-term monitoring of groundwater conditions via piezometers was not performed during this investigation and was beyond the scope of this study. Long-term monitoring can reveal groundwater levels materially different than those encountered during measurements taken while drilling the borings. Groundwater Fluctuations. Future construction activities may alter the surface and subsurface drainage characteristics of this site. It is difficult to accurately predict the magnitude of subsurface water fluctuations that might occur based upon short-term GES Project No. 21-0454 Page 8 observations. The groundwater level should be expected to fluctuate throughout the years with variations in precipitation. 5.0 ANALYSIS AND RECOMMENDATIONS 5.1 Seismic Site Classification The seismic site classification is based on the 2015 International Building Code (IBC) and is a classification of the site based on the type of soils encountered at the site and their engineering properties. Per Table 20.3-1 of ASCE 7-10, the seismic site classification for this site is C. 5.2 Potential Vertical Soil Movements Problem Discussion. Most clay soils swell when subjected to increases in moisture content. Swelling clay soils exert an outward pressure that can easily exceed 5,000 psf when subjected to moisture increases. Swell potential and swell pressures are a function of several factors including clay mineralogy and antecedent moisture condition. Generally, for a given clay soil, the drier the soil the greater its potential to swell and the higher its swell pressure. Conversely, wetter soils generally have a lower potential to swell and have lower swell pressures. The potential for a clay soil to swell is a variable and cannot be separated from its moisture condition. The overburden pressure at a given depth above the groundwater table is calculated as the unit weight of the soil times the depth. For a soil with a unit weight of 125 pcf, the overburden pressure at 10-feet would be 1,250 psf (125 pcf x 10-feet). Thus, the swell pressure can exceed the overburden at depths of over 40-feet. This means soils at 40-feet exposed to changes in moisture can impact movements at the ground surface. For a clay soil to swell or shrink, it must be subjected to increases or decreases in moisture content, respectively. The predominant way clay soils are subjected to increases or decreases in moisture content is the weather. As would be expected, extended periods of wet weather cause soil to get wetter and extended dry weather cause soil to get drier. The longer the period of wet or dry weather, the deeper the influence of the weather. Vegetation also causes variations in soil moisture content. Shallow rooted grass and bushes have a shallower impact, deep rooted trees have a deeper impact. For a clay soil at a given depth to influence surface heave, two things must happen: (1) the soil must be subjected to an increase in moisture, and (2) the swell pressure of the soil must exceed the overburden pressure. Swell is typically calculated by assuming an "active" zone, a depth of soil impacted by weather which predominantly affects surface movements due to GES Project No. 21-0454 Page 9 soil swell. Expansive soils below the active zone are typically ignored as they are assumed to be exposed to lower increases in moisture, experience higher overburden pressures, and have a less significant impact on the surface heave than the soils in the active zone. "Deep-seated" soil movement is swelling of the clay soils below the active zone and above the equilibrium depth. The equilibrium depth is the depth at which the overburden pressure and clay swell pressure are equal. Deep-seated soil movement is caused by changes in moisture that are typically not related to weather or vegetation. They can be caused by man-made influences such as leaking deep water or sewer lines. They can be caused by natural influences such as fluctuations in soil moisture content or groundwater levels. They are notoriously hard to accurately predict and may or may not actually occur. Unless stated otherwise, we have not included the effects of deep-seated soil movement in our Potential Vertical Rise (PVR) calculation. The inclusion of deep-seated soil movement drastically increases the depth of the building pad preparation required and may make a slab -on -grade target PVR of 1-inch theoretically unattainable. The inclusion or exclusion of deep-seated soil movement is a matter of professional opinion, on which there is no consensus among consultants. It is also a matter of risk tolerance and cost, of which, the user of this report is being made aware. As evidenced in this discussion, calculation of PVR is based on soil data, model assumptions, experience, and professional judgment. PVR is a calculated estimate and should not be construed to be an absolute number or a guarantee of performance. PVR can be higher or lower depending on actual site conditions. The PVR estimate we provide is our best estimate of what will be encountered and the user of this report with doubts is encouraged to get another professional opinion prior to using this report. However, based on this discussion, the reader understands variations between the model and reality can introduce significant differences in calculated PVR. The user of this report understands and accepts this risk. If this risk is intolerable, the user of this report should be prepared to utilize a structural slab suspended adequately above the subgrade surface and supported on deep foundations. Differential swelling of clay soil is generally most pronounced around the perimeter of slabs or pavement where weather and/or vegetative influences are greatest. Unstiffened slabs or paving are generally prone to cracking around 5- to 10-feet from and parallel to the slab edge due to differential soil movements. If this expected cracking is unacceptable or needs to be minimized, the structural engineer should consider slab stiffening using grade beams and/or a flexible slab/wall connection design. We should be consulted by the structural engineer for clarifications and input regarding this type of slab movement if it is deemed critical. Maintaining a consistent moisture content in the soil is the key to minimizing both heave and shrinkage related structural problems. Therefore, building maintenance and control of water are paramount in the performance of a slab -on -grade and shallow foundations. PVR or Equivalent Calculations. The PVR or its equivalent can be estimated several ways. GES utilizes the TxDOT method, swell tests, and a Volflo analysis to provide the best possible understanding of expected PVR and its variability. GES Project No. 21-0454 Page 10 Calculated PVR using TxDOT Method Tex-124-E. PVR calculations were performed in general accordance with the Texas Department of Transportation (TxDOT) Method Tex-124-E. The Tex-124-E method is empirical and is based on the Atterberg limits and moisture content of the subsurface soils. The calculated PVR is an empirical estimate of a soil's potential for swell based upon the soil's plasticity index, applied loading (due to structures or overburden), and antecedent moisture condition. The PVR calculated using TxDOT Method Tex-124-E is about 2.5- to 4-inches assuming an average to dry antecedent moisture condition, respectively. The calculated PVR is consistent with soil moisture conditions at the time this investigation was conducted. A 12-feet zone of seasonal moisture variation was used in our analysis based on local experience. Calculated PVR using Swell Test Results. The equivalent PVR based on the swell test results is about 3- to 4-inches. The PVR based on swell test results is dependent on the moisture conditions at the time of testing. A 12-feet zone of seasonal moisture variation was used in our analysis based on local experience. Calculated PVR using Volflo Analvsis. The equivalent PVR based on the Volflo analysis results is about 1.5- to 4-inches. The PVR based on swell test results is dependent on the moisture conditions at the time of testing. A 12-feet zone of seasonal moisture variation was used in our analysis based on local experience. Soil Moisture Confirmation Prior to Construction. The calculated PVR can vary considerably with prolonged wet or dry periods. We recommend the moisture content for the upper X- feet (active zone) of soils within the building pad be assessed for consistency with this report prior to construction if: 1. An extended period of time has elapsed between the performance of this investigation and construction of the foundation, or 2. Unusually wet or dry weather is experienced between the performance of this investigation and construction of the foundation. 5.3 Soluble Sulfates Sulfate/sulfide minerals, when exposed to water, will react with calcium -based additives (lime, cement, and Class CS fly ash) and clay soils to form ettringite. As the mineral ettringite forms, it can expand approximately 2 to 2.5 times its original volume. This process is known as sulfate induced heave and is the cause of swell in the treated subgrade soils and the overlying pavement/slab structure. The table below presents the guidelines provided by the TxDOT for lime treatment and soil sulfate mitigation: GES Project No. 21-0454 Page 11 Soluble Sulfate TxDOT Guidelines for Soil Sulfate Mitigation Concentration (ppm) 0 to 3,000 No restrictions 3,001 to 7,000 In a single application, add the prescribed total amount of lime. Uniformly mix the lime into the soil being treated. Lightly compact the mixture to seal and minimize carbonation. Maintain moisture content above the optimum moisture content of the soil being treated. Three days after the initial addition of lime, determine the soluble sulfate concentration at locations sampled as directed using Tex-145-E, and if the sulfate measurement has been reduced to 3,000 ppm or less, then no additional lime or mellowing time is necessary; however, if sulfate measurement has not been reduced to 3,000 ppm or less, then add 4% additional lime. Uniformly mix the lime into the pretreated soil. Lightly compact the mixture to seal and minimize carbonation and mellow an additional 7 days while maintaining moisture content above optimum. Reprocess the soil -lime mixture to meet the gradation requirements in TxDOT Item 260 - Lime Treatment, Table 1, and compact it at the optimum moisture content. Greater than 7,000 Subgrade soil should NOT be treated by lime. Based on the testing results presented in Section 4.3, the sulfate content of tested soil samples is in the range of 407 ppm to 3,147 ppm indicating that the levels of sulfate are low to high. Additional sulfate screening testing is recommended to be performed on potential material to receive lime treatment prior to construction. 5.4 Soil Corrosion Potential The following table presents general guidelines concerning the corrosion potential of a soil as a function of pH and electrical resistivity. Table below summarizes the corrosion potential for various levels of pH and electrical resistivity, affecting concrete and metal structures, respectively. Electrical Resistivity Corrosion (Ohm -cm)' H p Potential 0 - 1,000 0 - 4.5 Very High 1,000 - 2,000 4.5 - 5.5 High 2,000 - 5,000 5.5 - 6.5 Moderate > 5,000 > 6.5 Mild Note: 1. Values from "Soil Resistivity Measurements and Analysis" by Palmer, J.F.; Materials Performance, Vol. 13 Based on the electrical resistivity test results presented in Section 4.3, the shallow soils at this project site generally have a mild to very high corrosion potential for unprotected steel in direct contact with native soils. Furthermore, the pH level shows the shallow soils at this project site generally have a mild corrosion potential for concrete surfaces in direct contact with native soils. GES Project No. 21-0454 Page 12 5.5 Construction Excavations Applicability. Recommendations in this section apply to short-term construction -related excavations for this project. Sloped Excavations. All sloped short-term construction excavations on -site should be designed in accordance with Occupational Safety and Health Administration (OSHA) excavation standards. Borings from this investigation indicated that the soils may be classified per OSHA regulations as Type B from the ground surface to a depth of 10-feet bgs. Short-term construction excavations may be constructed with a maximum slope of 1:1, horizontal to vertical (H:V), to a depth of 10-feet bgs. If excavations are to be deeper than 10-feet, we should be contacted to evaluate the excavation. Recommendations provided herein are not valid for any long-term or permanent slopes on -site. Shored Excavations. As an alternative to sloped excavations, vertical short-term construction excavations may be used in conjunction with trench boxes or other shoring systems. Shoring systems should be designed using an equivalent fluid weight of 85 pounds per cubic foot (pcf) above the groundwater table and 105 pcf below the groundwater table. Surcharge pressures at the ground surface due to dead and live loads should be added to the lateral earth pressures where they may occur. Lateral surcharge pressures should be assumed to act as a uniform pressure along the upper 10-feet of the excavation based on a lateral earth coefficient of 0.5. Surcharge loads set back behind the excavation at a horizontal distance equal to or greater than the excavation depth may be ignored. We recommend that no more than 200-feet of unshored excavation should be open at any one time to prevent the possibility of failure and excessive ground movement to occur. We also recommend that unshored excavations do not remain open for a period of time longer than 24-hours. Limitations. Recommendations provided herein assume there are no nearby structures or other improvements which might be detrimentally affected by the construction excavation. Before proceeding, we should be contacted to evaluate construction excavations with the potential to affect nearby structures or other improvements. Excavation Monitoring. Excavations should be monitored to confirm site soil conditions consistent with those encountered in the borings drilled as part of this study. Discrepancies in soil conditions should be brought to the attention of GES for review and revision of recommendations, as appropriate. 5.6 Groundwater Control Groundwater was initially encountered at depths as shallow as 23.0-feet bgs in borings during drilling and rose to depths as shallow as 22.5-feet within 15-minutes. If groundwater is GES Project No. 21-0454 Page 13 encountered during excavation, dewatering to bring the groundwater below the bottom of excavations may be required. Dewatering could consist of standard sump pits and pumping procedures, which may be adequate to control seepage on a local basis during excavation. Supplemental dewatering will be required in areas where standard sump pits and pumping is not effective. Supplemental dewatering could include submersible pumps in slotted casings, well points, or eductors. The contractor should submit a groundwater control plan, prepared by a licensed engineer experienced in that type of work. 5.7 Earthwork 5.7.1 Site Preparation In the area of improvements, all concrete, trees, stumps, brush, debris, septic tanks, abandoned structures, roots, vegetation, rubbish and any other undesirable matter should be removed and properly disposed. All vegetation should be removed and the exposed surface should be scarified to an additional depth of at least 6 inches. It is the intent of these recommendations to provide a loose surface with no features that would tend to prevent uniform compaction by the equipment to be used. 5.7.2 Proofroll Building pad and paving subgrades should be proofrolled with a fully loaded tandem axle dump truck or similar pneumatic -tire equipment to locate areas of loose subgrade. In areas to be cut, the proofroll should be performed after the final grade is established. In areas to be filled, the proofroll should be performed prior to fill placement. Areas of loose or soft subgrade encountered in the proofroll should be removed and replaced with engineered fill, moisture conditioned (dried or wetted, as needed) and compacted in place. 5.7.3 Grading and Drainage Every attempt should be made to limit the extreme wetting or drying of the subsurface soils because swelling and shrinkage of these soils will result. Standard construction practices of providing good surface water drainage should be used. A positive slope of the ground away from any foundation should be provided. Ditches or swales should be provided to carry the run-off water both during and after construction. Stormwater runoff should be collected by gutters and downspouts and should discharge away from the buildings. Root systems from trees and shrubs can draw a substantial amount of water from the clay soils at this site, causing the clays to dry and shrink. This could cause settlement beneath grade -supported slabs such as floors, walks and paving. Trees and large bushes should be located a distance equal to at least one-half their anticipated mature height away from grade slabs. GES Project No. 21-0454 Page 14 Lawn areas should be watered moderately, without allowing the clay soils to become too dry or too wet. 5.7.4 Wet Weather/Soft Subgrade Soft and/or wet surface soils may be encountered during construction, especially following periods of wet weather. Wet or soft surface soils can present difficulties for compaction and other construction equipment. If specified compaction cannot be achieved due to soft or wet surface soils, one of the following corrective measures will be required: 1. Removal of the wet and/or soft soil and replacement with select fill, 2. Chemical treatment of the wet and/or soft soil to improve the subgrade stability, or 3. If allowed by the schedule, drying by natural means. Chemical treatment is usually the most effective way to improve soft and/or wet surface soils. GES should be contacted for additional recommendations if chemical treatment is planned due to wet and/or soft soils. 