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HomeMy WebLinkAboutContract 59641-PM1FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF CSC No. 59641-PM 1 Vic Centre, A Multi -Family Subdivision IPRC Record No. IPRC22-0021 City Project No.103932 FID No. 30114-0200431-103932-EO7685 File No. K-2908 X File No. X-27243 Mattie Parker Mayor Christopher P. Harder, P.E. Director, Water Department David Cooke City Manager William Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth 2022 REX Engineering, Inc. Firm #:84-1625810 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ...................... RICHARD A HAYFIELD 140193 •� 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 8 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 1 00 13 Iii�r��ilwl:�:: t-- D:7�dhld;�L.7�� 033,'200//2002�06 ^�11 QQ '1 99 9i4 Faiqn tY qa,2c�,, 1 00 42 43 Proposal Form Unit Price 05/22/2019 00 43 r3 Did Du,,d 04i02i2v14 4491f 11 2; Adem 0 84"v� 2"ter 1 00 45 12 Prequalification Statement 09/01/2015 409 15 13 1 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 1 0045 5 40 1i4 Btisiftess Ffferpiiix C ccl 00; 21; 2C 10 1 00 52 43 Agreement 06/16/2016 1 1 00 61 25 Certificate of Insurance 07/01/2011 1 1 0062 13 Performance Bond 01/31/2012 1 1 00 62 14 Payment Bond 01/31/2012 1 1 00 62 19 Maintenance Bond 01/31/2012 1 1 00 -2 00 a;Cdk* - -- - 11A' ,'201, 1 — I $9 W,10 1,120 i I 00 73 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 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 01 31 20 Project Meetings 07/01/2011 01 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 0177 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents None Date Division 02 - Existing Conditions Modified 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 0334 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 26 - Electrical 26 05 00 Common Work Results for Electrical 2605 10 Demolition for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31 - Earthwork 31 1000 Site Clearing 3123 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 31 36 00 Gabions 31 37 00 Riprap Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 1123 Flexible Base Courses 32 1129 Lime Treated Base Courses 32 1133 Cement Treated Base Courses 32 1137 Liquid Treated Soil Stabilizer 32 12 16 Asphalt Paving 32 1273 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 32 1416 Brick Unit Paving 32 1613 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 32 1725 Curb Address Painting 3231 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 8 32 31 29 Wood Fences and Gates 3232 13 Cast -in -Place Concrete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro -Mulching, Seeding, and Sodding 32 93 43 Trees and Shrubs Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 3303 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 33 04 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 3305 10 Utility Trench Excavation, Embedment, and Backfill 3305 12 Water Line Lowering 3305 13 Frame, Cover and Grade Rings - Cast Iron 3305 13.10 Frame, Cover and Grade Rings - Composite 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 3305 16 Concrete Water Vaults 3305 17 Concrete Collars 33 05 20 Auger Boring 33 05 21 Tunnel Liner Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 1105 Bolts, Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 33 11 13 Concrete Pressure Pipe, Bar -Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 11 15 Pre -Stressed Concrete Cylinder Pipe 33 12 10 Water Services 1-inch to 2-inch 33 1211 Large Water Meters 33 1220 Resilient Seated Gate Valve 33 1221 AWWA Rubber -Seated Butterfly Valves 33 1225 Connection to Existing Water Mains 33 1230 Combination Air Valve Assemblies for Potable Water Systems 33 1240 Fire Hydrants 33 1250 Water Sample Stations 33 1260 Standard Blow -off Valve Assembly 3331 12 Cured in Place Pipe (CIPP) 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 8 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 33 31 22 Sanitary Sewer Slip Lining 33 31 23 Sanitary Sewer Pipe Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 3339 10 Cast -in -Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 39 40 Wastewater Access Chamber (WAC) 33 39 60 Epoxy Liners for Sanitary Sewer Structures 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 3341 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 3341 12 Reinforced Polyethlene (SRPE) Pipe 33 46 00 Subdrainage 33 46 01 Slotted Storm Drains 33 46 02 Trench Drains 33 49 10 Cast -in -Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 3441 10 Traffic Signals 3441 10.01 Attachment A — Controller Cabinet 3441 10.02 Attachment B — Controller Specification 3441 10.03 Attachment C — Software Specification 3441 11 Temporary Traffic Signals 3441 13 Removing Traffic Signals 3441 15 Rectangular Rapid Flashing Beacon 3441 16 Pedestrian Hybrid Signal 34 41 20 Roadway Illumination Assemblies 34 41 20.01 Arterial LED Roadway Luminaires 34 41 20.02 Freeway LED Roadway Luminaires 34 41 20.03 Residential LED Roadway Luminaires 34 41 30 Aluminum Signs 3471 13 Traffic Control CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 8 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httu:Hfortworthtexas.Lyov/tnw/contractors/ or httiDs:Happs.fortworthtexas.i!ov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 12/20/2012 02 11 11 Utl:t; kLu..J....:..; 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 12/20/2012 0334 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 Division 26 - Electrical 26 05 00 C\,...... .,.. 7.t,.k %,aul6 fV. EL,,Lii,,al 11/G'G>GL13 26 05 101 f..1. I✓1.,.,1.1.,alTOy6L�I.LID t2/,2/&L2rJt2 'l�3 iD����.����:.,�� a-.:,'V ay,5 aid Doxo3 foi Lici/aiud S'y'Si-i�iii5 12/iO72012 —k"16-w 13 T.ue4m and l�%v:*y-s-€c--. (Y,• s q:;'Qi"20.1 2C 05 50 0; ......u.:.1.; Division 31 - Earthwork 31 1000 Site Clearing 12/20/2012 zI �a nn Fmhanlrmnn4c ni /')Q/7(117 31 25 00 Erosion and Sediment Control 12/20/2012 11 iF 99 �'isYi�na 13,'�0,4�0.� RiM&- la'20;2012 Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 12/20/2012 —� of ,\g T:XPX&! -A-n1.-.4lt N-Iliiig ROP4111 12,20,20n 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 1 lC;ArU1>/G Ba3G Cu LabG3 1G/GV/GV 1G 32 1129 Lime Treated Base Courses 12/20/2012 32 1133 a.......1 Tlcail;d Dam,- C )U13G3 12/ (j/2J12 1 ��.q 11 -XI, Tr-emed�80 PkaNNaa 88421"2915 32 12 16 Asphalt Paving 12/20/2012 32 1273 Asphalt Paving Crack Sealants 12/20/2012 32 13 13 Concrete Paving 12/20/2012 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 1373 Concrete Paving Joint Sealants 12/20/2012 32 11 16 r,,:JL U-2. 32 1613 Concrete Curb and Gutters and Valley Gutters 10/05/2016 CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 8 32 1723 Pavement Markings 11/22/2013 '. 7 ^f C-';It AZ &Jk' z Pu:»t:»6 11/✓l,'�0'.3 72 71 13 chain F-_'QcN Nnd G/14w '» �29 `xr,.,.a > ,,,.,.eS „,l G W 12"20"2o12 1 3232 13 Cu��-�.�-I'la„� C\,..... �. It,/..:..i..8 �@till� OC/0 ;2010 3291 19 Topsoil Placement and Finishing of Parkways 12/20/2012 3292 13 Hydro -Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 1 ') Imo. v✓ :a. s3,'og,'2916 1 33o3+0 Dyrft"4 nYn /.TIC :. Y3trxig acvv s 11'�� �i +0 J:,:.. � ftr d v.-✓; iaal 3304 11 011luaIm.. C\111/1.v1 T\Jt 01d.J113 12/20/2012 M,,g esiw n reae C-Att,,,,l;,. v,.,.teetiA44 s yst— L2/''A/3Al2 1 3✓� T v�I.�,�a���ftt� (l.±i�i�,v� oi'vnlzr'�1r�� 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 3305 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 ' `.l ' 3 Vla c: Ti.:w T c-tivn*: 9 13,'3J,'301",'' 3305 13 Frame, Cover and Grade Rings - Cast Iron 01/22/2016 3305 13.10 Frame, Cover and Grade Rings - Composite 01/22/2016 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 12/20/2012 Grade 3305 16 Concrete Water Vaults 12/20/2012 3305 17 Concrete Collars 12/20/2012 33 05 20 Aug'z. D 12/20"2012 33 05 21 T\.�u..1. Li..�� flat' 12/20/2012 33 0` 22 Off- 2 _iag P 12/29/3912 23 9523 Hued 12129,13J3 I -3; 05 -24 InUalld i✓a _- Gam.: " 1'415e4ft-Gft"Jing ✓L T:;r.nJ L/.nz,,r r4e.. 9`vi'r9r-2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 1105 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 33 11 13 Pressure Pipe, Bar -Wrapped, Steel Cylinder Type 12/20/2012 3,2 1 1 11 iC�oncrete .J lxia Steel Pipe .,,.,,1 Fi4i g-_ 12,/2Q,/2o1q� 33 1210 IVeZZ1 1 iIiJ1 tee ilkZli 9Zf14,/-2914 33 1211 Large Water Meters 12/20/2012 33 1220 Resilient Seated Gate Valve 12/20/2012 A 1221 A fv"l.'C1 D,([ ,iIly Yalv,,3 n 2020n 33 1225 Connection to Existing Water Mains 02/06/2013 2\2 1230 Eom!n1 ,fta4r.-9n cllye, ssen- 1rviivs; &4: RetaalTc�rCrcc^izsps /'7fl� 1a'qQ'/.2Q1.q 1 33 1.319 Ficc ITS "w*z 01 Q2,13911 I 33 12 ,-0 7'�A i 12,20/2012 CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 7 of 8 33 1260 Standard Blow -off Valve Assembly 06/19/2013 33 31 n C.�-,J .Lii (C'Y) 1L'20;ZGi2 33 31 13 nb,.g/.aa� R,i..f.,..,,.1 INp , fv. Giavily Ga..ila.y llv wc.a Y2 20;mz 22 3. ; ` ZKA. ''S17 —y ►� :r 12/20"29i2� 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer 12/20/2012 Pipe ✓f�31 3122 - Gv'vv'v LiiYtiY.� �1 r1t� 11 10,0� 2 J J 31. 23 [04Y. 7N%p Caor � p-- .r. n3ux,Y1SYYLi, 1Z� 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 -1n r,... bi Lion Aii:£rllye for- g£-mitai-'j'- Sewer- Fefee Maii_r, 12,,20"gol.2� �-33 ;1 3339 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 -33-39-40 'laic 129,12` 1 - 9- 949 Utz Dr FAQ, 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 3341 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 R,inf «,.e P,.lyett.lene (S E) 1Y 11�+ 33 46 00 Subdrainage 12/20/2012 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 19 10 fkz: rm rnainftgo Kead-walls ftttd Wifigwft4,� ^�iri291'rT Division 34 - Transportation 3441 10 xlaffl., .71y11a13 �0;'n/Ian 11 AV. 11 l..J.....;! . _.*._ ­t 1R'10,i01� 3441 8 J.. �-0 t�J1-.-S _ _ fi_ _t _._ i.. ::...� .. . , . ... �.,., Ofl,LOlfl � 4 ?/1 11 1 ^a-^v���i�aJ.�l�.c:.� C Cf -.-.arc O,_ _fealiJ7. 3441 11 T�,iiipviaiy Eaffit, 3igi,ah' 11i22i2013 31 11 13 I1;;__�: Traff; O�b;�al� 3441 1: jlti.%Aaiigulai 'Rapid i laWiiijug 1�ca�v11 Y./�;ZGiJ 3441 16 Ic6cNu1au KiSut16 3igiizii 11iL'�i�ii1J 31 1120 P_qa&* , Ill►mc ingvd�xi A►c-nbli,�,j 12,/2i\/291,2 2^ 11 2n n1 ✓ 1 I i ... A..ti,,fia LED P,.,,a.. ay r �..JN»`il�,.���+G nut cL2o1 S 1 OC7T7!-l�T-J� 3'Y 4120.02 TT�� TT''��TT�� T� 1' ,,way L1. D 1\Ladway Lui,,_ i v�,/ 1.�/ZZJ 34 41 20.03 lL.id...(ial LED R.,adway Luiiiiiiaiica 616;1: ,'2015 34 41 30 Al., ..,..... 3,8,io 11; '1L; 201J 2� 4 41 Gn r C;Yt/r/P_A f!./1P F;1,Pr Qpt;r abl- 34 71 13 Traffic Control 11/22/2013 CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Appendix Page 8 of 8 --GE-4-01 roily Z f Undo GC-4.02 0ubautfa%,%, aiid rhyoi%.al C�,..d.tiv , CC 1.01 Unlytgmtand Ffa iti✓ C-*E-4.0.6 klaa,% dj�jw C-044a' '-.l at iit� 9. r1 T/Iinnrity and 1J7nman Owac l I2neinaee L+nterp4se 1 oa4pl a44G- CC-c.o� «�sz nu�cs oc-i.a� CC-6.2/1 rr✓1diuril»illrti✓l GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised March 20, 2020 00 42 43 DAP - BID PROPOSAL Page 1 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1 3305.0206 Imported Backfill, Acceptable 33 05 10 CF 1254 $9.44 $11,837.76 2 3311.0161 6" PVC Water Pipe 3311 12 LF 209 $50.00 $10,450.00 3 3312.2802 4" Water Meter and Vault 33 12 11 EA 2 $32,538.00 $65,076.00 4 3312.3001 6" Gate Valve 33 12 20 EA 4 $1,703.00 $6,812.00 5 3312.3003 8" Gate Valve 33 12 20 EA 4 $5,436.00 $21,744.00 6 3311.0001 Ductile Iron Water Fittings w/ Restrain 3311 11 EA 4 $363.00 $1,452.00 7 3312.0117 Connection to Existing Water Mains 33 12 25 LF 4 $6,614.00 $26,456.00 8 3305.0109 Trench Safety 33 05 10 LF 209 $0.10 $20.90 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 TOTAL UNIT I: WATER IMPROVEMENTS $143,848.66 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 7-10-2023 Updated Offsite Bidder's Application Vic Centre CFA 00 42 43 DAP - BID PROPOSAL Page 2 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item) Description I Specification I Unit of I Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT II: SANITARY SEWER IMPROVEMENTS 1 3331.3313 8" Sewer Service, Reconnection 3331 50 EA 1 $11,492.00 $11,492.00 2 3339.10001 4' Manhole 33 39 20 EA 3 $7,115.00 $21,345.00 3 3339.10002 4' Drop Manhole 33 39 20 EA 1 $13,459.00 $13,459.00 4 3331.4115 8" Sewer Pipe 3311 10 LF 758 $72.00 $54,576.00 5 3305.0109 Trench Safety 35 05 10 LF 758 $0.10 $75.80 6 3301.0002 Post -CCTV Inspection 3301 31 LF 758 $3.00 $2,274.00 7 3305.0112 Concrete Collar 33 05 17 EA 4 $150.00 $600.00 8 3339.0001 Expoxy Manhole Liner 33 39 60 VF 18 $150.00 $2,700.00 9 3331.4116 8" Sewer Pipe, CSS Backfill 3311 10,33 LF 90 $61.00 $5,490.00 10 3301.0101 Manhole Vacuum Testing 3301 30 EA 4 $250.00 $1,000.00 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $113,011.80 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 7-10-2023 Updated Offsite Bidder's Application Vic Centre CFA UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Page 3 of 7 Bidder's Application Bidlist Item Description Specification Unit of Bid No. Section No. Measure Quantity UNIT III: DRAINAGE IMPROVEMENTS 1 3341.0201 21" RCP, Class 3 3341 10 LF 235 2 3341.0205 24" RCP Class 3 3341 10 LF 1016 3 3349.5001 10' Curb Inlet 33 49 20 EA 3 4 3349.5002 15' Curb Inlet 33 49 20 EA 4 5 3305.0109 Trench Safety 33 05 10 LF 1612 6 0241.3401 Remove 4' Storm Junction Box 0241 14 EA 1 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 TOTAL UNIT III: DRAINAGE IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Bidder's Proposal Unit Price I Bid Value $123.00 $28,905.00 $150.00 $152,400.00 $8,493.00 $25,479.00 $10,392.00 $41,568.00 $0.10 $161.20 $2,858.00 $2,858.00 $251,371.20 7-10-2023 Updated Offsite Bidder's Application Vic Centre CFA UNIT PRICE BID Bidlist Item No. 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 00 42 43 DAP - BID PROPOSAL Page 4 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Project Item Information Description Specification Unit of Bid Section No. Measure Quantity UNIT IV: PAVING IMPROVEMENTS 3211.0702 8" Cement Treatment 3211 33 SY 2669 3212.0304 4" Asphalt Paving Type D 32 12 16 SY 135 32.13.0102 7" Concrete Paving 32 13 13 SY 2669 3213.0303 4" Conc Sidewalk 32 13 20 SF 8433 3216.0101 6" Concrete Curb and Gutters 32 16 13 LF 1558 3291.0100 Topsoil 3291 19 SF 1522 3292.0101 Utility Service Surface Restoration Sodding 32 92 13 SF 761 TOTAL UNIT IV: PAVING IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Bidder's Proposal Unit Price I Bid Value $21.88 $58,397.72 $55.00 $7,425.00 $75.00 $200,175.00 $7.00 $59,031.00 $10.00 $15,580.00 $0.90 $1,369.80 $7.84 $5,966.24 $347,944.76 7-10-2023 Updated Offsite Bidder's Application Vic Centre CFA 00 42 43 DAP - BID PROPOSAL Page 5 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT V: STREET LIGHTING IMPROVEMENTS 1 Roadway Illumination Assemblies 3441 20 LF 908 $9.42 $8,553.36 2 3441.3003 Rdwy Illum Assmbly TY 18 3441 20 EA 4 $237.50 $950.00 3 3441.1405 NO 2 Insulated Elec Condr 3441 10 LF 2736 $4.32 $11,819.52 4 3441.3302 Rdwy Illum Foundation TY 1 3441 20 EA 4 $1,000.00 $4,000.00 5 3441.3342 Rdwy Illum TY 18 Pole 3441 20 EA 4 $581.25 $2,325.00 6 3441.1772 Furnish/Install 240-480 Volt Single Phase 3441 20 EA 1 $1,350.00 $1,350.00 7 3441.1501 Furnish/Install Ground Box Typer B 3441 10 EA 2 $6,250.00 $12,500.00 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $41,497.88 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 7-10-2023 Updated Offsite Bidder's Application Vic Centre CFA UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Page 6 of 7 Bidder's Application Bidlist Item Description Specification Unit of Bid No. Section No. Measure Quantity UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 40 41 42 43 44 45 TOTAL UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Bidder's Proposal Unit Price I Bid Value 7-10-2023 Updated Offsite Bidder's Application Vic Centre CFA UNIT PRICE BID Bidlist Item No. SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Description Specification Section No. Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS This Bid is submitted by the entity named below: I:11111]0111A M-13 Construction Inc. 775 West 1200 North Springville, UT 84663 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: 00 42 43 DAP - BID PROPOSAL Page 7 of 7 Bidder's Application Unit of Bid Measure I Quantity Total Construction Bid Joshua Jackson TITLE: Project Manager DATE: 2/23/2023 Bidder's Proposal Unit Price I Bid Value $143,848.66 $113,011.80 $251,371.20 $347,944.76 $41,497.88 $897,674.30 1 80 working days after the date when the END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 7-10-2023 Updated Offsite Bidder's Application Vic Centre CFA 004512 DAP PREQUALIFICATION STATEMENT Page I of 1 SECTION 00 4512 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 TVDe" box provide the complete maior work tune and actual description as nrovided by the Water Department for water and sewer and TPW for Davine. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Wastewater New Development, C-Con Services, Inc. 4/30/24 Rehabilitation, and Redevelopment Open Cut (12" and under); Water New Development, Rehabilitation, and Redevelopment Open Cut (16" and under); The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: C-Con Services, Inc. 118 Hillside Lewisville, TX 75057 BY: Earl Cotto (Signature) TITLE: President DATE: 7/10/23 END OF SECTION CITY OF FOm WORTH STANDARD CONSTRUCTION PREQUAUFICATION STATEMENT —DEVELOPER AWARDED PROJECTS 004512_PrmuallOraHon Statement 2015_OAPAtl Form Version September 1, 2015 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 I 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. 103932. 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: Company ' I Address City/State/Zip THE STATE OF TEXAS § COUNTY OFTARRANT § By: I%/ t/ I ` e rf Ot, tCe%Signature: � Title: LJ (Please Print) BEFO,RE iytE,Ae yhdersigned authority, on this day personally appeared A F i$� , known to me to be the person whose name is subscribed to the foregoin lnss me and 4cknowledRd to me that he/she executed the same as the act and deed of -/ /h_dl Cr for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10 day of I Notary Public in drld foithe State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 ,,.+.,,e LE� LYN WINTER �:' .�;, Notary Public "��j�{ " STATE OF TIXAS My Comm. Fes. Mar. 21, 2024 Vic Centre, A Multi -Family Subdivision CPN 103932 004512 DAP PREQUALIFICATION STATEMENT Pagc I of I SECTION 00 4512 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 Tvoe" box Drovide the comnlete maior work tvoe and actual description as Drovided by the Water DeDartment for water and sewer and TPW for caving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Concrete Sidewalks, Paving, CIP Paving, LLC N/A - paving and Curbs. contractors DO NOT need to prequalify per City of Fort Worth website The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: CIP Paving, LLC 4329 Reeder Drive Carrollton, TX 75010 BYHAdnianre (Signature) TITLE: Executive Vice President DATE: 7/25/2023 END OF SECTION CRY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT —DEVELOPER AWARDED PROJECTS 00 45 12Prequali0cation Statement 2015_DAP.dm Form Version September 1, 2015 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 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 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. 103932. 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: CIP Paving, LLC Company 4329 Reeder Drive Address Carrollton, TX 75024 City/State/Zip THE STATE OF TEXAS § COUNTY OF DENTON § By: Adrian Flores (Please Print) Signature: 1 Title: Executive Vice President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Adrian Flores , 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. GfVEN UNDER MY HAND AND SEAL OF OFFICE this_25th day of July 20 23 -------------- 4, -, CRYSTAL MEDLIN g NoUrylD#109220 My Commi6a Notary Public in and for the State of Texas y szfon Expires �'>e•F Au9ust21, 2025 y END OF SECTION CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Vic Centre, A Multi -Family Subdivision CPN 103932 0045 12 DAP PR.EQUALIFICATION STATEMENT Pagc I of I SECTION 00 4512 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 TvDe" box Drovide the complete maior work tVDC and actual description as Provided by the Water DCDartment for water and sewer and TPW for Davina. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Electrical installation of IES Residential 01/01/2025 wires, boxes, and fixtures in apartment buildings. The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalif ed for the work types listed. BIDDER: BY: �7r (Signature) TITL +J YV DATE: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUAUFICATION STATEMENT— DEVELOPER AWARDED PROJECTS 00 45 12_Prequalification Statement 2415—DAP.docx Form Version September 1, 2015 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 99J 40 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 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. 103932. 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: By: Company (Please Print) Signature: Address Title: City/State/Zip (Please Print) THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 20 . Notary Public in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Vic Centre, A Multi -Family Subdivision CPN 103932 0045 12 DAP PREQUALIFICATION STATEMENT Page I of I 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 "Major Work Type" box provide the complete major work tvpe and actual description as provided by the Water Department for water and sewer and TPW for paving. Major Work Type Concrete Paving Construction/Reconstruction Contractor/Subcontractor Company Name DDM Construction Corporation Prequalification I Expiration Date 9/1 /2025 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: DDM Construction Corporation 4006 Belt Line Rd., Ste. #230 Addison, TX Dallas County 75001 BY: Zackery Mark ard# (Signature) LE President DATE: 09/29/2023 END OF SECTION CITY OF FORT WORTH STANDARO CONSTRUCTION PREQUAUFICATION STATEMENT —DEVELOPER AWARDED PROJECTS 'COO %�� '•.e� = ®� 566� ® � C �!lJfrlq?�, 00 45 12Prequalification Statement 2015_DAP.docx Form Version September 1, 2015 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 I of l 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. 103932, 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: DDM Construction Corporation Company 4006 Belt Line Rd., Ste. #230 Address Addison, TX 75001 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: Zackery Markwardt (Please Pr' Signature: Tills: President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared ZaGl3Crt/ %�'1af k u/ard , 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 DZ)M Ca►7S-h,,,44,#7 &,., for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,S- v rrt I&e r— , 20A5 Notary Public in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 �q� day of hVictoria osornio K? My Commission Expires ,-- 1111512023 ID No.128858186 Vic Centre, A rWidti-Fmnily Subdivision CPN 103932 MY- ,!-4---AIADocument A101 - 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Fifteenth day of March in the year Two Thousand and Twenty Three ADDITIONS AND DELETIONS: (In words, indicate day, month and year.) The author of this document has added information needed for its BETWEEN the Owner: completion. The author may also (Name, legal status, address and other information) have revised the text of the original AIA standard form An Additions and Vic Partners, LLC Deletions Report that notes added 79 W 900 N, Suite B information as well as revisions to Springville, UT 84663 the standard form text is available from the author and should be reviewed. A vertical line in the left and the Contractor: margin of this document indicates (Name, legal status, address and other information) where the author has added necessary information and where the author has added to or deleted M-13 Construction Inc. from the original AIA text. 775 W 1200 N, Suite 100 Springville, UT 84663 This document has important legal Telephone: 801-489-3215 consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) The parties should complete Al010-2017, Exhibit A, Insurance Vic Center Apartments and Bonds, contemporaneously with 7124 Anderson Bvld this Agreement. AIA Document Fort Worth, Texas 76120 A2019 -2017, General Conditions of the Contract for Construction, is The Architect: adopted in this document by (Name, legal status, address and other information) reference. Do not use with other general conditions unless this Wright Group document is modified. 1430 S Broadway Street Carrollton, TX 75006 972-242-1015 The Owner and Contractor agree as follows. Init.AIA DocumentA101 —2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1967, 1974, 1977. 1987, 1991, 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 by AIA software at 12:20:12 ET on 06/14/2023 under Order No 2114343166 which expires on f 07/24/2023, 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: (3139ADA2E) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) (Paragraphs Deleted) Established as follows: ( A minimum of 15 days after the receipt of the offsite permit and confirmation of funds/ability to fund draws, which ever is later, (80) days offsite construction work will start. After completion of the offsite work there may be a maximum of a (60) day pause in construction before recieving the building permit. During the (60) days, no delays will be assessed to the owner, and no schedule days will be assessed against the contractors schedule and completion date. A minimum of (15) days for mobililization after receipt of the building permit shall be given before contract time begins. Init. AIA DocumentA101 —2017. Copyright@ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 12:20:12 ET on 06/14/2023 under Order No.2114343166 which expires on 07/24/2023, is not t 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: (3B9ADA2E) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) [ ] " No later than ( 822 ) calendar days from the date of commencement of the Work. (The 822 days includes the 80 days for offsite)" (Paragraph Deleted) Portion of Work Substantial Completion Date N/A N/A § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Thirty Eight Million, Seven Hundred Twenty One Thousand, Three Hundred and Ninety Seven Dollars ($ 38,721,397.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item Price Alternates & Development Fee 4,377,271.00 § 4.2.2 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 Price Conditions for Acceptance § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Init. AIA DocumentA101 —2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977. 1987, 1991, 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 12:20:12 ET on 06/14/2023 under Order No.2114343166 which expires on 07/24/2023. 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: (3B9ADA2E) Item Price Swimming Pool $225,000.00 Light Fixture Package $350,000.00 CCIP $300,000.00 Builders Risk $300,000.00 Laundry Equipment (50% of the units) $150,000.00 Weather Delay Days (60 days X $60,000.00 $1,000.00/day) (Table Deleted) § 4.4 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) § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) $1800/ per day penalty for late delivery. $1800/per day bonus for early delivery. § 4.6 Other: Owner to be notified within 5 business days of any weather related delay, preferably during the owner!architect/contractor weekly meeting. ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 5th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 25th day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than Fifteen ( 15 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. Init.AIA Document A101 — 2017. Copyright© 1915, 1918, 1925. 1937, 1951, 1958, 1961. 1963, 1967. 1974, 1977, 1987, 1991. 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 12:20:12 ET on 06/14/2023 under Order No.2114343166 which expires on 07/24/2023, is not t 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: (3139ADA2E) § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201 TM-2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and (Paragraph Deleted) 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) 5% § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) General Conditions, General Contractor Purchased Material, Owner Allowances, Insurance, and P&O. § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modifiedprior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.) If any portion of the project turned over for its intended use, that portion of retention shall be released. § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) Init. AIA DocumentA101 —2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 12:20:12 ET on 06/14/2023 under Order No.2114343166 which expires on 07/24/2023, is not t 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: (3B9ADA2E) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, including material cost increases and lead times, associated with acts of god or national shortages/supply chain issues,The Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. (Paragraph Deleted) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ ] Litigation in a court of competent jurisdiction [ X ] Other (Specify) Mediation followed by Arbitration 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. Init. AIA Document A101 — 2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967. 1974, 1977, 1987, 1991, 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 12:20:12 ET on 06/14/2023 under Order No.2114343166 which expires on 07/24/2023, is not t 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: (3B9ADA2E) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2017. § 7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of, or methodfor determining, the fee, if any, payable to the Contractor following a termination for the Owner's convenience.) Current project costs and its applicable P&O § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's representative: (Name, address, email address, and other information) Porter Christensen Summa Terra Ventures LLC 79 W 900 N, Suite B Springville, UT 84663 Cell Phone: 801-989-2890 Email: porter@summatefraventures.com § 8.3 The Contractor's representative: (Name, address, email address, and other information) Charlie Ford Project Manager M-13 Construction, Inc. 775 W 1200 N., Suite 100 Springville, UT 84663 Cell Phone: 801-787-5943 Email: Charlie@M-13.com § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain the following insurance: M-13 to provide Worker Compensation & General Liability. All others by Owner. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document AJO1Tm-2017 Exhibit A, and elsewhere in the Contract Documents. BONDS NOT INCLUDED. § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201-2017, may be given in accordance with AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: Init. AIA DocumentA101 —2017. Copyright© 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 12:20:12 ET on 06/14/2023 under Order No.2114343166 which expires on 07/24/2023. is not t 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: (389ADA2E) (If other than in accordance with AIA Document E203-2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document Al01TM-2017, Standard Form of Agreement Between Owner and Contractor .3 AIA Document A201T14-2017, General Conditions of the Contract for Construction (Paragraphs Deleted) .5 Drawings Number Title Date EXHIBIT C .6 Specifications Section Title Date Pages N/A NONE PROVIDED .,7 Addenda, if any: Number Date Pages 1 N/A NONE PROVIDED Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ ] AIA Document E204TM-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ] The Sustainability Plan: Title Date Pages [ X ] Supplementary and other Conditions of the Contract: Init.AIA Document A101 —2017. Copyright© 1915, 1918, 1925, 1937. 1951, 1958, 1961, 1963, 1967. 1974. 1977, 1987, 1991, 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 8 American Institute of Architects. This document was produced at 12:20:12 ET on 06/14/2023 under Order No.2114343166 which expires on 07/24/2023, is not t 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: (369ADA2E) Document Title Data Pages EXHIBIT B ASSUMPTIONS & EXCLUSIONS EXHIBIT C THE DRAWINGS .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 T"L2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents) This Agreement entered into as of the day and year first written above. WNKe al re) C RAC R (Si azure) 1 (Prin,fd title) (Printed name an itle)) e �' AIA Document A101 — 2017. Copyright ® 1915. 1918, 1925. 1937, 1951, 1958. 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights 9 (� 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 12:20:12 ET on 06/1412023 under Order No.2114343166 which expires on 0712412023, is not 1 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@alacontracts.com. (3B9ADA2E) User Notes: Additions and Deletions Report for AIA` Document A 101" - 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:20:12 ET on 06/14/2023. PAGE 1 AGREEMENT made as of the Fifteenth day of March in the year Two Thousand and Twenty Three Vic Partners. LLC 79 W 900 N. Suite 13 Sorinaville. UT 84663 M-13 Construction Inc. 775 W 1200 N. Suite 100 Suineville. UT 84663 Teleahone: 801-489-3215 Vic Center Anartments 7124 Anderson Bvid Fort Worth. Texas 76120 Wriizht Grout) 1430 S Broadway Street Carrollton. TX 75006 972-242-1015 PAGE 2 [ ] Thz: , [ ] A k1a set r rth i:l/C t:✓(ra`�CeI1L' li�\`,.1"1%',7/J 111�:-,'\'r\*r-. Additions and Deletions Report for AIA Document A101 —2017 Copyright© 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991. 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 12:20:12 ET on 06/14/2023 under Order No.2114343166 which expires on 07124/2023, 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: (3139ADA2E) P --Established as follows: #+f ■ d4til XS I ■fJcr•-neneewieta: of tYr- Wcrl,.)A_minimum of 15 days after the receipt of the offsite hermit and confirmation of funds/abiIity to fund draws. which ever 1s later. (80) days offsite construction, work will start. After como]etiOn of the offshe work there may be a maximum of a (60) day pause in construction, before recievins the buildine permit. Durine the (60) days. no delays will be assessed to the owner. and no schedule days will be assessed aeainst the contractors schedule and completion date. A minimum of (15) days for mobililixation after receipt of the buildina hermit shall be Given before contract time begins.. PAGE 3 [ ] Net later IkAr, (" No later than ( 822 ) calendar days from the date of commencement of the *erk:Work. . (The 822 days includes the 80 days for offsite) Zimcn6 af'd:a C&W-wct Tir.z m-,"iIII r III &r MrRrt lti sa •, `iwz of 6S W07'k afe to be cemplete r .: i r r l'AC� we o W I, t■ ✓ J9%»�i� t• ^11 lfri i `_'iw\Al'Rt:la�l rh�r rc �i,�e,�-�„ �ft�-�.ri � .r. Gempletien of aatl: iy tlt N/A N/A § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Thirty Eight Million, Seven Hundred Twentv One Thousand. Three Hundred. and Ninetv Seven Dollars ($ 38.721.397.00 ),subject to additions and deductions as provided in the Contract Documents. Alternates & Development Fee 4.377.271.00 Additions and Deletions Report for AIA Document A101 — 2017. Copyright© 1915, 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 12:20:12 ET on 06/14/2023 under Order No.2114343166 which expires on 07/24/2023, 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: (3B9ADA2E) PAGE 4 Item Price Conditions for Accentance. ltern Price ttern Prise Item Price Item Price Swimmine Pool $225.000.00 Lit}ht Fixture Packat~e $350,000.00 CCl P $300,000.00 Builders Risk $300.000.00 Laundry Equipment (50%of the units $150,000.00 Weather Delav Days (60 days X $60,000.00 $1.000.00/dav) Item Units and Limitations Price aer Unit ($0.001 MeritUnits-imWtatuens P-FiG9pe'1�--UAc( 007 $1800/ Der day nenalty for late delivery. $1800/ver day bonus for car Iv delivery., { �. Y:'+tir1 i:vie+ep f �ituiiu #)- fk7t r-igrrgt :vf rill i:r, Chimer• 10 be notified within 5 business thmv ofrruv rrewher rehried rlekrr, nrO&P-abli, drrrirry the oirner archifeel conlravlo); ireekA meetirriz. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 5th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 25th day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than Fifteen ( 15 ) days after the Architect receives the Application for Payment. Additions and Deletions Report for AIA Document A101 — 2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991. 1997, 2007 and 2017 All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract 3 Documents" are trademarks of The American Institute of Architects. This document was produced at 12:20:12 ET on 06/14/2023 under Order No.2114343166 which expires on 0712412023, 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. U(3B9ADA2E) User Notes- PAGE 5 .7 Tl,�t rrrt%r. cf CQ .rt~►rtir.''Y.��e-B+�eeti•:��a Ilrt tic- Ar+tlt:�ir� �ot�a�rai;n+ty Rr al:. ,�;Jri�;vt'z pre€ean�unal jt:dgsr rt., tr !tc : +�;n��t�!y j3&pifad; §-5.1.6.2 The amount of each progress payment shall then be reduced by: 5% General Conditions. General Contractor Purchased Material. Owner Allowances. Insurance. and P&O If anv nortion of the Droiect turned over for its intended use. that oortion of retention shall be released PAGE 6 § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, *e-including material cost increases and lead times. associated with acts of god or national shortases/sunn1v chain issues.The Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. _.1 � ✓?.�tt111 \\\a*rc*xc-v'+r"rrl!'.. �G:ll:ir Ljia"�:�•• •,f a1.� I`.-.a*:��:�" E\�� \lf::lnk'/ :(�V'Rn�ripti•„�c�._�. l.n.� F dials a tar�r.�t r�l rat #,'Rqt been delivefei ztarrg st trees F� [ X ] Other (Specie) Mediation followed by Arbitration PAGE 7 Current oroiect costs and its anolicable P&O Porter Christensen Summa Terra Ventures LLC 79 W 900 N. Suite B Springville. UT 84663 Cell Phone: 801-999-2890 Email: norterasummaterraventures.com Additions and Deletions Report for AIA DocumentA101 — 2017. CopyrightO 1915, 1918. 1925, 1937, 1951. 1958, 1961. 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract 4 Documents" are trademarks of The American Institute of Architects. This document was produced at 12 20:12 ET on 06l14f2023 under Order No.2114343166 whleh expires on 07/24/2023, is not for resale, is licensed for one4ime 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: (3B9ADA2E) Charlie Ford Proiect Manaeer M-13 Construction. Inc. 775 W 1200 N., Suite 10Q _ SDrineville. UT 84663 Cell Phone: 801-787-5943 Entail: Charlier'a M-13.corn § 8.5.1 The Owner and the Contractor shall purchase and maintain Inc : f � AIA'�i�►, =Tm X 17, 9,Uw.d;,,d F.IwAf D YM: Z e t Betweeli Ow" or 2&' ✓%ti'-'lr w her ., � ► , F _ , m x a S#J-Amww sum-, �� I.,�;rc o + i �- *'- ���•- ^} r,n ^^ the following insurance: M-13 to Drovide Worker Compensation & General Liabilitv. All others by Owner. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document AJO1Tm-2017 Exhibit A, and elsewhere in the Contract Documents. BONDS NOT INCLUDED. PAGE 8 2 A 1 A h I A 101TM rf—rssa-C-vvv�r»i-YL-r'o^a—� v r�-i......... . :t A1.+1 !,'l7�rnesY 502T"' 7�]1?, i?yldieg-litwr�v� fiA'�and Digital Data dated -as (!iacrt iW ho—c of the ]V i itv4 r crxtr tt iff'c oh-j 9.gry piaeW4. Number Title Date EXHIBIT C der Title Date Section Title Date Pages NIA NONE PROVIDED, Additions and Deletions Report for AIA Document A101 - 2017 Copyright© 1915, 1918, 1925, 1937, 1951. 1958. 1961, 1963, 1967, 1974, 1977, 1987, 1991. 1997, 2007 and 2017 All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract 5 Documents" are trademarks of The American Institute of Architects. This document was produced at 12:20:12 ET on 06/14/2023 under Order No.2114343166 which expires on 0712412023, 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: (3139ADA2E) SestieR TWO Bate Number Date Pages N/A NONE PROVIDED N-mbar. Bate Pages Title Date Pages TWO Bate Pages [ X ] Supplementary and other Conditions of the Contract: PAGE 9 Pages Document Title Date Pages EXHIBIT B ASSUMPTIONS & EXCLUSIONS EXHIBIT C THE DRAWINGS Besafnent Title Date Pages 77Z(Signutt C QR (Sign tore) r a���� (Printed ha u d title) f + i+rted na+n and title) Additions and Deletions Report for AIA Document A101 — 2017. Copyright m 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991. 1997. 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract 6 Documents" are trademarks of The American Institute of Architects. This document was produced at 12:20:12 ET on 06114/2023 under Order No.2114343166 which expires on 07/2412023, 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@aiecontracts.com. User Notes: (3B9ADA2E) Certification of Document's Authenticity AIA® Document D401 "I — 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 12:20:12 ET on 06/14/2023 under Order No. 2114343166 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA10 Document Al01TM - 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, other than those additions and deletions shown in the associated Additions and Deletions Report. lam'' ag4ned) Y& M "[ (Title) (�Dely AIA Document 0401 —2003. Copyright O 1992 and 2003. 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 12:20:12 ET on 06114/2023 under Order No.2114343166 which expires on 07/24/2023, 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@alacontracts.com. User Notes: (3B9ADA2E) t~ Construction, Inc. 775 775 West 1200 North Ste. 100 Springville, UT 84663 M ---J Z Phone (801) 489-3215 qqq e { Fax (801) 489-8493 l /� D O Licensed in UT: 4985958-5501, CA: 1000404. FY Y! AZ: ROC249208, ID: RCE-22534 C-Con Services, Inc. 118 Hillside Dr Lewisville, Texas 75057 RE: LETTER OF INTENT — Vic Center Apartments To Whom It May Concern: This letter is to inform you that you have been awarded the contract for Site Utilities, on Vic Center Apartments, Project # 23-003 in the amount of Two Million Eight Hundred Eighty -One Thousand Six Hundred Fifteen Dollars And Zero Cents, $2,881,615.00 including tax and delivery. This serves as a notice to proceed immediately with shop drawings, submittals and/or job site construction as per schedule. Your contract will follow. If you are a supplier only, this is an order to purchase your materials as per plans and specs and deliver to job site as directed by schedule. An immediate reply is requested. Your subcontract number is 23-003-2500. Sincerely, Oaks Morley Project Manager Construction, Inc. 775 775 West 1200 North Ste. 100 Springville, UT 84663 Z Phone (801) 489-3215 j Fax (801) 489-8493 y ��/ O Licensed in UT. 4985958-5501, CA 1000404, r AZ' ROC249208, IDS RCE-22534 C-Con Services, Inc. 118 Hillside Dr Lewisville, Texas 75057 RE: Vic Center Apartments To Whom It May Concern: We are looking forward to working with you on this project and welcome you aboard. We would also like to take this opportunity to inform you of our company policy: No payments will be disbursed and no work can be performed by your company on this project, until we have received the following documents in our office: 1. Signed Subcontract or Supplier Agreement (attached) 2. Certificates of Insurance, as required and outlined in Article 8 of the Subcontract Agreement 3. Shop Drawings and Submittals (2 copies) 5. Copy of your State Contractor's License (if applicable) 6. Federal Tax I.D. Number or Social Security Number on signed W-9 form. This must be received before your first payment is released or, by law, we are required to withhold 31 % to cover your taxes. 7. Invoices submitted by the 20th of each month will be paid on current draw when received from owner. Your prompt attention to this matter will be appreciated. Sincerely, Oaks Morley Project Manager THIS IS A LEGALLY BINDING AGREEMENT UPON WHICH M-13 CONSTRUCTION, INC. RELIES. PLEASE READ IT CAREFULLY. SUBCONTRACT AGREEMENT JOB NUMBER: 23-003 SUBCONTRACTOR: C-Con Services, Inc SUBCONTRACT M 23-003-2500 DATE: 7.0 -3 PROJECT NAME: Vic Center Apartments (hereinafter "projecr). THIS SUBCONTRACT AGREEMENT (hereinafter 'Agreement' or'Subcontrect Agreement') is made at Springville, Utah, this, between M-13 Construction. Inc, (Contractor) a Utah corporation licensed in UT: 4985958-5501. CA 1000404, AZ: ROC249208, ID: RCE-225M and C-Con Services, Inc. (Subcontractor), an independent contractor. In consideration of these covenants, Contactor and Subcontractor agree as follows: 1. SCOPE OF WORK 1.1 Scope. The Work to be performed by Subcontractor under the terns of this Agreement consists of furnishing all supervision, management, expertise, scheduling, labor, materials, tools, implements, equipment, licenses, permits, fees, etc. to do all of the Work Identified below. The Work to be performed by Subcontractor includes the Work specifically set forth in this Agreement as well as any and all other incidental or related Work, including any Work ordinarily and usually performed, and the supply of all facilities ordinarily and usually provided as part of the Work covered by this Subcontract Agreement or ordinarily and usually performed by a Subcontractor doing work of such Ueda classification. Contractor reserves the right to issue additional and supplemental change orders which shall be deemed incorporated into this Agreement, all of which shall be referred to as the Work. 1.1.1 Scope of work shall he In accordance with all contract documents including plans, specifications, and any and all addenda and shall include, but not be limited to: DIVISION 1 GENERAL CONDITIONS, SECTION(S) SITE UTILITIES and all EXHIBITS. IF ANY WORK IS DONE ON THIS PROJECT PRIOR TO RECEIPT OF SIGNED CONTRACT IN THE OFFICE OF THE GENERAL CONTRACTOR, THE GENERAL CONTRACTOR MAY, AT HIS OPTION, CONSIDER THIS DOCUMENT LEGALLY BINDING ON THE SUBCONTRACTOR AND HOLD THE SUBCONTRACTOR TO THE TERMS AND CONDITIONS OF THIS DOCUMENT BASED ON SUBCONTRACTOR'S ACTIVITIES IN COMMENCING WORK ON THE PROJECT. 2. CONTRACT DOCUMENTS 2.1 Contract Documents Defined. The Contract Documents for this Agreement consist of this Subcontract Agreement, Warranty, Supplier ARdavd, Addenda the bid and permit package documents, including the plans and specifications prepared by, hereafter known as Architect, the prime contract and general conditions between Contractor and (Owner), together with any amendments or change orders to this Subcontract Agreement, all of which are collectively referred to as the Contract Documents. The Contract Documents are fully incorporated into and made a part of this Agreement. The Contract Documents are available in Contractor's office at 775 West 1200 North, Suite 100, Springville, Utah 84663, and Subcontractor acknowledges that it has had the opportunity to carefully examine them and understand them completely. 2.2 Flow Down of Contract Documents. Subcontractor and its lower tier subcontractors and suppliers accept all Contract Documents and are bound by them. Subcontractor acknowledges that it understands and accepts the concept and procedures of the prime contract between Contractor and Owner and that they are binding upon Subcontractor. Subcontractor is bound to Contractor by the Contract Documents and shall assume toward Contractor, with respect to Subcontractor's performance, the obligations and responsibilities which Contractor assumes toward Owner. The Contract Documents shall be construed in accordance with the laws of the State of Texas. Subcontractor shall bind its lower-fler Subcontractors to the performance obligations and responsibilities which Subcontractor assumes toward Contractor through appropriate and like flow -down provisions in the Subcontractor's Agreements with its sub -subcontractors and suppliers. 2.3 Examination and Acceptance of Contract Documents and Site. Subcontractor represents that it has carefully examined the plans and specifications, if any, for the Work, and has fully acquainted itself with all other conditions relevant to the Work, the site of the Work and its surroundings. Subcontractor agrees to assume the risk of such conditions, and will, regardless of such conditions or the expense or difficulty of performing the Work, fully complete the Work for the stated contract price. Except for items and infomiation which Contractor is expressly obligated under this Agreement to furnish to Subcontractor, information on the site of the Work and local conditions at the site furnished by Contractor are not guaranteed by Contractor and are furnished for the convenience only of Subcontractor. 2.4 Acceptance of Intent of Contract Documents. The specifications and drawings, if any, may not be complete in every detail. Subcontractor shall comply with their manifest intent and general purpose, taken as a whole, and shall not avail itself of any errors or omissions to the detriment of the Work. Should any conflict, error, omission or discrepancy appear in the drawings and specifications, Subcontractor shall notify Contractor at once and Contractor will issue written instructions to be followed. If Subcontractor proceeds with any of the Work in question prior to receiving written instructions, all necessary corrections shall be at Subcontractor's expense. 2.5 Priority of Contract Documents. The Contract Documents should, if possible, be read so as to give all provisions meaning and application. If, however, a conflict exists between this Agreement and other Contract Documents, this Agreement shall have priority and control. If this Agreement is silent as to a provision contained in other Contract Documents, that silence does not imply nonenforcement of the contract provision. 2.6 IMsigri/Build Nature of Contract. Subcontractor hereby acknowledges that in many cases, specifications for materials and methods related to Subcontractors Scope of Work are limited to notes on the plans and can be ambiguous. Subcontractor warrants and represents that it has specified materials and methods that are suitable for the intended application and are cost-effective. Such materials and methods have been submitted to Contractor for review, but unless specifically waived by Contractor in writing, Subcontractor is not relieved of the responsibility to specify, provitle, and install materials and equipment which adequately meet the intended use of the project and the warranty requirements herein. It is hereby understood that the Subcontractor has been chosen as an expert in this particular scope of work and Is therefore responsible to notify the Contractor of any and all concems the Subcontractor may have in providing a product that is suitable based on the specifications called out on the plans. If the Subcontractor fails to specify materials and methods as represented in this provision, Subcontractor hereby authorizes Contractor, in Contractor's sole discretion, to specify materials and methods that are suitable for the intended application and that are commercially reasonable. Should Contractor specify the materials and methods related to the Subcontractor's Scope of Work, as outlined herein, Subcontractor agrees to provide and install the specified materials and equipment necessary to perform the Work without modification to the Contract Price. 3. PROSECUTION OF WORK 3.1 Commencement of Work. Subcontractor shall commence the Work to be performed under this Agreement no less than 7 days after receipt of Notice to Proceed from Contractor and shall prosecute and complete its Work in accordance with the Contract Documents. 3.2 Prosecution of the Work. Subcontractor shall proceed with each and every part of this Agreement in a prompt and diligent manner. Subcontractor, without additional compensation, shall perform this Subcontractor Agreement at the times. in the order and in the manner as Contractor may direct. Subcontractor shall commence, continue and complete Its performance of the Work so as not to delay Contractor. Owner, or other contactors or subcontractors so as to Insure timely completion of the prime contract. Particularly Subcontractor agrees to provide. at its expense, additional workers and/or to work on an overtime or shift basis should Contractor reasonably so direct. If Subcontractor does not adhere to the schedule and does not add additional manpower as needed, Contractor may at Subcontractors expense hire additional crews to supplement In the event that the unpaid balance due exceeds Contractors cost of completion, the difference shall be paid to Subcontractor; but if such expense exceeds the balance due, Subcontractor agrees to promptly pay the difference to Contractor. 3.3 Schedules. Subcontractor shall furnish sufficient forces to assure proper performance of its Work under this Agreement in strict compliance with all schedules, including amended schedules, as may be required or provided by Contractor. The schedules, including amended schedules, are incorporated in this agreement by this reference. Likewise, subsequently provided schedules or amended schedules, if any, will be deemed incorporated when famished to Subcontractor. At the request of Contractor, Subcontractor shall provide a schedule of its Work under this Agreement showing timely completion. 