5.7.5 Fill Select Fill. Select fill should consist of soil with a liquid limit less than 35 and a Plasticity Index between 7 and 20. The select fill should be placed in loose lifts not exceeding 8-inches and should be compacted to at least 95 percent maximum dry density (per ASTM D-698) and at a moisture content between optimum and 4 percent above optimum moisture content. The subgrade to receive select fill should be scarified to a depth of 6 inches and compacted to 92 to 96 percent of the material's maximum standard Proctor dry density (ASTM D-698) at a workable moisture level at least 4 percentage points above optimum and placed in loose lifts not exceeding 9 inches. Lime -treated Native Clav Soil. Based on the laboratory testing conducted for this investigation, the native clay on -site soils will not generally meet specifications for select fill outlined in the section titled "Fill". As an alternative to importing select fill, the high plasticity native clay soil may be blended with lime to reduce the plasticity index to meet select fill requirements. Based on our experience, we expect that it will require between 4- and 6- percent lime (by dry unit weight) to reduce the plasticity index of the native clay soils to select fill requirements. Prior to selecting this alternative, lime series tests should be performed to assess the amount of lime required. Lime treatment recommendations provided here assume the subarade soil receiving lime treatment has sulfate concentrations less than 3,000 vom. General Fill. General fill may be placed in improved areas outside of building pad areas. General fill should consist of material approved by the Geotechnical Engineer with a liquid limit less than 50. General fill should be placed in loose lifts not exceeding 8-inches and should GES Project No. 21-0454 Page 15 be uniformly compacted to a minimum of 95 percent maximum dry density (per ASTM D-698) and within ±2 percent of the optimum moisture content. Fill Restrictions. Select fill and general fill should consist of those materials meeting the requirements stated. Select fill and general fill should not contain material greater than 4- inches in any direction, debris, vegetation, waste material, environmentally contaminated material, or any other unsuitable material. Unsuitable Materials. Materials considered unsuitable for use as select fill or general fill include low and high plasticity silt (ML and MH), silty clay (CL-ML), organic clay and silt (OH and OL) and highly organic soils such as peat (Pt). These soils may be used for site grading and restoration in unimproved areas as approved by the Geotechnical Engineer. Soil placed in unimproved areas should be placed in loose lifts not exceeding 10-inches and should be compacted to at least 92 percent maximum dry density (per ASTM D-698) and at a moisture content within ±4 percentage points of optimum. Cautionary Note. It is extremely important that select fill placed within building pads be properly characterized using one or more representative proctor samples. The use of a proctor sample which does not adequately represent the select fill being placed can lead to erroneous compaction (moisture and density) results which can significantly increase the potential for swelling of the select fill. The plasticity index of select fill soils placed during construction should be checked every day to confirm conformance to the project specifications and consistency with the proctor being utilized. 5.7.6 Testing Required Testing and Inspections. Field compaction and classification tests should be performed by GES. Compaction tests should be performed in each lift of the compacted material. We recommend the following minimum soil compaction testing be performed: one test per lift per 2,500 square feet (SF) in the area of the building pad, one test per lift per 5,000 SF outside the building pad, and one test per lift per 100 linear feet of utility backfill. If the materials fail to meet the density or moisture content specified, the course should be reworked as necessary to obtain the specified compaction. Classification confirmation inspection/testing should be performed daily on select fill materials (whether on -site or imported) to confirm consistency with the specifications. Liabilitv Limitations. Since proper field inspection and testing are critical to the design recommendations provided herein, GES cannot assume responsibility or liability for recommendations provided in this report if construction inspection and/or testing is performed by another party. GES Project No. 21-0454 Page 16 5.8 Demolition Considerations Applicability. Recommendations in this section apply to the removal of any existing foundations, utilities or pavement which may be present on this site. General. Special care should be taken in the demolition and removal of existing floor slabs, foundations, utilities and pavements to minimize disturbance of the subgrade. Excessive disturbance of the subgrade resulting from demolition activities can have serious detrimental effects on planned foundation and paving elements. Existing Foundations. Existing foundations are typically slabs, shallow footings, or drilled piers. If slab or shallow footings are encountered, they should be completely removed. If drilled piers are encountered, they should be cut off at an elevation at least 24-inches below proposed grade beams or the final subgrade elevation, whichever is deeper. The remainder of the drilled pier should remain in place. Foundation elements to remain in place should be surveyed and superimposed on the proposed development plans to determine the potential for obstructions to the planned construction. GES should be contacted if drilled piers are to be excavated and removed completely. Additional earthwork activities will be required to make the site suitable for new construction if the piers are to be removed completely. Existing Utilities. Existing utilities and bedding to be abandoned should be completely removed. Existing utilities and bedding may be abandoned in place if they do not interfere with planned development. Utilities which are abandoned in place should be properly pressure -grouted to completely fill the utility. Backfill. Excavations resulting from the excavation of existing foundations and utilities should be backfilled in accordance with Section 5.7.5 - Fill. Other Buried Structures. Other types of buried structures (wells, cisterns, etc.) could be located on the site. If encountered, GES should be contacted to address these types of structures on a case -by -case basis. 5.9 Loading on Buried Structures Uplift. Buried water -tight structures are subjected to uplift forces caused by differential water levels adjacent to and within the structure. Soils with any appreciable silt or sand content will likely become saturated during periods of heavy rainfall and the effective static water level will be at the ground surface. For design purposes, we recommend the groundwater level be assumed at the ground surface. Resistance to uplift pressure is provided by soil skin friction and the dead weight of the structure. Skin friction should be neglected for the upper 3 feet of soil. A skin friction of 200 pounds per square foot (psf) may be used below a depth of 3 feet. GES Project No. 21-0454 Page 17 Lateral Pressure. Lateral pressures on buried structures due to soil loading can be determined using an equivalent fluid weight of 105 pcf. This includes hydrostatic pressure but does not include surcharge loads. The lateral load produced by a surcharge may be computed as 50 percent of the vertical surcharge pressure applied as a constant pressure over the full depth of the buried structure. Surcharge loads located a horizontal distance equal to or greater than the buried structure depth may be ignored. Vertical Pressure. Vertical pressures on buried structures due to soil loading can be determined using an equivalent fluid weight of 125 pcf. This does not include surcharge loads. The vertical load produced by a surcharge may be computed as 100 percent of the vertical surcharge pressure applied as a constant pressure over the full width of the buried structure. 5.10 Retaining Structures Applicabilitv. GES was not notified of any specific retaining structures in conjunction with this project. Recommendations provided in this section are applicable to structures 5-feet or less in height. Retaining structures in excess of 5-feet should be brought to the attention of GES for a more detailed assessment. It is imperative that global stability be reviewed by GES on anv retaining structure in excess of 5-feet in height. Lateral Pressure. Lateral pressures on retaining structures due to soil loading can be determined using an equivalent fluid weight of 85 pcf if fill behind the wall is free -draining and above the groundwater table and 105 pcf if fill behind the wall is not free draining or is below the groundwater table. This does not include surcharge loads. This also assumes a horizontal ground surface behind the structure. The lateral load produced by a surcharge may be computed as 50 percent of the vertical surcharge pressure applied as a constant pressure over the full depth of the buried structure. Surcharge loads set back behind the retaining structure at a horizontal distance equal to or greater than the structure height may be ignored. Lateral Resistance. Resistance to lateral loads may be provided by the soil adjacent to the structure. We recommend using an equivalent fluid weight of 100 pcf for lateral resistance (using a Factor of Safety of 3). An allowable coefficient of sliding friction of 0.2 (using a Factor of Safety of 2) between the retaining structure concrete footings and underlying soil may be combined with the passive lateral resistance. Beariniz Capacity. Assuming a minimum embedment depth of 24-inches, an allowable bearing capacity of 2,000 psf may be used for retaining structure footings (using a Factor of Safety of 3). GES Project No. 21-0454 Page 18 5.11 Buried Pipe Applicability. Recommendations in this section are applicable to the design of buried piping placed by open cut methods associated with this project. Pressure on Buried Pipe. Design recommendations provided in the "Loading on Buried Structures" section of this report apply to buried piping. Thrust Restraints. Resistance to lateral forces at thrust blocks will be developed by friction developed along the base of the thrust block and passive earth pressure acting on the vertical face of the block. We recommend a coefficient of base friction of 0.23 (using a Factor of Safety of 2) along the base of the thrust block. Passive resistance on the vertical face of the thrust block may be calculated using the allowable passive earth pressures presented in the following table. Allowable Passive Earth Pressure by Material Type Material Allowable Passive Pressure (psf) Native Clay and Clayey Sand 21000 Compacted Clay Fill 1,500 Note: 1. Passive resistance should be neglected for any portion of the thrust block within 3 feet of the final site grade. The allowable passive resistance for native clays is based on the thrust block bearing directly against vertical, undisturbed cuts in these materials. Bedding and Backfill. Pipe bedding and pipe -zone backfill for the water and sanitary sewer piping should be in accordance with TxDOT standard specification Item 400 or the local equivalent. The pipe -zone consists of all materials surrounding the pipe in the trench from six (6) inches below the pipe to 12 inches above the pipe. Trench Backfill. Excavated site soils will be utilized to backfill the trenches above the pipe -zone. Backfilled soil should be placed in loose lifts not exceeding 8-inches and should be compacted to at least 95 percent maximum dry density (per ASTM D-698) and at a moisture content between optimum and 4 percent above optimum moisture content. Trench Settlement. Settlement of backfill should be anticipated. Even for properly compacted backfill, fills in excess of 8 to 10 feet are still subject to settlements over time of about 1 to 2 percent of the total fill thickness. This level of settlement can be significant for fills beneath streets. Therefore, close coordination and monitoring should be performed to reduce the potential for future movement. GES Project No. 21-0454 Page 19 5.12 Slab -on -Grade Site Grading. The site grading plan was not available at the time of writing this report. Our recommendations provided herein assumes cuts and fills of less than 1-foot will be required to bring the site to grade. When the site grading plan is available, we should be notified and allowed to review the site grading plan to assess and modify our recommendations, as necessary. Potential Vertical Slab Movements. Based on the information gathered during this investigation, a slab constructed on -grade may be subject to potential vertical slab movements of up to about 4-inches. Subgrade Treatment Using Moisture Conditioned Soil. The depth of subgrade treatment is dependent on desired post -construction PVR. The following table presents recommended depth of subgrade treatment to reduce the post -construction PVR to 4-inches. Subgrade Treatment - Moisture Conditioning PVR Thickness of Cap Thickness of Moisture Conditioned (inches) (Lime Stabilized or Flexible Base) Soil below Lime Cap (inches) 1,1,1, a, 11 (feet) e 1 8 10 Notes: 1. Depth measured below bottom of the slab -on -grade, 2. Lime should be applied at a minimum rate of 36 pounds per square yard for a depth of 8-inches. Lime stabilization should be performed in accordance with TxDOT Standard Specifications, Item 260, "Lime Stabilized Subgrade", or local equivalent. 3. Lime treatment recommendations provided here assume the subgrade soil receiving lime treatment has sulfate concentrations less than 3,000 ppm. Based on the testing results presented in Section 4.3, the sulfate content of tested soil samples is in the range of 407 ppm to 3,147 ppm indicating that the levels of sulfate are low to high. The identification of sulfate sources often occurs in seams and stratified pockets and can occur in small, localized areas, thus additional onsite sulfate testing is recommended during construction and after the site is graded. 4. As an alternate, flexible base may be used to the same depths as recommended for lime stabilization. Flexible base should consist of crushed aggregate base meeting TxDOT Standard Specifications, Item 247, Grade 1-2, Type D, or local equivalent. Flexible base should be compacted to at least 95 percent maximum dry density (per ASTM D-698) and within ±2 percent of the optimum moisture content. 5. Depending on k-value requirements for proposed slab -on -grade, the thickness of lime cap/ flexible base layer may be adjusted. Our office should be contacted to reassess the recommended thicknesses for specific project -based loading conditions. 6. The moisture conditioned native clay soil should be compacted to 92 to 96 percent of the material's maximum standard Proctor dry density (ASTM D-698) at a workable moisture level at least 4 percentage points above optimum and placed in loose lifts not exceeding 9 inches. Subgrade treatment should extend at least 5-feet horizontally beyond the perimeter of the building. Subgrade Treatment at Exterior Doorways. Subgrade treatment should extend beneath sidewalk areas that abut exterior doorways to the building. Failure to perform subgrade GES Project No. 21-0454 Page 20 treatment in these areas can increase the probability of differential heaving between exterior sidewalks and doorways, resulting in exterior doors that will not or have difficulty opening outward due to "sticking" caused by heaving sidewalk slabs. Subgrade Moisture. The slab subgrade is prone to drying after being exposed and should be kept moist prior to slab placement. Moisture Barrier. A moisture barrier should be used beneath the slab foundation in areas where floor coverings will be utilized (such as, but not limited to, wood flooring, tile, linoleum, and carpeting). Slab Deflection Analvsis. Coefficient of subgrade reaction, k, values are soil, load, and settlement dependent. Upon request by the Structural Engineer for this project, k value recommendations will be provided for the specific loading application in question. 5.13 Foundation System Appropriate Foundation Twes. The following foundation types are appropriate to the site based on the geotechnical conditions encountered: • Slab foundation for apartment buildings. • Straight -shaft drilled piers for podium type buildings. Foundations Adiacent to Slopes. Foundations placed too close to adjacent slopes steeper than 5H:1V may experience reduced bearing capacities and/or excessive settlement. Recommendations provided herein assume foundations are not close enough to adjacent slopes in excess of 5H:1V to be detrimentally affected. Therefore, foundations closer than 5 times the depth of adjacent slopes, pits, or excavations in excess of 5H:1V should be brought to our attention in order that we may review the appropriateness of our recommendations. Site Grading. The site grading plan was not available at the time of writing this report. Our recommendations provided herein assumes cuts and fills of less than 1-foot will be required to bring the site to grade. When the site grading plan is available, we should be notified and allowed to review the site grading plan to assess and modify our recommendations, as necessary. 5.13.1 Slab Foundation General. The proposed apartment buildings can be supported on a reinforced ground - supported slab foundation. The slab foundation should be conventionally reinforced or post - tension reinforced. The slab foundation should be designed with exterior and interior grade beams adequate to provide sufficient rigidity to the foundation system to sustain the vertical GES Project No. 21-0454 Page 21 soil movements expected at this site as described above. All grade beams and floor slabs should be adequately reinforced with steel to minimize cracking as normal movements occur in the foundation soils. Bearing Capacity. The slab should be designed using a net dead load plus sustained live load bearing pressure of 1,500 psf or a net total load pressure of 2,250 psf, whichever condition results in a larger bearing surface. These bearing pressures are based on a safety factor of 3 and 2, respectively, against shear failure of the foundation bearing soils. Foundation Depth. Grade beams should be founded a minimum of 18 inches below surrounding grade (supported on moisture conditioned soils, depending on the subgrade treatment implemented). The bottom of the beam trenches should be free of any loose or soft material prior to the placement of the concrete. PTI Recommendations. A slab constructed on -grade will be subject to potential slab movements of up to about 4-inches based upon the information gathered during this investigation. Subgrade treatment (excavation of natural ground and replacement with moisture conditioned native clay soils) shall be performed to reduce the PVR to 1-inch. Subgrade treatment recommendations are provided in the section titled "Slab -on -Grade". The recommended foundation design parameters based on information published in the Post Tensioning Institute (PTI) Design of Post -Tensioned Slabs -on -Ground, 3rd Edition, are as follows: Allowable PVR Foundation Design Parameters per PTI 3rd Edition in Inches Edge Moisture Variation Distance Differential Soil Movement (per Structural (feet) (inches) Engineer) Center Lift Edge Lift Center Lift Edge Lift 1 8.0 4.0 1.2 1.0 IMPORTANT: The above foundation design parameters assume the suggested subgrade treatment provided in the Slab -on -Grade section has been performed. The recommended foundation design parameters are applicable to climate -controlled soil conditions only. These parameters are not applicable when non -climate related factors, such as vegetation, landscaping, trees, drainage, construction methods, land use, or other factors, may influence soil movement. GES should be contacted to evaluate the effect of non -climate related factors. Deflection Analvsis. Slab deflections should be analyzed per recommendations provided in Section 5.12 - "Slab on Grade". 