3.4 Time is of the Essence. Any time specified for the completion of this Agreement, or portion thereof, is a material provision of this Agreement, and time is of the essence. Subcontractor agrees to be bound by the completion dales and schedule, if any, or subsequent amended schedules incorporated by this reference. loci [NIT 3.5 Delay Damages. If Subcontractor or its lower -tiered subcontractors, suppliers or materialmen default in performance in the Work or should otherwise conduct their performance in such a way to cause delay to the Project, Subcontractor shall be liable for all losses, costs, expenses, liabilities, and damages, including, but not limited to, consequential damages and liquidated damages, sustained by Contractor or for which Contractor may be liable to Owner or any other party because of Subcontractors default. 3.6 Quality Personnel Subcontractor shall be responsible for selecting personnel who are well qualified to perform the required Work. All Subcontractor personnel entering onto the Project shall conform to all security regulations and other regulations, rules and laws which may be in effect during the period of this Agreement. Any employee of Subcontractor deemed by Contractor, in Contractor's discretion, to be objectionable shall be removed from the jobsite immediately on Contractor's request and shall be promptly replaced by Subcontractor at no extra expense to Contractor. 3.7 Right of Joint -Check Payment. Contractor, at its option, may make any payment due by check payable jointly to Subcontractor and any of Its subcontractors or suppliers who have performed Work or furnished materials under this Agreement. 3.8 Proper Superintendence. Al all times during performance of this Agreement and until the Work is completed and accepted, Subcontractor shall directly superintend the Work or assign and have on the jobsite a competent superintendent who is satisfactory to Contractor and who has authority to act for Subcontractor. 3.9 Warranty. Subcontractor warrants to Owner, ArchitecVEngineer and Contractor that all materials and equipment furnished shall be new unless otherwise specified and that all work under this Agreement shall be performed in a good and workmanlike manner, and shall be of good quality, free from faults and defects and In conformance with the Contract Documents, for a period of one year from the date of Project completion. All Work not conforming to these requirements, including substitutions not property approved and authorized, may be considered defective. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy required by law or by the Contract Documents. Subcontractor shall require similar warranties from all vendors and lower fier subcontractors. Establishment of the warranty period for correction of the Work relates only to the specific obligation of Subcontractor 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 its warranty obligations. Furthermore, Subcontractor agrees to assume towards Contractor all the obligations and responsibilities that Contractor assumes toward Owner as set forth in the Contract between Contractor and Owner, including, but not limited to warranty or guarantee requirements, and, including all conditions, drawings, specifications and addenda thereto and other Documents which herein have been referred to insofar as applicable, generally or specifically, to the labor, services or materials furnished under this Agreement. 3.10 Protection of Work or Others. In carrying out the Work, Subcontractor shall take all necessary precautions to protect the Work and the work of other trades from damage caused by Subcontractor's operations. In the event that Subcontractor causes damage to the Project or to the property of the Contractor or others, Subcontractor shall promptly remedy such damage to Contractors reasonable satisfaction within two (2) days of notice thereof from Contractor. Upon Subcontractor's failure to do so, Contractor may remedy the damage itself and deduct the cost thereof from the Contract Sum. 3.11 Subcontractor shall keep the Project free from all mechanic's liens, bond claims, stop payment notices or claims arising by reason of its work. If Subcontractor fails to remove any mechanic's liens, bond claims, stop payment notices or other claims, Contractor may retain sufficient funds due by Contractor to Subcontractor to pay the lien, bond claim, stop payment notice or claim, and all related expenses, including attorneys' fees from any contract funds retained by Contractor or which may otherwise be owing to Subcontractor, regardless of whether those funds derive from this Project. 3.12 Subcontractor shall provide six (6) copies of submittals, complete shop drawings, catalog cuts, samples etc., to M-13 Construction, Inc., no later than two (2) weeks following the date of this Agreement. 3.13 Contractor may occupy and use any portion of the Project which has been either partially or fully completed by Subcontractor before final inspection and acceptance thereof by the Owner. Such use shall not effect Subcontractor's guaranty of work and materials or Subcontractor's obligation to repair at its own expense any defect discovered prior to Owner's acceptance of the Work. 3.14 Should the proper performance of any work under this Agreement depend upon proper performance furnished by Contractor or other subcontractors, Subcontractor agrees to discover and report to Contractor in writing any defects. Subcontractor shall then accept or reject such remedies before proceeding with its work affected by such defects and shall allow Contractor a reasonable time in which to remedy such defects. In the event Subcontractor does not report such defects to Contractor in writing or accepts remedies completed by Contractor by proceeding with its work, Subcontractor fully accepts the work of others as being satisfactory and shall be fully responsible for satisfactory performance of its work, regardless of the defective work of others. 3.15 Reasonable charge for unloading, hoisting, layout equipment, materials, tools, phone, dumpster, or other services provided by Contractor for Subcontractor shall be deducted from amounts otherwise due Subcontractor. 4 PAYMENT 4.1 Contract Price. In consideration of the complete and timely performance of all Work under this Agreement, Contractor shall pay to Subcontractor the sum of Two Million Eight Hundred Eighty -One Thousand Six Hundred Fifteen Dollars And Zem Cents $2.881,615.00. All pay requests under this Agreement shall be on "Subcontractor Billing Form provided by M-13 Construction. 4.2 Subcontractor will be Paid only after Contractor Receives Payment. CONTRACTOR'S RECEIPT OF PAYMENT FROM OWNER IS AN EXPRESS CONDITION PRECEDENT TO CONTRACTOR'S PAYMENT OBLIGATIONS TO SUBCONTRACTOR. The subcontractor is paid only ff the general contractor is paid. In other words, the subcontractor will not be paid unless the general contractor receives payment from the owner. Therefore, the general contractors receipt of payment from the owner is a condition precedent to paying the subcontnictor. Accordingly, the subcontractor assumes the risk of nonpayment by the owner due to insolvency or other inability to pay. 4.3 Information Necessary for Payment. Regardless of the time of performance under this Agreement, Subcontractor shall provide the following certificates, schedules and information to Contractor prior to receiving any payment under this Agreement. (a) Certificates of insurance. (See Pamgmph 7 of the Agreement.) (b) Invoices showing each principal category of Work which substantiates amounts requested in such detail as requested by Contmctor for determining progress payments. (c) Certified payroll information if required. (d) Copy of State Contractors License. Subcontractors are required by law to be licensed under the laws of the State of Texas. (a) Schedules as required by Contractor. (1) Performance and payment bonds as required by Paragraph 8 of this Agreement (if applicable) (g) Submittal information and shop drawings as required by Contractor. (h) Subcontractor and all of its lower-fier subcontractors and suppliers shall furnish statutory waivers consistent with the State of Texas. (1) Signed Warranty Form 0) Supplier Affidavit Form (k) Invoice received in Contractors office by 20th of the month. All Applications for Payment and all supporting documents (including but not limited to lien waivers, swom statements, and the like) for Supplier and its sub -suppliers, shall be in electronic format and shall be submitted to Contractor using Procore. 4.4 Right to Hold Retention. Contractor agrees to pay Subcontractor monthly progress payments up for 95% of the work performed in the preceding month in accordance with the monthly estimate prepared by Subcontractor and as approved by Contractor and Architect. Payments shall be made as stated above as the Work progresses unless Subcontractor is in default. An amount equal to 5.0% of Subwntractors approved progress payment will be retained by Contractor which retainage Contractor will hold until (1) the entire project has been completed, (2) Contractor receives final project payment and retainage from the Owner, (3) Subcontractors Work is accepted by the Contractor as final and (4) Subcontractor furnishes Contractor with satisfactory evidence that all obligations incurred by Subcontractor pursuant to this Agreement have been paid in full. 4.5 Right of Offset. Contractor may offset against any sums due Subcontractor under this Agreement the amount of any obligations of Subcontractor to Contractor. whether or not arising out of this Agreement. Offset may be used against Subcontractor, Officers, DBA, subsidiaries, or assigns. 4.6 Right to Withhold upon Breach. In the event of any breach by Subcontractor of this Agreement or in the event of the assertion by others of any claim against Owner. Contractor or Contractors surety, which claim arises out of Subcontractors performance, Contractor may, but is not required to, retain out of any payments due to Subcontractor an amount sufficient to protect Contractor from any and all loss, damage or expense therefrom, until the claim has been adjusted by Subcontractor to the satisfaction of Contractor. 4.7 Verhication of Unit Prices. Subcontractors with unit price contracts shall, upon request from Contractor, provide copies of payroll records, invoicing, etc., so that Contractor can verify actual costs associated with the Work. 5. CHANGES 5.1 Consent to Changes. Contractor may make changes in the Work to be performed and materials to be furnished under this Agreement at any time by written order and without notice to Subcontractors surety. Subcontractor shall promptly perform its Agreement as changed. 5.2 Written Change Orders. No alteration, addition, omission or change shall be made In the Work or the method or manner of performance of the Work except upon written change order of Contractor. Any change or adjustment in the wntract price by virtue of such Change Order shall be specifically staled in the applicable Change Order. INIT Prior to the issuance of any Change Order, Contractor may require Subcontractor to furnish to Contractor a detailed breakdown showing the value of the Work, labor, services and materials altered, added, omitted or changed by the proposed Change Order. If an agreement as to monetary allowance or any other lens in the Change Order cannot be reached, Contractor, by an authorized representative, may direct Subcontractor in writing to perform the Work with the final adjustment reserved until final completion of both this Agreement and the Prime Contract. The monetary amount for the pedornmance of any Change Order shall not exceed the allowance set forth in Subcontractor's prior price breakdown. 5.3 Limitation of Time Extensions Arising from Changes. Any extension of time needed as a result of a proposed Change Order shall be requested by Subcontractor, in writing, prior to the issuance of the Change Order, and shall be incorporated Into the change order at the discretion of Contractor. 5.4 Changes Incorporated into Contract Documents. All changes in the Work ordered In writing by Contractor shall be deemed to be part of the Work under this Agreement and shall be performed and furnished in strict accordance with all of the terns and provisions of the Contract Documents. 5.5 Contractor's Authorized representative. Authorized representative, as referenced in Article 5.2, refers only to Contractor's project managers) and/or corporate officers. On -site superintendents do not have the authority to approve changes to scope of work or to authorize change orders which affect the monetary value of the work. All such change orders must be approved by authorized represented as detailed above and approved before work is started. 6. CLAIMS AND DISPUTES 6.1 Claims for Extras or Omissions. A claim for extras or omissions will not be honored for payment or credit unless authorized in writing by the Contractor pnor to the commencement of the Work (extra or omissions) or delivery of materials resulting from the claimed extras or omissions. This condition applies equally to omissions, as may be required, of any or all of the Work, for which omissions a credit order will be allowed on the Subcontract price by the Subcontractor. No claims for damages for delays, whether caused in whole or in part by any conduct on the part of the Contractor, or delays by other subcontractors, Owner, or other individuals or entities shall be recoverable from Contractor, the sole remedy of Subcontractor for delay damages shall be an extension of time. 6.2 Timely Notice of Claim. Subcontractor agrees to make all claims for which Owner Is or may be liable in the manner provided In the Contract Documents for like claims by Contractor upon Owner. Notice of such claims shall be given by Subcontractor to Contractor within the time required in the Contract Documents, or one week prior to the beginning of Subcontrectoes Work for which the claim is to be made, or immediately upon Subcontractor's knowledge of the events which comprise the claim, whichever shall occur first. Otherwise, the claim shall be deemed waived. 6.3 Agreement to Mediate Dispute. If both parties agree, Contractor and Subcontractor shall submit all unresolved claims, unresolved change orders, counterclaims, disputes, controversies, and other matters in question between them or arising out of or relating to this Agreement or the breach of the Agreement, including liens and bond claims (all of which will hereinafter be referred to as *Dispute"), to mediation prior to filing a lien, stop payment notice or bond claim and prior to either party initialing against the other a demand for arbitration pursuant to Paragraph 6.4 below, unless delay in initiating or prosecu0ng a proceeding in an arbitration or judicial foram would prejudice the Contractor or Owner. The Contractor and Subcontractor shall agree in writing as to the Identity of the mediator and the rules and procedures of mediation. If the Contractor and the Subcontractor cannot agree, the dispute shall be submitted to mediation under the then current Construction Industry Mediation Rules of the American Arbitration Association. 6.4 Agreement to Arbitrate. Notwithstanding other Contract Documents provisions to the contrary, all Disputes that the Contractor and Subcontractor are unable to resolve by mediation shall be decided by binding arbitration through the American Arbitration Association under the Construction Industry Rules unless the issue or Issues in Dispute pertain to the Owner. In the even any claim or Dispute relates or pertains to the Owner, the Dispute shall be decided by the dispute resolution process provided in the Contract between Contractor and Owner, but only if the Contract between Owner and Contractor allows Subcontractor to be a party to the dispute resolution process. 6.5 Notice of Arbitration Demand. Notice of demand for arbitration must be filed In writing with the other party to this Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the dispute has arisen, but not prior to or during the pendency of the meditation as agreed in paragraph 6.3. In no event may the demand for arbitration be made after the date on which institution of legal or equitable proceedings based on such disputes in question would be barred by the applicable statute of limitations. 6.6 Parties to the Arbitration. Contractor and Subcontractor agree, to the extent permitted by the terms or the Contract between Owner and Contractor, to have any Dispute that relates or pertains to Owner decided in the same action or proceeding. In the event the Contract between Owner and Contractor does not permit Subcontractor to be a party to the Action, Subcontractor agrees to stay any Action or proceeding as against Contractor to allow Contractor to adjudicate any Subcontractor claims that relate or pertain to the Owner. Subcontractor agrees to cooperate fully with Contractor in connection with any claims that relate or pertain to Owner. 6.7 Final Award. The award rendered by the arbitrators) will be final, judgment may be entered upon it in any court having jurisdiction, and the award will not be subject to modification or appeal. There shall be no interlocutory appeal of an order compelling arbitration. 6.8 Continuation of Work. Unless otherwise agreed In writing or upon default of Subcontractor as provided by this Agreement, the Subcontractor shall continue to carry out is responsibilities under this Agreement during any Dispute, and the Contractor shall continue to make payments in accordance with this Agreement. 7. WORKPLACE ACCIDENT AND INJURY REDUCTION PROGRAM 7.1 Subcontractor's compliance with Work Place Accident & Injury Reduction Program. Subcontractor agrees that M-13's Accident and Injury Reduction Program hereby is considered a part of this agreement and all parties must abide by it. 7.2 Subcontractors shall enter into an agreement with Contractor an all projects, in which the Contractor will set forth the manner and method in which all work will be executed. 7.3 Noncompliance rights and powers. If the Subcontractor or any employee of the Subcontractor violates the agreed upon terms in the Workplace Accident and Injury Program agreement, the Contractor maintains the right to: A. Terminate the contact with the Subcontractor, B. Remove the Subcontractor from the work site; C. Require the Subcontractor to permanently remove the employee who violates the Workplace Accident and Injury Reduction Program agreement from the project for which the Contractor is procuring work 7.4 Job site equipment. The Subcontractor shall provide safe and appropriate equipment subject to the right of the Contractor to: A. Inspect regularly, B. Require the Subcontractor to repair, replace, or remove equipment which the Contractor determines unsafe or not appropriate. 8. INSURANCE AND INDEMNITY 8.1 Subcontractor's Liability Insurance. The Subcontractor shall purchase and maintain insurance to protect the Subcontractor from the claims set forth below that may arise out of or result from the Subcontractor's performance of Work pursuant to this Agreement. Policy must contain a per project Aggregate Limit of Liability endorsement. 8.1.1. Worker's Compensation. Claims under Worker's compensation, disability benefits and other similar employee benefits acts that are applicable to the Work performed; B. 1.2 Employers Liability. Claims for damages because of bodily Injury, occupational sickness or disease or death of Subcontractors employees under any applicable employer's liability law; 8. 1.3 Non -Employee Liability. Claims for damages because of bodily Injury or death of any person other than Subcontractors employees; 8. 1.4 Personal Injury Coverage. Claims for damages insured by usual personal injury liability coverage; 8.1.5 Property Liability Claims. Claims for damages other than to the Work itself, because of injury to or destruction of tangible property, including loss of use; or 8.1.6 Motor Vehicle Liability. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle and shall cover owned, hired, borrowed and nonowned automobiles. 8.2 Comprehensive General and Automobile Liability Insurance. The Subcontractor's Comprehensive General and Automobile Liability Insurance, as required by this Agreement, shall be written for not less then the following limits of liability. If the prime contract requires higher limits than those specified in this paragraph, then such higher limits shall be maintained by the Subcontractor. 8.2.1 Comprehensive General Liability. Personal Injury: Property Damage: $1,000,000 each occurrence $1,000,000 each occurrence $2.000,000 aggregate $2,000,000 aggregate 8.2.2. Comprehensive Automobile Liability., Personal Injury: Property Damage: $1,000.000 each occurrence $1,000,000 each occurrence $2,000.000 aggregate $2,000,000 aggregate [NIT 8.3 Single Policy or Combination. Comprehensive General Liability Insurance may be obtained under a single policy for the full limits required or by a combination of undedying policies with the balance provided by an excess or umbrella liability policy. 8.4 Cancellation of Polices. The foregoing policies shall contain a provision that coverage afforded under the policy shall not be canceled or expire until at least thirty days written notice has been given to the Contractor and shall include either a liability endorsement covering this Agreement or an endorsement making the Owner an additional Insured under the policies. 8.5 Provide Cerfiff"fes., Prior to commencement of the Work, Subcontractor shall famish the original of its certificate of Insurance showing such coverage to be in force directly to Contractor. Subcontractor is required to list Contractor as additionally insured on General Liability Insurance. Subcontractor shall maintain during the entire period of its performance under the Agreement the minimum Insurance required and also provide insurance coverage for the Project until such time that any applicable statutes of repose or statutes of limitations have expired. 8.6 Waiver of Subrogation. The Subcontractor waives all rights against the Contractor, its surety, the Owner and Contractors employees for damages during construction covered by any property Insurance as set forth in the Contract Documents. Subcontractor agrees to require similar waivers from Its Subcontractors, consultants, agents, and/or anyone directly or indirectly employed by them. 8.7 Subcontractor will provide an endorsement and certirlicate of insurance indentifying Contractor and Owner as an Additional Insured. Further, the Additional Insured forth must be as broad in scope of coverage as the ISO CG 20 10 11 85 or Its equivalent, and shall be listed as primary coverage for M-13. This is intended to provide Additional Insured status to M-13 Construction and Owner arising out of completed operations of the Subcontractor. 8.8 General Insurance Requirements. Except as pertains to any professional liability insurance coverage, Subcontractor's general liability insurance coverage shall be on an occurrence form policy as opposed to a claims -made form policy. Any policy furnished by Subcontractor shall not contain any exclusions or modifications that would delete or eliminate coverage of any of Subcontractor's subcontractors and/or suppliers. Insurers providing coverage as required herein shall be rated A-VII or better based upon A.M. Best Ratings. 8.9 Professional Liability Insurance Coverage. If Subcontractor will be performing any design/build related work for Contractor on the Project or provide design services of any nature, Subcontractor shall, in addition to the insurance coverage set forth above, obtain and maintain professional liability errors and omissions insurance coverage providing coverage for errors and omissions of the Subcontractor, its design/build sub�subcontractors and consultants regarding work to be performed by Subcontractor on the Project Limits shall not be less than $1 million per occurrence and $1 million annual aggregate. If such professional liability insurance coverage is provided on a ciaims-made form, then Subcontractor shall, poor to the effective dale of termination of such professional liability coverage, purchase unlimited tail coverage in the amounts staled above for all claims arising out of Subcontractors design/build work and shall provide Contractor with a certificate of insurance evidencing such coverage. 9. BONDS Upon Contractors request, Subcontractor shall furnish to Contractor, at Subcontractors expense, payment and performance bonds guaranteeing the faithful performance of this Agreement and the payment of all labor and material bills in connection with the execution of the Work. The bonds are to be written by a surety company designated or approved by Contractor and in a form entirely satisfactory to Contractor. 10. PERMITS, LICENSES, TAXES, FEES, ETC. Subcontractor shall, at its own cost and expense, apply for and obtain all necessary permits and licenses and shall contorts strictly to the laws and ordinances enforced in the locality under which this Agreement Is being performed unless specifically excluded by Contract Documents. Subcontractor shall hold harmless Contractor against any liability by reason of Subcontractor having failed to pay federal, state, county or municipal taxes or fees. 11. TERMINATION 11.1 Termination lot Default. The Subcontractor may be terminated by the Contractor on the following grounds: (a) In the same manner and upon the same notice and terms as the Contractors performance may be terminated by the Owner; (b) If Subcontractor is adjudged a bankrupt, or if it makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency; (c) If Subcontractor persistently or repeatedly refuses or fails to supply enough property skilled Workers or proper materials; (d) If Subcontractor fails to make prompt payment to its employees, subcontractors, or suppliers; (a) If Subcontractor disregards Instructions of the Contractor or laws and ordinances of any public authority having jurisdiction; or if) If Subcontractor fails to observe or perform the provisions of this Agreement. The Contractor may, without prejudice to any right or remedy and after giving the Subcontractor and its surety, if any, 48 hours written notice, terminate Subcontractors tight to proceed with the Work. In the event o1 such notice, the Contractor may take over and prosecute the Work to completion, by Agreement or otherwise, and the Subcontractor shall be liable to the Contractor for any excess cast incorted by the Contractor; and, in such case, the Contractor may take possession of and utilize in completing the Work such materials, equipment, tools, and machinery that are on site for the Work and necessary for the Work. If Contractor so terminates this Agreement, Subcontractor shall not be entitled to any further payment under this Agreement until Subcontractors Work has been completed and accepted by Owner and payment has been received by Contractor from Owner with respect thereto. In the event that the unpaid balance due exceeds Contractors cost of completion, the difference shall be paid to Subcontractor, but if such expense exceeds the balance due. Subcontractor agrees to promptly pay the difference to Contractor. 11.2 Termination for Convenience. Contractor shall have the right to terminate this Agreement, by written notice, without Subcontractor being in default, for any cause or for its own or Owners convenience, and require Subcontractor to immediately stop Work. In such an event, Contractor shall pay Subcontractor for that Work actually performed in an amount proportionate to the sum payable under this Agreement after payment is received by Contractor from Owner. Contractor shall not be liable to Subcontractor for any other costs nor for prospective profits or overhead on Work not performed. 12. COMPLIANCE WITH LAW AND SAFETY Subcontractor agrees to comply in all respects with federal, state and local law applicable to the prosecution of Work under this Agreement, including such specific laws to which Contractor Is bound by the Contract Documents. Such compliance shall Include, but not be limited to, payment by Subcontractor of wages to employees of Subcontractors in compliance with applicable law and the maintenance of a drug -free work place as such laws and others may apply. Subcontractors failum to comply with federal, slate and local law applicable to the persecution of Work under this Agreement shall be grounds for termination for default of this Agreement Subcontractor agrees that it has familiarized itself with Contractors Policies on Safety, Drug and Alcohol Abuse, and Hazardous Communications and agrees to abide by their terms and conditions. Subcontractor further agrees that tl, along with all its employees, subcontractors, and suppliers, will comply with all safety requirements and OSHA standards. Specifimlly, this means that hard hats will be worn, full body harnesses will be worn and tied off for any work over 4' off the ground, that scaffolding will have guard rails, and that all other applicable safety standards will be met General contractor will give Subcontractor one written warning and then will assess a penalty of $25 per person for each day of violation. Further, any fees or penalties assessed by OSHA or any other supervisory agency as a result of Subcontractors failure to meet safety requirements will be passed on to Subcontractor. Finally, Subcontractor agrees to held Owner and Contractor harmless for attorney's fees, medical costs, etc, associated with injures causes as a direct result of Subcontractors failure to meet safety requirements. 13. CLEAN UP AND PROJECT CLOSE-OUT 13.1 Clean Up. Subcontractor shall at all times during the performance of the Work , and as directed by Contractor, remove from the jobsim and the vicinity thereof all debris and rubbish caused by Subcontractors operations. Cleam-up completed by Contractor will be billed to Subcontractor at a rate of $50/hour 13.2 Inspection. Contractor and Subcontractor will jointly conduct a pre -final Inspection prior to Subcontractor requesting a final inspection. Any discrepancies noted will be corecled prior to any final inspection. Contractor may schedule more than one pre -final inspection if it determines it necessary. When Subcontractor is ready for final inspection, it shall make a request of final inspection to Contractor. The final inspection shall be requested in advance as agreed upon during project negotiators, then the request shall be submitted a minimum of one workday prior to the desired final Inspection date. Any discrepancies noted shall be corrected within the time specified by Contractor and prior to final payment 13.3 Punch List. Upon receiving substantial completion and a punch list, Subcontractor will be given reasonable time to complete all punch list items. If Subcontractor disagrees with any punch list items or time frame given, Contractor must receive written corespondence and backup regarding any disagreements. If the punch list is not completed within allotted time, Contractor reserves the right to complete the punch list at the Subcontractors expense. 14. INDEMNITY 14.1 Subcontractor's Performance. Subcontractor specificelly obligates Itself to Contractor and Owner in the following respects: (a) To defend and indemnify Owner. Contractor and their members, agents, officers, directors and employees against and save them harmless from any and all Calms, suits, losses, liability, expense, including adomeys fees or damage for any alleged or actual Infringement of violation of any patent or patent right arising in connection withthis Agreement and anything done thereunder, vy/` INIT (b) To protect, hold free and harmless, defend and indemnify Owner and Contractor, Including their members, officers, agents, directors, and employees from all liability, penalties, cost, losses, damages, expenses, causes of action, claims or judgments, including attorneys fees, resulting from Injury to or death sustained by any person (including Subcontractor's employees) or damage to property of any kind, which injury, death, or damage arises out of the negligence, intentional or willful misconduct, breach of any statute or regulation or breach of any provision of the Subcontract by Subcontractor or its subcontractors, suppliers, employees or any other individuals or entities for whom Subcontractor Is responsible; (c) To the fullest extent permitted by law, Subcontractor shall defend and indemnify Contractor against, and save it harmless from any and all loss, damage, costs, expenses and attorney's fees suffered or incurred because of any breach of the aforesaid obligations and covenants or any other provision or covenant of this Subcontract by Subcontractor or its subcontractors, suppliers, employees or any other individuals or entities for whom Subcontractor is responsible. At any time before final settlement or adjudication of any loss, damage, liability, claim, demand, suit or cause of action for which Subcontractor in the Agreement agrees to defend and Indemnify and save harmless Contractor, Contractor may withhold from any payments due or to become due under this Subcontract the reasonable value thereof, as determined solely by Contractor. Contractor further reserves the right to withhold from any payments due Subcontractor hereunder any amounts due Subcontractor from Contractor, whether or not arising under or related to this Agreement; (d) To the fullest extent permitted by law, Subcontractor shall comply fully with all laws, citations, codes, building codes, rules, regulations, standards and statues with respect to occupational health and safety, accident prevention, safety equipment and practices, including the accident prevention and safety program of Owner and Contractor. Subcontractor shall conduct inspections to determine that safe working mndibons and equipment exist and accepts responsibility for providing a safe place to work for its employees and/or employees of its subcontractors and suppliers of materiel and equipment, for adequacy of and required use of all safety equipment and for full compliance with the aforesaid laws, orders, citations, rules, regulations, standards and statutes. Subcontractor shall submit to Contractor a copy of its Safety Program along with this Agreement; (a) Subcontractor shall indemnify, defend and save harmless Owner and Contractor and their members, officers, agents, and employees from any claim, citation, suit, penalty, damage, liability, loss, cost of expense. Including attorney's fees, arising from the failure to comply with any law, order, citation, rule regulation, standard or statute in any way relafing to the occupational health or safety of employees, including but not limited to the use of equipment, hoists, elevators, or scaffolds of Contractor or others by Subcontractor or its subcontractors, suppliers, employees or other individuals or entities for whom Subcontractor is responsible: (I) Subcontractor shall defend, indemnify and hold harmless Contractor for any breach or default by Subcontractor of any obligation to be performed by Subcontractor pursuant to the terms of this Agreement, including, but not limited to, any and all claims or allegations of defective and/or deficient work or materials furnished by Subcontractor or anyone for whom Subcontractor Is responsible; (g) In case a suit or any other legal proceeding is brought on any claim, bond claim, stop payment notice or mechanic's lien for labor performed or materials used on or furnished In connection with Subcontractor's Work, Subcontractor shall pay antl satisfy any such stop payment notice, lien, claim or judgment, as may be established by the decision of the court in said action. Subcontractor agrees within 10 days after wntten demand to cause the effect of such suit, claim, action, stop payment notice, or lien to be removed from the Project, and in the event Subcontractor falls to do so. Contractor is authorized to use whatever means In its discretion it may deem appropriate to muse said lien, stop payment notce, claim or suit to be removed or dismissed and the cost thereof, together with actual attorney fees, shall be immediately due and payable to the Contractor by Subcontractor. Subcontractor agrees to defend, Indemnify and hold harmless Contractor for any such claims, bond claims, liens or stop payment notices in connection with Subcontractor's Work; (h) Subcontractor shall defend, indemnify and hold harmless Contractor for any violation of any environmental laws by Subcontractor or any of its subcontractors, suppliers, laborers, or materialmen arising out of the use, handling, transportation, generation, manufacture, storage, disposal or release of any hazardous substances and/or hazardous materials in connection with the Project. In addition, Subcontractor shall defend, indemnify and hold harmless Contactor for any violations of Storm Water Pollution Prevention plans, statutes and/or regulations by Subcontractor or its subcontractors, suppliers, employees or any other individuals or entities for whom Subcontractor is responsible; (I) Subcontractor shall only be obligated to defend and indemnify Contractor, Owner and their agents, employees, officers and directors in connection with any claims, actions, damages or losses to the extent arising from the errors, omissions, negligence, breach of any obligations of the Agreement or willful misconduct of Subcontractor or any of its subcontractors, suppliers, consultants or others for whom Subcontractor is responsible arising out of the Project. All Indemnification obligations of Subcontractor under this Agreement shall remain in full force and effect as to claims occurring after this Agreement is terminated or completed, and shall not be limited by the insurance requirements contained herein. Moreover, the defense and indemnification obligations set forth in this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Subcontractor under Workers' Compensation Acts, Disability Benefits Acts or other Employee Benefit Acts. Nothing contained in this Section 14 will be construed to impose any obligation in conflict with current Texas state law. In the event of a conflict with Civil Code §2782, at seq., as may be amended, the Agreement shall be Interpreted and enforced to allow indemnification and defense by Subcontractor to the greatest extent permitted by law. 14.2 Risk of Loss. All work covered by this Agreement done at the site or in preparing or delivering materials or equipment, or any of them, to the site shell be at the risk of Subcontractor exclusively until the completed work is accepted by Contractor. Is. MISCELLANEOUS PROVISIONS 15.1 Non -Discrimination. In connection with the performance of this Agreement, Subcontractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, material status, being handicapped or a disadvantaged person. 15.2 Good Faith. Subcontractor shall exercise all reasonable care and diligence to prevent any actions or conditions which could result in a conflict with Contractors best interests. This obligation shall apply to the activities of the employees and agents of Subcontractor in their relations with the employees and agents of Contractor and Owner. Subcontractor, its employees or agents shall not communicate with representatives of Owner without the express written permission of Contractor. 15.3 JurisdictionWenue: This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of Texas. 15.4 Severebilify. If any portion of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be enforceable without such provisions. 15.5 Limitation and Assignment The Contractor and Subcontractor each binds itself, its successors, assigns and legal representatives to the terms of this Agreement. Neither the Contractor nor the Subcontractor shall assign or transfer its interest in this Agreement without the written consent of the other. 15.6 Independent Contractor. Subcontractor is an independent contractor and shall, at its sole cost and expense, and without increase in the Contract Prim, comply with all laws, rules, ordinances and regulations of all governing bodies having jurisdiction over the work; obtain all necessary permits and licenses therefor, pay all manufacturers' taxes, sates taxes, use taxes, processing taxes, and all Federal and State taxes, insurance and contributions for social security and unemployment which are measured by wages, saltines, or other remunerations paid to Subcontractor's employees, whether levied under existing or subsequently enacted laws, rules or regulations. Subcontractor, upon request, shall furnish evidence satisfactory to Contractor that any or all of the foregoing obligations have been fulfilled. 15.7 Attorney Fees. In the event either party is required to pursue legal action to enforce, interpret or resolve any disputes arising out of this Agreement, the prevailing party shall recover all reasonable attorney fees, including expert costs, incurred in prosecuting and/or defending any such legal action. Each party shall be responsible for payment of its share of any mediation costs or arbitration fees or arbitrator fees incurred in connection with any dispute. 15.8 Storm Water Pollution Prevention Requirements. Subcontractor shall comply with all applicable storm water pollution prevention plans, requirements, laws, rules or regulations in connection with the Project. Subcontractor will be responsible for any damages, fines, penalties or other losses or claims arising out of Subcontractor's violation of such storm water pollution prevention requirements in addition to Submnlraclor's obligations to defend and indemnify Contractor as required in Section 14 above. 15.9 Incorporation of Previous Agreements. This Agreement, including incorporated portions, constitutes the entire Agreement between the parties. No oral representations or other Agreements have been made by Contractor except as stated In this Agreement. This Agreement may not be changed in any way except as provided herein, and no term or provision hemof may be waived by Contractor except in writing signed by its duly authorized officer or agent. 15. 10 Bankruptcy. 15.10.1 Termination Absent Cure. Upon the appointment of a receiver for Subcontractor or upon Subcontractor making an assignment for the benefit of creditors or If Subcontractor seeks protection under the Bankruptcy Code or commits any other act of insolvency, Contractor may terminate this Agreement upon giving forty-elght 148) hours written notice, by certified mall or telegram, to Subcontractor and Its surety, If any. If an order for relief is entered under the Bankruptcy Code with respect to Subcontractor. Contractor may terminate this Agreement by giving forty-eight (48) hours written notice, by certified mail or telegram, to Subcontractor, its trustee, and its surety, if any, unless Subcontractor, the surety, or the trustee; (a) promptly cures all defaults; (b) provides adequate assurance of future performance; (c) compensates Contractor for actual pecuniary loss resulting from such defaults; and, (d) assumes the obligations of Subcontractor within the statutory time limits. 15.10.2 Interim Remedies. If Subcontractor is not performing in accordance with the schedule of work at the time of entering an order for relief, or at any subsequent time, Contractor, while swelling the decision of Subcontractor or its trustee to reject or to accept this Agreement and provide adequate assurance of Its ability to perform hereunder, may avail itself of such remedies under this Section as are reasonably necessary to maintain the schedule of work. Contractor may offset against any CINIT sums due or to become due to Subcontractor a!1 costs incurred in pursuing any of the remedies provided hereunder, including, but not limited to, reasonable overhead, profit and actual attorneys' fees incurred as a result of Subcontractor's non-performance. Subcontractor shall be liable for the payment of any amount by which such expense may exceed the unpaid balance of the Contract Price. 15.11 Nolices. All notices required by this Agreement or other communications to either party by the other shall be deemed given when made in writing and mailed or emailed to either party at known contact numbers or addresses. 16. SPECIAL PROVISIONS CONTRACTOR AND SUBCONTRACTOR HAVE CAREFULLY AND COMPLETELY READ THIS ENTIRE AGREEMENT, UNDERSTAND THEIR RIGHTS AND OBLIGATIONS, AND CERTIFY THAT THEY SIGN HAVING FULL AND COMPLETE AUTHORITY. M-13 CONSTRUCTION, INC. 775 W 1200 NO, STE 100, SPRINGVILLE, UT B4663 (801)489-3215 UT: 4985958-5501, CA: 1000404, AZ: ROC249208, ID: RCE-22534 By: Title: Date; C-Can Services, Inc. 118 Hillside Dr Lewisville, Texas, 75057 (972) 243-5455 By: Tide: Date: -�- (�5— R5 Wplace Accident and Injury Reduction Program 7"K�, hereby attest that I have read and understand fully the Workplace Accident and Injury Reduction Program as descdbed in section 7, and I agree to abide by the terms there in. Further, I am aware that prior to beginning work I must inform my employees and adhere to all parts of M- 13's Workplace Accident and Injury Redu�cti/oJ��r Program. NAME: `— I" I ` a l I ce d- - //(Pleeaasee Print) Signature:--''O�Y — Date: /��✓ �� Insurance Acknowledgment I ��%I �V ' ✓ �- , hereby attest that I have read and understand fully the Insurance section of the subcontractor agreement, and I agree to abide by the terms tems/ there in... Further, II understand and agree that to perform work with M-13, I must list M-13 Construction as additionally insured. NAME: /� %/[q 1e`-'l ` O ` ' )4 (Please Print) Slgnature.'::;Z�L I Date: EXHIBIT A SCOPE OF WORK A. The Subcontractor agrees that the contract amount incorporated into the Subcontract form is fair consideration and includes any contingencies for completion of the work shown on the drawings and defined in the specifications prepared by the Architect and consultants or approved design engineers. B. The Subcontractor had the opportunity and has used the opportunity to become instrumental in finalization of scope definition. C. The Subcontractor agrees that the contract documents, although conceptual in some instances, provide sufficient information in defining the integrity and performance intended for the scope of work included in this agreement. D. Considering the aforementioned, the Subcontractor agrees to provide all necessary labor, materials, transportation, taxes, permits, fees and logistics required to complete the work listed, but is not limited by the following: E. It is the intent of this subcontract to completely supply and completely install all Site Utilities as intended by the project drawings (permit package as well as bid documents) and as per manufacturer's specifications, industry standards, city, and all other governing jurisdictions for a completely functioning system. Whether or not shown by the plans or mentioned in the specifications, or anywhere else in the contract documents, the scope of work includes the following: INCLUSIONS: 1. Provide all submittals, product data, tests, reports, calculations, certifications, samples, closeout documents, warranties, engineering etc., as required by the contract documents for this scope of work. 2. Provide all necessary hoisting, forklifts, scaffolding, manpower, equipment, tools etc, to get material to its final location and to complete this scope of work in its entirety. 3. Provide all misc materials, connections, fasteners, etc, to complete this scope of work in its entirety. 4. It is this subcontractors responsibility to coordinate all work with the general contractor through the entirety of the project. This includes giving adequate time for coordination. If a failure to coordinate this scope of work results in added cost to this subcontractor, or another party, this subcontractor will be responsible for the additional cost. 5. This subcontractor is responsible for having the most current set of construction documents, which are available on Procore. If this subcontractor fails to have the most current set of construction documents, this subcontractor will be responsible for any additional cost incurred by this subcontractor or another party. 6. Any items noted as "provide" are to be understood as supply, fabricate, deliver, stage, install, etc. 02-500 UTILITIES 1. Ensure a precon for downstream public storm drain system is held with the city prior to work 2. Ensure all notes and specifications are maintained/followed for this scope (7) 1. Locating of utilities 2. Bike lanes and shared pavement marking areas 3. Sidewalks and curb ramps 4. Water 5. Sanitary sewer 6. Storm drain 7. Luminaires k( INIT 8. Erosion control 9. Finishing soil 10. Preparing and installation 11. Maintenance prior to greensheet 12. Row trees 3. Provide utilities for Anderson Blvd (8-9) 4. Ensure any trees that are to remain or undamaged (10) 5. Verify all trees are marked/identified for the ones that are to remain, prior to beginning work (10) 6. Provide waterline and connections for all offsite area as shown and noted (11) 1. Provide 8"x8"x6" tee connections 2. Provide gate valves at each legs 3. Provide main water line connections 4. Provide backflow preventers 5. Provide 4" water meters 6. Provide water line(s) 7. Provide 6" private culinary water lines 8. Provide 6" fire lines 9. Provide 3" laterals 10. Provide private fire hydrants 11. Provide 2" irrigation laterals 12. Provide all PVC and piping as indicated 7. Provide sanitary sewer line and connections for all offsite area as shown and noted (12-13) 1. Provide PVC sanitary sewer drain 2. Provide manholes 3. Provide manhole drops 4. Provide manhole rims 5. Provide connections to main line 6. Provide main line 7. Provide trench water stop 8. Provide CSS backfill under crossing 9. Provide field verification for connections 10. Provide epoxy liner for manholes 11. Verify existing pipes for crossings 12. Ensure all existing pipes are not damaged and are protected 13. Provide private sanitary sewer manholes 14. Provide private manhole drops 15. Provide private sewer lines 16. Provide private 3" laterals 17. Provide all PVC and piping as indicated 18. Provide drainage piping/connection location for pool 8. Ensure all details are maintained and followed per the city standards (14) 9. Provide water distribution and gate valve box and shown and noted (14) 10. Provide meter vault with bypass as shown and noted (14) 11. Provide fire hydrants as shown and noted (14) 12. Provide thrust blocks as shown and noted (14) 13. Provide backflow, prevention vault as shown and noted (14) 14. Provide backfill and embedment as shown and noted (14,15) 15. Provide sanitary sewer manhole as shown and noted (15) 16. Provide 4' diameter drop sanitary sewer manhole as shown and noted (15) 17. Provide sanitary sewer service as shown and noted (15) 18. Provide deep sanitary sewer service as shown and noted (15) 19. Provide sanitary sewer manhole frame, covers, and grade rings as shown and noted (15) 20. Provide backfill, embedment for deep trenches as shown and noted (15) ''C INIT 21. Provide storm drain line and connections for all areas as shown and noted (16, 23, 24, 36) 1. Provide connections to the existing storm drain line 2. Provide all inlets 3. Provide 18" RCP 4. Provide 21" RCP 5. Provide 24" RCP 6. Provide storm drain manholes 7. Provide storm drain connections 8. Provide storm drain lines 9. Provide storm drain connections from public to private 10. Provide private storm drain system 11. Provide storm tech underground retention systems for all (4) locations 12. Provide private inlets 13. Provide private 15" RCP 14. Provide private 18" RCP 15. Provide private 24" RCP 16. Provide private 30" RCP 17. Provide private storm drain box 18. Provide all materials for storm drain boxes, orifices, rims etc 19. Provide private manholes 20. Provide private storm drain connections 21. Provide private storm drain lines 22. Provide excavation of underground storm retention system 23. Provide hauloff of all spoils from underground retention system 24. Provide 8" roof drain piping as shown 25. Provide pre basin 5-8 26. Provide post basin 5-9 27. Ensure all discharge matches the tables shown 28. Provide full storm tech (or equivalent) (23) 29. Provide all connections for storm tech system (23) 30. Provide all drainage piping for storm tech system (23) 31. Provide protection of tree around storm tech sytem #1 (23) 32. Provide connections between storm tech systems (24) 33. Provide all piping between storm tech systems (24) 34. Ensure all easments are maintained/followed (24) 35. Ensure storm tech system elevations do not interfere with grading elevations 36. Provide orifice box as shown and noted (36) 1. Provide concrete partition 2. Provide precast box 3. Provide emergency flow 4. Provide 8"x8" & TV" orifice 37. Ensure sotrm tech table is maintained/followed (36) 38. Provide stone tech system as shown/detailed and noted (36) 1. Provide islolator row 2. Provide woven geotextile 3. Provide all chambers 4. Provide 6" inspection port 5. Provide 3/4 angular gravel backfill 6. Provide concrete box 7. Provide road base backfill 8. Provide native backfill 22. Ensure utility work does not conflict with grades (17) 23. Ensure utility work does not conflict with paving (18, 19) 4�0<� INIT 24. Ensure all storm drain calculations are maintainedlfollowed (20) 25. Ensure all drainage is maintained/followed (21, 22) 