5.13.2 Straight Shaft Drilled Piers General Requirement: The proposed podium style buildings may be supported using straight - shaft piers (auger -excavated, steel reinforced, cast -in -place concrete piers), if GES Project No. 21-0454 Page 22 recommendations in the section entitled "Slab -on -Grade" is followed. Drilled piers should be a minimum of 18-inches in diameter. Piers should have adequate embedment depth to develop the required axial capacity and uplift/lateral resistance. Our office should be contacted to review the foundation plans prior to finalizing the design to check conformance with the recommendations presented herein. The pier excavation and installation operations should be observed in the field by GES. Axial Resistance. For design of the drilled shaft foundations, we recommend the following geotechnical parameters: Axial Capacities of Drilled Piers Depth Effective Soil Allowable Allowable (ft, bgs) i Soil Type Unit Weight Skin Friction End Bearing Top of Layer Bottom of (pcf) z (psf)3 Capacity I Layer (psf) 4 & s 0 12 Moisture 125 Ignore - Conditioned Clay 12 20 Clayey Soil 125 800 6,000 Clayey / 20 40 65 Weathered Shale 1,000 8,000 40 50 Weathered Shale 65 1,500 15,000 / Shale Note: 1. Depth below final ground surface, 2. Effective soil unit weight based on assumed groundwater depth of 20-feet bgs, 3. Allowable Skin Friction based on a factor of safety = 2, 4. Allowable End Bearing Capacity based on a factor of safety = 2, 5. Recommendations assume the foundation depth is greater than or equal to 4 times the foundation width. Axial resistance of straight drilled shaft piers should be ignored within the moisture conditioned soil. Final wadinci plan must be reviewed by GES to evaluate the appropriateness of our recommendations. Uplift. The uplift force on the piers due to swelling of the active clays can be approximated by assuming a uniform uplift pressure of 800 psf acting over the perimeter of the shaft to a depth of 12 feet. The shafts should contain sufficient full-length reinforcing steel to resist uplift forces. Lateral Resistance. For resistance of lateral loads on straight shaft drilled piers, we recommend the following LPILE design parameters. GES Project No. 21-0454 Page 23 Material Type LPILE Parameters 2 Depth (feet bgs) 1 Soil Type: Medium Clay Moisture Conditioned Clay Fill Effective Soil Unit Weight: 125 pcf (0 to 2 feet) Undrained Shear Strength: Ignore Strain @ % Peak Strength (Eso): Ignore p-y Modulus (k): Ignore Soil Type: Medium Clay Moisture Conditioned Clay Fill Effective Soil Unit Weight: 125 pcf (2 to 11 feet) Undrained Shear Strength: 800 Strain @ % Peak Strength (Eso): 0.01 p-y Modulus (k): 100 pci Soil Type: Very Stiff Clay Clayey Soil / Weathered Shale / Effective Soil Unit Weight: 125 pcf Shale Undrained Shear Strength: 2,500 (11 to 50 feet) Strain @ % Peak Strength (Eso): 0.005 p-y Modulus (k): 1,000 pci (static): 400 pci (cyclic) Note: 1. Depth below final ground surface. 2. Effective soil unit weight based on assumed groundwater depth of 20-feet bgs. Lateral resistance of piers should be ignored up to 2-feet below the top of the piers (bottom of the pier caps). Pier Spacing. To utilize recommended axial capacities, piers should have a minimum center - to -center spacing of at least 3 pier diameters. Closer pier spacing should be reviewed by GES on a case -by -case basis and will result in lower individual pier capacities. An evaluation of lateral group effects may also be required. Settlement: Foundation settlement for drilled piers constructed as described herein should be about 1-inch or less. Groundwater: Groundwater was initially encountered at depths as shallow as 24.0-feet bgs in borings during drilling, rose to depths as shallow as 23.6-feet within 15-minutes. Groundwater may be encountered during pier excavation and the risk of groundwater seepage is increased during or after periods of precipitation. Submersible pumps may be capable of controlling seepage in the pier excavation to allow for concrete placement. Applicable TxDOT Standards: Drilled pier foundations should be constructed in accordance with the requirements of TxDOT Item 416 (standard specification for construction of drilled pier foundations). This specification includes requirements for construction using casing or the slurry displacement method, as appropriate. Construction Observation: The construction of all piers should be observed to verify compliance with design assumptions and to verify: GES Project No. 21-0454 Page 24 1. the bearing stratum; 2. the removal of all smear zones and cuttings; 3. that groundwater seepage, when encountered, is correctly handled; 4. that the shafts are vertical (within acceptable tolerance); and 5. ensure that the top of the shafts in contact with clay are not enlarged (mushroom shaped). Concrete Placement: Concrete should be placed immediately after the excavation has been completed. In no event should a pier excavation be allowed to remain open for more than 8 hours. Concrete should have a slump of 5 to 7 inches and should not be allowed to strike the shaft sidewall or steel reinforcement during placement. 5.14 Structural Slab In lieu of the construction of a slab -on -grade which requires subgrade treatment to reduce the PVR to 1-inch or less, a structural floor slab supported on piers installed as previously described may be utilized. If a structural floor slab is to be installed, a minimum 8-inch void space between the bottom of the slab or grade beams and the underlying ground surface should be maintained. 5.15 Private Pavement Recommendations for rigid pavement and preparation of the pavement subgrade in private area are provided in the following sections. A traffic study indicating the number and type of vehicles on which to base the pavement design was not provided. Therefore, our recommendations are based upon our experience with similar projects assuming normal vehicular loading. Any unusual loading conditions should be brought to our attention prior to finalizing the pavement design so that we may assess and modify our recommendations as necessary. 5.15.1 Private Rigid Pavement Portland cement concrete (PCC) with a minimum 28-day compressive strength of 3,500 pounds per square inch (psi) should be utilized for rigid pavement. Grade 60 reinforcing steel should be utilized in the transverse and longitudinal directions. The following pavement thicknesses and reinforcing are recommended: GES Project No. 21-0454 Page 25 Paving Use Thickness Reinforcing (inches) Parking Areas for Automobiles and Light Trucks Drive Lanes and Areas Subjected to Light to Medium Trucks Areas Receiving Heavy Trucks and Dumpsters 5 No. 3 bars spaced on 24-inch intervals or 12 x 12 - W5 x W5 welded wire fabric 6 No. 3 bars spaced on 18-inch intervals or 12 x 12 - W6 x W6 welded wire fabric 7 No. 3 bars spaced on 18-inch intervals or 12 x 12 - W6.5 x W6.5 welded wire fabric Contraction joints should be spaced at about 24 times the pavement thickness up to a maximum of 15 feet in any direction. Saw cut control joints should be cut within 6 to 12 hours of concrete placement. Expansion joints should be spaced as necessary and should be placed where the pavement abuts any structure. Dowels should have a diameter equal to 1/8 the slab thickness, be spaced on 12-inch intervals, and be embedded at least 9-inches. Where not specified herein, concrete pavement should comply with Texas Department of Transportation (TxDOT) Standard Specifications, Item 360, "Concrete Pavement", or local equivalent. 5.15.2 Private Pavement Subgrade Potential Vertical Soil Movements. We have assumed that site treatment as recommended in Section 0 - "Slab -on -Grade" will not be performed within the pavement areas for this project. As a result, pavements will be subjected to the calculated PVR for this site. Based on the information gathered during this investigation, a pavement constructed on -grade will be subject to potential vertical movements of up to about 4-inches. Because heave is generally associated with a source of water, it can occur differentially. Edge lift, excessive cracking, corner breaks, and poor ride quality are just a few of the many examples of pavement issues that can occur when in -situ PVR values are high. We should be contacted to provide PVR mitigation strategies to help reduce potential movements if desired. Strategies available for reducing potential soil movements include soil stabilization with lime or cement, removal of the on -site expansive soils and replacement with select fill or moisture conditioned soil. High plasticity clay is expected to be encountered or exposed at pavement subgrade. The pavement subgrade should be placed in loose lifts not exceeding 8-inches and should be uniformly compacted to a minimum of 95 percent maximum dry density (per ASTM D-698) and within ±2 percent of the optimum moisture content. We recommend the subgrade be stabilized using the following: Reagent Application Rate Application Depth (pounds per square yard) (inches) Lime 27 6 Lime stabilization should be performed in accordance with TxDOT Standard Specifications, Item 260, "Lime Stabilized Subgrade", or local equivalent. Lime treatment recommendations provided here assume the subgrade soil receiving lime treatment has sulfate concentrations less than 3,000 ppm. Based on the testing results presented in Section 4.3, the sulfate content GES Project No. 21-0454 Page 26 of tested soil samples is in the range of 407 ppm to 3,147 ppm indicating that the levels of sulfate are low to high. As an alternate, flexible base can be used in lieu of lime stabilization and to the same depths recommended for lime stabilization. Flexible base should consist of crushed aggregate base meeting TxDOT Standard Specifications, Item 247, Grade 1-2, Type D, or local equivalent. Flexible base should be compacted to at least 95 percent maximum dry density (perASTM D-698) and within +2 percent of the optimum moisture content. 5.16 Public Roads General. Recommendations for rigid pavement and preparation of the pavement subgrade are provided for the proposed public roads in accordance with City of Fort Worth Pavement Design Manual (dated January 19, 2015) in the following sections. Based on the provided information by the Client, we understand the proposed public roadways are classified as "Collector" and "Residential -Urban". A traffic study indicating the number and type of vehicles on which to base the pavement design was not provided. Therefore, our recommendations are based upon City of Fort Worth Pavement Design Manual and our experience with similar projects assuming normal vehicular loading. The WinPAS computer program developed based on AASHTO 1993 design guidelines and distributed by the American Concrete Pavement Association (ACPA) was used for our analysis. 5.16.1 Rigid Pavement Design Parameters. The following design parameters were used in our analysis for the proposed pavement design. The values are based on the 1993 AASHTO Pavement Design Manual, the 2015 City of Fort Worth Pavement Design Manual and our experience with similar projects. GES Project No. 21-0454 Page 27 Pavement Design Parameters - Residential Road Parameter I Description/ Design Input Value Street Classification Residential (High Volume) Pavement Design Life 25 Annual ESALs (One Direction) 35,000 Percent Growth Rate 0.5 Total Design ESALs 971,500 Subgrade Soil Lean Clay (CL) and Fat Clay (CH) Subgrade Stabilization Lime Stabilized Subgrade Stabilization Thickness Minimum 8-inches Subgrade Soil California Bearing Ratio (CBR) 3 Subgrade Soil Resilient Modulus, MR (psi) 41118 Lime Stabilized Subgrade California Bearing Ratio (CBR) 15.0 Lime Stabilized Subgrade Resilient Modulus, MR (psi) 12,392 Loss of Support 0.0 Depth to Rigid Foundation (Bedrock) (feet) > 10 Composite Modulus of Subgrade Reaction (k) 221 pci Initial Serviceability 4.5 Terminal Serviceability 2.25 Reliability 90% Standard Deviation 0.39 Drainage Coefficient i 1.0 Load Transfer Coefficient 3.0 Minimum 28-day Concrete Compressive Strength (psi) 4,000 Concrete Modulus of Elasticity (psi) 4,000,000 Minimum 28-day Concrete Flexural Strength (psi) 620 Reinforcing Steel Grade 60 Notes: 1. Drainage coefficient for subgrade assumes that good drainage quality prevails over the life of the pavement. GES Project No. 21-0454 Page 28 Pavement Design Parameters - Collector Road Parameter I Description/ Design Input Value Street Classification Collector Road Pavement Design Life 25 Annual ESALs (One Direction) 100,000 Percent Growth Rate 1.5 Total Design ESALs 3,045,900 Subgrade Soil Lean Clay (CL) and Fat Clay (CH) Subgrade Stabilization Lime Stabilized Subgrade Stabilization Thickness Minimum 8-inches Subgrade Soil California Bearing Ratio (CBR) 3 Subgrade Soil Resilient Modulus, MR (psi) 41118 Lime Stabilized Subgrade California Bearing Ratio (CBR) 15.0 Lime Stabilized Subgrade Resilient Modulus, MR (psi) 12,392 Loss of Support 0.0 Depth to Rigid Foundation (Bedrock) (feet) > 10 Composite Modulus of Subgrade Reaction (k) 221 pci Initial Serviceability 4.5 Terminal Serviceability 2.25 Reliability 90% Standard Deviation 0.39 Drainage Coefficient i 1.0 Load Transfer Coefficient 3.0 Minimum 28-day Concrete Compressive Strength (psi) 4,000 Concrete Modulus of Elasticity (psi) 4,000,000 Minimum 28-day Concrete Flexural Strength (psi) 620 Reinforcing Steel Grade 60 Notes: 1. Drainage coefficient for subgrade assumes that good drainage quality prevails over the life of the pavement. Pavement Thickness and Reinforcement: The following pavement thicknesses and reinforcing are recommended: Roadway Classification Thickness (inches) Reinforcing Collector 8 No. 3 bars spaced on 18-inch intervals Residential 6.5 No. 3 bars spaced on 18-inch intervals The output results for the above pavement thicknesses are provided in the Appendix I - WinPAS Design Output. Pavement Joints. Pavement joints should be designed and constructed per City of Fort Worth Pavement Design Manual. GES Project No. 21-0454 Page 29 5.16.2 Pavement Subgrade Potential Vertical Soil Movements. We have assumed that site treatment as recommended in Section 0 - "Slab -on -Grade" will not be performed within the pavement areas for this project. As a result, pavements will be subjected to the calculated PVR for this site. Based on the information gathered during this investigation, a pavement constructed on -grade will be subject to potential vertical movements of up to about 4-inches. Because heave is generally associated with a source of water, it can occur differentially. Edge lift, excessive cracking, corner breaks, and poor ride quality are just a few of the many examples of pavement issues that can occur when in -situ PVR values are high. We should be contacted to provide PVR mitigation strategies to help reduce potential movements if desired. Strategies available for reducing potential soil movements include soil stabilization with lime or cement, removal of the on -site expansive soils and replacement with select fill or moisture conditioned soil. Sulfate Induced Heave. Discussions and the recommendations addressing the sulfate induced heave are provided in Section 5.3. Subgrade Preparation. Lean clay and fat clay are generally expected to be encountered or exposed at pavement subgrade. The pavement subgrade should be protected and maintained in a moist condition until the pavement is placed. The pavement subgrade should be placed in loose lifts not exceeding 8-inches and should be uniformly compacted to a minimum of 95 percent maximum dry density (per ASTM D-698) and within ±2 percent of the optimum moisture content. We recommend the subgrade be stabilized using the following. The recommendations below are for planning purposes only and must be verified with Proctor data and lime series tests on the raw subgrade material at the time of construction. Reagent Application Rate Application Depth (pounds per square yard) (inches) Lime 48 (8% Lime) 8 Lime stabilization should be performed in accordance with TxDOT Standard Specifications, Item 260, "Lime Stabilized Subgrade", or local equivalent. 