26. Ensure all offsite work is completed so future connections to storm tech detention system are in the area expected (23, 24, 36) 27. Ensure all erosion control measured that have been installed are not damaged or removed (25,41) 28. Provide storm drain with grades/elevations as shown and noted (26, 27, 28, 29, 30) 29. Provide traffic control as shown and noted and as required by the city of Fort Worth (31) 30. Ensure utility work does not impactlimpede the street lighting work (32) 31. Provide manhole lid assembly as shown and noted (33) 32. Provide trench water stop as shwon and noted (33) 33. Provide storm drain inlets as shown and noted (34) 34. Provide backfill, embedment as shown and noted (34) 35. Provide standard 4' square junction box as shown and noted (35) 36. Provide manhole steps as shown and noted (35) 37. Provide manhole pipe penetrations as shown and noted (35) 38, Provide storm drain, manhole frame, cover and grade rings as shown and noted (35) 39. Ensure all utilities allow for proper cross section slope and concrete work (37-39) 40. Ensure all utiliites allow for proper street lighting as shown and noted (42) 41. Verify all trees that are to remain and ensure they are protected and not damaged (UF-1 - UF-4) 42, Ensure all offsite work allows for proper onsite connections 43. Provide hauloff of all excavated materials 44. Provide excavation for all utility work 45. Provide all code compliant indicators, trench tape, depth indications etc 46, Provide detailed and accurate red line drawings for all bends, turns, corners, connections etc not visibal above ground 47, Provide connection points for all landscape irrigation mainlines (IR1 - IR4) 48. Provide waterline stubs/connection points for all (9) buildings, clubhouse area, and pool (A- 101) 49. Provide sanitary sewer stubs/connection points for all (9) buildings, clubhouse area, and pool (A-101) 50. Provide storm drain stubs/connection points for all (9) buildings, clubhouse area, and pool (A-101) 51. Coordinate utility work with electrical underground work (E111 - E704) 52. Coordinate utility work with plumbing underground work (P111 - PM 100) 53. Coordinate utility work with fire sprinkler underground work and piping for fire sprinkler line (FP111 - FP201) 54. Provide fire riser stub ups for all (9) buildings (FP111 - FP201) 55. Coordinate fire riser stub ups for all (9) buildings with fire sprinkler subcontractor (FP111 - FP201) F. This list should not be construed as all inclusive of items obvious to this agreement. The Subcontractor understands that the Construction Manager has guaranteed the Owner, with endorsement from the Subcontractor, that the change order request will not be initiated for work, other than the scope of work changes. The Subcontractor has agreed that his bid is all inclusive to provide for a complete and operational system. Therefore, it is with this understanding that an Owner change order is a requisite instrument prior to execution of any change order payment to the Subcontractor. G. It is understood that the contract completely and specifically covers but is not limited to: All applicable Sales tax, Freight, and material handlinglunloadinglstorage. H. It is understood that email is the official form of communication for this project, All official job communications will be sent to-dap+ege@c-conservices.com. c-conservi.ces.com. Failure to respond to official communications to this email on this project within a 48 hour period will put you in breach of contract. G INIT Should subcontractor commence work they are accepting existing conditions / previous work. If there is a problem and subcontractor is not able to start work, subcontractor to notify contractor of issues in writing within 24 hours. J. The Subcontractor shall be notified by M-13 Construction Inc of any changes in the scope of work within 5 working days of such notice. The subcontractor shall also notify M-13 Construction Inc of any necessary changes in the scope of work due to unforeseen conditions, errors, or omissions within 5 days of discovery and provide a fair estimate of the corrections needed. If M-13 Construction Inc does not receive written notification within 5 days of this discovery or notification by M-13 Construction, M-13 Construction Inc. will assume no additional monies are due the Subcontractor. K. Additional work which is performed by subcontractors will be charged at the subcontractor's estimated price for the work plus Ten (10%) thereof as full compensation for the Subcontractor's supervision, general conditions, project management, mobilization, demobilization, tool and truck expense, and other and general job expense, overhead, and profit. labor shall be calculated by taking the actual paid out payroll rate to an individual multiplied by 1.30 to cover all payroll burdens such as premiums for workmen's compensation, liability and health insurance, payroll taxes and social security contributions, union charges, vacation and holidays, truck and small tool expenses, and other employee benefits and burdens imposed on a basis of payrolls. List of laborers and copies of pay stubs shall be provided when requested to validate the rates. Work that is scheduled as a Bid Alternate or Unit Price will be based on the lump -sum or actual in -place measurement of quantity multiplied by the applicable price as shown in the Construction Contract. There will be no additional mark-up or charge for Contractor's supervision, overhead, and profit. All change orders to be approved prior to execution of work or subcontractor forgoes any right to compensation. L. The Subcontractor shall coordinate his activities with M-13 Construction Inc as well as all other Subcontractors activities on the project site. Subcontractor shall provide every possible precaution, while performing his work, to insure the protection of work already in place. Coordination and scheduling of all activities is critical to the success of the total project. Therefore, M-13 Construction Inc reserves the right to review and coordinate the Subcontractors activities. Daily coordination with the Project Superintendent is mandatory for this reason. M. The subcontractor understands that coordination with other Subcontractors is essential and will be responsible for the coordination and sequencing of their work with Superintendent and other trades. This Subcontractor shall perform any additional work without additional compensation as may be required to accommodate other trades work / materials that must be installed at specific locations / times. N. The Subcontractor has had the opportunity and has taken advantage of the opportunity to visit the project site and determine any and all pre-existing conditions that may or may not change his scope of work. The Subcontractor accepts the conditions as they exist and has included in his price any costs associated with these conditions. O. This agreement supersedes and voids any previous negotiations. This agreement is subject to the approval of Subcontractor by Architect and/or Owner. P. M-13 Construction Inc is a firm actively involved in planning, scheduling and general supervision only. The Subcontractor will assume that no assistance, other than managerial functions, will be extended to the Subcontractor. Q. M-13 Construction Inc Personnel will communicate with the architect and Engineers and act as liaison for any discrepancies of drawings or request and/or interpretations of drawings for the Subcontractor. R. Subcontractor shall perform work by using the best practices of his trade. S. Subcontractor is responsible for all caulking including fire caulking that may be required / needed to provide a complete product / finish. (ie: where products or materials of this agreement abut dissimilar surfaces). System and material to be approved by submittal prior to installation / use. T. Subcontractor responsible for all clean up and haul off associated with their scope / work. Clean up and removal of all debris related to this scope of work to be performed by Subcontractor on a daily basis to Cmaintain a safe and organized job site. Work areas to be maintained in an orderly condition at all times and INIT swept "broom clean" at the end of each workday. Tools, equipment, and materials are to be stored in an orderly and protected manner. Storage locations(s) will be coordinated with M-13's project Superintendent. Should Subcontractor fail to comply with the clause, M-13's Project Superintendent or Project Manager will issue a 24 hour notice to comply via email to the subcontractor's office and hand deliver a copy to the Subcontractor's lead individual on site. If subcontractor does not comply within 24 hours, M-13 will immediately take action to correct deficiencies at Subcontractor's expense. U. Subcontractor is responsible for all track out caused by their scope of work, including but not limited to track out from their vehicles, their employee's vehicles, and the vehicles of their vendors delivering or picking up materials. V. It is understood that the Subcontractor shall cause to have all necessary inspection made by the governing building official as required for the work of this section and shall submit all inspection reports to the General Contractor. All extra costs or work required due to failure to have the work properly inspected shall be paid for by the Subcontractor. W. No additional compensation will be given for adverse weather conditions. Subcontractor will proceed with the work as required by the project schedule in order to expedite this project. No delays are allowed except for weather conditions as authorized by the Contractor. If the Subcontractor causes delays to the project due to failure to perform in a timely manner, the Subcontractor will be held responsible for any penalties or costs incurred by the General Contractor as a result of Subcontractor's delay. The Subcontractor shall be excused for delays in delivery due to acts beyond his control and not due its fault of negligence. X. Subcontractor is solely responsible for all safety pertaining to their work as required by any and all Local, State, Federal, or professional association standards and indemnifies and holds M-13 Construction harmless in the event that subcontractor fails to meet such standards. Subcontractor is required to provide M-13 Construction Inc with a copy of their company IIPP and MSDS binders immediately upon notice of intent. If Subcontractor fails to provide the documentation in a timely manner the result may be either expulsion from the project, cancellation of contract and/or withheld payments from Subcontractor. Y. Subcontractor's personnel shall be required to wear hard hats and other required PPE at all times while working on the Project. Z. Subcontractor will be responsible for receiving, unloading and the staging of their materials for the project. AA. Subcontractor will be responsible to provide insurance and security for materials, tools, and equipment left at or used on the job site. Subcontractor hereby acknowledges that M-13 Construction Inc is not liable for any items that are lost, stolen, or damaged and hereby releases M-13 Construction Inc for any and all liability from the same. BB. Subcontractor shall work on site a minimum of an eight -hour workday between the hours of 7:00 am and 5:00 pm. Provision of adequate manpower, equipment, and materials to comply with the project schedule is required by the subcontractor. Overtime, if required to maintain compliance with the project schedule will not entitle the Subcontractor to additional compensation. CC. Radios, stereos, boom boxes, etc. are not allowed on the job site. DD. Subcontractor shall provide hard copies of the most current drawings and specifications to his site personnel and cause that they shall be working from the latest documents. If subcontractor fails to provide his personnel with hard copies of the most current drawings and errors are made in installation, subcontractor will be required to repair/replace incorrectly installed items at no cost to GC. EE. Subcontractor to get VE approved by contractor, owner, and engineer FF. Subcontractor shall be responsible for damage to other trades installed work during construction. GG. Subcontractor to ensure all ADA requirements are met where applicable including slopes, accessibility, G member spacing, etc. C C INIT HH. Subcontractor responsible for installing their scope of work per the entire set of plans. In the event of a discrepancy between plan sheets and/or specifications subcontractor shall submit an appropriate RFI to M- 13 Construction Inc for clarification. If subcontractor installs work incorrectly due to plan and/or specification conflicts without receiving written clarification it will be subcontractor's responsibility to make any corrections at their own expense. U. Any concrete embedment (including templates) provided by subcontractor and to be installed by others must be furnished in sufficient time to not cause delay to the concrete schedule. JJ. Subcontractor is required to provide strict compliance with all SWPPP, EPA, OSHA, and other regulated agency requirements at all times. Any fines levied against M-13 Construction Inc as a result of subcontractor's non-compliance will be paid by subcontractor. KK. As a further condition of performance of this Subcontract, Subcontractor agrees that is shall only dispatch supervisors to the job site who can speak English and who are able to effectively communicate in English with M-13 Construction's employees, supervisors, and foremen so as to insure that all employees of Subcontractor perform theirjob responsibilities in accordance with the directives of M-13 Construction. LL. Subcontractor shall notify M-13's Project Manager of any back charges against Contractor or other Subcontractors on the project that Subcontractor contends are due as a result of Contractor's or other Subcontractor's conduct WITHIN TEN (10) WORKING DAYS of first discovery of determination of damage or harm. M-13's Project Manager and Superintendent will assess the validity of the alleged back charges WITHIN TEN (10) WORKING DAYS of notice and negotiate a settlement between the claiming and the accused subcontractors. Back charges asserted more than ten (10) days after discovery of damage or harm will be deemed waived and/or released by the subcontractor. C�c INIT M +- Supplier Affidavit M-13 Construction, Inc. y 775 West 1200 North Ste. 100 Z Springville, UT 84663 r®� �� Phone (801) 489-3215 I Fax (801) 489-8493 p O Licensed in UT 4985958-5501, CA: 1000404, Y 1Ff AZ: ROC249208. ID, RCE-22534 TO: C-Con Services, Inc. DATE: 118 Hillside Dr Lewisville, Texas 75057 PHONE: (972) 243-5455 FAX: (972)243-5227 JOB: 23-003 Vic Center Apartments CONTRACT. 23-003-2500 OWNER: Vic Partners, LLC The following is a true, accurate, and complete list of each and every subcontractor, and/or supplier from whom we will be purchasing or have purchased either labor or materials or subcontracted items for the furtherance of our contract or purchase order from M-13 Construction on the project listed in the title above. We are furnishing this list for the express purpose of M-13 being able to ascertain how we are paying our bills to our vendors on this specific project. If we purchase from any additional vendors not included on this list, we will immediately notify M-13 of those additional vendors when we place our orders. Please type or Print NAME OF VENDOR SUP/SUB ADDRESS, CITY, STATE, ZIP ESTIMATED AMOUNT CGka S k4arc, S_t1e_ 7 fq? (cJ0tt, I�! Phone: OG(oj nq45 fZ(-ry-Gae(_�CI1�e 9 W kel- Phone: q 7a_ a07. 3 o F o n Sara 1�ku-," A Phone: ft 1 9 92.3(,L(, Phone: S� woo w(a�)C>�`�_ ' 904'l �—)IfA n to YC[,.1,v(.( ( 'l `)Ori a t l C./1 t l q '7 737 q V 4)-q, UdC) s/ TOTAL ESTIMATED AMOUNT 0-0) ✓ [� /��/ do hereby affirm that th list is, to the best of my knowledge, a true, accurate and complete list as indicated above. By: Title:✓ Z ffi tq O TO: C-Con Services, Inc. 118 Hillside Dr Lewisville, Texas 75057 PHONE: (972) 243-5455 FAX: (972)243-5227 Warranty M-13 Construction, Inc. 775 West 1200 North Ste. 100 Springville, UT 84663 Phone (801) 489-3215 Fax (801) 489-8493 Licensed in UT 4985958-5501, CA. 1000404, AZ: ROC249208, ID: RCE-22534 DATE: JOB: 23-003 Vic Center Apartments CONTRACT: 23-003-2500 OWNER: Vic Partners, LLC We, the above named subcontractor on the above named project hereby warrant that all labor furnished and work performed in conjunction with the above -referenced project are in accordance with the contract documents and approved changes. We warrant that our work will be free from defects to workmanship for the period of 1 year from the date of substantial completion as determined by the architect. Should any defect develop during this warranty period, we will make corrections, together with any adjacent items or areas which may require repair or replacement, upon written notice at no expense to the owner or general contractor. If we fail to begin repairs within three (3) days after receipt of written notice from the Owner or Contractor, or if we fail to pursue such repairs with diligence, we do hereby authorize the Owner or Contractor to proceed to have the defects repaired and made good at our sole expense. We will honor and pay the costs and charges for said repairs, together with interest at the maximum rate then permitted by law, upon demand. In the event we fail to fulfill the preceding obligations, causing the Owner to bring an action to enforce this guarantee, we agree to pay the Owner reasonable attorney's fees and cost incurred in connection therewith. By: r' Title: y ��✓� Date: M-13 Construction, Inc. M1 775 West 1200 North Ste. 100 00. Springville, UT 84663 Z Phone (801) 489-3215 Fax (801) 489-8493 V Licensed in 20 , ID: R E-22 , 4 1000404, AZ: ROC249208, ID: RCE-22534 IES Residential (Texas) 10203 Mula Circle Stafford, Texas 77497-0947 RE: LETTER OF INTENT — Vic Center Apartments To Whom It May Concern: This letter is to inform you that you have been awarded the contract for Electrical & Low Voltage, on Vic Center Apartments, Project # 23-003 in the amount of One Million Eight Hundred Seventy -Two Thousand Dollars And Zero Cents, $1,872,000.00 including tax and delivery. This serves as a notice to proceed immediatelv with shop drawings, submittals and/or job site construction as per schedule. Your contract will follow. If you are a supplier only, this is an order to purchase your materials as per plans and specs and deliver to job site as directed by schedule. An immediate reply is requested. Your subcontract number is 23-003-16050. Sincerely, Oaks Morley Project Manager M-13 Construction, Inc. M1 775 West 1200 North Ste. 100 00. Springville, UT 84663 Z Phone (801) 489-3215 Fax (801) 489-8493 V Licensed in 20 , ID: R E-22 , 4 1000404, AZ: ROC249208, ID: RCE-22534 IES Residential (Texas) 10203 Mula Circle Stafford, Texas 77497-0947 RE: Vic Center Apartments To Whom It May Concern: We are looking forward to working with you on this project and welcome you aboard. We would also like to take this opportunity to inform you of our company policy: No payments will be disbursed and no work can be performed by your company on this project, until we have received the following documents in our office: 1. Signed Subcontract or Supplier Agreement (attached) 2. Certificates of Insurance, as required and outlined in Article 8 of the Subcontract Agreement 3. Shop Drawings and Submittals (2 copies) 5. Copy of your State Contractor's License (if applicable) 6. Federal Tax I.D. Number or Social Security Number on signed W-9 form. This must be received before your first payment is released or, by law, we are required to withhold 31 % to cover your taxes. 7. Invoices submitted by the 20th of each month will be paid on current draw when received from owner. Your prompt attention to this matter will be appreciated. Sincerely, Oaks Morley Project Manager THIS IS A LEGALLY BINDING AGREEMENT UPON WHICH M-13 CONSTRUCTION, INC. RELIES. PLEASE READ IT CAREFULLY. SUBCONTRACT AGREEMENT JOB NUMBER: 23-003 SUBCONTRACTOR: IES Residential (Texas) SUBCONTRACT #: 23-003-16050 DATE: PROJECT NAME: Vic Center Apartments (hereinafter "Project"). THIS SUBCONTRACT AGREEMENT (hereinafter "Agreement" or "Subcontract Agreement") is made at Springville, Utah, this, between M-13 Construction, Inc., (Contractor) a Utah corporation licensed in UT: 4985958-5501, CA: 1000404, AZ: ROC249208, ID: RCE-22534 and IES Residential (Texas) (Subcontractor), an independent contractor. In consideration of these covenants, Contractor and Subcontractor agree as follows: 1. SCOPE OF WORK 1.1 Scope. The Work to be performed by Subcontractor under the terms of this Agreement consists of furnishing all supervision, management, expertise, scheduling, labor, materials, tools, implements, equipment, licenses, permits, fees, etc. to do all of the Work identified below. The Work to be performed by Subcontractor includes the Work specifically set forth in this Agreement as well as any and all other incidental or related Work, including any Work ordinarily and usually performed, and the supply of all facilities ordinarily and usually provided as part of the Work covered by this Subcontract Agreement or ordinarily and usually performed by a Subcontractor doing work of such trade classification. Contractor reserves the right to issue additional and supplemental change orders which shall be deemed incorporated into this Agreement, all of which shall be referred to as the Work. 1.1.1 Scope of work shall be in accordance with all contract documents including plans, specifications, and any and all addenda and shall include, but not be limited to: DIVISION 1 GENERAL CONDITIONS, SECTION(S) ELECTRICAL & LOW VOLTAGE and all EXHIBITS. IF ANY WORK IS DONE ON THIS PROJECT PRIOR TO RECEIPT OF SIGNED CONTRACT IN THE OFFICE OF THE GENERAL CONTRACTOR, THE GENERAL CONTRACTOR MAY, AT HIS OPTION, CONSIDER THIS DOCUMENT LEGALLY BINDING ON THE SUBCONTRACTOR AND HOLD THE SUBCONTRACTOR TO THE TERMS AND CONDITIONS OF THIS DOCUMENT BASED ON SUBCONTRACTOR'S ACTIVITIES IN COMMENCING WORK ON THE PROJECT. 2. CONTRACT DOCUMENTS 2.1 Contract Documents Defined. The Contract Documents for this Agreement consist of this Subcontract Agreement, Warranty, Supplier Affidavit, Addenda the bid and permit package documents, including the plans and specifications prepared by, hereafter known as Architect, the prime contract and general conditions between Contractor and (Owner), together with any amendments or change orders to this Subcontract Agreement, all of which are collectively referred to as the Contract Documents. The Contract Documents are fully incorporated into and made a part of this Agreement. The Contract Documents are available in Contractor's office at 775 West 1200 North, Suite 100, Springville, Utah 84663, and Subcontractor acknowledges that it has had the opportunity to carefully examine them and understand them completely. 2.2 Flow Down of Contract Documents. Subcontractor and its lower tier subcontractors and suppliers accept all Contract Documents and are bound by them. Subcontractor acknowledges that it understands and accepts the concept and procedures of the prime contract between Contractor and Owner and that they are binding upon Subcontractor. Subcontractor is bound to Contractor by the Contract Documents and shall assume toward Contractor, with respect to Subcontractor's performance, the obligations and responsibilities which Contractor assumes toward Owner. The Contract Documents shall be construed in accordance with the laws of the State of Texas. Subcontractor shall bind its lower -tier Subcontractors to the performance obligations and responsibilities which Subcontractor assumes toward Contractor through appropriate and like flow -down provisions in the Subcontractor's Agreements with its sub -subcontractors and suppliers. 2.3 Examination and Acceptance of Contract Documents and Site. Subcontractor represents that it has carefully examined the plans and specifications, if any, for the Work, and has fully acquainted itself with all other conditions relevant to the Work, the site of the Work and its surroundings. Subcontractor agrees to assume the risk of such conditions, and will, regardless of such conditions or the expense or difficulty of performing the Work, fully complete the Work for the stated contract price. Except for items and information which Contractor is expressly obligated under this Agreement to furnish to Subcontractor, information on the site of the Work and local conditions at the site furnished by Contractor are not guaranteed by Contractor and are furnished for the convenience only of Subcontractor. 2.4 Acceptance of Intent of Contract Documents. The specifications and drawings, if any, may not be complete in every detail. Subcontractor shall comply with their manifest intent and general purpose, taken as a whole, and shall not avail itself of any errors or omissions to the detriment of the Work. Should any conflict, error, omission or discrepancy appear in the drawings and specifications, Subcontractor shall notify Contractor at once and Contractor will issue written instructions to be followed. If Subcontractor proceeds with any of the Work in question prior to receiving written instructions, all necessary corrections shall be at Subcontractor's expense. 2.5 Priority of Contract Documents. The Contract Documents should, if possible, be read so as to give all provisions meaning and application. If, however, a conflict exists between this Agreement and other Contract Documents, this Agreement shall have priority and control. If this Agreement is silent as to a provision contained in other Contract Documents, that silence does not imply non -enforcement of the contract provision. 2.6 Design/Build Nature of Contract. Subcontractor hereby acknowledges that in many cases, specifications for materials and methods related to Subcontractor's Scope of Work are limited to notes on the plans and can be ambiguous. Subcontractor warrants and represents that it has specified materials and methods that are suitable for the intended application and are cost-effective. Such materials and methods have been submitted to Contractor for review, but unless specifically waived by Contractor in writing, Subcontractor is not relieved of the responsibility to specify, provide, and install materials and equipment which adequately meet the intended use of the project and the warranty requirements herein. It is hereby understood that the Subcontractor has been chosen as an expert in this particular scope of work and is therefore responsible to notify the Contractor of any and all concerns the Subcontractor may have in providing a product that is suitable based on the specifications called out on the plans. If the Subcontractor fails to specify materials and methods as represented in this provision, Subcontractor hereby authorizes Contractor, in Contractor's sole discretion, to specify materials and methods that are suitable for the intended application and that are commercially reasonable. Should Contractor specify the materials and methods related to the Subcontractor's Scope of Work, as outlined herein, Subcontractor agrees to provide and install the specified materials and equipment necessary to perform the Work without modification to the Contract Price. 