6.0 GENERAL COMMENTS Data Assumptions. By necessity, geotechnical engineering design recommendations are based on a limited amount of information about subsurface conditions. In the analysis, the geotechnical engineer must assume subsurface conditions are similar to those encountered in the borings. The analyses, conclusions and recommendations contained in this report are based on site conditions as they existed at the time of the field investigation and on the assumption that the exploratory borings are representative of the subsurface conditions GES Project No. 21-0454 Page 30 throughout the site; that is, the subsurface conditions everywhere are not significantly different from those disclosed by the borings at the time they were completed. Subsurface Anomalies. Anomalies in subsurface conditions are often revealed during construction. If during construction, different subsurface conditions from those encountered in our borings are observed, or appear to be present in excavations, we must be advised promptly so that we can review these conditions and reconsider our recommendations where necessary. Chanize of Conditions. If there is a substantial lapse of time between submission of this report and the start of the work at the site, if conditions have changed due either to natural causes or to construction operations at or adjacent to the site, or if structure locations, structural loads or finish grades are changed, we should be promptly informed and retained to review our report to determine the applicability of the conclusions and recommendations, considering the changed conditions and/or time lapse. Design Review. GES, Inc. should be retained to review those portions of the plans and specifications for this particular project that pertain to earthwork and foundations as a means to determine whether the plans and specifications are consistent with the recommendations contained in this report. Construction Materials Testin.Q and Inspection. GES should be retained to observe earthwork and foundation installation and perform materials evaluation and testing during the construction phase of the project. This enables GES's geotechnical engineer to stay abreast of the project and to be readily available to evaluate unanticipated conditions, to conduct additional tests if required and, when necessary, to recommend alternative solutions to unanticipated conditions. It is proposed that construction phase observation and materials testing commence by the project geotechnical engineer (GES) at the outset of the project. Experience has shown that the most suitable method for procuring these services is for the owner to contact directly with the project geotechnical engineer. This results in a clear, direct line of communication between the owner and the owner's design engineers and the geotechnical engineer. Report Recommendations are Preliminarv. Until the recommended construction phase services are performed by GES, the recommendations contained in this report on such items as final foundation bearing elevations, final depth of undercut of expansive soils for non - expansive earth fill pads and other such subsurface -related recommendations should be considered as preliminary. Liabilitv Limitation. GES cannot assume responsibility or liability for recommendations provided in this report if construction inspection and/or testing recommended herein is performed by another party. GES Project No. 21-0454 Page 31 Warrantv. This report has been prepared for the exclusive use of the Client and their designated agents for specific application to design of this project. We have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended. GES Project No. 21-0454 Page 32 Appendix A - Project Location Diagrams PROJECT LOCATION DIAGRAM - LOCAL GES Project No. 21-0454 Hughes House El Appendix B - Boring Location Diagram APARTMENT BUILDINGS BORING LOCATION DIAGRAM Legend � p a 6 � •- 1 Apartment Building Borings 611, r Tr 14. s F. r F --Z >t,+ ti l o Mir_ v- oa GES Project No. 21-0454 Hughes House El PUBLIC ROAD BORING LOCATION DIAGRAM - J - Legend Public Road. Borings 1. +I Im i <-w a I t GES Project No. 21-0454 Hughes House Appendix C - Boring Logs and Laboratory Results Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 9/14/21 COMPLETED 9/14/21 CONTRACTOR GES METHOD Auqer 0 - 30 feet LOGGED BY Jerry CHECKED BY R.K. NOTES U ~a0 a ^ 0 W < J � O 0 MATERIAL DESCRIPTION SANDY LEAN CLAY (CL) / CLAYEY SAND (SC) - Stiff to hard, light gray and light brown, with iron nodules. Light brown and reddish brown at 6- to 8-feet. Light gray and light brown at 8- to 10-feet. BORING NUMBER B-01 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING a INITIALLY ENCOUNTERED 25.0 ft 1 AFTER 15 MIN. 23.4 ft AFTER --- ATTERBERG W o Z w� wZa >LWm w o LIMITS W LZn 0u2 — - x O � o 0m0> o'Z H 7U Hw L)" <Z W Oz 0 O U� 0a 0 2O d Jz Z d u_ IST 3.00 3 ST 4.50+ ST 4.50+ 13 39 16 23 57 ST 4.50+ 10 37 14 23 45 ST 2.00 FAT CLAY (CH) - Very stiff to hard, shaley, light gray and light brown, with iron nodules. LST LST LST ST 4.50 3.7 6.1 109 20 4.50+ 4.50+ 4.50+ 20 Bottom of hole at 30.0 feet. Gorrondona Engineering Services BORING NUMBER B-02 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone:817-496-1424 PAGE 1 OF 1 CLIENT McCormack Baron Salazar Development Inc. PROJECT NAME Huqhes House PROJECT NUMBER 21-0454 PROJECT LOCATION Fort Worth, Texas DATE STARTED 9/14/21 COMPLETED 9/14/21 GROUND ELEVATION NORTHING CONTRACTOR GES GROUND WATER LEVELS: EASTING METHOD Auqer 0 - 30 feet a INITIALLY ENCOUNTERED 23.0 ft LOGGED BY Jerry CHECKED BY R.K. 1 AFTER 15 MIN. 22.5 ft NOTES AFTER --- ATTERBERG U W }W o z tnW d Zv �n w o LIMITS W H a- a 0 MATERIAL DESCRIPTION � g > C0'1 0� Q w w >� �' �, _� z n W 0� H� U X O o p �� o 0� m0> Y W` E o �" u~j � 7) �g two O" 0 W Uz 0 U� 0a 0 2O dJ Z �z J? 0 a LL SANDY LEAN CLAY (CL) - Very stiff, brown and _ light gray. ST 4.50 ST 4.50 13 %. Light gray and light brown at 4- to 6-feet. - ' 1 ST 4.50 14 49 18 31 61 I / SANDY FAT CLAY (CH) -Very stiff, light gray _ and light brown, with iron nodules. ST 4.50 14 50 19 31 55 CLAYEY SAND (SC) - Light brown and brown. FAT CLAY (CH) - Firm to hard, shaley,light gray and light brown. With sand seams at 23- to 25-feet. ST LST ST 4.50 3.7 8.2 115 18 ST 1.50 ST 4.50+ 4.2 7.6 126 10 Bottom of hole at 30.0 feet. Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 9/12/21 COMPLETED 9/12/21 CONTRACTOR GES METHOD Auqer 0 - 30 feet LOGGED BY Jerry CHECKED BY R.K. NOTES U 2 a- Z IL J MATERIAL DESCRIPTION C� 0 CLAYEY SAND (SC) - Light brown. FAT CLAY (CH) / FAT CLAY WITH SAND (CH) - Very stiff, light gray ad light brown, with iron nodules. With sand seams at 8- to 10-feet. With gypsum crystals at 13- to 20-feet. SHALEY below 23-feet. BORING NUMBER B-03 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING INITIALLY ENCOUNTERED Not Encountered AFTER 15 MIN. Not Encountered AFTER --- ATTERBERG a o z a Z w o LIMITS W wm w� 0 un > �L .��' Z U HZ o v 5x O� —12 d2 �� m0> LuZt- W` n.I E n �H �~ U~ -w L) - �Z UZ p U� Ua 0 2O d-J J? Z d u_ ALI 10 ST 4.50 ST 4.50 13 65 19 46 84 ST 4.50 ST 4.50 14 ST 3.50 ST 4.50 ST 4.50 2.9 10.4 112 19 ST 4.50 Bottom of hole at 30.0 feet. Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 9/12/21 COMPLETED 9/12/21 CONTRACTOR GES METHOD Auqer 0 - 30 feet LOGGED BY Jerry CHECKED BY R.K. NOTES U ~a0 a ^ 0 W < J � O 0 N MATERIAL DESCRIPTION BORING NUMBER B-04 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING a INITIALLY ENCOUNTERED 23.0 ft 1 AFTER 15 MIN. 23.0 ft AFTER --- ATTERBERG W o Z ww > � Za w o LIMITS W LWm LZn 0u2 — - x O � o 0m0> o'Z H 7U Hw L)" <Z W Oz 0 O U� 0a 0 2O d Jz Z d u_ FAT CLAY (CH) / SANDY FAT CLAY (CH) / FAT CLAY WITH SAND (CH) - Stiff to hard, light ST 4.50+ gray and light brown, with iron nodules. SHALEY below 6-feet. With sand seams at 18- to 20-feet. N WEAI HERED SHALE - Gray z_ ° With sand seams to 25-feet. 25 W W W H - 7 O 3: - W F a W w Z 30 2 ST ST ST ST ST ST LST 4.50+ 3.00 3.00 3.50 4.50+ 4.50+ 18 56 18 38 67 19 21 15 Bottom of hole at 30.0 feet. Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 9/13/21 COMPLETED 9/13/21 CONTRACTOR GES METHOD Auqer 0 - 15 feet LOGGED BY Jerry CHECKED BY R.K. NOTES MATERIAL DESCRIPTION FAT CLAY WITH SAND (CH) - Hard, light brown and brown. SANDY LEAN CLAY (CL) - Stiff to hard, light gray and brown, with sand seams. FAT CLAY (CH) - Hard, shaley, light gray and light brown. BORING NUMBER B-05 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING INITIALLY ENCOUNTERED Not Encountered AFTER 15 MIN. Not Encountered AFTER --- ATTERBERG W o z a Z W o LIMITS W Wm W� 0ZJ H un � �r .�� Z U HZ 0 U 5x O� —12 d2 O� m0> LuZt- W` n.I o n �H �~ U~ -w L) - �Z Oz p U� Ua 0 2O d-J J? Z d u_ ST 4.50+ ST 4.50+ 8 ST 4.50+ 13 39 14 25 55 ST 3.00 ST 4.50+ 13 ST 4.50+ Bottom of hole at 15.0 feet. a c7 a N R O N Z O H Q w W W H 7 O_ W H Q a 7 W 3 w z Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 9/13/21 COMPLETED 9/13/21 CONTRACTOR GES METHOD Auqer 0 - 15 feet LOGGED BY Jerry CHECKED BY R.K. NOTES BORING NUMBER B-06 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING INITIALLY ENCOUNTERED Not Encountered AFTER 15 MIN. Not Encountered AFTER --- ATTERBERG W o z a Z �� W o LIMITS W MATERIAL DESCRIPTION ~CO a? LU �ZJ =O Hw v Q'"' W w 'n n. rn 'cm 'o t= n 7)Z () H� w Z o m < Y " L) �Z Oz p U� Ua 0 2O d J? Z d LL SANDY LEAN CLAY (CL) - Very stiff, light brown and brown. ST 4.25 FAT CLAY (CH) / FAT CLAY WITH SAND (CH) - Very stiff to hard, light gray and light brown. ST 4.50+ 15 CLAYEY SAND (SC) - Stiff to hard, light gray and light brown. FAT CLAY (CH) - Hard, shaley, light gray and light brown. ST 4.50 ST 2.00 15 36 15 21 49 ST 4.50+ ST 4.50+ 14 Bottom of hole at 15.0 feet. Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 9/13/21 COMPLETED 9/13/21 CONTRACTOR GES METHOD Auqer 0 - 15 feet LOGGED BY Jerry CHECKED BY R.K. NOTES U 2 o IL J MATERIAL DESCRIPTION C� 0.0 SANDY LEAN CLAY (CL) -Hard, light brown and brown. j j� SILTY CLAYEY SAND (SC-SM) -Light brown. 2.5 FAT CLAY (CH) / FAT CLAY WITH SAND (CH) - Very stiff to hard, light gray and light brown. With silt seams at 6- to 8-feet. BORING NUMBER B-07 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING INITIALLY ENCOUNTERED Not Encountered AFTER 15 MIN. Not Encountered AFTER --- ATTERBERG a o z a Z W o LIMITS W Wm W� �ZJ H;_ �L .�� Z U HZ 0 U x O� —12 d2 O� m0> LuZt- W` n.I E n �H �~ U) �w L) - 2Z UZ p U— Ua 0 20 d J? Z d LL ST 4.50+ ST 4.50+ 11 22 15 7 45 ST 4.50+ ST 4.50+ 18 ST 4.25 16 ST 4.50 Bottom of hole at 15.0 feet. Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 9/18/21 COMPLETED 9/18/21 CONTRACTOR GES METHOD Auqer 0 - 15 feet LOGGED BY Adam CHECKED BY R.K. NOTES BORING NUMBER B-08 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING INITIALLY ENCOUNTERED Not Encountered AFTER 15 MIN. Not Encountered AFTER --- ATTERBERG W o z a Z �� W o LIMITS W MATERIAL DESCRIPTION ~CO a? LU �ZJ =O Hw v Q'"' W w 'n n. rn 'cm t= 'o n 7)Z () H� w Z o m < Y " L) �Z Oz p U� Ua 0 2O d J? Z d LL FAT CLAY WITH SAND (CH) / SANDY FAT CLAY (CH) - Very stiff to hard, light gray and light brown. ST 3.50 ST 4.50+ 16 ST 4.50+ 12 50 15 35 56 With gravel pieces at 6- to 10-feet. ST 4.50+ ST 4.50+ 8 With sand seams below 13-feet. ST 4.50+ Bottom of hole at 15.0 feet. Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 9/20/21 COMPLETED 9/20/21 CONTRACTOR GES METHOD Auqer 0 - 15 feet LOGGED BY Jerry CHECKED BY R.K. NOTES BORING NUMBER B-09 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING INITIALLY ENCOUNTERED Not Encountered AFTER 15 MIN. Not Encountered AFTER --- ATTERBERG W o z a Z �� W o LIMITS W ~CO MATERIAL DESCRIPTION a? LU �ZJ =O Hw v Q'"' W w 'n n. rn 'cm t= 'o n 7)Z () H� w Z o m < Y " L) �Z Oz p U� Ua 0 2O d J? Z d LL PAVEMENT - 2.25-inch ASPHALT over 10-inch BASE. FAT CLAY WITH SAND (CH) - Hard, light gray AU and light brown. ST 4.50+ 9 ST 4.50+ 10 SILTY CLAYEY SAND (SC-SM) - Light gray and light brown. ST 5 28 22 6 14 FAT CLAY (CH) / FAT CLAY WITH SAND (CH) - Stiff, light gray and light brown. ST SHALEY below 13-feet. ST 3.00 12 Bottom of hole at 15.0 feet. Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 9/20/21 COMPLETED 9/20/21 CONTRACTOR GES METHOD Auqer 0 - 15 feet LOGGED BY Adam CHECKED BY R.K. NOTES BORING NUMBER B-10 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING INITIALLY ENCOUNTERED Not Encountered AFTER 15 MIN. Not Encountered AFTER --- ATTERBERG W o z a Z �� W o LIMITS W ~CO MATERIAL DESCRIPTION LU �ZJ =O Hw Q'"' w 'n n. rn 'cm t= 'E n 7)Z () H� w Z a? o m < Y v W " L) �Z Oz p U� Ua 0 2O d J? Z d LL PAVEMENT - 2-inch ASPHALT over 10-inch BASE. SANDY LEAN CLAY (CL) - Very stiff to hard, AU light brown and light brown. With silt seams to 4-feet. ST 4.50+ With sand seams at 4- to 6-feet. ST 4.50 11 45 15 30 57 ST 4.50+ 11 ST 4.50+ 10 37 15 22 65 FAT CLAY (CH) - Hard, shaley, light gray and light brown. ST 4.50+ Bottom of hole at 15.0 feet. Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 9/20/21 COMPLETED 9/20/21 CONTRACTOR GES METHOD Auqer 0 - 15 feet LOGGED BY Adam CHECKED BY R.K. NOTES BORING NUMBER B-11 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING INITIALLY ENCOUNTERED Not Encountered AFTER 15 MIN. Not Encountered AFTER --- ATTERBERG W o z a Z �� W o LIMITS W ~CO MATERIAL DESCRIPTION LU �ZJ =O Hw Q'"' w 'n n. rn 'cm t= 'E n 7)Z () H� w Z a? o m < Y v W " L) �Z Oz p U� Ua 0 2O d J? Z d LL PAVEMENT - 2.75-inch ASPHALT over 10-inch BASE. AU SANDY FAT CLAY (CH) - Very stiff to hard, light brown. ST 4.00 14 ST 4.50+ 6 SANDY LEAN CLAY (CL) - Hard, light gray and light brown. ST 4.50+ 12 49 16 33 57 FAT CLAY WITH SAND (CH) / FAT CLAY (CH) - Hard, light brown and brown. ST 4.50+ Light gray and light brown, with sand seams below 13-feet. ST 4.50+ 17 Bottom of hole at 15.0 feet. Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 9/20/21 COMPLETED 9/20/21 CONTRACTOR GES METHOD Auqer 0 - 15 feet LOGGED BY Adam CHECKED BY R.K. NOTES U 2 o IL J MATERIAL DESCRIPTION C� 0.0 PAVEMENT - 2.75-inch ASPHALT over 10.25 inch BASE. CLAYEY SAND (SC) - Very stiff, light gray and light brown. SANDY LEAN CLAY (CL) - Hard, light gray and light brown, with iron nodules. FAT CLAY (CH) / FAT CLAY WITH SAND (CH) - Hard, light brown and brown. SHALEY below 13-feet. BORING NUMBER B-12 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING INITIALLY ENCOUNTERED Not Encountered AFTER 15 MIN. Not Encountered AFTER --- ATTERBERG a o z a Z W o LIMITS W Wm W� �ZJ H;_ �L .�� Z U HZ 0 U x O� d2 O� m0> Y.... W` n.I E n �H �~ U) �w L) - 2Z UZ p U— Ua 0 20 d J? Z d LL AU ST 4.00 8 27 13 14 29 ST 4.50+ 10 ST 4.50+ 12 ST 4.50+ 11 ST 4.50+ Bottom of hole at 15.0 feet. Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 9/18/21 COMPLETED 9/18/21 CONTRACTOR GES METHOD Auqer 0 - 15 feet LOGGED BY Adam CHECKED BY R.K. NOTES U 2 o IL J MATERIAL DESCRIPTION C� 0.0 SANDY FAT CLAY (CH) FILL WITH BASE -Hard, light gray. SANDY LEAN CLAY (CL) / CLAYEY SAND (SC) - Hard, light brow, brown, and light gray, with calcareous nodules. SANDY FAT CLAY (CH) / FAT CLAY (CH) - Hard, light gray and light brown, with calcareous nodules. SHALEY below 13-feet. BORING NUMBER B-13 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING INITIALLY ENCOUNTERED Not Encountered AFTER 15 MIN. Not Encountered AFTER --- ATTERBERG a o z a Z W o LIMITS W Wm W� �ZJ H;_ �L .�� Z U HZ 0 U x O� d2 O� m0> Y.... W` n.I E n �H �~ U) �w L) - 2Z UZ p U— Ua 0 20 d J? Z d LL ST 4.50+ ST 4.50+ 14 49 16 33 49 ST 4.50+ 12 ST 4.50+ 8 ST 4.50+ ST 4.50+ Bottom of hole at 15.0 feet. Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 9/18/21 COMPLETED 9/18/21 CONTRACTOR GES METHOD Auqer 0 - 15 feet LOGGED BY Adam CHECKED BY R.K. NOTES U 2 o IL J MATERIAL DESCRIPTION C� 0.0 PAVEMENT - 2.75-inch ASPHALT over 11.25 inch BASE. a:.4> . SILTY CLAYEY SAND (SC-SM) - Reddish .. brown and light brown. 2.5 SANDY LEAN CLAY (CL) - Very stiff to hard, _ light gray and light brown. N W a C7 - a N R O _ N 3: - W H Q 7 W FAT CLAY (CH) - Very stiff, shaley, light gray and light brown. BORING NUMBER B-14 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING INITIALLY ENCOUNTERED Not Encountered AFTER 15 MIN. Not Encountered AFTER --- ATTERBERG W o z a Z W o LIMITS W Wm W� �ZJ H;_ �L .�� Z U HZ 0 U x O� d2 O� m0> Y.... W` n.I E n �H �~ U) �w L) - 2Z UZ p U— Ua 0 20 d J? Z d LL AU ST 3 ST 4.00 12 ST 4.50+ 11 38 13 25 53 ST 4.50+ ST 4.00 3 Z 15.0 Bottom of hole at 15.0 feet. Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 9/12/21 COMPLETED 9/12/21 CONTRACTOR GES METHOD Auqer 0 - 30 feet LOGGED BY Jerry CHECKED BY R.K. NOTES U 2 o IL J MATERIAL DESCRIPTION C� 0.0 PAVEMENT - 2.5-inch ASPHALT over 10-inch BASE. SANDY LEAN CLAY (CL) - Firm to very stiff, light gray and light brown. With sand seams at 2- to 4-feet. FAT CLAY (CH) / FAT CLAY WITH SAND (CH) - Very stiff, light gray and light brown. SHALEY below 13-feet. BORING NUMBER B-15 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING INITIALLY ENCOUNTERED Not Encountered AFTER 15 MIN. Not Encountered AFTER --- ATTERBERG a o z a Z W o LIMITS W Wm W� �ZJ H;_ �L .�� Z U HZ 0 U x O� —12 d2 O� m0> LuZt- W` n.I E n �H �~ U) �w L) - 2Z UZ p U— Ua 0 20 d J? Z d LL AU 11 ST 3.00 0.3 ST 4.00 0.5 14 37 14 23 51 ST 3.50 0.3 16 ST 4.25 0.5 ST 4.50+ 0.5 Bottom of hole at 15.0 feet. Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 11/11/21 COMPLETED 11/11/21 CONTRACTOR SAVAGE METHOD Auqer 0- to 50-feet LOGGED BY Sean CHECKED BY R.K. NOTES U ~^ a0 o O W < J � O 0 10 a c7 - N 40 z BORING NUMBER B-16 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING a INITIALLY ENCOUNTERED 28.0 ft 1 AFTER 15 MIN. 25.3 ft AFTER --- ATTERBERG a o Z w w >� w o LIMITS W MATERIAL DESCRIPTION a? =O a v Z w �' n rn 'o n H w o m < Y H <Z Z Oz p O U� Ua 0 �O d J? Z o- LL LEAN TO FAT CLAY (CL-CH) - Hard, gray and ST 4.50+ brown, with sand seams. ST 4.50+ ST 4.50+ ST 4.50+ CLAYEY SAND (SC) - Brown and light brown. ST FAT CLAY (CH) - Very stiff to hard, shaley, gray and light brown. ST 4.50+ ST TCP 15 (6) 20 6 SANDY LEAN CLAY (CL) - Very stiff, light gray ST and light brown, with sand seams, calcareous nodules, and iron nodules. TCP Brown at 28- to 33-feet. WEATHERED SHALE / SHALE - Soft to hard, gray. Bottom of hole at 50.0 feet. ST TCP ST TCP FAU TCP tTAU CP FAU TCP 4.50+ 4.5 8.2 113 18 4.00 33 (6) 20 (6) 4.50 42 (6) 28 (6)� 50 (6) 20 (6) 50 (1.75) 50 0.5 50 (2) 50 1.75 50 (1.25) 50 0.5 4.50+ 1.1 9.3 117 17 Gorrondona Engineering Services 2800 NE Loop 820, Suite 660, Fort Worth, TX 76137 Telephone: 817-496-1424 CLIENT McCormack Baron Salazar Development Inc. PROJECT NUMBER 21-0454 DATE STARTED 11/11/21 COMPLETED 11/11/21 CONTRACTOR SAVAGE METHOD Auqer 0- to 50-feet LOGGED BY Sean CHECKED BY R.K. NOTES U ~^ a0 o_ O W < J � O w a - a 50 3 z MATERIAL DESCRIPTION LEAN TO FAT CLAY (CL-CH) - Very stiff to hard, light brown, reddish brown, and gray. CLAYEY SAND (SC) - Stiff, light brown and reddish brown. FAT CLAY (CH) - Hard, shaley, gray and light brown. WEATHERED SHALE / SHALE - Soft to hard gray. With sand seams at 30- to 35-feet. Bottom of hole at 50.0 feet. BORING NUMBER B-17 PAGE 1 OF 1 PROJECT NAME Huqhes House PROJECT LOCATION Fort Worth, Texas GROUND ELEVATION NORTHING GROUND WATER LEVELS: EASTING INITIALLY ENCOUNTERED Not Encountered AFTER 15 MIN. Not Encountered AFTER --- ATTERBERG W o z o Z W o LIMITS W Wm W� �ZJ H;_ �L .�� Z U HZ 0 U x O� o O� m0> LuZt- W` n.I o n �H �~ U) �w L) - 2Z Oz p U— Ua 0 20 d J? Z d 5 4.50+ 4.50+ 1ST 4.50+ 4.00 2.50 0.3 V—ST ST TCP 17 (6) 50 5.75 ST TCP 29 (6) 40 (6) , ST TCP 23 (6) 2, 4 (6) , TP VTC 50 (2) 50 3 TrAU 50(4.5) 51 0 (3.5) I[AU CP 50 (1.25) 50 1.25 VTCALIP 50 (3) 50 1.75 4.50+ 4.50+ 4.50+ 4.50+ 7.2 12.6 121 15 ABSORPTION SWELL TEST (ASTM D4546) RESULTS Boring No. B-01 B-01 B-02 B-02 B-03 B-04 Average Sample Depth (ft) 5 7 5 7 5 3 Sample Height (in) 0.8 0.8 0.8 0.8 0.8 0.8 Sample Diameter (in) 2.5 2.5 2.5 2.5 2.5 2.5 Initial Sample Volume (cu in) 3.93 3.93 3.93 3.93 3.93 3.93 Initial Sample Weight (gr) 133.8 151.4 128.9 143.0 143.7 138.1 Initial Moisture (%) 13 10 14 14 13 18 Final Moisture (%) 21 16 24 19 21 25 Initial Wet Unit Weight (pcf) 130 147 125 139 139 134 Initial Dry Unit Weight (pcf) 115 133 110 122 123 114 Applied Over Burden (psi) 4.2 5.8 4.2 5.8 4.2 2.5 Initial Dial Reading (in) 0.0992 0.1346 0.1595 0.0856 0.2102 0.0158 Final Dial Reading (in) 0.1063 0.1571 0.1596 0.0942 0.2102 0.0369 Swell (%) 0.89 2.81 0.01 1.08 0.00 2.64 Project No.: 21-0454 ABSORPTION SWELL TEST (ASTM D4546) RESULTS Boring No. Average Sample Depth (ft) Sample Height (in) Sample Diameter (in) Initial Sample Volume (cu in) Initial Sample Weight (gr) Initial Moisture (%) Final Moisture (%) Initial Wet Unit Weight (pcf) Initial Dry Unit Weight (pcf) Applied Over Burden (psi) Initial Dial Reading (in) Final Dial Reading (in) Swell (%) B-04 B-05 B-06 7 5 7 0.8 0.8 0.8 2.5 2.5 2.5 3.93 3.93 3.93 136.7 140.3 0.0 19 13 15 24 16 19 132 136 - 111 120 - 5.8 4.2 5.8 0.0633 0.0042 0.0293 0.0922 0.0063 0.0293 3.61 0.26 0.00 Project No.: 21-0454 2.1 1 C, tsf +, deg Tan() I I I I 01 0 6 Results 1.860 0 1 � � /I I 1 1 I I I �.� 1.4 �2.1 Cn I ;v I cn •' o I m I > I (D 21 1 I I I 11 I I I I / 01( :3 4.t Axial Strain, % Type of Test: Unconsolidated Undrained Sample Type: Shelby Tube Description: Light gray and light brown, FAT CLAY (CH) Assumed Specific Gravity= 2.72 Remarks: SHALEY Figure I I I \ I I � I � I \ I I '\ I I I I \I I I I I I I I I 1 Normal Stress, tsf Sample No. 1 Water Content, % 20.5 Dry Density, pcf 108.8 Saturation, % 99.3 Void Ratio 0.5607 Diameter, in. 2.75 1 Height, in. 5.75 Strain rate, %/min. 1.00 Back Pressure, tsf 0.00 Cell Pressure, tsf 0.44 6 Fail. Stress, tsf 3.72 Ult. Stress, tsf a, Failure, tsf 4.16 a3 Failure, tsf 0.44 Client: McCormack Baron Salazar Development Inc. Project: Hughes House Location: Boring B-01 Sample Number: 6 Depth: 13' - 15' Proj. No.: 21-0454 Date Sampled: 9/14/2021 TRIAXIAL SHEAR TEST REPORT Gorrondona Engineering Services, Inc. Houston, Texas Tested By: S.S. Checked By: R.K. 2.4 1 C, tsf +, deg Tan() I I IX I ui I � I � I U I � I � I s I U) 0.81 I I I I I 01 0 6 �I I I I 41 Results 1.871 0 1 I I I 1 \ _ I \ cn •' > I / � 21I / / I / I I / 11 / I I � I 01( 2.5 5 7.5 Axial Strain, % Type of Test: Unconsolidated Undrained Sample Type: Shelby Tube Description: Light gray and light brown, FAT CLAY (CH) Assumed Specific Gravity= 2.72 Remarks: SHALEY Figure Tested By: S.S. �A Normal Stress, tsf Sample No. 1 Water Content, % 17.6 Dry Density, pcf 114.8 Saturation, % 100.0 Void Ratio 0.4795 Diameter, in. 2.73 Height, in. 5.73 1 I I I I 4.8 Strain rate, %/min. 1.00 Back Pressure, tsf 0.00 Cell Pressure, tsf 0.59 10 Fail. Stress, tsf 3.74 Ult. Stress, tsf a, Failure, tsf 4.33 a3 Failure, tsf 0.59 Client: McCormack Baron Salazar Development Inc. Project: Hughes House Location: Boring B-02 Sample Number: 7 Depth: 18' - 20' Proj. No.: 21-0454 Date Sampled: 9/14/2021 TRIAXIAL SHEAR TEST REPORT Gorrondona Engineering Services, Inc. Houston, Texas Checked By: R.K. i5 W U) L U) 6 2.4I Results C, tsf 2.089 +, deg 0 TanO t / I I I / I J I I / 0.81 I � I I � I � I � I I I Normal Stress, tsf Type of Test: Unconsolidated Undrained Sample Type: Shelby Tube Description: Light gray and light brown, FAT CLAY (CH) Assumed Specific Gravity= 2.72 Remarks: SHALEY Figure \ I \ I I � I I \ I I \ I I \I I I I I I I I I .8 Sample No. 1 Water Content, % 10.2 Dry Density, pcf 125.8 Saturation, % 79.3 Void Ratio 0.3503 Diameter, in. 2.77 Height, in. 5.77 1 Strain rate, %/min. 1.00 Back Pressure, tsf 0.00 Cell Pressure, tsf 0.55 10 Fail. Stress, tsf 4.18 Ult. Stress, tsf a, Failure, tsf 4.73 a3 Failure, tsf 0.55 Client: McCormack Baron Salazar Development Inc. Project: Hughes House Location: Boring B-02 Sample Number: 9 Depth: 28' - 30' Proj. No.: 21-0454 Date Sampled: 9/14/2021 TRIAXIAL SHEAR TEST REPORT Gorrondona Engineering Services, Inc. Houston, Texas Tested By: S.S. Checked By: R.K. 2.1 1 Results ; 1 I C, tsf 1.436 1 +, deg 0 I TanO 1 I I I 1.4� I Un U) 1 / 0.71 I I / 1 I I I / I I / I � I � I I I I I I p 10 1.4 I I 4.2 Normal Stress, tsf 31 Sample No. 1 Water Content, % 19.0 2.51 Dry Density, pcf 111.9 \ Saturation, % 99.6 I Void Ratio 0.5179 2 \ Diameter, in. 2.74 Height, in. 5.76 1.51 / 1 o I / m I / > I (D I / � I I / / Strain rate, %/min. 1.00 / Back Pressure, tsf 0.00 I / !/ Cell Pressure, tsf 0.75 0 � 1.� :3 4.� 6 Fail. Stress, tsf 2.87 Axial Strain, % Ult. Stress, tsf a, Failure, tsf 3.62 Type of Test: Unconsolidated Undrained a3 Failure, tsf 0.75 Sample Type: Shelby Tube Client: McCormack Baron Salazar Development Inc. Description: Gray, WEATHERED SHALE. Project: Hughes House Assumed Specific Gravity= 2.72 Location: Boring B-03 Remarks: Sample Number: 8 Depth: 23' - 25' Proj. No.: 21-0454 Date Sampled: 9/12/2021 TRIAXIAL SHEAR TEST REPORT Gorrondona Engineering Services, Inc. Figure Houston, Texas Tested By: S.S. Checked By: R.K. 200 160 40 0 BEARING RATIO TEST REPORT ASTM D1883-16 Penetration Depth (in.) CBR at 95% Max. Density = 4.6% for 0.10 in. Pene`ration 8 6 0 4 U 2 10 blows 0 102 1 6 110 1' d 118 122 Molded Density (pcf) �. 2 1.0 0 1.2 d 0.8 0.4 0 i 0.5 ) Molded Soaked Density Percent of Moisture Density Percent of Moisture (pcf) Max. Dens. (%) (pcf) Max. Dens. (%) 1 0 106.1 88.2 11.6 105.7 87.9 16.9 2 0 113.9 94.7 13.0 113.6 94.5 14.5 3 0 118.1 98.2 12.8 116.9 97.2 13.3 Material Description Reddish Brown Clayey Sand (SC) Project No: 21-0454 Project: Hughes House Location: Boring B-09 Depth: Composite (0'-2') Date: 09/28/2021 24 48 7' 96 Elapsed Time (hrs) CBR (%) Linearly Surcharge Max. 0.10 in. 0.20 in. Correction (in.) (lbs.) Swell N 1.3 1.2 0.000 10 0.4 4.3 3.9 0.000 10 0.2 7.1 6.4 0.000 10 1 Max. Optimum USCS Dens. Moisture LL PI (pcf) (%) Sc 120.3 10.8 30 14 Test Description/Remarks: BEARING RATIO TEST REPORT Gorrondona Engineering Services, Inc. Figure Gorrondona Engineering Services, Inc. 1467 Prudential Drive Dallas, TX 75235 Phone:281-469-3347 Client: McCormack Baron Salazar Development Inc. 720 Olive Street, Suite 2500 St. Louis, MO 63101 Project: Hughes House E. Rosedale Street and Amanda Avenue Fort Worth, TX 76105 Proposed Use: Rammer Type: Source of Material Test Method: ILL: 30 PL: 16 PI: 14 91 M 23 14+ 1's CBR Mechanical On -Site ASTM D-698 - A ASTM D-1140-A ASTM D-4318 - A % Minus 200: 49 USCS Class.: SC Soaking Period: 12 hrs. ol 111? 15 M 35 40 uw rtts MT&E Used for Test: Remarks: Project Number: 21-0454 Test Date: 9/28/2021 Report Date: 10/5/2021 Report Number: 1 PROCTOR / PLASTICITY INDEX PM-01, BAL-L-03, BAL-L-08 Material Preparation: Wet Method Material Description: Reddish Brown Clayey Sand Sample Number: 1181 Sample Location: B-09 Maximum Dry Density (pcf): 120.3 Optimum Moisture Content (%): 10.8 Percent of Oversize Particles: N/A Zero Air Voids Curve - Specific Gravity (assumed) = 2.65 1n- 123 116 - 9 10 11 11" 13 14 15 CM Gorrondona Engineering Services, Inc. -Texas Board of Professional Engineers Firm Registration No. F-17076 LIMITATIONS: The test results presented herein were prepared based upon the specific samples provided for testing. We assume no responsibility for variation in quality (composition, appearance, performance, etc.) or any other feature of similar subject matter provided by persons or conditions over which we have no control. Our letters and reports are for the exclusive use of the clients to whom they are addressed and shall not be reproduced except in full without the written approval of Gorrondona Engineering Services, Inc.. GESI; Rev-0 Page 1 of 2 Gorrondona Engineering Services, Inc. Project Number: 21-0454 1467 Prudential Drive Test Date: 9/28/2021 Dallas, TX 75235 Report Date: 10/5/2021 Phone: 281-469-3347 Report Number: 1 PROCTOR / PLASTICITY INDEX Client: McCormack Baron Salazar Development Inc. 720 Olive Street, Suite 2500 St. Louis, MO 63101 Project: Hughes House E. Rosedale Street and Amanda Avenue Fort Worth, TX 76105 Test results on this report meet project specification. Technician Time: - Technician: Baldemar Carbajal Gorrondona Engineering Services, Inc. Reza Keshavarz,Ph.D., P.E. (#138871) Dallas Operations Manager Gorrondona Engineering Services, Inc. -Texas Board of Professional Engineers Firm Registration No. F-17076 LIMITATIONS: The test results presented herein were prepared based upon the specific samples provided for testing. We assume no responsibility for variation in quality (composition, appearance, performance, etc.) or any other feature of similar subject matter provided by persons or conditions over which we have no control. Our letters and reports are for the exclusive use of the clients to whom they are addressed and shall not be reproduced except in full without the written approval of Gorrondona Engineering Services, Inc.. GESI; Rev-0 Page 2 of 2 XENCO Test Results urofins Environment Testing America ANALYTICAL REPORT Eurofins Xenco, Dallas 9701 Harry Hines Blvd Dallas, TX 75220 Tel: (214)902-0300 Laboratory Job ID: 870-3164-1 Laboratory Sample Delivery Group: 21-0454 Client Project/Site: Hughes House For: Gorrondona Engineering Services, Inc. 4641 Kennedy Commerce Dr. Houston, Texas 77032 Attn: Reza Keshavarz f Authorized for release by: 10/1912021 5:49:47 PM Chad Bechtold, Project Manager (813)690-3563 chad.bechtold@eurofinset.com Designee for Debbie Simmons, Project Manager (832)986-6768 debbie.simmons@eurofinset.com This report has been electronically signed and authorized by the signatory. Electronic signature is intended to be the legally binding equivalent of a traditionally handwritten signature. Results relate only to the items tested and the sample(s) as received by the laboratory. Client: Gorrondona Engineering Services, Inc. Project/Site: Hughes House Laboratory Job ID: 870-3164-1 SDG: 21-0454 Table of Contents Cover Page .............................................. 1 Table of Contents ......................................... 2 Definitions/Glossary....................................... 3 Case Narrative ........................................... 4 Client Sample Results ...................................... 5 QC Sample Results ........................................ 7 QC Association Summary ................................... 8 Lab Chronicle ............................................ 9 Certification Summary ...................................... 11 Method Summary ......................................... 12 Sample Summary ......................................... 13 Chain of Custody .......................................... 14 Receipt Checklists ......................................... 16 Eurofins Xenco, Dallas Page 2 of 17 10/19/2021 Definitions/Glossary Client: Gorrondona Engineering Services, Inc. Project/Site: Hughes House Glossary Abbreviation These commonly used abbreviations may or may not be present in this report. rl Listed under the "D" column to designate that the result is reported on a dry weight basis %R Percent Recovery CFL Contains Free Liquid CFU Colony Forming Unit CNF Contains No Free Liquid DER Duplicate Error Ratio (normalized absolute difference) Dil Fac Dilution Factor DL Detection Limit (DoD/DOE) DL, RA, RE, IN Indicates a Dilution, Re -analysis, Re -extraction, or additional Initial metals/anion analysis of the sample DLC Decision Level Concentration (Radiochemistry) EDL Estimated Detection Limit (Dioxin) LOD Limit of Detection (DoD/DOE) LOQ Limit of Quantitation (DoD/DOE) MCL EPA recommended "Maximum Contaminant Lever' MDA Minimum Detectable Activity (Radiochemistry) MDC Minimum Detectable Concentration (Radiochemistry) MDL Method Detection Limit ML Minimum Level (Dioxin) MPN Most Probable Number MQL Method Quantitation Limit NC Not Calculated ND Not Detected at the reporting limit (or MDL or EDL if shown) NEG Negative/Absent POS Positive / Present PQL Practical Quantitation Limit PRES Presumptive QC Quality Control RER Relative Error Ratio (Radiochemistry) RL Reporting Limit or Requested Limit (Radiochemistry) RPD Relative Percent Difference, a measure of the relative difference between two points TEF Toxicity Equivalent Factor (Dioxin) TEQ Toxicity Equivalent Quotient (Dioxin) TNTC Too Numerous To Count Job ID: 870-3164-1 SDG: 21-0454 Eurofins Xenco, Dallas Page 3 of 17 10/19/2021 Case Narrative Client: Gorrondona Engineering Services, Inc. Project/Site: Hughes House Job ID: 870-3164-1 Laboratory: Eurofins Xenco, Dallas Narrative Job Narrative 870-3164-1 Receipt The samples were received on 9/29/2021 3:50 PM. Unless otherwise noted below, the samples arrived in good condition, and, where required, properly preserved and on ice. The temperature of the cooler at receipt time was 16.8°C General Chemistry No additional analytical or quality issues were noted, other than those described above or in the Definitions/ Glossary page. Job ID: 870-3164-1 SDG: 21-0454 Eurofins Xenco, Dallas Page 4 of 17 10/19/2021 Client Sample Results Client: Gorrondona Engineering Services, Inc Project/Site: Hughes House Client Sample ID: Boring B-09 Date Collected: 09/20/21 00:00 Date Received: 09/29/21 15:50 Sample Depth: 2 - 4 General Chemistry Analyte Result Qualifier pH 7.17 Resistivity 587 Client Sample ID: Boring B-10 Date Collected: 09/20/21 00:00 Date Received: 09/29/21 15:50 Sample Depth: 6 - 8 General Chemistry Analyte Result Qualifier pH 6.66 Resistivity 1200 Client Sample ID: Boring B-11 Date Collected: 09/20/21 00:00 Date Received: 09/29/21 15:50 Sample Depth: 2 - 4 General Chemistry Analyte Result Qualifier pH 7.48 Resistivity 3720 Client Sample ID: Boring B-12 Date Collected: 09/20/21 00:00 Date Received: 09/29/21 15:50 Sample Depth: 4 - 6 General Chemistry Analyte Result Qualifier pH 7.44 Resistivity 5420 Client Sample ID: Boring B-13 Date Collected: 09/20/21 00:00 Date Received: 09/29/21 15:50 Sample Depth: 4 - 6 General Chemistry Analyte Result Qualifier pH 7.29 Resistivity 400 Client Sample ID: Boring B-14 Date Collected: 09/18/21 00:00 Date Received: 09/29/21 15:50 Sample Depth: 4 - 6 General Chemistry Analyte Result Qualifier pH 6.86 Job ID: 870-3164-1 SDG: 21-0454 Lab Sample ID: 870-3164-1 Matrix: Solid RL Unit D Prepared Analyzed Dil Fac S.U. 10/13/21 13:14 10/13/21 13:20 1 ohm cm 10/19/21 14:59 1 Lab Sample ID: 870-3164-2 Matrix: Solid RL Unit D Prepared Analyzed Dil Fac S.U. 10/13/21 13:14 10/13/21 13:20 1 ohm cm 10/19/21 14:59 1 Lab Sample ID: 870-3164-3 Matrix: Solid RL Unit D Prepared Analyzed Dil Fac S.U. 10/08/21 11:30 10/08/21 12:11 1 ohm cm 10/19/21 14:59 1 Lab Sample ID: 870-3164-4 Matrix: Solid RL Unit D Prepared Analyzed Dil Fac S.U. 10/08/21 11:30 10/08/21 12:11 1 ohm cm 10/19/21 14:59 1 Lab Sample ID: 870-3164-5 Matrix: Solid RL Unit D Prepared Analyzed Dil Fac S.U. 10/08/21 11:30 10/08/21 12:11 1 ohm cm 10/19/21 14:59 1 Lab Sample ID: 870-3164-6 Matrix: Solid RL Unit D Prepared Analyzed Dil Fac S.U. 10/08/21 11:30 10/08/21 12:11 1 Eurofins Xenco, Dallas Page 5 of 17 10/19/2021 Client Sample Results Client: Gorrondona Engineering Services, Inc. Job ID: 870-3164-1 Project/Site: Hughes House SDG: 21-0454 Client Sample ID: Boring B-14 Lab Sample ID: 870-3164-6 Date Collected: 09/18/21 00:00 Matrix: Solid Date Received: 09/29/21 15:50 Sample Depth: 4 - 6 General Chemistry (Continued) Analyte Result Qualifier RL Unit D Prepared Analyzed Dil Fac Resistivity 1960 ohm cm 10/19/21 14:59 1 j (�— Client Sample ID: Boring B-15 Lab Sample ID: 870-3164-7 Date Collected: 09/18/21 00:00 Matrix: Solid Date Received: 09/29/21 15:50 Sample Depth: 6 - 8 General Chemistry Analyte Result Qualifier RL Unit D Prepared Analyzed Dil Fac pH 7.10 S.U. 10/08/21 11:30 10/08/21 12:11 1 Resistivity 2810 ohm cm 10/19/21 14:59 1 Eurofins Xenco, Dallas Page 6 of 17 10/19/2021 QC Sample Results Client: Gorrondona Engineering Services, Inc. Job ID: 870-3164-1 Project/Site: Hughes House SDG: 21-0454 Method: TEX 128E - pH Lab Sample ID: 870-3164-6 DU Client Sample ID: Boring B-14 Matrix: Solid Prep Type: Total/NA Analysis Batch: 3567 Prep Batch: 3564 Sample Sample DU DU RPD Analyte Result Qualifier Result Qualifier Unit D RPD Limit pH 6.86 6.930 S.U. 1 25 Lab Sample ID: 870-3164-1 DU ..................... Client Sample ID: Boring B-09 Matrix: Solid Prep Type: Total/NA Analysis Batch: 3647 Prep Batch: 3646 Sample Sample DU DU RPD Analyte Result Qualifier Result Qualifier Unit D RPD Limit pH 7.17 7.233 S.U. 0.9 25 Eurofins Xenco, Dallas Page 7 of 17 10/19/2021 QC Association Summary Client: Gorrondona Engineering Services, Inc. Project/Site: Hughes House General Chemistry Prep Batch: 3564 Lab Sample ID Client Sample ID Prep Type Matrix Method 870-3164-3 Boring B-11 Total/NA Solid TES 128E 870-31644 Boring B-12 Total/NA Solid TES 128E 870-3164-5 Boring B-13 Total/NA Solid TES 128E 870-3164-6 Boring B-14 Total/NA Solid TES 128E 870-3164-7 Boring B-15 Total/NA Solid TES 128E 870-3164-6 DU Boring B-14 Total/NA Solid TES 128E Analysis Batch: 3567 F Lab Sample ID Client Sample ID Prep Type Matrix Method 870-3164-3 Boring B-11 Total/NA Solid TEX 128E 870-31644 Boring B-12 Total/NA Solid TEX 128E 870-3164-5 Boring B-13 Total/NA Solid TEX 128E 870-3164-6 Boring B-14 Total/NA Solid TEX 128E 870-3164-7 Boring B-15 Total/NA Solid TEX 128E 870-3164-6 DU Boring B-14 Total/NA Solid TEX 128E Prep Batch: 3646 Job ID: 870-3164-1 SDG: 21-0454 Prep Batch Prep Batch 3564 3564 3564 3564 3564 3564 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch 870-3164-1 Boring B-09 Total/NA Solid TES 128E 870-3164-2 Boring B-10 Total/NA Solid TES 128E 870-3164-1 DU Boring B-09 Total/NA Solid TES 128E Analysis Batch: 3647 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch 870-3164-1 Boring B-09 Total/NA Solid TEX 128E 3646 870-3164-2 Boring B-10 Total/NA Solid TEX 128E 3646 870-3164-1 DU Boring B-09 Total/NA Solid TEX 128E 3646 Leach Batch: 27197 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch 870-3164-1 Boring B-09 Total/NA Solid Dry and Grind 870-3164-2 Boring B-10 Total/NA Solid Dry and Grind 870-3164-3 Boring B-11 Total/NA Solid Dry and Grind 870-31644 Boring B-12 Total/NA Solid Dry and Grind 870-3164-5 Boring B-13 Total/NA Solid Dry and Grind 870-3164-6 Boring B-14 Total/NA Solid Dry and Grind 870-3164-7 Boring B-15 Total/NA Solid Dry and Grind Analysis Batch: 27198 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch 870-3164-1 Boring B-09 Total/NA Solid TEX 129-E 27197 870-3164-2 Boring B-10 Total/NA Solid TEX 129-E 27197 870-3164-3 Boring B-11 Total/NA Solid TEX 129-E 27197 870-31644 Boring B-12 Total/NA Solid TEX 129-E 27197 870-3164-5 Boring B-13 Total/NA Solid TEX 129-E 27197 870-3164-6 Boring B-14 Total/NA Solid TEX 129-E 27197 870-3164-7 Boring B-15 Total/NA Solid TEX 129-E 27197 Eurofins Xenco, Dallas Page 8 of 17 10/19/2021 Lab Chronicle Client: Gorrondona Engineering Services, Inc. Project/Site: Hughes House Client Sample ID: Boring B-09 Date Collected: 09/20/21 00:00 Date Received: 09/29/21 15:50 Batch