3. PROSECUTION OF WORK 3.1 Commencement of Work. Subcontractor shall commence the Work to be performed under this Agreement no less than 7 days after receipt of Notice to Proceed from Contractor and shall prosecute and complete its Work in accordance with the Contract Documents. 3.2 Prosecution of the Work. Subcontractor shall proceed with each and every part of this Agreement in a prompt and diligent manner. Subcontractor, without additional compensation, shall perform this Subcontractor Agreement at the times, in the order and in the manner as Contractor may direct. Subcontractor shall commence, continue and complete its performance of the Work so as not to delay Contractor, Owner, or other contractors or subcontractors so as to insure timely completion of the prime contract. Particularly Subcontractor agrees to provide, at its expense, additional workers and/or to work on an overtime or shift basis should Contractor reasonably so direct. If Subcontractor does not adhere to the schedule and does not add additional manpower as needed, Contractor may at Subcontractor's expense hire additional crews to supplement. In the event that the unpaid balance due exceeds Contractor's cost of completion, the difference shall be paid to Subcontractor; but if such expense exceeds the balance due, Subcontractor agrees to promptly pay the difference to Contractor. 3.3 Schedules. Subcontractor shall furnish sufficient forces to assure proper performance of its Work under this Agreement in strict compliance with all schedules, including amended schedules, as may be required or provided by Contractor. The schedules, including amended schedules, are incorporated in this agreement by this reference. Likewise, subsequently provided schedules or amended schedules, if any, will be deemed incorporated when furnished to Subcontractor. At the request of Contractor, Subcontractor shall provide a schedule of its Work under this Agreement showing timely completion. 3.4 Time is of the Essence. Any time specified for the completion of this Agreement, or portion thereof, is a material provision of this Agreement, and time is of the essence. Subcontractor agrees to be bound by the completion dates and schedule, if any, or subsequent amended schedules incorporated by this reference. INIT 3.5 Delay Damages. If Subcontractor or its lower -tiered subcontractors, suppliers or materialmen default in performance in the Work or should otherwise conduct their performance in such a way to cause delay to the Project, Subcontractor shall be liable for all losses, costs, expenses, liabilities, and damages, including, but not limited to, consequential damages and liquidated damages, sustained by Contractor or for which Contractor may be liable to Owner or any other party because of Subcontractor's default. 3.6 Quality Personnel. Subcontractor shall be responsible for selecting personnel who are well qualified to perform the required Work. All Subcontractor personnel entering onto the Project shall conform to all security regulations and other regulations, rules and laws which may be in effect during the period of this Agreement. Any employee of Subcontractor deemed by Contractor, in Contractor's discretion, to be objectionable shall be removed from the jobsite immediately on Contractor's request and shall be promptly replaced by Subcontractor at no extra expense to Contractor. 3.7 Right of Joint -Check Payment. Contractor, at its option, may make any payment due by check payable jointly to Subcontractor and any of its subcontractors or suppliers who have performed Work or furnished materials under this Agreement. 3.8 Proper Superintendence. At all times during performance of this Agreement and until the Work is completed and accepted, Subcontractor shall directly superintend the Work or assign and have on the jobsite a competent superintendent who is satisfactory to Contractor and who has authority to act for Subcontractor. 3.9 Warranty. Subcontractor warrants to Owner, Architect/Engineer and Contractor that all materials and equipment furnished shall be new unless otherwise specified and that all work under this Agreement shall be performed in a good and workmanlike manner, and shall be of good quality, free from faults and defects and in conformance with the Contract Documents, for a period of one year from the date of Project completion. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy required by law or by the Contract Documents. Subcontractor shall require similar warranties from all vendors and lower tier subcontractors. Establishment of the warranty period for correction of the Work relates only to the specific obligation of Subcontractor 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 its warranty obligations. Furthermore, Subcontractor agrees to assume towards Contractor all the obligations and responsibilities that Contractor assumes toward Owner as set forth in the Contract between Contractor and Owner, including, but not limited to warranty or guarantee requirements, and, including all conditions, drawings, specifications and addenda thereto and other documents which herein have been referred to insofar as applicable, generally or specifically, to the labor, services or materials furnished under this Agreement. 3.10 Protection of Work of Others. In carrying out the Work, Subcontractor shall take all necessary precautions to protect the Work and the work of other trades from damage caused by Subcontractor's operations. In the event that Subcontractor causes damage to the Project or to the property of the Contractor or others, Subcontractor shall promptly remedy such damage to Contractor's reasonable satisfaction within two (2) days of notice thereof from Contractor. Upon Subcontractor's failure to do so, Contractor may remedy the damage itself and deduct the cost thereof from the Contract Sum. 3.11 Subcontractor shall keep the Project free from all mechanic's liens, bond claims, stop payment notices or claims arising by reason of its work. If Subcontractor fails to remove any mechanic's liens, bond claims, stop payment notices or other claims, Contractor may retain sufficient funds due by Contractor to Subcontractor to pay the lien, bond claim, stop payment notice or claim, and all related expenses, including attorneys' fees from any contract funds retained by Contractor or which may otherwise be owing to Subcontractor, regardless of whether those funds derive from this Project. 3.12 Subcontractor shall provide six (6) copies of submittals, complete shop drawings, catalog cuts, samples etc., to M-13 Construction, Inc., no later than two (2) weeks following the date of this Agreement. 3.13 Contractor may occupy and use any portion of the Project which has been either partially or fully completed by Subcontractor before final inspection and acceptance thereof by the Owner. Such use shall not effect Subcontractor's guaranty of work and materials or Subcontractor's obligation to repair at its own expense any defect discovered prior to Owner's acceptance of the Work. 3.14 Should the proper performance of any work under this Agreement depend upon proper performance furnished by Contractor or other subcontractors, Subcontractor agrees to discover and report to Contractor in writing any defects. Subcontractor shall then accept or reject such remedies before proceeding with its work affected by such defects and shall allow Contractor a reasonable time in which to remedy such defects. In the event Subcontractor does not report such defects to Contractor in writing or accepts remedies completed by Contractor by proceeding with its work, Subcontractor fully accepts the work of others as being satisfactory and shall be fully responsible for satisfactory performance of its work, regardless of the defective work of others. 3.15 Reasonable charge for unloading, hoisting, layout equipment, materials, tools, phone, dumpster, or other services provided by Contractor for Subcontractor shall be deducted from amounts otherwise due Subcontractor. 4. PAYMENT 4.1 Contract Price. In consideration of the complete and timely performance of all Work under this Agreement, Contractor shall pay to Subcontractor the sum of One Million Eight Hundred Seventy -Two Thousand Dollars And Zero Cents $1,872,000.00. All pay requests under this Agreement shall be on "Subcontractor Billing Form" provided by M-13 Construction. 4.2 Subcontractor will be Paid only after Contractor Receives Payment. CONTRACTOR'S RECEIPT OF PAYMENT FROM OWNER IS AN EXPRESS CONDITION PRECEDENT TO CONTRACTOR'S PAYMENT OBLIGATIONS TO SUBCONTRACTOR. The subcontractor is paid only if the general contractor is paid. In other words, the subcontractor will not be paid unless the general contractor receives payment from the owner. Therefore, the general contractor's receipt of payment from the owner is a condition precedent to paying the subcontractor. Accordingly, the subcontractor assumes the risk of nonpayment by the owner due to insolvency or other inability to pay. 4.3 Information Necessary for Payment. Regardless of the time of performance under this Agreement, Subcontractor shall provide the following certificates, schedules and information to Contractor prior to receiving any payment under this Agreement. (a) Certificates of insurance. (See Paragraph 7 of the Agreement.) (b) Invoices showing each principal category of Work which substantiates amounts requested in such detail as requested by Contractor for determining progress payments. (c) Certified payroll information if required. (d) Copy of State Contractor's License. Subcontractors are required by law to be licensed under the laws of the State of Texas. (e) Schedules as required by Contractor. (f) Performance and payment bonds as required by Paragraph 8 of this Agreement (if applicable) (g) Submittal information and shop drawings as required by Contractor. (h) Subcontractor and all of its lower -tier subcontractors and suppliers shall furnish statutory waivers consistent with the State of Texas. (i) Signed Warranty Form 0) Supplier Affidavit Form (k) Invoice received in Contractor's office by 20th of the month. All Applications for Payment and all supporting documents (including but not limited to lien waivers, sworn statements, and the like) for Supplier and its sub -suppliers, shall be in electronic format and shall be submitted to Contractor using Procore. 4.4 Right to Hold Retention. Contractor agrees to pay Subcontractor monthly progress payments up for 95% of the work performed in the preceding month in accordance with the monthly estimate prepared by Subcontractor and as approved by Contractor and Architect. Payments shall be made as stated above as the Work progresses unless Subcontractor is in default. An amount equal to 5.0% of Subcontractor's approved progress payment will be retained by Contractor which retainage Contractor will hold until (1) the entire project has been completed, (2) Contractor receives final project payment and retainage from the Owner, (3) Subcontractor's Work is accepted by the Contractor as final and (4) Subcontractor furnishes Contractor with satisfactory evidence that all obligations incurred by Subcontractor pursuant to this Agreement have been paid in full. 4.5 Right of Offset. Contractor may offset against any sums due Subcontractor under this Agreement the amount of any obligations of Subcontractor to Contractor, whether or not arising out of this Agreement. Offset may be used against Subcontractor, Officers, DBA, subsidiaries, or assigns. 4.6 Right to Withhold upon Breach. In the event of any breach by Subcontractor of this Agreement or in the event of the assertion by others of any claim against Owner, Contractor or Contractor's surety, which claim arises out of Subcontractor's performance, Contractor may, but is not required to, retain out of any payments due to Subcontractor an amount sufficient to protect Contractor from any and all loss, damage or expense therefrom, until the claim has been adjusted by Subcontractor to the satisfaction of Contractor. 4.7 Verification of Unit Prices. Subcontractors with unit price contracts shall, upon request from Contractor, provide copies of payroll records, invoicing, etc., so that Contractor can verity actual costs associated with the Work. 5. CHANGES 5.1 Consent to Changes. Contractor may make changes in the Work to be performed and materials to be furnished under this Agreement at any time by written order and without notice to Subcontractor's surety. Subcontractor shall promptly perform its Agreement as changed. 5.2 Written Change Orders. No alteration, addition, omission or change shall be made in the Work or the method or manner of performance of the Work except upon written change order of Contractor. Any change or adjustment in the contract price by virtue of such Change Order shall be specifically stated in the applicable Change Order. INIT Prior to the issuance of any Change Order, Contractor may require Subcontractor to furnish to Contractor a detailed breakdown showing the value of the Work, labor, services and materials altered, added, omitted or changed by the proposed Change Order. If an agreement as to monetary allowance or any other term in the Change Order cannot be reached, Contractor, by an authorized representative, may direct Subcontractor in writing to perform the Work with the final adjustment reserved until final completion of both this Agreement and the Prime Contract. The monetary amount for the performance of any Change Order shall not exceed the allowance set forth in Subcontractor's prior price breakdown. 5.3 Limitation of Time Extensions Arising from Changes. Any extension of time needed as a result of a proposed Change Order shall be requested by Subcontractor, in writing, prior to the issuance of the Change Order, and shall be incorporated into the change order at the discretion of Contractor. 5.4 Changes Incorporated into Contract Documents. All changes in the Work ordered in writing by Contractor shall be deemed to be part of the Work under this Agreement and shall be performed and furnished in strict accordance with all of the terms and provisions of the Contract Documents. 5.5 Contractor's Authorized representative. Authorized representative, as referenced in Article 5.2, refers only to Contractor's project manager(s) and/or corporate officers. On -site superintendents do not have the authority to approve changes to scope of work or to authorize change orders which affect the monetary value of the work. All such change orders must be approved by authorized represented as detailed above and approved before work is started. 6. CLAIMS AND DISPUTES 6.1 Claims for Extras or Omissions. A claim for extras or omissions will not be honored for payment or credit unless authorized in writing by the Contractor prior to the commencement of the Work (extra or omissions) or delivery of materials resulting from the claimed extras or omissions. This condition applies equally to omissions, as may be required, of any or all of the Work, for which omissions a credit order will be allowed on the Subcontract price by the Subcontractor. No claims for damages for delays, whether caused in whole or in part by any conduct on the part of the Contractor, or delays by other subcontractors, Owner, or other individuals or entities shall be recoverable from Contractor; the sole remedy of Subcontractor for delay damages shall be an extension of time. 6.2 Timely Notice of Claim. Subcontractor agrees to make all claims for which Owner is or may be liable in the manner provided in the Contract Documents for like claims by Contractor upon Owner. Notice of such claims shall be given by Subcontractor to Contractor within the time required in the Contract Documents, or one week prior to the beginning of Subcontractor's Work for which the claim is to be made, or immediately upon Subcontractor's knowledge of the events which comprise the claim, whichever shall occur first. Otherwise. the claim shall be deemed waived. 6.3 Agreement to Mediate Dispute. If both parties agree, Contractor and Subcontractor shall submit all unresolved claims, unresolved change orders, counterclaims, disputes, controversies, and other matters in question between them or arising out of or relating to this Agreement or the breach of the Agreement, including liens and bond claims (all of which will hereinafter be referred to as "Dispute"), to mediation prior to filing a lien, stop payment notice or bond claim and prior to either party initiating against the other a demand for arbitration pursuant to Paragraph 6.4 below, unless delay in initiating or prosecuting a proceeding in an arbitration or judicial forum would prejudice the Contractor or Owner. The Contractor and Subcontractor shall agree in writing as to the identity of the mediator and the rules and procedures of mediation. If the Contractor and the Subcontractor cannot agree, the dispute shall be submitted to mediation under the then current Construction Industry Mediation Rules of the American Arbitration Association. 6.4 Agreement to Arbitrate. Notwithstanding other Contract Documents provisions to the contrary, all Disputes that the Contractor and Subcontractor are unable to resolve by mediation shall be decided by binding arbitration through the American Arbitration Association under the Construction Industry Rules unless the issue or issues in Dispute pertain to the Owner. In the even any claim or Dispute relates or pertains to the Owner, the Dispute shall be decided by the dispute resolution process provided in the Contract between Contractor and Owner, but only if the Contract between Owner and Contractor allows Subcontractor to be a party to the dispute resolution process. 6.5 Notice of Arbitration Demand. Notice of demand for arbitration must be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the dispute has arisen, but not prior to or during the pendency of the meditation as agreed in paragraph 6.3. In no event may the demand for arbitration be made after the date on which institution of legal or equitable proceedings based on such disputes in question would be barred by the applicable statute of limitations. 6.6 Parties to the Arbitration. Contractor and Subcontractor agree, to the extent permitted by the terms of the Contract between Owner and Contractor, to have any Dispute that relates or pertains to Owner decided in the same action or proceeding. In the event the Contract between Owner and Contractor does not permit Subcontractor to be a party to the Action, Subcontractor agrees to stay any Action or proceeding as against Contractor to allow Contractor to adjudicate any Subcontractor claims that relate or pertain to the Owner. Subcontractor agrees to cooperate fully with Contractor in connection with any claims that relate or pertain to Owner. 6.7 Final Award. The award rendered by the arbitrator(s) will be final, judgment may be entered upon it in any court having jurisdiction, and the award will not be subject to modification or appeal. There shall be no interlocutory appeal of an order compelling arbitration. 6.8 Continuation of Work. Unless otherwise agreed in writing or upon default of Subcontractor as provided by this Agreement, the Subcontractor shall continue to carry out its responsibilities under this Agreement during any Dispute, and the Contractor shall continue to make payments in accordance with this Agreement. 7. WORKPLACE ACCIDENT AND INJURY REDUCTION PROGRAM 7.1 Subcontractor's compliance with Work Place Accident & Injury Reduction Program. Subcontractor agrees that M-1 Ts Accident and Injury Reduction Program hereby is considered a part of this agreement and all parties must abide by it. 7.2 Subcontractors shall enter into an agreement with Contractor on all projects, in which the Contractor will set forth the manner and method in which all work will be executed. 7.3 Noncompliance rights and powers. If the Subcontractor or any employee of the Subcontractor violates the agreed upon terms in the Workplace Accident and Injury Program agreement, the Contractor maintains the right to: A. Terminate the contact with the Subcontractor; B. Remove the Subcontractor from the work site; C. Require the Subcontractor to permanently remove the employee who violates the Workplace Accident and Injury Reduction Program agreement from the project for which the Contractor is procuring work 7.4 Job site equipment. The Subcontractor shall provide safe and appropriate equipment subject to the right of the Contractor to: A. Inspect regularly; B. Require the Subcontractor to repair, replace, or remove equipment which the Contractor determines unsafe or not appropriate. 8. INSURANCE AND INDEMNITY 8.1 Subcontractor's Liability Insurance. The Subcontractor shall purchase and maintain insurance to protect the Subcontractor from the claims set forth below that may arise out of or result from the Subcontractor's performance of Work pursuant to this Agreement. Policy must contain a per project Aggregate Limit of Liability endorsement. 8.1.1. Worker's Compensation. Claims under Worker's compensation, disability benefits and other similar employee benefits acts that are applicable to the Work performed; 8.1.2 Employers Liability. Claims for damages because of bodily injury, occupational sickness or disease or death of Subcontractor's employees under any applicable employer's liability law; 8.1.3 Non -Employee Liability. Claims for damages because of bodily injury or death of any person other than Subcontractor's employees; 8.1.4 Personal Injury Coverage. Claims for damages insured by usual personal injury liability coverage; 8.1.5 Property Liability Claims. Claims for damages other than to the Work itself, because of injury to or destruction of tangible property, including loss of use; or 8.1.6 Motor Vehicle Liability. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle and shall cover owned, hired, borrowed and nonowned automobiles. 8.2 Comprehensive General and Automobile Liability Insurance. The Subcontractor's Comprehensive General and Automobile Liability Insurance, as required by this Agreement, shall be written for not less then the following limits of liability. If the prime contract requires higher limits than those specified in this paragraph, then such higher limits shall be maintained by the Subcontractor. 8.2.1 Comprehensive General Liability: Personal Injury: Property Damage: $1,000,000 each occurrence $1,000,000 each occurrence $2,000,000 aggregate $2,000,000 aggregate 8.2.2. Comprehensive Automobile Liability: Personal Injury: Property Damage: $1,000,000 each occurrence $1,000,000 each occurrence $2,000,000 aggregate $2,000,000 aggregate INIT 8.3 Single Policy or Combination. Comprehensive General Liability Insurance may be obtained under a single policy for the full limits required or by a combination of underlying policies with the balance provided by an excess or umbrella liability policy. 8.4 Cancellation of Polices. The foregoing policies shall contain a provision that coverage afforded under the policy shall not be canceled or expire until at least thirty days written notice has been given to the Contractor and shall include either a liability endorsement covering this Agreement or an endorsement making the Owner an additional insured under the policies. 8.5 Provide Certificates: Prior to commencement of the Work, Subcontractor shall furnish the original of its certificate of insurance showing such coverage to be in force directly to Contractor. Subcontractor is required to list Contractor as additionally insured on General Liability Insurance. Subcontractor shall maintain during the entire period of its performance under the Agreement the minimum insurance required and also provide insurance coverage for the Project until such time that any applicable statutes of repose or statutes of limitations have expired. 8.6 Waiver of Subrogation. The Subcontractor waives all rights against the Contractor, its surety, the Owner and Contractor's employees for damages during construction covered by any property insurance as set forth in the Contract Documents. Subcontractor agrees to require similar waivers from its Subcontractors, consultants, agents, and/or anyone directly or indirectly employed by them. 8.7 Subcontractor will provide an endorsement and certificate of insurance indentifying Contractor and Owner as an Additional Insured. Further, the Additional Insured form must be as broad in scope of coverage as the ISO CG 20 10 11 85 or its equivalent, and shall be listed as primary coverage for M-13. This is intended to provide Additional Insured status to M-13 Construction and Owner arising out of completed operations of the Subcontractor. 8.8 General Insurance Requirements. Except as pertains to any professional liability insurance coverage, Subcontractor's general liability insurance coverage shall be on an occurrence form policy as opposed to a claims -made form policy. Any policy furnished by Subcontractor shall not contain any exclusions or modifications that would delete or eliminate coverage of any of Subcontractor's subcontractors and/or suppliers. Insurers providing coverage as required herein shall be rated A-VII or better based upon A.M. Best Ratings. 8.9 Professional Liability Insurance Coverage. If Subcontractor will be performing any design/build related work for Contractor on the Project or provide design services of any nature, Subcontractor shall, in addition to the insurance coverage set forth above, obtain and maintain professional liability errors and omissions insurance coverage providing coverage for errors and omissions of the Subcontractor, its design/build sub -subcontractors and consultants regarding work to be performed by Subcontractor on the Project. Limits shall not be less than $1 million per occurrence and $1 million annual aggregate. If such professional liability insurance coverage is provided on a claims -made form, then Subcontractor shall, prior to the effective date of termination of such professional liability coverage, purchase unlimited tail coverage in the amounts stated above for all claims arising out of Subcontractor's design/build work and shall provide Contractor with a certificate of insurance evidencing such coverage. 9. BONDS Upon Contractor's request, Subcontractor shall furnish to Contractor, at Subcontractor's expense, payment and performance bonds guaranteeing the faithful performance of this Agreement and the payment of all labor and material bills in connection with the execution of the Work. The bonds are to be written by a surety company designated or approved by Contractor and in a form entirely satisfactory to Contractor. 10. PERMITS, LICENSES, TAXES, FEES, ETC. Subcontractor shall, at its own cost and expense, apply for and obtain all necessary permits and licenses and shall conform strictly to the laws and ordinances enforced in the locality under which this Agreement is being performed unless specifically excluded by Contract Documents. Subcontractor shall hold harmless Contractor against any liability by reason of Subcontractor having failed to pay federal, state, county or municipal taxes or fees. 11. TERMINATION 11.1 Termination for Default. The Subcontractor may be terminated by the Contractor on the following grounds: (a) In the same manner and upon the same notice and terms as the Contractor's performance may be terminated by the Owner; (b) If Subcontractor is adjudged a bankrupt, or if it makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency; (c) If Subcontractor persistently or repeatedly refuses or fails to supply enough properly skilled Workers or proper materials; (d) If Subcontractor fails to make prompt payment to its employees, subcontractors, or suppliers; (a) If Subcontractor disregards instructions of the Contractor or laws and ordinances of any public authority having jurisdiction; or (f) If Subcontractor fails to observe or perform the provisions of this Agreement. The Contractor may, without prejudice to any right or remedy and after giving the Subcontractor and its surety, if any, 48 hours written notice, terminate Subcontractor's right to proceed with the Work. In the event of such notice, the Contractor may take over and prosecute the Work to completion, by Agreement or otherwise, and the Subcontractor shall be liable to the Contractor for any excess cost incurred by the Contractor; and, in such case, the Contractor may take possession of and utilize in completing the Work such materials, equipment, tools, and machinery that are on site for the Work and necessary for the Work. If Contractor so terminates this Agreement, Subcontractor shall not be entitled to any further payment under this Agreement until Subcontractor's Work has been completed and accepted by Owner and payment has been received by Contractor from Owner with respect thereto. In the event that the unpaid balance due exceeds Contractor's cost of completion, the difference shall be paid to Subcontractor; but if such expense exceeds the balance due, Subcontractor agrees to promptly pay the difference to Contractor. 11.2 Termination for Convenience. Contractor shall have the right to terminate this Agreement, by written notice, without Subcontractor being in default, for any cause or for its own or Owner's convenience, and require Subcontractor to immediately stop Work. In such an event, Contractor shall pay Subcontractor for that Work actually performed in an amount proportionate to the sum payable under this Agreement after payment is received by Contractor from Owner. Contractor shall not be liable to Subcontractor for any other costs nor for prospective profits or overhead on Work not performed. 12. COMPLIANCE WITH LAW AND SAFETY Subcontractor agrees to comply in all respects with federal, state and local law applicable to the prosecution of Work under this Agreement, including such specific laws to which Contractor is bound by the Contract Documents. Such compliance shall include, but not be limited to, payment by Subcontractor of wages to employees of Subcontractors in compliance with applicable law and the maintenance of a drug -free work place as such laws and others may apply. Subcontractor's failure to comply with federal, state and local law applicable to the persecution of Work under this Agreement shall be grounds for termination for default of this Agreement. Subcontractor agrees that it has familiarized itself with Contractor's Policies on Safety, Drug and Alcohol Abuse, and Hazardous Communications and agrees to abide by their terms and conditions. Subcontractor further agrees that it, along with all its employees, subcontractors, and suppliers, will comply with all safety requirements and OSHA standards. Specifically, this means that hard hats will be worn, full body harnesses will be worn and tied off for any work over 4' off the ground, that scaffolding will have guard rails, and that all other applicable safety standards will be met. General contractor will give Subcontractor one written warning and then will assess a penalty of $25 per person for each day of violation. Further, any fees or penalties assessed by OSHA or any other supervisory agency as a result of Subcontractor's failure to meet safety requirements will be passed on to Subcontractor. Finally, Subcontractor agrees to hold Owner and Contractor harmless for attorney's fees, medical costs, etc. associated with injuries causes as a direct result of Subcontractor's failure to meet safety requirements. 13. CLEAN UP AND PROJECT CLOSE-OUT 13.1 Clean Up. Subcontractor shall at all times during the performance of the Work , and as directed by Contractor, remove from the jobsite and the vicinity thereof all debris and rubbish caused by Subcontractor's operations. Clean-up completed by Contractor will be billed to Subcontractor at a rate of $50/hour 13.2 Inspection. Contractor and Subcontractor will jointly conduct a pre -final inspection prior to Subcontractor requesting a final inspection. Any discrepancies noted will be corrected prior to any final inspection. Contractor may schedule more than one pre -final inspection if it determines it necessary. When Subcontractor is ready for final inspection, it shall make a request of final inspection to Contractor. The final inspection shall be requested in advance as agreed upon during project negotiations, then the request shall be submitted a minimum of one workday prior to the desired final inspection date. Any discrepancies noted shall be corrected within the time specified by Contractor and prior to final payment. 13.3 Punch List. Upon receiving substantial completion and a punch list, Subcontractor will be given reasonable time to complete all punch list items. If Subcontractor disagrees with any punch list items or time frame given, Contractor must receive written correspondence and backup regarding any disagreements. If the punch list is not completed within allotted time, Contractor reserves the right to complete the punch list at the Subcontractor's expense. 14. INDEMNITY 14.1 Subcontractor's Performance. Subcontractor specifically obligates itself to Contractor and Owner in the following respects: (a) To defend and indemnify Owner, Contractor and their members, agents, officers, directors and employees against and save them harmless from any and all claims, suits, losses, liability, expense, including attorney's fees or damage for any alleged or actual infringement of violation of any patent or patent right arising in connection with this Agreement and anything done thereunder; INIT (b) To protect, hold free and harmless, defend and indemnify Owner and Contractor, including their members, officers, agents, directors, and employees from all liability, penalties, cost, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees, resulting from injury to or death sustained by any person (including Subcontractor's employees) or damage to property of any kind, which injury, death, or damage arises out of the negligence, intentional or willful misconduct, breach of any statute or regulation or breach of any provision of the Subcontract by Subcontractor or its subcontractors, suppliers, employees or any other individuals or entities for whom Subcontractor is responsible; (c) To the fullest extent permitted by law, Subcontractor shall defend and indemnify Contractor against, and save it harmless from any and all loss, damage, costs, expenses and attorney's fees suffered or incurred because of any breach of the aforesaid obligations and covenants or any other provision or covenant of this Subcontract by Subcontractor or its subcontractors, suppliers, employees or any other individuals or entities for whom Subcontractor is responsible. At any time before final settlement or adjudication of any loss, damage, liability, claim, demand, suit or cause of action for which Subcontractor in the Agreement agrees to defend and indemnify and save harmless Contractor, Contractor may withhold from any payments due or to become due under this Subcontract the reasonable value thereof, as determined solely by Contractor. Contractor further reserves the right to withhold from any payments due Subcontractor hereunder any amounts due Subcontractor from Contractor, whether or not arising under or related to this Agreement; (d) To the fullest extent permitted by law, Subcontractor shall comply fully with all laws, citations, codes, building codes, rules, regulations, standards and statues with respect to occupational health and safety, accident prevention, safety equipment and practices, including the accident prevention and safety program of Owner and Contractor. Subcontractor shall conduct inspections to determine that safe working conditions and equipment exist and accepts responsibility for providing a safe place to work for its employees and/or employees of its subcontractors and suppliers of material and equipment, for adequacy of and required use of all safety equipment and for full compliance with the aforesaid laws, orders, citations, rules, regulations, standards and statutes. Subcontractor shall submit to Contractor a copy of its Safety Program along with this Agreement; (e) Subcontractor shall indemnify, defend and save harmless Owner and Contractor and their members, officers, agents, and employees from any claim, citation, suit, penalty, damage, liability, loss, cost of expense, including attorney's fees, arising from the failure to comply with any law, order, citation, rule regulation, standard or statute in any way relating to the occupational health or safety of employees, including but not limited to the use of equipment, hoists, elevators, or scaffolds of Contractor or others by Subcontractor or its subcontractors, suppliers, employees or other individuals or entities for whom Subcontractor is responsible; (f) Subcontractor shall defend, indemnify and hold harmless Contractor for any breach or default by Subcontractor of any obligation to be performed by Subcontractor pursuant to the terms of this Agreement, including, but not limited to, any and all claims or allegations of defective and/or deficient work or materials furnished by Subcontractor or anyone for whom Subcontractor is responsible; (g) In case a suit or any other legal proceeding is brought on any claim, bond claim, stop payment notice or mechanic's lien for labor performed or materials used on or furnished in connection with Subcontractor's Work, Subcontractor shall pay and satisfy any such stop payment notice, lien, claim or judgment, as may be established by the decision of the court in said action. Subcontractor agrees within 10 days after written demand to cause the effect of such suit, claim, action, stop payment notice, or lien to be removed from the Project, and in the event Subcontractor fails to do so, Contractor is authorized to use whatever means in its discretion it may deem appropriate to cause said lien, stop payment notice, claim or suit to be removed or dismissed and the cost thereof, together with actual attorney fees, shall be immediately due and payable to the Contractor by Subcontractor. Subcontractor agrees to defend, indemnify and hold harmless Contractor for any such claims, bond claims, liens or stop payment notices in connection with Subcontractor's Work; (h) Subcontractor shall defend, indemnify and hold harmless Contractor for any violation of any environmental laws by Subcontractor or any of its subcontractors, suppliers, laborers, or materialmen arising out of the use, handling, transportation, generation, manufacture, storage, disposal or release of any hazardous substances and/or hazardous materials in connection with the Project. In addition, Subcontractor shall defend, indemnify and hold harmless Contractor for any violations of Storm Water Pollution Prevention plans, statutes and/or regulations by Subcontractor or its subcontractors, suppliers, employees or any other individuals or entities for whom Subcontractor is responsible; (i) Subcontractor shall only be obligated to defend and indemnify Contractor, Owner and their agents, employees, officers and directors in connection with any claims, actions, damages or losses to the extent arising from the errors, omissions, negligence, breach of any obligations of the Agreement or willful misconduct of Subcontractor or any of its subcontractors, suppliers, consultants or others for whom Subcontractor is responsible arising out of the Project. All indemnification obligations of Subcontractor under this Agreement shall remain in full force and effect as to claims occurring after this Agreement is terminated or completed, and shall not be limited by the insurance requirements contained herein. Moreover, the defense and indemnification obligations set forth in this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Subcontractor under Workers' Compensation Acts, Disability Benefits Acts or other Employee Benefit Acts. Nothing contained in this Section 14 will be construed to impose any obligation in conflict with current Texas state law. In the event of a conflict with Civil Code §2782, et seq., as may be amended, the Agreement shall be interpreted and enforced to allow indemnification and defense by Subcontractor to the greatest extent permitted by law. 14.2 Risk of Loss. All work covered by this Agreement done at the site or in preparing or delivering materials or equipment, or any of them, to the site shall be at the risk of Subcontractor exclusively until the completed work is accepted by Contractor. 15. MISCELLANEOUS PROVISIONS 15.1 Non -Discrimination. In connection with the performance of this Agreement, Subcontractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, material status, being handicapped or a disadvantaged person. 15.2 Good Faith. Subcontractor shall exercise all reasonable care and diligence to prevent any actions or conditions which could result in a conflict with Contractor's best interests. This obligation shall apply to the activities of the employees and agents of Subcontractor in their relations with the employees and agents of Contractor and Owner. Subcontractor, its employees or agents shall not communicate with representatives of Owner without the express written permission of Contractor. 15.3 JurisdictionNenue: This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of Texas. 15.4 Severability. If any portion of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be enforceable without such provisions. 15.5 Limitation and Assignment. The Contractor and Subcontractor each binds itself, its successors, assigns and legal representatives to the terms of this Agreement. Neither the Contractor nor the Subcontractor shall assign or transfer its interest in this Agreement without the written consent of the other. 15.6 Independent Contractor. Subcontractor is an independent contractor and shall, at its sole cost and expense, and without increase in the Contract Price, comply with all laws, rules, ordinances and regulations of all governing bodies having jurisdiction over the work; obtain all necessary permits and licenses therefor, pay all manufacturers' taxes, sales taxes, use taxes, processing taxes, and all Federal and State taxes, insurance and contributions for social security and unemployment which are measured by wages, salaries, or other remunerations paid to Subcontractor's employees, whether levied under existing or subsequently enacted laws, rules or regulations. Subcontractor, upon request, shall furnish evidence satisfactory to Contractor that any or all of the foregoing obligations have been fulfilled. 15.7 Attorney Fees. In the event either party is required to pursue legal action to enforce, interpret or resolve any disputes arising out of this Agreement, the prevailing party shall recover all reasonable attorney fees, including expert costs, incurred in prosecuting and/or defending any such legal action. Each party shall be responsible for payment of its share of any mediation costs or arbitration fees or arbitrator fees incurred in connection with any dispute. 15.8 Storm Water Pollution Prevention Requirements. Subcontractor shall comply with all applicable storm water pollution prevention plans, requirements, laws, rules or regulations in connection with the Project. Subcontractor will be responsible for any damages, fines, penalties or other losses or claims arising out of Subcontractor's violation of such storm water pollution prevention requirements in addition to Subcontractor's obligations to defend and indemnify Contractor as required in Section 14 above. 15.9 Incorporation of Previous Agreements. This Agreement, including incorporated portions, constitutes the entire Agreement between the parties. No oral representations or other Agreements have been made by Contractor except as stated in this Agreement. This Agreement may not be changed in any way except as provided herein, and no term or provision hereof may be waived by Contractor except in writing signed by its duly authorized officer or agent. 15.10 Bankruptcy. 15.10.1 Termination Absent Cure. Upon the appointment of a receiver for Subcontractor or upon Subcontractor making an assignment for the benefit of creditors or if Subcontractor seeks protection under the Bankruptcy Code or commits any other act of insolvency, Contractor may terminate this Agreement upon giving forty-eight (48) hours written notice, by certified mail or telegram, to Subcontractor and its surety, if any. If an order for relief is entered under the Bankruptcy Code with respect to Subcontractor, Contractor may terminate this Agreement by giving forty-eight (48) hours written notice, by certified mail or telegram, to Subcontractor, its trustee, and its surety, if any, unless Subcontractor, the surety, or the trustee: (a) promptly cures all defaults; (b) provides adequate assurance of future performance; (c) compensates Contractor for actual pecuniary loss resulting from such defaults; and, (d) assumes the obligations of Subcontractor within the statutory time limits. 15.10.2 Interim Remedies. If Subcontractor is not performing in accordance with the schedule of work at the time of entering an order for relief, or at any subsequent time, Contractor, while awaiting the decision of Subcontractor or its trustee to reject or to accept this Agreement and provide adequate assurance of its ability to perform hereunder, may avail itself of such remedies under this Section as are reasonably necessary to maintain the schedule of work. Contractor may offset against any INIT sums due or to become due to Subcontractor all costs incurred in pursuing any of the remedies provided hereunder, including, but not limited to, reasonable overhead, profit and actual attorneys' fees incurred as a result of Subcontractor's non-performance. Subcontractor shall be liable for the payment of any amount by which such expense may exceed the unpaid balance of the Contract Price. 15.11 Notices. All notices required by this Agreement or other communications to either party by the other shall be deemed given when made in writing and mailed or emailed to either party at known contact numbers or addresses. 16. SPECIAL PROVISIONS CONTRACTOR AND SUBCONTRACTOR HAVE CAREFULLY AND COMPLETELY READ THIS ENTIRE AGREEMENT, UNDERSTAND THEIR RIGHTS AND OBLIGATIONS, AND CERTIFY THAT THEY SIGN HAVING FULL AND COMPLETE AUTHORITY. M-13 CONSTRUCTION, INC. IES Residential (Texas) 775 W 1200 NO, STE 100, SPRINGVILLE, UT 84663 10203 Mula Circle (801) 489-3215 Stafford, Texas, 77497-0947 UT: 4985958-5501, CA: 1000404, AZ: ROC249208, ID: RCE-22534 1800-803-9202 By: By: Title: Title: Date: Date: Workplace Accident and Injury Reduction Program I, , hereby attest that I have read and understand fully the Workplace Accident and Injury Reduction Program as described in section 7, and I agree to abide by the terms there in. Further, I am aware that prior to beginning work I must inform my employees and adhere to all parts of M- 13's Workplace Accident and Injury Reduction Program. NAME: (Please Print) Signature: Date: Insurance Acknowledgment I , hereby attest that I have read and understand fully the Insurance section of the subcontractor agreement, and I agree to abide by the terms there in. Further, I understand and agree that to perform work with M-13, I must list M-13 Construction as additionally insured. NAME: (Please Print) Signature: Date: EXHIBIT A SCOPE OF WORK A. The Subcontractor agrees that the contract amount incorporated into the Subcontract form is fair consideration and includes any contingencies for completion of the work shown on the drawings and defined in the specifications prepared by the Architect and consultants or approved design engineers. B. The Subcontractor had the opportunity and has used the opportunity to become instrumental in finalization of scope definition. C. The Subcontractor agrees that the contract documents, although conceptual in some instances, provide sufficient information in defining the integrity and performance intended for the scope of work included in this agreement. D. Considering the aforementioned, the Subcontractor agrees to provide all necessary labor, materials, transportation, taxes, permits, fees and logistics required to complete the work listed, but is not limited by the following: E. It is the intent of this subcontract to completely supply and completely install all Electrical & Low Voltage as intended by the project drawings (permit package as well as bid documents) and as per manufacturer's specifications, industry standards, city, and all other governing jurisdictions for a completely functioning system. Whether or not shown by the plans or mentioned in the specifications, or anywhere else in the contract documents, the scope of work includes the following: INCLUSIONS: 1. Provide all submittals, product data, tests, reports, calculations, certifications, samples, closeout documents, warranties, engineering etc., as required by the contract documents for this scope of work. 2. Provide all necessary hoisting, forklifts, scaffolding, manpower, equipment, tools etc, to get material to its final location and to complete this scope of work in its entirety. 3. Provide all misc materials, connections, fasteners, etc, to complete this scope of work in its entirety. 4. It is this subcontractors responsibility to coordinate all work with the general contractor through the entirety of the project. This includes giving adequate time for coordination. If a failure to coordinate this scope of work results in added cost to this subcontractor, or another party, this subcontractor will be responsible for the additional cost. 5. This subcontractor is responsible for having the most current set of construction documents, which are available on Procore. If this subcontractor fails to have the most current set of construction documents, this subcontractor will be responsible for any additional cost incurred by this subcontractor or another party. 6. Any items noted as "provide" are to be understood as supply, fabricate, deliver, stage, install, etc. for all (9) buildings. 16-050 ELECTRICAL & 16-700 LOW VOLTAGE 1. Ensure a precon for all offsite/public work is held prior to staring construction 2. Provide maintenance bond for all offsite/public work 3. Provide lighting, fixtures, wiring, and devices as shown and noted (E111 - E113) D 4. Provide lighting, fixtures, fans, wiring, and devices etc. for all units as shown and noted (E121 - E131) D 5. Provide lighting, fixtures, wiring, and devices for fitness and leasing offices as shown and noted (E141) 6. Provide power, fixtures, wiring, and devices for all units as shown and noted (E211 - E213) 7. Provide power, wiring, and connections for all roof top equipment as shown and noted (E214) 8. Provide power, wiring, and connections for all units as shown and noted (E221 - E231) INIT 9. Provide power, wiring, and connections for fitness and leasing offices (E241) D 10. Provide all lights as shown and noted (E410) 1. E 2. EW 3. FAN 4. FF 5. FW 6. P1 7. R1 8. SA 9. SB1 10. SB2 11. SC1 12. SC2 13. SD 14. SF 15. SG 16. SI 17. SS 18. V1 11. Provide all lighting controls per the schedule and as shown and noted (E410) 12. Provide and ensure all electrical work is in accordance with the general electrical notes 0 (Notes 1-19, E501) 13. Provide receptacle/data installation as shown and noted (E501) 14. Provide all work in accordance with the electrical riser as shown and noted (E601) 1. Provide 8 pole controlled by timeclock 2. Provide photo eye for building lighting 3. Provide 2 pole with time clock 4. Provide service grouding 5. Provide vertically arranged metering center 6. Provide 32 meter sockets 7. Provide NEMA 3R enclosure 15. Verify all fault calculations to ensure no issues with design or code compliance (E601) 16. Provide secondary wiring from utility pads to buildings (E601) 17. Provide trenching and conduit for all secondary wiring from utility pads to buildings (E601) 18. Provide all panels as shown and noted (E601) 19. Provide all meter work as shown and noted (E601) 20. Provide all meter packs as shown and noted (E701) 21. Provide panelboards as shown and noted (E701, E702, E703, E704) 1. Provide all breakers 2. Provide all circuiting 22. Provide feeders per sizing chart as shown and noted (E701) 23. Provide all wiring, branch circuits, etc as noted in the panel notes (E701) D 24. Provide power, wiring, fixtures etc for the fire protection as shown and noted (FP111 - FP113) 25. Provide panels, connections, devices for fire riser rooms (FP111 - FP113) 26. Provide all waterproof outlets, devices and fixtures (FP111 - FP113) 27. Provide fire protection for all units as shown and noted (FP121 - FP141) 1. Provide stand alone S/D D 2. Provide stand alone S/D with optional visual alarm option 28. Ensure all notes are maintained/followed (FP201) 29. Ensure all work is in accordance with all contract documents listed (A-001) INIT 30 31 32 33 34 0W35. D 36. 