Batch Prep Type Type Method Total/NA Prep TES 128E Total/NA Analysis TEX 128E Total/NA Leach Dry and Grind Total/NA Analysis TEX 129-E Client Sample ID: Boring B-10 Date Collected: 09/20/21 00:00 Date Received: 09/29/21 15:50 Batch Batch Prep Type Type Method Total/NA Prep TES 128E Total/NA Analysis TEX 128E Total/NA Leach Dry and Grind Total/NA Analysis TEX 129-E Client Sample ID: Boring B-11 Date Collected: 09/20/21 00:00 Date Received: 09/29/21 15:50 Batch Batch Prep Type Type Method Total/NA Prep TES 128E Total/NA Analysis TEX 128E Total/NA Leach Dry and Grind Total/NA Analysis TEX 129-E Client Sample ID: Boring B-12 Date Collected: 09/20/21 00:00 Date Received: 09/29/21 15:50 Batch Batch Prep Type Type Method Total/NA Prep TES 128E Total/NA Analysis TEX 128E Total/NA Leach Dry and Grind Total/NA Analysis TEX 129-E Client Sample ID: Boring B-13 Date Collected: 09/20/21 00:00 Date Received: 09/29/21 15:50 Batch Batch Prep Type Type Method Total/NA Prep TES 128E Total/NA Analysis TEX 128E Total/NA Leach Dry and Grind Total/NA Analysis TEX 129-E Job ID: 870-3164-1 SDG: 21-0454 Lab Sample ID: 870-3164-1 Matrix: Solid Dil Initial Final Batch Prepared ................... Run Factor Amount Amount Number or Analyzed Analyst Lab 25.43 g 25 mL 3646 10/13/21 13:14 KH XEN DAL 1 3647 10/13/21 13:20 KH XEN DAL 150 g 150 g 27197 10/18/21 12:55 YVD XEN STF 1 150 g 150 g 27198 10/19/21 14:59 YVD XEN STF Lab Sample ID: 870-3164-2 Matrix: Solid .................... Dil Initial Final Batch Prepared Run Factor Amount Amount Number or Analyzed Analyst Lab 25.54 g 25 mL 3646 10/13/21 13:14 KH XEN DAL 1 3647 10/13/21 13:20 KH XEN DAL 150 g 150 g 27197 10/18/21 12:55 YVD XEN STF 1 150 g 150 g 27198 10/19/21 14:59 YVD XEN STF Lab Sample ID: 870-3164-3 Matrix: Solid Dil Initial Final Batch Prepared Run Factor Amount Amount Number or Analyzed Analyst Lab 25.23 g 25 mL 3564 10/08/21 11:30 KH XEN DAL 1 3567 10/08/21 12:11 KH XEN DAL 150 g 150 g 27197 10/18/21 12:55 YVD XEN STF 1 150 g 150 g 27198 10/19/21 14:59 YVD XEN STF Lab Sample ID: 870-3164-4 Matrix: Solid Dil Initial Final Batch Prepared Run Factor Amount Amount Number or Analyzed Analyst Lab 25.24 g 25 mL 3564 10/08/21 11:30 KH XEN DAL 1 3567 10/08/21 12:11 KH XEN DAL 150 g 150 g 27197 10/18/21 12:55 YVD XEN STF 1 150 g 150 g 27198 10/19/21 14:59 YVD XEN STF Lab Sample ID: 870-3164-5 Matrix: Solid Dil Initial Final Batch Prepared Run Factor Amount Amount Number or Analyzed Analyst Lab 25.25 g 25 mL 3564 10/08/21 11:30 KH XEN DAL 1 3567 10/08/21 12:11 KH XEN DAL 150 g 150 g 27197 10/18/21 12:55 YVD XEN STF 1 150 g 150 g 27198 10/19/21 14:59 YVD XEN STF Page 9 of 17 Eurofins Xenco, Dallas 10/19/2021 Lab Chronicle Client: Gorrondona Engineering Services, Inc. Job ID: 870-3164-1 Project/Site: Hughes House SDG: 21-0454 Client Sample ID: Boring B-14 Lab Sample ID: 870-3164-6 Date Collected: 09/18/21 00:00 Matrix: Solid Date Received: 09/29/21 15:50 Batch Batch Dil Initial Final Batch Prepared Prep Type Type Method Run Factor Amount Amount Number or Analyzed Analyst Lab Total/NA Prep TES 128E 25.28 g 25 mL 3564 10/08/21 11:30 KH XEN DAL Total/NA Analysis TEX 128E 1 3567 10/08/21 12:11 KH XEN DAL Total/NA Leach Dry and Grind 150 g 150 g 27197 10/18/21 12:55 YVD XEN STF Total/NA Analysis TEX 129-E 1 150 g 150 g 27198 10/19/21 14:59 YVD XEN STF Client Sample ID: Boring B-15 Lab Sample ID: 870-3164-7 Date Collected: 09/18/21 00:00 Matrix: Solid Date Received: 09/29/21 15:50 Batch Batch Dil Initial Final Batch Prepared Prep Type Type Method Run Factor Amount Amount Number or Analyzed Analyst Lab Total/NA Prep TES 128E 25.34 g 25 mL 3564 10/08/21 11:30 KH XEN DAL Total/NA Analysis TEX 128E 1 3567 10/08/21 12:11 KH XEN DAL Total/NA Leach Dry and Grind 150 g 150 g 27197 10/18/21 12:55 YVD XEN STF """' Total/NA Analysis TEX 129-E 1 150 g 150 g 27198 10/19/21 14:59 YVD XEN STF Laboratory References: E XEN DAL = Eurofins Xenco, Dallas, 9701 Harry Hines Blvd, Dallas, TX 75220, TEL (214)902-0300 XEN STF = Eurofins Xenco, Stafford, 4147 Greenbriar Dr, Stafford, TX 77477, TEL (281)2404200 Page 10 of 17 Eurofins Xenco, Dallas 10/19/2021 Accreditation/Certification Summary Client: Gorrondona Engineering Services, Inc. Job ID: 870-3164-1 Project/Site: Hughes House SDG: 21-0454 Laboratory: Eurofins Xenco, Dallas All accreditations/certifications held by this laboratory are listed. Not all accreditations/certifications are applicable to this report. Authority Program Identification Number Expiration Date Texas NELAP T104704295-21-28 06-30-22 Laboratory: Eurofins Xenco, Stafford Unless otherwise noted, all analytes for this laboratory were covered under each accreditation/certification below. Authority Program Identification Number Expiration Date Texas NELAP T104704215-21-44 06-30-22 The following analytes are included in this report, but the laboratory is not certified by the governing authority. This list may include analytes for which the agency does not offer certification. - Analysis Method Prep Method Matrix Analyte TEX 129-E Solid Resistivity Eurofins Xenco, Dallas Page 11 of 17 10/19/2021 Method Summary Client: Gorrondona Engineering Services, Inc. Project/Site: Hughes House Job ID: 870-3164-1 SDG: 21-0454 Method Method Description Protocol Laboratory TEX128E pH TXDOT XEN DAL TEX 129-E Resistivity in Solids TXDOT XEN STF Dry and Grind Preparation, Dry and Grind None XEN STF TES 128E Deionized Water Leach Preparation TXDOT XEN DAL Protocol References: None = None TXDOT = Texas Department of Transportation Laboratory References: XEN DAL = Eurofins Xenco, Dallas, 9701 Harry Hines Blvd, Dallas, TX 75220, TEL (214)902-0300 XEN STF = Eurofins Xenco, Stafford, 4147 Greenbrier or, Stafford, TX 77477, TEL (281)240-4200 Eurofins Xenco, Dallas Page 12 of 17 10/19/2021 Sample Summary Client: Gorrondona Engineering Services, Inc. Job ID: 870-3164-1 Project/Site: Hughes House SDG: 21-0454 Lab Sample ID Client Sample ID Matrix Collected Received Depth 870-3164-1 Boring B-09 Solid 09/20/21 00:00 09/29/21 15:50 2-4 870-3164-2 Boring B-10 Solid 09/20/21 00:00 09/29/21 15:50 6-8 870-3164-3 Boring B-11 Solid 09/20/21 00:00 09/29/21 15:50 2-4 870-3164-4 Boring B-12 Solid 09/20/21 00:00 09/29/21 15:50 4-6 870-3164-5 Boring B-13 Solid 09/20/21 00:00 09/29/21 15:50 4-6 870-3164-6 Boring B-14 Solid 09/18/21 00:00 09/29/21 15:50 4-6 870-3164-7 Boring B-15 Solid 09/18/21 00:00 09/29/21 15:50 6-8 Eurofins Xenco, Dallas Page 13 of 17 10/19/2021 YL9�,Nco ORIES Setting the Standard since 1990 Staftord,Texas (281-240-4200) Dallas Texas (214-902-0300) i Cllent I Reporting Information Company Name/Branch: Gorrodona Engineering Services, Inc. IC,-p,ny Address: 4641 Kennedy Commerce Dr. Houston, TX 77032 Email: mkeshavan 1boe-services.ne) IProinct contact: Reza Keshevar7 ISamplers's Name No. Field ID I Point of Collection 1 Boring B-09 2 Boring B-10 3 Boring B-11 4 Boring B-12 5 Boring B-13 6 Boring B-14 7 Boring B-15 e s CHAIN OF CUSTODY Page 1 Of 1 San Antonio, Texas(210-509-3334) Midland, Texas (432-704-5251) �.xenco corn Project Information Project Namelhumber. Hugheslicusel2l-0454 Protect Location: Fort Worth, Texas Phone No: Invoice To: (979)S742943 Dorrondome Engineering Services, Inc. 4641 Kennedy Commerce Dr. Houston, TX 77032 PO Number: Collection Sample Depth Date 7'4' 9/20/2021 6'-e' 9202021 74' 9202021 4'-6' 9/20=21 4'-6' 9202021 4'-6' SA 2021 6'-6' 911 B2021 Not Time Matrixbottles = 870-3164 Chain of Custody PhoeniX, Arizona (480-35! — - Xenco Quote N ixenco Job N Analytic-1 Informati-n lL N W X 06 f mome Nu rota 1 aa) N N if E OZ in p o O T O 2 w Z Q T T 2 Z z a X X X X X X X X X X X X X X Matrix Codes W = Water S = Soiused/Solid GW =Ground Water DW = Drinking Water P = Product SW = Surface water SL = Sludge OW=Ocean/Sea Water Will = Wipe 0 = 011 WW= Waste Water A=Air Field Comments Tume—hrid Time ( Business days) I Data Deliverable Information Note.: ❑ Same Day TAT 5 Day TAT F-1 Level II Std CIC I x I Level IV (Full Data Pkg Iraw data) Next Day EMERGENCY �a7 Day TAT Level III Std QC+ Forms TRRP Level IV 2 Day EMERGENCY Contract TAT Level 3 (CLP Farms) UST I RG 411 a uay EMERGENCY Q TRRP ChecklistTAT Starts Day received by Lab, If received by 5:00 pm FED-EXI UPS: Tracking a I SAMPLE CUSTODY MUST 3E 00CUM ENISP BELOW JACH TIME SAMPLE$,CHANgE POSSESSION, INl LURING COURIER DELIVERY Relinquished by Sample T e: f ulshed B�% Date Timre (Received By 1 Relinquished by: w �- Date Time: 1 eceWed By: 2e1 qulshed By: z y Date e: K � Received B I{ y,.G �,..,r. - pa a 71me: Received By: 'us Sea Preserved where applicable On Ice Cooler Temp. Thermo. Corr. Factor Nonce- Notice' Signature of this document and relinquishment of samples constitutes a vehd purchase order from then,5 company to Xenco, its alGhales and subconira on:. It assigns standard terms and condih ons of service. Xenco w1I be liable only for he cos of samples and shall not assume any responsibility for any lessee or expenses incurred by the Client if such lose. are due to circumstances beyond the control of Xenco. A minimum charge of $75 wll be applied to each project. Xenco s liability WIN be limited to tho coat of samples. Any samples received by Xenco but not analyzed Will be Invoiced at $5 per sample. These terms wll be enforced unless previously negotiated under a fully executed client contract. ZV O N O 1 Eurofins Xenco, Dallas 9701 Harry Hines Blvd Dallas TX 75220 Fnore. 214-202-0300 Client Information (Sub Contract Lab) Client Contact Snipping/Receiving Company Eurofins Xenco Address 4147 Green0hacDr Crry Stafford State. Zip TX,77477 Phone 281-240-4200(Tel) Email Project Name Hughes House Site: Chain of Custody Record Sampler Lab PM Simmons Debbie Phone E-Marl Idebbie simmons@eurofnset.com Accrednatrans Required (See note) NELAP Texas Due Date Requested, 10f5P202t TAT Requested days): Pa# Wo #_ Project #: 86000672 SSOW#_ Sample Type Sample (C=comp, Sample Identification Client lb (tablt3) Sample Date I Time G=grab) _ Presero 1 Boring B-09 (870-3164-1) 9/20121 Central 0 Boring B-10 (870-3164-2) 9120121 Central v Boring B-11 (870-3164-3) 9MI21 Central Boning B-12 (870-3164-4) 9/20121 Central - Boring B-13 (870-3164-5) 9/20121 Centra Boring B-14 (970-3164-6) 9118121 Central Boring B-15 (870-3164-7) 9118121 Central Carver 7raabng No(s) State of Origin Texas Analysis Rec nested rR; a t7 ividuix s.eolld, = o=.Hi ® A=air) a_ rL_ a' inCod eX : COC No 870-1284 1 Page Page Ilot I Job # 870-3164-1 Preservation codes_ A HCL M Hexane 8 NaOH N None C Zn Acetate 0 AsNaO2 0 NOM Acid P Na204S E NaHSO4 0 Na2S03 F McOH R Na2S103 G Amchlor S H2SO4 H Asombiic Amid 7 TSP Dodecahydrale I Ice ll Acetone J DI Water V MCAA g'; K £OTA W pH 4-5 .! •G L EDA Z other(specty a I Other O E 2 r9' Ur Speciallnstructions/Note Solid X n Solid X f Solid X 1 Solid X Solid X t Solid X i- Solid X Note Susie laboratory accreditation are subject to change, Eurofins Xenco LLC places the ownership of method, analyte a accmdrtabon compliance upon out subcontract laboratones This sample shipment is forwarded ureter chain! -custody If the laboratory does not Currently maintain accreditation In the State of Origin fisted above for analvsishestslmatru beino ana n?M r ry uraryes w 4L"ewtauon slaws snowd be wougm to Eurotins Xenco u. mienuon rmrneera(ey 11 all requested accre illation are Current to dale, return the signed Chain of Custody allesbrg to said compllcarce to Euroftns Xenco LLC. Possible Hazard identification Sample Disposal ( A fee may be assessed if samples are retained longer than f month) Unconfirmed ID Return To Client C Disposal By Lab � Archive For , Months Deliverable Requested 1 11, III IV Other (specify) Primary Deliverable Rank: 2 Special Instructions/QC Requirements Empty Kit Relinquished by 10ale ITime Method of Shipment } ReNnwished by ( J/ ) ^7r 7 I f �. w, �� r / / �....-.. ^ecelvea oy T� Date/Time Company _ 1 Relrn ishetl , o�� by _ flaferfime_ --_ .phi' 1'�ceivedti J1~ y %�j) a!�TIr / ( /-� - Company 1 C0 Relinquished by N _ _ Daterrime Company Received by ate. ime — L®pany d rt Temp: IR ID'HOU-188 ON Custody Seals lntacYCUSlody Seal No Temperatures) °C and Other Remarks C/F'+0.9 1 N Yes \ No I (Cooler Corrected Temp- 3 , ` Login Sample Receipt Checklist Client: Gorrondona Engineering Services, Inc. Login Number: 3164 List Number: 1 Creator: Gibbs, Chloe G Question The cooler's custody seal, if present, is intact. Sample custody seals, if present, are intact. The cooler or samples do not appear to have been compromised or tampered with. Samples were received on ice. Cooler Temperature is acceptable. Cooler Temperature is recorded. COC is present. COC is filled out in ink and legible. COC is filled out with all pertinent information. Is the Field Sampler's name present on COC? There are no discrepancies between the containers received and the COC. Samples are received within Holding Time (excluding tests with immediate HTs) Sample containers have legible labels. Containers are not broken or leaking. Sample collection date/times are provided. Appropriate sample containers are used. Sample bottles are completely filled. Sample Preservation Verified. There is sufficient vol. for all requested analyses, incl. any requested MS/MSDs Containers requiring zero headspace have no headspace or bubble is <6mm (1/4"). Answer N/A N/A True N/A True True True True True N/A True True True True False True True True True N/A Job Number: 870-3164-1 SDG Number: 21-0454 List Source: Eurofins Xenco, Dallas Comment Sample times not provided Eurofins Xenco, Dallas Page 16 of 17 10/19/2021 Login Sample Receipt Checklist Client: Gorrondona Engineering Services, Inc. Job Number: 870-3164-1 SDG Number: 21-0454 Login Number: 3164 List Source: Eurofins Xenco, Stafford .................... List Number: 2 List Creation: 10/01/21 12:32 PM Creator: Palmar, Pedro Question Answer Comment The cooler's custody seal, if present, is intact. True Sample custody seals, if present, are intact. True The cooler or samples do not appear to have been compromised or True tampered with. Samples were received on ice. True Cooler Temperature is acceptable. True Cooler Temperature is recorded. True COC is present. True COC is filled out in ink and legible. True COC is filled out with all pertinent information. True .................... Is the Field Sampler's name present on COC? N/A There are no discrepancies between the containers received and the COC. True Samples are received within Holding Time (excluding tests with immediate True HTs) Sample containers have legible labels. True Containers are not broken or leaking. True Sample collection date/times are provided. True Appropriate sample containers are used. True Sample bottles are completely filled. True Sample Preservation Verified. True There is sufficient vol. for all requested analyses, incl. any requested True MS/MSDs Containers requiring zero headspace have no headspace or bubble is True <6mm (1/4"). Eurofins Xenco, Dallas Page 17 of 17 10/19/2021 Appendix D - Aerial Photographs AERIAL PHOTOGRAPH - 2020 N LAW 4T OR JR ,in YAWS ILI A. IL v GES Project No. 21-0454 Hughes House El AERIAL PHOTOGRAPH — NOVEMBER 2018 r x i h+jib I# �•''s 17A arm , 3 `Ti Imo_ } 1Cf "s {�.. !� 17 f.-� 1 9Mk 4� --.. Aih ga I i rr �} f ? 47 5 r y. GES Project No. 21-0454 Hughes House El N GES Project No. 21-0454 AERIAL PHOTOGRAPH - MARCH 2018 Hughes House LAS& El AERIAL PHOTOGRAPH - DECEMBER 2017 GES Project No. 21-0454 Hughes House El GES Project No. 21-0454 AERIAL PHOTOGRAPH - NOVEMBER 2017 Hughes House ii —m _ El GES Project No. 21-0454 AERIAL PHOTOGRAPH - 2009 5 12�. ♦ LC Jumm"d Epp~ %K do . �.. 9 aw Hughes House El AERIAL PHOTOGRAPH - 2005 4 " � r 116, 'yam ' � �� e• + .l •. do OLt 1� 4 A A t f kit , 'i rr 7,ft ! !V 1 R ? 1 + At 'lose nm GES Project No. 21-0454 Hughes House N R GES Project No. 21-0454 AERIAL PHOTOGRAPH - 2001 rim. Hughes House M-M L t-41 .R• , raz � b.r r r{�� all 1 El s dw OL Seim- ~ �• � ` s Goo* Earth !. � � ■ � .. � � - � � y Appendix E - USGS Topographic Map USGS TOPOGRAPHIC MAP GES Project No. 21-0454 Hughes House El Appendix F - Site and Pavement Core Photographs SITE PHOTOGRAPHS Facing North at Boring B-13 GES Project No. 21-0454 Hughes House El ;_ (- 045L/ PAVEMENT CORE PHOTOGRAPHS 7 I- C)15L/ g-t4 a r- oy5�i GES Project No. 21-0454 Hughes House El Appendix G - Geologic Information N A R 0 GEOLOGIC ATLAS 9 Legend Grayson Marl and Main Street Limestone, undivided Formation Woodbine Formation i GES Project No. 21-0454 Hughes House El 1 /28/2020 Grayson Marl and Main Street Limestone, undivided (TXKgm;O) Mineral Resources Online Spatial Data Geology by state Texas Grayson Marl and Main Street Limestone, undivided XML JSON Grayson Marl and Main Street Limestone, undivided State Texas Name Grayson Marl and Main Street Limestone, undivided Geologic Early Late Cretaceous and Late Early Cretaceous age Lithologic Major constituents Sedimentary > Carbonate > Marlstone Sedimentary > Carbonate > Limestone Comments Grayson Marl mostly marl, It greenish -gray to med. gray, near top some thin interbeds of limest., nodular, sl. sandy, gray, fossiliferous; weathers grayish -yellow; thickness 15-60 ft. Main Street Limestone, thick Is beds, coarse grained, hard, interbedded with thin marl beds; yell -gray, white, brown; thikcness 10-20 ft. Stratigraphic Bennington Limestone in Oklahoma units References Bureau of Economic Geology, 1967, Sherman Sheet, Geologic Atlas of Texas: University of Texas at Austin, Bureau of Economic Geology, scale 1:250,000. Bureau of Economic Geology, 1992, Geologic Map of Texas: University of Texas at Austin, Virgil E. Barnes, project supervisor, Hartmann, B.M. and Scranton, D.F., cartography, scale 1:500,000. NGMDB NGMDB product page for 68390 product Counties Bell - Bosque - Cooke - Coryell - Denton - Grayson - Hill - Johnson - McLennan - Tarrant https://mrdata. usgs.gov/geology/state/sgmc-unit. php?unit=TXKgm%3BO 1 /2 LL11:1gg Mineral Resources On -Line Spatial Data Mineral Resources > Online Spatial Data > Geology > by state > Texas Woodbine Formation Woodbine Formation State Texas Name Woodbine Formation Geologic age Phanerozoic I Mesozoic I Cretaceous -Late [Gulfian] Original map label Kwb Comments NE Texas. Texarkana Sheet (1966) Woodbine Formation -- various interlensing sequence of nonmarine, brackish - water, and marine beds of sand, clay, sandstone, and shale 350-600 ft thick. Woodbine fossils include ammonites, gastropods, pelecypods, brachiopods, and foraminifers. Contains volcanic sand and tuff, coarse grained, crossbedded, dk green and olive green; fossil plants and a few marine megafossils; thickness 500 ft, thins eastward. Primary rock type shale Secondary rock type sand Other rock types clay or mud; limestone; coal; tuff Lithologic constituents Major Sedimentary > Clastic > Mixed-clastic > Sandstone-Mudstone (Tuffaceous) Map references Bureau of Economic Geology, 1992, Geologic Map of Texas: University of Texas at Austin, Virgil E. Barnes, project supervisor, Hartmann, B.M. and Scranton, D.F., cartography, scale 1:500,000 Unit references Bureau of Economic Geology, 1966, Texarkana Sheet, Geologic Atlas of Texas, University of Texas, Bureau of Economic Geology, scale 1:250,000. Counties Cooke - Denton - Fannin - Grayson - Hill - Johnson - Lamar - McLennan - Tarrant Show this information as [XML] - []SON] U.S. Department of the Interior I U.S. Geological Survey URL: http://mrdata.usgs.gov/geology/state/sgmc-unit.php?unit=TXKwb;0 Page Contact Information: Peter Schweitzer Appendix H - Unified Soil Classification System UNIFIED SOIL CLASSIFICATION SYSTEM UNIFIED SOIL CLASSIFICATION AND SYMBOL CHART I LABORATORY CLASSIFICATION CRITERIA COARSE -GRAINED SOILS (more than 50% of material is larger than No. 200 sieve size.) Clean Gravels (Less than 5% fines) D60 D30 ►�; GW Well -graded gravels, gravel -sand GW Cu = greater than 4; Cc = between 1 and 3 D D10 x D60 ►� mixtures, little or no fines 10 GRAVELS More than 50% ao GP Poorly -graded gravels, gravel -sand of coarse mixtures, little or no fines GP Not meeting all gradation requirements for GW fraction larger Gravels with fines (More than 12% fines) than No. 4 sieve size GM Silty gravels, gravel -sand -silt mixtures I GM Atterberg limits below "A" Above "A" line with P.I. between line or P.I. less than 4 4 and 7 are borderline cases GC Clayey gravels, gravel -sand -clay I GC Atterberg limits above'W' requiring use of dual symbols mixtures line with P.I. greater than 7 Clean Sands (Less than 5% fines) D60 D SW Well -graded sands, gravelly sands, SW Cu = Dgreater than 4; Cc = D z D between 1 and 3 little or no fines 10 10 60 SANDS 50% or more SP Poorly graded sands, gravelly sands, of coarse little or no fines SP Not meeting all gradation requirements for GW fraction smaller Sands with fines (More than 12% fines) than No. 4 sieve size SM Silty sands, sand -silt mixtures I SM Atterberg limits below "A" Limits plotting in shaded zone line or P.I. less than 4 with P.I. between 4 and 7 are SC Clayey sands, sand -clay mixtures I Atterberg limits above "A" borderline cases requiring use SC of dual symbols. line with P.I. greater than 7 FINE-GRAINED SOILS (50°% or more of material is smaller than No. 200 sieve size.) Determine percentages of sand and gravel from grain -size curve. Depending on percentage of fines (fraction smaller than No. 200 sieve size), Inorganic silts and very fine sands, rock coarse -grained soils are classified as follows: SILTS MIL flour, silty of clayey fine sands or clayey Less than 5 percent ................................ GW, GP, SW, SP silts with slight plasticity More than 12 percent ............................... GM, GC, SM, SC AND CLAYS Inorganic clays of low to medium 5 to 12 percent ................. Borderline cases requiring dual symbols Liquid limit CL plasticity, gravelly clays, sandy clays, less than silty clays, lean clays PLASTICITY CHART 50% OL Organic silts and organic silty clays of 60 low plasticity e Inorganic silts, micaceous or10 50 a CH MH diatomaceous fine sandy or silty soils, 40 SILTS elastic silts w A LINE: AND CLAYS Inorganic clays of high plasticity, fat CH PI = 0 73(LL-20) } 30 CL MH&OH Liquid limit clays 11, v 20 50% or greater Organic clays of medium to high OH co 10 plasticity, organic silts a. ...... / ML&OL HIGHLY 1 0J 10 20 30 40 50 60 70 80 90 100 ORGANIC PT Peat and other highly organic soils LIQUID LIMIT (ILL) (%) SOILS TERMS DESCRIBING SOIL CONSISTENCY Fine Grained Soils Coarse Grained Soils Penetrometer Penetration Resistance Description Reading (tsf) blows/ft Description Relative Densitv Soft 0.0 to 1.0 0 to 4 Very Loose 0 to 20% Firm 1.0 to 1.5 4 to 10 Loose 20 to 40% Stiff 1.5 to 3.0 10 to 30 Medium Dense 40 to 70% Very Stiff 3.0 to 4.5 30 to 50 Dense 70 to 90% Hard 4.5+ Over 50 Very Dense 90 to 100% Appendix I - WinPAS Design Output WinPAS Pavement Thickness Design According to 1993 AASHTO Guide for Design of Pavements Structures American Concrete Pavement Association Rigid Design Inputs Project Name: Hughes House Collector Road Route: Location: Fort Worth, Texas Owner/Agency: GES Design Engineer: Reza Keshavarz, Ph.D., P.E. Rigid Pavement Design/Evaluation Concrete Thickness 8.00 inches Load Transfer Coefficient Total Rigid ESALs 3,045,900 Modulus of Subgrade Reaction Reliability 90.00 percent Drainage Coefficient Overall Standard Deviation 0.39 Initial Serviceability Flexural Strength 620 psi Terminal Serviceability Modulus of Elasticity 4,000,000 psi Modulus of Subarade Reaction (k-value) Determination Resilient Modulus of the Subgrade 4,118.0 psi Unadjusted Modulus of Subgrade Reaction 221 psi/in Depth to Rigid Foundation 0.00 feet Loss of Support Value (0,1,2,3) 0.0 Modulus of Subgrade Reaction 221 psi/in. Thursday, October 14, 2021 8:07:06PM Engineer: Reza Keshavarz, Ph.D., P.E. 3.00 221 psi/in. 1.00 4.50 2.25 WinPAS Pavement Thickness Design According to 1993 AASHTO Guide for Design of Pavements Structures American Concrete Pavement Association Rigid Design Inputs Project Name: Hughes House Residential Road Route: Location: Fort Worth, Texas Owner/Agency: GES Design Engineer: Reza Keshavarz, Ph.D., P.E. Rigid Pavement Design/Evaluation Concrete Thickness 6.50 inches Load Transfer Coefficient Total Rigid ESALs 971,500 Modulus of Subgrade Reaction Reliability 90.00 percent Drainage Coefficient Overall Standard Deviation 0.39 Initial Serviceability Flexural Strength 620 psi Terminal Serviceability Modulus of Elasticity 4,000,000 psi Modulus of Subarade Reaction (k-value) Determination Resilient Modulus of the Subgrade 4,118.0 psi Unadjusted Modulus of Subgrade Reaction 221 psi/in Depth to Rigid Foundation 0.00 feet Loss of Support Value (0,1,2,3) 0.0 Modulus of Subgrade Reaction 221 psi/in. Thursday, October 14, 2021 8:04:34PM Engineer: Reza Keshavarz, Ph.D., P.E. 3.00 221 psi/in. 1.00 4.50 2.25 Gorrondona Engineering Services, Inc. LiN Geotechnical Engineering • Construction Materials Testing & Inspection December 9, 2021 Mr. Mike Saunders Senior Vice President, Director of Design McCormack Baron Salazar Development Inc. 720 Olive Street, Suite 2500 St. Louis, Missouri 63101 Re: ADDENDUM 1 TO GEOTECHNICAL ENGINEERING REPORT Hughes House Fort Worth, Texas GES Project No. 21-0454 Dear Mr. Saunders: As requested, below are our recommendations for detailed retaining structures proposed within the at -grade podium style 3-story wood -framed apartment buildings. RETAINING STRUCTURES Applicability. Recommendations in this section apply to tight reinforced concrete walls with unbalanced backfill levels on opposite sides. It is imperative that global stability be reviewed by GES on any retaining structure more than 5-feet in height and any retaininq structure placed on slopes steeper than 4H:1V. Earth Pressure. Retaining structure walls should be designed for earth pressures at least to those indicated in this section. Earth pressures will be influenced by the structural design of the walls, conditions of wall restraint, methods of construction and/or compaction, and the strength of the materials being restrained. Two wall restraint conditions are considered. Active earth pressure is commonly used for design of free-standing cantilever retaining walls and assumes wall movement. The at -rest condition assumes no wall movement. We recommend the proposed retaining wall to be designed based on at -rest condition. The recommended design lateral earth pressures do not include a factor of safety for possible hydrostatic pressure on the walls. 2800 NE Loop 820, Suite 660 • Fort Worth, Texas 76137 • 817.496.1424 • Fax 817.496.1768 Texas Engineering Firm Registration No. F-17076 Mr. Mike Saunders GES Project No. 21-0454 - Addendum 1 December 9, 2021 Page 2 of 4 Horizontal Finished Grade S = Surcharge TS k p2 H P1 For active pressure movement �(0.002 H to 0.004 H) (: —01 Equivalent Fluid Density 1 For at -rest pressure - No Movement Assumed Horizontal Finished Grade Retaining Wall Active Pressure At -Rest Pressure (pcf) z & 3 (Pcf) z & 3 Type of Backfill Above Below Above Below Water Table Water Table Water Table Water Table or and Free or Not Free and Free Not Free Draining Draining Draining Draining Onsite Clay Soils Unit Weight 125 pcf and Friction Angle of 20° 60 95 80 105 ka = 0.49; ko = 0.66 Notes: 1. Assuming horizontal ground surface extending backward from the top of the wall. 2. The active earth pressure assumes that the top of the walls is not rigidly restrained, and the walls are not sensitive to some movement. The at -rest condition assumes the walls are restrained at top. 3. ka = Coefficient of Active Earth Pressure; ko= Coefficient of At -Rest Earth Pressure Applicable Conditions. For the above earth pressures to be valid, the following conditions apply: • The equivalent fluid pressure values assume a horizontal ground surface extending backward from the top of the wall. In the case of sloped backfill, we recommend increasing the above active equivalent fluid pressures 1 pcf per 1 degree of slope. • For active earth pressure, the wall must rotate about the base, with top lateral movements of about 0.002H to 0.004H, where H is the wall height; • For passive pressure to develop, the wall must move horizontally to mobilize resistance; • Horizontal backfill is compacted between 95 and 98 percent of standard Proctor (ASTM D-698) maximum dry density; • Loading from heavy compaction equipment not included; Mr. Mike Saunders GES Project No. 21-0454 - Addendum 1 December 9, 2021 Page 3 of 4 • No safety factor is included in the soil parameters. • Appropriate safety factor should be utilized by the structural engineer for external stability analyses of the retaining structures. • The above lateral pressures include hydrostatic pressure but do not include surcharge loads. • The lateral load produced by a surcharge may be computed as 50 percent of the vertical surcharge pressure applied as a constant pressure over the full depth of retaining wall. • Surcharge loads set back from the back face of the retaining wall at a horizontal distance equal to or greater than the pile height may be ignored. Lateral Resistance. Resistance to lateral loads may be provided by the soil adjacent to the structure. We recommend using an equivalent fluid weight of 100 pcf for lateral resistance (using a Factor of Safety of 2). A coefficient of sliding friction of 0.25 between the retaining structure concrete footings and underlying soil may be combined with the passive lateral resistance. Drainage. A perforated drain line installed behind the base of the walls that extend below adjacent grade is recommended to prevent hydrostatic loading on the walls as shown on the diagram below. The invert of the drain line around a below -grade building area or exterior retaining wall should be placed near the foundation bearing level. The drain line should be sloped to provide positive gravity drainage to a sump pit and pump. The drain line should be surrounded by clean, free -draining granular material have less than 5 percent passing the No. 200 sieve. The free -draining aggregate should be encapsulated in a filter fabric. The granular fill should extend to within 2 feet of final grade, where it should be capped with cohesive fill to reduce infiltration of surface water into the drain system. Foundation Wall--- Free-draining Graded Granular Filter Material or Non -graded Free -draining Material Encapsulated �\ in an Appropriate Filter Fabric (See Report) I V-I-I-ICII_II�I-I-Ir1tf1�7-1"- Slope to Drain Away from Wall Cohesive Fill Undisturbed Native Soil or Engineered Fill General Fill Perforated Drain Pipe (Rigid PVC unless stated otherwise in report) Alternative Drainage. As an alternative to free -draining granular fill, a prefabricated drainage system may be used. A prefabricated drainage system may be a plastic drainage core or mesh system which is covered with a filter fabric to prevent soil intrusion and is fastened to the wall prior to placing backfill. Mr. Mike Saunders GES Project No. 21-0454 - Addendum 1 December 9, 2021 Page 4 of 4 All other recommendations in our original geotechnical engineering report remain unchanged. Please contact us if you have any questions. Respectfully submitted, Reza Keshavarz, Ph.D., P.E. Dallas Operations Manager Hamed Ardalan, Ph.D., P.E. Engineering Manager OF TF "11 .... i j Mahammadreza Keshavarz l�l' . ...... ........ Gorrondona Engineering Services, Inc. -Texas Engineering Firm Registration No. F-17076 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORT Public Water and Wastewater Improvements to Serve Cavile Place — Phase II — Hughes House STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 103819 Revised July 1, 2011 FORTWORTU, CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 11/08/2021 The Fort Worth Water Department's Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department's Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department's Standard Specifications and the Fort Worth Water Department's Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Department's Standard Products List. FORT WORTH. Note: All water or sewer pipe h CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 1S inch diameter shall be approved for use by the Water Department on a project specific basis. be required for some Updated: 11/08/2021 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra -Seal P-201 ASTM D2240/D412/D792 I I 04/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-001 I I 04/26/00 33 05 13 Profile Gasket for 4' Diam. MH. Press -Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH I I 1/26/99 33 05 13 HOPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non -traffic area I 5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidScal Manhole Encapsulation System Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13) I /26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowtitc ASTM 3711 Non -traffic area I 08/30/06 33 39 13 Fiberglass Manhole L.F. Manufacturing Non -traffic area I Water & Sewer - Manholes & Bases/Frames & Covers/Rectaneular 33-05-13 (Rev 2/3/16) *1 33 05 13 11slarhole Frames and Covers I Western Iron Works, Bass & Hays Foundry 1 1001 24"x40" WD Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16) * 33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 30024 24" Dia. I 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. A 24 AM 24" Dia. I I 08/24/18 3305 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASFTO M306 24" Dia. I 08/24/18 33 OS 13 Manhole Frames and Covers Neenah Foundry R- 165-LM (Hinged) ASTM A48 & AASHTO M306 24" Dia. I 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry NF 1274 ASTM A48 & AASHTO M306 30" Dia. I 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1743-LM (Hinged) ASTM A48 & AASFTO M306 30" dia. I33 05 13 Manhole Frames and Cove s Sigma Corporation MH-144N I33 05 13 Manhole Frames and Covers Sigma Corporation MH-143N I 33 05 13 Manhole Frames and Cove s Pont-A-Mousson GTS-STD 24" dia. I 33 05 13 Manhole Frainand Covers es Neenah Casting 24" dia. I 10/31/06 33 05 13 Manhole Frames and Covers (Hinged) Powerseal Hinged Ductile Iron Manhole ASTM A536 24" Dia. I 7/25/03 3305 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus) RE32-R8FS 30" Dia. I 01/31/06 3305 13 30" Dia. MH Ring and Cover East Jordan Iron Works V1432-2 and V1483 Designs AASFITO M306-04 30" Dia. I 11/02/10 3305 13 30" Dia. MH Ring and Cover Sigma Corporation MH165IFWN & MH16502 30" Dia I 07/19/1 t 3305 13 30" Dia. MH Ring and Cover Star Pipe Products NIH32FTWSS-DC 30" Dia I 08/10/11 3305 13 30" Dia. MH Ring and Cover Accucast 220700 Heavy Duty with Gasket Ring 30" Dia 30" ERGO XL Assembly 10/14/13 3305 13 30" Dia. MH Ring and Cover (Hinged & Lockable) East Jordan Iron Works with Cam Lock/MPIC/T-Gasket ASSFITO MI 05 & ASTM A536 30" Dia I 06/01/17 3405 13 30" Dia. MH Ring and Cover (Hinged & Lockable) CI SIP Industries 2280 (32") ASTM A 48 30" Dia. CAP-ONE-30-FTW, Composite, w/ Lock water im newer - ivtaunmes im nnses/rrames im wvers/ water itaut ee rressure i taut iney cronol * 33 05 13 Manhole Frames and Covers Pant-A-Mousson Pamtight 24" Dia. I3305 13 Manhole Frames and Covers Neenah Casting 24" Dia. I I3305 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia. I I 3305 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia. I I 03/08/00 3305 13 Manhole Frames and Covers Aceucast RC-2100 ASTM A 48 24" Dia. I I 04/20/01 3305 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia. I Water & Sewer - Manholes & Bases/Precast Concrete LRev 1/8/131 * 33 39 10 Manhole, Precast Concrete Hydro Conduit Corp SPL Item 449 ASTM C 478 41" I * 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. hic. ASTM C-443 48" I I 09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone I I 05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company 48". 60" I.D. Manhole w/ 32" Cone ASTM C 478 48". 60" I I 10/27/06 33 39 10 Manhole, Precast Concrete Oldeastle Precast Inc. 48" I.D. Manhole w/ 24" Cone ASTM C 478 48" Diam w 24" Ring I I 06/09/10 33 39 10 Manhole, Precast (Reinforced Polvmer)Cmucte US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72" I 09/06/19 33 3920 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72" 10/07/21 32 39 20 IManhole, Precast Concrete I Forterra Pipe and Precast 48" I.D. Manhole w/32" Cone ASTM C-77 48" 10/07/21 1 33 3920 IManhole, Precast Reinforced Polymer) Concrete I Armoreck 48" & 60" I.D. Manhole w/32" Cone 48" & 60" 10/07/21 1 33 3920 1 Manhole, Precast (Hybrid) Polymer & PVC I Predl Systems 48" & 60" I.D. Manhole w/32" Cone 48" & 60" EL I Water & Sewer - Manholes & Bases/Rehab Svstems/Cementitious * F4I-14 Manhole fchab Systems Ouadex I 04/23/01 E I-14 Manhole Rehab Systems Standard Cement Materials, Inc. Relmer MSP I E1-14 Manhole Rehab Systems AP/M Permaform I I 4/20/01 E1-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System I I 5/12/03 EI-14 Manhole Rehab System (Liner) Poly -triplex Technologies MH repair product to stop infiltration ASTM D5813 I I08/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repair Product Misc. Use I Water & Sewer - Manholes & Bases/Rehab Svstems/NonCementitious 05/20/96 E I-14 Manhole Rehab Systems SVraWoa, Spray Wall Polyurethane Coating ASTM D639/D790 IEI-14 Manhole Rehab Systems Sun Coast I For Exterior Coating of Concrete 12/I4/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion) Structures Only I 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1BB, SU S2 Acid Resistance Test Sewer Applications I I8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications I I 08/30/06 Coatings for Corrosion Protection Citadel SLS-30 Solids F` oxy Sewe pJications 33 OS 16, 33 39 ] 0, RR&C Dampproofing Non-Fibered Spray For Exterior Loafing of Concrete .3119118 33 39 20 Coating for Corrosion protection(Exterior) Sherwin Williams Grade (Asphatic Emulsion) Structures Only * From Original Standard Products List 1 FORT WORTH. Note: All water or CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 1S inch diameter shall be approved for use by the Water basis. Special bedding may be required for some Updated: 11/08/2021 * 33 05 13 Manhole Insert Knutson Enterprises Made to Order- Plastic ASTM D 1248 For 24" dia. I * 33 05 13 Manhole Insert South Westem Packaging Made to Order - Plastic ASTM D 1248 For 24" dia. I * 33 05 13 Manhole Insert NotIm-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia. I 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. Lifesaver - Stainless Steel For 24" dia. I 09/23/96 33 05 13 Manhole Insert Southwestern Packing & S als, ine. TetherLok Stainless Steel For 24" dia Water & Sewer - Pipe Casing Spacers 33-05-24 (07/01/13) 11/04/02 Sled Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI 02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI 04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers 09/14/10 Stainless Steel Casing Spacer Pipeline Sea] and Insulator Stainless Steel Casing Spacer Up to 48" 09/14/10 Coated Steel Casin Spacers Pipeline Sea] and Insulator Coated Steel Casin Spacers Up to 48" 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48" 03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainless Steel) 03/19/18 Casing Spacers BWM FB-12 Casing Spacer (Coated Carbon Steel) f Nonyressure Pipe and Grouted Casing * 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AWWA C150, C151 3" thrn 24" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Funte Pipe (Bell Spigot) AWWA C150, C151 4" thin 30" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Flex Ring (Restrained Joint) AW WA C150, C151 4" thru 30" * 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AWWA C150, C151 * 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AWWA C150, C151 I Water & Sewer - Utility Line Marker (08/24/2018). r - 12121102 Epoxy Lmm¢ Svsrem Sauereisen, Inc SewerGard 21ORS LA Connty #210-1.33 I 12/14/01 Epoxy Lining System Ertech Technical Coatings Enech 2030 and 2100 Series I I 04/14/05 Interior Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 Ductile Iron Pipe Only I I01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, SIHB, Sl, S2 Acid Resistance Test Sewer Applications I I8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications I Sewer - Coatings/Polvitrethane 15/15/11 1 33-11-11 I A,, Relcasc Vnlvc I A.R.I. USA, Inc. I D0251TP020Composite Body) 1 1 2 I * E I-04 Conc. Pme, Remtorced Wall Concrete Pipe Ca Inc. ASTM C 76 I E1-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item 917 ASTM C 76 IE1-04 Conc. Pipe, Reinforced Hanson Concrete Products - ASTM C 76 * E1-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76 I M System PIM Corporation Polyethylene PIM Corp., Piscata Way, N.J. Approved PreviouslycConnell Svstems F'RS McLat Construction PolyethyleneHouston, Texas Approved Previously Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously I Sewer - Pioe/Fiberglass Reinforced Pipe 33-31-13(1/8/13) 7/21/97 33 31 13 Cent. Cast Fiberglass (FRP) Hobas Pipe USA, Inc. Hobas Pipe (Non -Pressure) ASTM D3262/D3754 I 03/22/10 '33 13 Fiberglass Pipe (FRP) Ameron Bo distrand RPMP Pipe ASTM D3262/D3754 I I 04/09/21 Glass -Fiber Reinforced Polymer Pipe (FRP) Thompson Pipe Group Thompson Pipe (Flowtim) ASTM D3262/D3754 I I 4/14/05 Polymer Modified Concrete Pipe Amrtech USA Meyer Polyerete Pipe ASTM C33, A276, F477 8" to 102", Class V I I06/09/10 EI-9 Reinforced Polymer Concrete Pipe US Composite Pipe Reinforced Polvmer Concrete Pipe ASTM C-76 I I �H,,1,1 ... ily oalyelhylene pipe Phillips Driscopipe, Inc. Ovticore Ductile Polyethylene Pipe ASTMD 1248 8" I High -density polyethylene pipe Plexco Inc. ASTM D 1248 8" I High -density polyethylene pipe Polly Pipe, Inc. ASTM D 1248 8" High -density polyethylene pipe CSR Hydro ConduNPipehne Systems McConnell Pipe Enlargement ASTM D 1248 12/02/11 33-II-12 DR-11 PVC Pressure Pipe Pipelife Jetstream PVC Pressure Pipe AWWA C900 4"thru 12" 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AWWA C900 4" thrn 12" I * From Original Standard Products List 2 FORT WORTH. Note: All water or CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 1S inch diameter shall be approved for use by the Water basis. Special bedding may be required for some Updated: 11/08/2021 33-31-20 PVC Sewer Pipe 1-M Manufacturing Co., Inc. (1M Eagle) SDR-26 ASTM D 3034 4" - 15" 1.;',33-31-20 PVC Sewer Pipe Diamond Plastics Corporation SDR-26 ASTM D 3034 4" thin 15" * 33-31-20 PVC Sewer Pipe Lamson Vylon Pipe ASTM F 789 4" thru 15" 01/18/18 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe Gravity Sewer ASTM D3034 4" thin 15" 11/11/98 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation "S" Gravity Sewer Pipe ASTM F 679 18" to 27" * 33-31-20 PVC Sewer Pipe 1-M Manufacturing Co, Inc. UM Eagle) SDR 26/35 PS 115/46 ASTM F 679 18" - 28" 09/11/12 33-31-20 PVC Sewer P' Piq life Jet Stream SDR-26 and SDR-35 ASTM F-679 18" 05/06/05 33-31-20 PVC Solid Wall Pipe Diamond Plastics Corporation SDR 26/35 PS 115/46 ASTM F-679 18" to 48" 04/27/06 33-31-20 PVC Sewer Fittings Harco SDR-26 and SDR-35 Gasket Fittings ASTM D-3034, D-1784, etc 4" - 11" ' 33-31-20 PVC Sewer Fittings Plastic Trends, In.c Gasketed PVC Sewer Main Finings ASTM D 3034 3/19/2018 33 3120 PVC Sewer Pipe Pipelife Jet Stream SDR 35 ASTM F679 18"- 24" 3/19/2018 33 3120 PVC Sewer PTe Pipelife Jet Stream SDR 26 ASTM D3034 4"- 15" 3/29/2019 33 3120 Gasketed Fittings (PVC) GPK Products, Inc. SDR 26 ASTM D3034/F-679 4"- 15" 10/21/2020 33 3120 PVC Sewer Pipe NAPCO SDR 26 ASTM D3034 4" - 15" 10/22/2020 33 3120 PVC Sewer Pipe Sanderson Pipe Corp. SDR 26 ASTM D3034 4"- 15" 10/21/2020 33 3120 PVC Sewer Pipe NAPCO SDR 26/35 PS 115/46 ASTM F-679 18"- 36" I * Cured in Place Pioe Insituform Texark, Inc ASTM F 1216 OS/03/99 Cured in Place Pipe National Envirotech Group National Liner, (SPL) Item #27 ASF-1216/D-5813 05/29/96 Cured in Place Pipe Reynolds Inc/Inliner Techudgy (Inliner USA) Inlmer Technology ASTM F 1216 Sewer - Piues/Rehab/Fold & Form * Fold and Form Pipe Cullum Pipe Systems, Inc. 11/03/98 Fold and Form Pipe lnsituform Technologies, Inc. lnsitufenn "NuPlpe" ASTM F-1504 Fold and Form Pipe American Pipe & Plastics, Inc. Demo. Purpose Only 12/04/00 Fold and Form Pipe Ultralmer Ultraliner PVC Alloy Pipeliner ASTM F-1504, 1871, 1867 06/09/03 Fold and Form Pipe Miller Pipeline Corp. EX Method ASTM F-1504, F-1947 Up to 18" diameter Sewer - Pines/Open Profile Large Diameter 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Lamson Vylon Pipe Carlos, Vylon H.C. Closed Profile Pipe, ASTM F 679 18" to 48" 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Extrusion Technologies, Inc. Ultra -Rib Open Profile Sewer Pipe ASTM F 679 18" to 48" E100-2 PVC Sewer Pipe, Ribbed Up -or ETI Company 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Double Wall Advanced Drainage Systems (ADS) SaniTite HP Double Wall (Corrugated) ASTM F 2736 24"-30" 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple Wall Advanced Drainage Systems (ADS) SaniTite HP Triple Wall Pipe ASTM F 2764 30" to 60" 05/16/11 Steel Reinforced Polyethylene Pipe CmTech Construction Products Dunnaxx ASTM F 2562 24" to 72" Water - Aonurtenances 33-12-10 [07/01/131 01/18/18 33-12-10 Double Strap Saddle Romac 202NS Nylon Coated AW WA C800 1 "-2" SVC, no to 24" Pipe 08/28/02 Double Strap Saddle Smith Blair #317 Nvlon Coated Double Strap Saddle 07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AW WA C800 1"-2" SVC, up to 24" Pipe 10/27/87 Curb Stops -Ball Meter Valves McDonald 6100M,6100MT & 61 OMT 3/4" and V 10/27/87 Curb Stops -Ball Meter Valves McDonald 4603B, 4604B, 6100M, 610OTM and 6101M 1 %" and 2" FB600-7NL, FB1600-7-NL, FV23-777-W-NL, 1/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., hic. L22-77NL AW WA C800 2" FB600-6-NL, FB1600-6-NL, FV23-666-W- 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., hic. NL, L22-66NL AW WA C800 1-1 /2" FB6004-NL, FB16004-NL, B11-444-WR- 1111018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., hic. NL, B22444-WR-NL, L28-44NL AW WA C800 F, B-25000N, B-24277N-3, B-20200N-3, H- AW WA C800, ANSF 61, 1111.1. 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, , H-1552N, H142276N ANSI/NSF 372 _ B-25000N, B-20200N-3, B-24277N-3,H- AW WA C800, ANSF 61, 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, H-14276N, H-15525N ANSI/NSF 372 1-1/2" B-25000N, B-20200N-3,H-15000N, H- AW WA C800, ANSF 61, 1111.1. 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15530N ANSI/NSF 372 1" 01/26/00 Coated Tapping Saddle with Double SS Straps 1CM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) 1CM Industries, Inc. 412 Tapping Sleeve ESS AW WA C-223 Up to 30" w/12" Out 05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16" 02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Ronnie FTS 420 AW WA C-223 up to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Ronnie SST Stainless Steel AW WA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AW WA C-223 Up to 30" w/12" Gut 05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DFW Plastics hic. DFW37C-12-1EPAF FTW Plastic Meter Box w/Composite Lid DFW Plastics hic. DFW39C-12-1EPAF FTW 1 08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-1EPAF FTW Class "A" Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9 Concrete Meter Box Bass & Hays CMB-18-Dual 1416 LID-9 Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9 Water -Bolts, Nuts, and Gaskets 33-11-0S (Ol/08/131 * From Original Standard Products List FORT WORTH. Note: All water or CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 1S inch diameter shall be approved for use by the Water basis. for some Updated: 11/08/2021 140 - Float, ASTM A 301- Cover Bolts * E Combination Atr Release Valve Multiplex Manufacturing Co. Crispin Air and Vacuum Valves, Model No. 1/2" I" & 2" * H I-1 I Combination Atr Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" 11" Dry Barrel Fire Hydrants 33-12-40 01/1L 4 10/01/87 E-1-12 Div Barrel Fire Hydrant American -Darling Valve Drawing Nos. 90-18608, 94-18560 AWWA C-502 03/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-502 09/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-502 01/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-502 08/24/88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502 E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-502 09/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 Shop Drawings No. 6461 1087 E-1-12 Dry Barrel Fire Hydrant Mueller Company A423 Centurion AWWA C-502 Shop Drawing FH-12 01/15/88 E1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Super Centurion 200 AWWA C-502 10/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-502 09/16/87 E-1-12 Dry Barrel Fire Hydrant Water— Company Shop Drawing No. SK740803 AWWA C-502 08/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250 Water - Meters 02/OS/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AW WA C551 4" - 10" 08/05/04 Magnetic Drive Vertical Tarbinc Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6" REMENL-NIVE Pipes/PVC (Pressure Water) 33-31-70 (Ol/08/13) AWWA C900, AWWA C605, 01/18/18 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR14 ASTM D1784 4"-12" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife let Stream DR18 AWWA C900 16"-24" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AWWA C900 4"-12" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 18 AWWA C900 16"-24" AWWA C900-16 UL 1285 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 14 ANSI/NSF 61 4"-28" FM 1612 AWWA C900-16 UL 1285 12/6/2018 33 11 12 PVC Pressure Pipe 1-M Manufacturing Co., Inc d/b/a JM Eagle DR 18 ANSI/NSF 61 16"-24" FM 1612 9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC AWWA C900 4" - 8" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DRI8 AWWA C900 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DR14 AWWA C900 4%12" 9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4% 12" Water - PipesNalves & Fittings/Ductile Iron Fittings 33-11-11 (01/08/13) 07/23/92 E1-07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Fittings AWWA C153 & Cl 10 * E I-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittings AWWA C 110 * EI-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities Division Mechanical Joint Fittings, SSB Class 350 AW WA C 153, C 110, C III 08/11/98 E1-07 Ductile Iron Fittings Sigma, Co. Mechanical Joint Fittings, SSB Class 351 AWWA C 153, C 110, C 112 02/26/14 E1-07 MJ Fittings Accucast Class 350 C-153 MJ Fittings AW WA C153 4"-12" 05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box CoXiii-Flange Uni-Flange Series 1400 AW WA C111/C153 4" to 36" 05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co.fUni-Flange Uni-Flange Series 1500 Circle -Lock AW WA C111/C153 4" to 24" 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc. One Bolt Restrained Joint Fitting AW WA C111/C716/C153 4" to 12" 02/29/12 33-11-11 Ductile Icon Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 1100 (for DI Pipe) AW WA C111/C716/C153 4" to I" 02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 2000 (for PVC Pipe) AW WA CI11/C116/C153 4" to 24" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLC4 - SLCIO AW WA C111/C153 4" to 10" 03/06/19 33-I1-I1 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCS4 - SLCS12 AW WA C111/C153 4" to 12" 08/05/04 EI-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCE AW WA C111/C153 12" to 24" 08/10/98 E I-07 MJ Fittings(DIP) Sigma, Co. Sigma One-Lok SLDE AW WA C153 4" - 24" 10/12/10 E1-24 Interior Restrained Joint System S & B Techncial Products Bulldog System ( Diamond Lok 21 & JM ASTM F-1624 4" to 12" 08/16/06 E1-07 Mechanical Joint Fittings SIP Industries(Serampore) Mechanical Joint Fittings AW WA C153 4" to 24" 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. PVC Stargrip Series 4000 ASTM A536 AW WA CI I I 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. DIP Stargrip Series 3000 ASTM A536 AW WA CI I I 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) EZ Grip Joint Restraint (EZD) Black For DIP ASTM A536 AW WA CI11 3"-48" EZ Grip Joint Restraint (EZD) Red for C900 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) DR14 PVC Pipe ASTM A536 AW WA C111 4"-12" EZ Grip Joint Restraint (EZD) Red for C900 03/19/18 33-1141 Mechanical Joint Retainer Glands SIP Industries(Serampore) DRI8 PVC Pipe ASTM A536 AW WA C111 16"-24" * From Original Standard Products List CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 11/08/2021 Note: All water or sewer pipe larder than 1S inch diameter shall be approved for use by the Water Department on a proiect specific basis. Special bedding maybe required for some pipes. Resilient Wedged Gate Valve w/no Gears American Flow Control Series 2500 Drawing # 94-20247 16" 12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AWWA C515 30" and 36" 08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255) AW WA C515 20" and 24" 05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AWWA C515 16" 10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control Series 2500 (Ductile Iron) AWWA C515 4" to 12" 08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AWWA C515 42" and 48" 05/23/91 E1-26 Resilient Wedge Gate Valve American AVK Company American AVK Resilient Seaded GV AWWA C509 4" to 12" 01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company 20" and smaller * E1-26 Resttent Seated Gate Valve Kennedy 4" - 12" * E1-26 Resilient Seated Gate Valve M&H 4" - 12" * E1-26 Resilient Seated Gate Valve Mueller Co. 4" - 12" 11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AWWA C515 16" 01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AWWA C515 24" and smaller 05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AW WA C515 30" and 36" 01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AW WA C515 42" and 48" 01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. AWWA C509 4" - 12" 10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" IRS GV (SD D-20995) AW WA C515 16" 11/08/99 EI-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AWWA C515 24" and smaller 11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AWWA C515 30" and 36" (Note 3) 11/30/12 ReaihentW Gate Valve Clow Valve Co. Clow Valve Model 2638 AWWA C515 24" to 48" ote 3) 05/08/91 EI-26 Resilient Seat Gate Valve Stockham Valves & Fittings AWWA C 509, ANSI 420 - stem, 4" - ASTM A 276 Type 304 - Bolts & -it, I * E1-21 Resilient Seated Gate Valve U.S. Pipe and Foundry Co. Meneseal 250, requirements SPL #74 3" to 16" W126/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works) El FlowMaster Gate Valve & Boxes 08/24/18 Mateo Gate Valve Matco-Norca 225 MR AWWA/ANSI C115/An21.15 4" to 16" Water - Pipes/Valves & Fitti ubber Seated Butterfly Valve 33-12-21 07/10/14 * E 1-30 Rubber Seated Butterfly Valve Henry Pratt Co. AWWA C-504 24" * EI-30 Rubber Seated Butterfly Valve Mueller Co. AWWA C-504 24"and smaller 1/11/99 E1-30 Rubber Seated Butterfly Valve Decurik Valves Co. AWWA C-504 24" and larger 06/12/03 E1-30 Valmatm American Butterfly Valve Valmanc Valve and Manufacturing Com. Valmatic American Butterfly Valve. AWWA C-504 Up to 84" diameter 04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AWWA C-504 24" to 48" 03/19/18 33 1221 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) AWWA C504 Butterfly Valve AWWA C-504 30"-54" I OS/12/OS EI-13 Polyethylene Encasment Flexsol Packaging Fulton Enterprises AWWA CI05 8 mil LLD OS/12/OS E1-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AWWA C105 8 mil LLD OS/12/OS E1-13 Polyethylene Encasment AEP Industries Bullstrong by Cowtown Bolt & Gasket AWWA C105 8 mil LLD 09/O6/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement for DIP AWWA C105 8 mil LLD Water - S'amplinu .Station 3/12/96 1 1 Water Sampling Station Water Plus B20 Water Sampling Start - I 11/21121 04/09/21 04/09/21 HG6-A-IN-2-BRN-LPRR(Pmmblc) Flushing System Mueller Hydroguerd HG2-A-IN--2-PVC-018-LPLG(Pumanent) Flushing System Kupferle Foundry Company Eclipse #9800wc Flushing System Kupf le Foundry Company Eclipse 49700 (Portable) * From Original Standard Products List