37. 38. 39. 40. 0 41. 42. ON ON 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69 70 71 72 73 74 Ensure all specifications are maintained/followed (A-002 - A-003) Ensure all work is code compliant (A-004, A-005) Provide all electrical and low voltage work for all nine buildings as shown (A-101) Provide electrical power to pool (A-101) Provide power, lighting, fixtures, devices, panels etc for buildings as shown and noted (A-201 - A-203) Provide power, lighting, fixtures, devices, panels etc for all units as shown and noted (A-204 - A-207) 1. Provide accessible fixtures and accessories as shown and noted 2. Provide power and wiring to all fixtures, equipment etc as shown and noted Provide power, wiring etc as required by code for door hardware (A-301 - A-302) Provide exterior fixtures as shown (A-401, A-502, A-704) Provide power for all appliances as shown and noted (A-601 - A-602) Provide power for all kitchen areas, and bathroom areas as shown and noted (A-601 - A- 602) Ensure all work is coordinated with the exterior contractor to avoid conflicts (A-701 - A-703) Provide all lighting, fans, fixtures, devices, etc. as shown and noted (A-801 - A-802) Ensure all work is coordinated withe the roofing contractor to avoid conflicts and leaks (A- 901 - A-902) Ensure all specifications are maintained/followed (SP-1101 - SP-1108) Ensure all work within any cast -in -place concrete is coordinated with the concrete contractor to avoid conflicts and rework (S0.6) Ensure all specifications are maintained/followed (S0.6) Ensure all underground electrical work does not conflict with the post tensioning concrete slabs (S1.1) Ensure all underground electrical work does not conflict with footings/foundations (S1.5, S1.5a) Ensure all electrical work does not conflict with rough carpentry/framing and structural members and ensure all structural requirements are maintained/followed (S3.2) Verify all shearwall requirements can be maintained/followed (S4.2) Ensure all shearwall penetrations are approved prior to any work Coordinate all electrical work with mechanical subcontractor (M111 - MEP100) Provide power to all condensing units as shown and noted (M114) Provide power and connections for recirculating hoods as shown and noted (M121 - M122) Provide power and connections for ceiling fans as shown and noted (M121 - M122) Provide power and connections for dampers as shown and noted (M121 - M122) Provide disconnect accessory per fan schedule note (Note 2/M401) Provide 120v fan speed controller per fan schedule note (Note 5/M401) Provide power and connections for outside unit as shown and noted (M501) Provide conduit and wiring for secondary wiring from xfrm pads to gear (MEP100) Provide trenching, conduit, wiring etc for all site lighting as shown and noted (MEP100) Provide power and lighting for the pool as shown and noted (MEP100) Provide power and lighting for pickleball court as shown and noted (MEP100) Provide xfrm pads as shown and noted (MEP100) Coordinate all work with the plumbing subcontractor (P111 - PM100) Provide power to all plumbing equipment as shown and noted (P111 - P131) Provide power to water heaters as shown and noted (P141 - P143, P601) Provide under sink ASSE temper VLV set at 11 OF (P142 - P143) Coordinate all electrical work with waste and vent piping to ensure proper slopes etc can be maintained/followed (P211 - P341) Provide power to drinking fountains as shown and noted (P243, P421) Ensure all penetrations are fire rated and code compliant (P602 - P606) Provide all site lighting as shown and noted (PM100) Ensure all photometrics are maintained/followed (PM100) Provide documentation to verify photometrics (PM100) Verify calculations and photometrics can be acheived as shown and noted (PM100) INIT MOR RON 75 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 0 100 101 102 0 103 D 104 105 D W 106 107 108 109 110 111. 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 Coordinate all electrical work with civil contractors to ensure proper trenching, piping etc can be acheived Ensure all general requirements are maintained/followed (7) Ensure all trees that are to remain are protected and undamaged (8, 10) Provide overhead lights as shown and noted (8) Provide xfrm pads as shown and noted (8) Ensure all utility easements are maintained/followed (8) Provide power/lighting for all covered parking (8) Provide flood lights for monument sign as shown and noted (8) Provide power/lighting for tot lot (8) Provide power/lighting for pickleball court (8) Provide power/lighting for all units as shown and noted (9) Ensure exisiting power poles/lines to remain are undamaged (10) Provide relocation of power line as shown and noted (10) Coordinate all trenching with water line trenching (11) Coordinate all trenching with sanitary sewer trenching (12, 13) Provide all backfill for public/right of way work as shown and noted (14, 15, 34) Provide power for sump as shown and noted (14) Coordinate all trenching with storm drain trenching (16) Coordinate all work with storm tech system (16) Ensure all trenching, conduit and site work allow for grades to be maintained/followed (17) Verify all grades prior to trenching and conduit install (17) Coordinate all site work with paving contractor (18) Ensure all trenching, conduit and site work allows for paving and slopes to be maintained/followed (17) Coordainte all work with detention basin system contractor (22 - 24) Ensure all erosion control and BMP's are not disturbed or removed (25) Provide traffic control for all work in the public/right of way (31) Provide all street light for public/right of way (32) Provide all trenching, conduit etc. for all public/right of way work (32) Provide maintenance bond for all public/right of way work (32) Provide all light poles for public/right of way work as shown and noted (32) Provide all luminaires for public/right of way work as shown and noted (32) Provide meter pedestal for public/right of way work as shown and noted (32) Provide ground boxes for public/right of way work as shown and noted (32) Provide schedule 80 conduit as required for public/right of way work (32) Ensure all street light foundations are 5' from all water assets and 24" from curbs (32) Ensure all materials are approved by the City of Fort Worth prior to commencing work (32) Ensure all conduits and cable sizing is per the city requirements as shown and noted (32) Provide foundations for all lights as shown and noted (32) Provide all street luminaires as shown and noted (42) Provide all street luminaire poles as shown and noted (42) Provide all street luminaire foundations as shown and noted (42) Provide all conduit and ground boxes as shown and noted (42) Provide metered pedastals as shown and noted (42, 43) Ensure all work does not impact any trees/vegitation that are to remain as shown and noted (UF-1 - OF-4) Provide power for landscape irrigation as shown and noted (IR-1 - IR-6) Provide all low voltage wiring per IES design Provide all low voltage rough in per IES design Provide all low voltage devices, outlet etc. per IES design Provide all low voltage underground conduit and wiring per IES design Provide all low voltage connections per IES design Provide temporary power for all (9) buildings throughout construction Provide all surge protection as required by code Provide all grounding as required by code Provide all GFCI's as required by code Provide wiring for all smoke detectors INIT 130. Provide all arc -fault breakers as required by code 131. Provide all secondary runs per IES design, including trenching, conduit, pull string and aluminum wire 132. Provide all fire caulking as required by code F. This list should not be construed as all inclusive of items obvious to this agreement. The Subcontractor understands that the Construction Manager has guaranteed the Owner, with endorsement from the Subcontractor, that the change order request will not be initiated for work, other than the scope of work changes. The Subcontractor has agreed that his bid is all inclusive to provide for a complete and operational system. Therefore, it is with this understanding that an Owner change order is a requisite instrument prior to execution of any change order payment to the Subcontractor. G. It is understood that the contract completely and specifically covers but is not limited to: All applicable Sales tax, Freight, and material handling/unloading/storage. H. It is understood that email is the official form of communication for this project. All official job communications will be sent to nathan.rich ins @..ies-co.com. Failure to respond to official communications to this email on this project within a 48 hour period will put you in breach of contract. I. Should subcontractor commence work they are accepting existing conditions / previous work. If there is a problem and subcontractor is not able to start work, subcontractor to notify contractor of issues in writing within 24 hours. J. The Subcontractor shall be notified by M-13 Construction Inc of any changes in the scope of work within 5 working days of such notice. The subcontractor shall also notify M-13 Construction Inc of any necessary changes in the scope of work due to unforeseen conditions, errors, or omissions within 5 days of discovery and provide a fair estimate of the corrections needed. If M-13 Construction Inc does not receive written notification within 5 days of this discovery or notification by M-13 Construction, M-13 Construction Inc. will assume no additional monies are due the Subcontractor. K. Additional work which is performed by subcontractors will be charged at the subcontractor's estimated price for the work plus Ten (10%) thereof as full compensation for the Subcontractor's supervision, general conditions, project management, mobilization, demobilization, tool and truck expense, and other and general job expense, overhead, and profit. labor shall be calculated by taking the actual paid out payroll rate to an individual multiplied by 1.30 to cover all payroll burdens such as premiums for workmen's compensation, liability and health insurance, payroll taxes and social security contributions, union charges, vacation and holidays, truck and small tool expenses, and other employee benefits and burdens imposed on a basis of payrolls. List of laborers and copies of pay stubs shall be provided when requested to validate the rates. Work that is scheduled as a Bid Alternate or Unit Price will be based on the lump -sum or actual in -place measurement of quantity multiplied by the applicable price as shown in the Construction Contract. There will be no additional mark-up or charge for Contractor's supervision, overhead, and profit. All change orders to be approved prior to execution of work or subcontractor forgoes any right to compensation. The Subcontractor shall coordinate his activities with M-13 Construction Inc as well as all other Subcontractors activities on the project site. Subcontractor shall provide every possible precaution, while performing his work, to insure the protection of work already in place. Coordination and scheduling of all activities is critical to the success of the total project. Therefore, M-13 Construction Inc reserves the right to review and coordinate the Subcontractors activities. Daily coordination with the Project Superintendent is mandatory for this reason. M. The subcontractor understands that coordination with other Subcontractors is essential and will be responsible for the coordination and sequencing of their work with Superintendent and other trades. This Subcontractor shall perform any additional work without additional compensation as may be required to accommodate other trades work / materials that must be installed at specific locations / times. N. The Subcontractor has had the opportunity and has taken advantage of the opportunity to visit the project site and determine any and all pre-existing conditions that may or may not change his scope of work. The INIT Subcontractor accepts the conditions as they exist and has included in his price any costs associated with these conditions. O. This agreement supersedes and voids any previous negotiations. This agreement is subject to the approval of Subcontractor by Architect and/or Owner. R M-13 Construction Inc is a firm actively involved in planning, scheduling and general supervision only. The Subcontractor will assume that no assistance, other than managerial functions, will be extended to the Subcontractor. Q. M-13 Construction Inc Personnel will communicate with the architect and Engineers and act as liaison for any discrepancies of drawings or request and/or interpretations of drawings for the Subcontractor. R. Subcontractor shall perform work by using the best practices of his trade. S. Subcontractor is responsible for all caulking including fire caulking that may be required / needed to provide a complete product / finish. (ie: where products or materials of this agreement abut dissimilar surfaces). System and material to be approved by submittal prior to installation / use. T. Subcontractor responsible for all clean up and haul off associated with their scope / work. Clean up and removal of all debris related to this scope of work to be performed by Subcontractor on a daily basis to maintain a safe and organized job site. Work areas to be maintained in an orderly condition at all times and swept "broom clean" at the end of each workday. Tools, equipment, and materials are to be stored in an orderly and protected manner. Storage locations(s) will be coordinated with M-13's project Superintendent. Should Subcontractor fail to comply with the clause, M-13's Project Superintendent or Project Manager will issue a 24 hour notice to comply via email to the subcontractor's office and hand deliver a copy to the Subcontractor's lead individual on site. If subcontractor does not comply within 24 hours, M-13 will immediately take action to correct deficiencies at Subcontractor's expense. U. Subcontractor is responsible for all track out caused by their scope of work, including but not limited to track out from their vehicles, their employee's vehicles, and the vehicles of their vendors delivering or picking up materials. V. It is understood that the Subcontractor shall cause to have all necessary inspection made by the governing building official as required for the work of this section and shall submit all inspection reports to the General Contractor. All extra costs or work required due to failure to have the work properly inspected shall be paid for by the Subcontractor. W. No additional compensation will be given for adverse weather conditions. Subcontractor will proceed with the work as required by the project schedule in order to expedite this project. No delays are allowed except for weather conditions as authorized by the Contractor. If the Subcontractor causes delays to the project due to failure to perform in a timely manner, the Subcontractor will be held responsible for any penalties or costs incurred by the General Contractor as a result of Subcontractor's delay. The Subcontractor shall be excused for delays in delivery due to acts beyond his control and not due its fault of negligence. X. Subcontractor is solely responsible for all safety pertaining to their work as required by any and all Local, State, Federal, or professional association standards and indemnifies and holds M-13 Construction harmless in the event that subcontractor fails to meet such standards. Subcontractor is required to provide M-13 Construction Inc with a copy of their company IIPP and MSDS binders immediately upon notice of intent. If Subcontractor fails to provide the documentation in a timely manner the result may be either expulsion from the project, cancellation of contract and/or withheld payments from Subcontractor. Y. Subcontractor's personnel shall be required to wear hard hats and other required PPE at all times while working on the Project. Z. Subcontractor will be responsible for receiving, unloading and the staging of their materials for the project. AA. Subcontractor will be responsible to provide insurance and security for materials, tools, and equipment left at or used on the job site. Subcontractor hereby acknowledges that M-13 Construction Inc is not liable for INIT any items that are lost, stolen, or damaged and hereby releases M-13 Construction Inc for any and all liability from the same. BB. Subcontractor shall work on site a minimum of an eight -hour workday between the hours of 7:00 am and 5:00 pm. Provision of adequate manpower, equipment, and materials to comply with the project schedule is required by the subcontractor. Overtime, if required to maintain compliance with the project schedule will not entitle the Subcontractor to additional compensation. CC. Radios, stereos, boom boxes, etc. are not allowed on the job site. DD. Subcontractor shall provide hard copies of the most current drawings and specifications to his site personnel and cause that they shall be working from the latest documents. If subcontractor fails to provide his personnel with hard copies of the most current drawings and errors are made in installation, subcontractor will be required to repair/replace incorrectly installed items at no cost to GC. EE. Subcontractor to get VE approved by contractor, owner, and engineer FF. Subcontractor shall be responsible for damage to other trades installed work during construction. GG. Subcontractor to ensure all ADA requirements are met where applicable including slopes, accessibility, member spacing, etc. HH. Subcontractor responsible for installing their scope of work per the entire set of plans. In the event of a discrepancy between plan sheets and/or specifications subcontractor shall submit an appropriate RFI to M- 13 Construction Inc for clarification. If subcontractor installs work incorrectly due to plan and/or specification conflicts without receiving written clarification it will be subcontractor's responsibility to make any corrections at their own expense. II. Any concrete embedment (including templates) provided by subcontractor and to be installed by others must be furnished in sufficient time to not cause delay to the concrete schedule. JJ. Subcontractor is required to provide strict compliance with all SWPPP, EPA, OSHA, and other regulated agency requirements at all times. Any fines levied against M-13 Construction Inc as a result of subcontractor's non-compliance will be paid by subcontractor. KK. As a further condition of performance of this Subcontract, Subcontractor agrees that is shall only dispatch supervisors to the job site who can speak English and who are able to effectively communicate in English with M-13 Construction's employees, supervisors, and foremen so as to insure that all employees of Subcontractor perform their job responsibilities in accordance with the directives of M-13 Construction. LL. Subcontractor shall notify M-13's Project Manager of any back charges against Contractor or other Subcontractors on the project that Subcontractor contends are due as a result of Contractor's or other Subcontractor's conduct WITHIN TEN (10) WORKING DAYS of first discovery of determination of damage or harm. M-13's Project Manager and Superintendent will assess the validity of the alleged back charges WITHIN TEN (10) WORKING DAYS of notice and negotiate a settlement between the claiming and the accused subcontractors. Back charges asserted more than ten (10) days after discovery of damage or harm will be deemed waived and/or released by the subcontractor. INIT M� �._ z ::Elwou Supplier Affidavit TO: IES Residential (Texas) 10203 Mula Circle Stafford, Texas 77497-0947 PHONE: 1800-803-9202 FAX: DATE: JOB: M-13 Construction, Inc. 775 West 1200 North Ste. 100 Springville, UT 84663 Phone (801) 489-3215 Fax (801) 489-8493 Licensed in UT: 4985958-5501, CA: 1000404, AZ: ROC249208. ID: RCE-22534 23-003 Vic Center Apartments CONTRACT: 23-003-16050 OWNER: Vic Partners, LLC The following is a true, accurate, and complete list of each and every subcontractor, and/or supplier from whom we will be purchasing or have purchased either labor or materials or subcontracted items for the furtherance of our contract or purchase order from M-13 Construction on the project listed in the title above. We are furnishing this list for the express purpose of M-13 being able to ascertain how we are paying our bills to our vendors on this specific project. If we purchase from any additional vendors not included on this list, we will immediately notify M-13 of those additional vendors when we place our orders. Please type or Print NAME OF VENDOR SUP/SUB ADDRESS, CITY, STATE, ZIP Phone: Phone: Phone: Phone: TOTAL ESTIMATED AMOUNT ESTIMATED AMOUNT I, , do hereby affirm that the above list is, to the best of my knowledge, a true, accurate and complete list as indicated above. By: Title: Warranty M 1 r__■.A Z ::E r 1 o V TO: IES Residential (Texas) DATE: 10203 Mula Circle JOB: Stafford, Texas 77497-0947 PHONE: 1800-803-9202 FAX: M-13 Construction, Inc. 775 West 1200 North Ste. 100 Springville, UT 84663 Phone (801) 489-3215 Fax (801) 489-8493 Licensed in UT: 4985958-5501, CA: 1000404, AZ: ROC249208. ID: RCE-22534 23-003 Vic Center Apartments CONTRACT. 23-003-16050 OWNER: Vic Partners, LLC We, the above named subcontractor on the above named project hereby warrant that all labor furnished and work performed in conjunction with the above -referenced project are in accordance with the contract documents and approved changes. We warrant that our work will be free from defects to workmanship for the period of 1 year from the date of substantial completion as determined by the architect. Should any defect develop during this warranty period, we will make corrections, together with any adjacent items or areas which may require repair or replacement, upon written notice at no expense to the owner or general contractor. If we fail to begin repairs within three (3) days after receipt of written notice from the Owner or Contractor, or if we fail to pursue such repairs with diligence, we do hereby authorize the Owner or Contractor to proceed to have the defects repaired and made good at our sole expense. We will honor and pay the costs and charges for said repairs, together with interest at the maximum rate then permitted by law, upon demand. In the event we fail to fulfill the preceding obligations, causing the Owner to bring an action to enforce this guarantee, we agree to pay the Owner reasonable attorney's fees and cost incurred in connection therewith. By: Title: Date: Vic Center Apartments SOV BUILDING # Building 1 Building 2 Building 3 Building 4 Building 5 Building 6 Building 7 Building 8 Building 9 Leasing Slab Leasing Rough Leasing Trim Leasing Service Fitness Slab Fitness Rough Fitness Trim Fitness Service Carport Building 1 Carport Building 2 Site Lighting, Sign, Gates, Pool, Fountain Site Lighting, Etc. Underground Site Lighting, Etc. Final Temp Power and Mobilization Permit Costs Bond Addenda #1: Cat5 Prewire and Trim Addenda #2: RG-6 Prewire and Trim Addenda #3: Primary Addenda #4: Boring Addenda #5: Secondary Addenda #6: Coordination Study Addenda #7: Per Plan Gear, Feeders, Branch Addenda #8: Offsite Street Lights Totals TOTAL CONTRACT IES Residential 10203 MULA CIRCLE STAFFORD, TEXAS 77477 TITAN DIVISION QTY Slab SER SER ROUGH ROUGH TRIM Material TRIM LABOR SERVICE SERVICE Cat5 Pre- Wire Cat5 Pre- Wire Material LABOR Material LABOR Material Labor Rough Trim 30 $1,200.00 $26,100.00 $1,950.00 $34,050.00 $27,900.00 $20,100.00 $16,350.00 $38,250.00 $2,250.00 $7,050.00 $3,000.00 30 $1,200.00 $26,100.00 $1,950.00 $34,050.00 $27,900.00 $20,100.00 $16,350.00 $38,250.00 $2,250.00 $7,050.00 $3,000.00 30 $1,200.00 $26,100.00 $1,950.00 $34,050.00 $27,900.00 $20,100.00 $16,350.00 $38,250.00 $2,250.00 $7,050.00 $3,000.00 30 $1,200.00 $26,100.00 $1,950.00 $34,050.00 $27,900.00 $20,100.00 $16,350.00 $38,250.00 $2,250.00 $7,050.00 $3,000.00 30 $1,200.00 $26,100.00 $1,950.00 $34,050.00 $27,900.00 $20,100.00 $16,350.00 $38,250.00 $2,250.00 $7,050.00 $3,000.00 28 $1,120.00 $24,360.00 $1,820.00 $31,780.00 $26,040.00 $18,760.00 $15,260.00 $35,700.00 $2,100.00 $6,580.00 $2,800.00 30 $1,200.00 $26,100.00 $1,950.00 $34,050.00 $27,900.00 $20,100.00 $16,350.00 $38,250.00 $2,250.00 $7,050.00 $3,000.00 30 $1,200.00 $26,100.00 $1,950.00 $34,050.00 $27,900.00 $20,100.00 $16,350.00 $38,250.00 $2,250.00 $7,050.00 $3,000.00 30 $1,200.00 $26,100.00 $1,950.00 $34,050.00 $27,900.00 $20,100.00 $16,350.00 $38,250.00 $2,250.00 $7,050.00 $3,000.00 TOTAL $178,200.00 $178,200.00 $178,200.00 $178,200.00 $178,200.00 $166,320.00 $178,200.00 $178,200.00 $178,200.00 $600.00 $5,200.00 $4,100.00 $1,700.00 $600.00 $5,200.00 $4,100.00 $1,700.00 $1,700.00 $1,700.00 $22,300.00 $22,300.00 $25,682.00 $1,200.00 Not Included Included Not Included Not Included Not Included $144,500.00 Not Included Not Included $37,498.00 268 $10,720.00 $233,160.00 $17,420.00 $304,180.00 $249,240.00 $179,560.00 $146,060.00 $341,700.00 $20,100.00 $62,980.00 $26,800.00 $1,872,000.00 1 $1,872,000.00 vs. ( '1.1,r, g, Residential July 31, 2023 Joshua Jackson M-13 Construction Inc. Contract Amount: $1,872,000.00 IES Residential Titan Multifamily, a Division of IES Residential 10203 Mula Circle • Stafford, TX 77477 PO Box 947 • Stafford, TX 77497-0947 Proposal based on: Plans dated: 01/12/2023 — Per IES Design. Not included: Job Specifications & Fixtures. Vic Center Apartments Fort Worth, TX Note: Items not mentioned or items referenced as not included elsewhere in this proposal are not to be assumed as included in this bid. Included: IES Residential proposes to furnish materials, labor, and supervision to install the electrical work on the above -referenced project as follows: Temporary power - Temporary power for construction with 120/240V, 20-amp GFI-protected circuits (per 2020 NEC) installed once from power company outlet location, provided by General Contractor. Temporary power includes: a. One 60-amp panel for every 24 units b. Two 120-volt duplex receptacles c. One 220-volt duplex receptacle, mounted outside on the ground floor. Note: Excluded are "spider boxes" and connections to cranes, elevators, or other trades' trailers. 2. Electrical distribution - Electrical distribution to be 120/240V, and house panels per plans with photocell -controlled exterior lights. Gear manufactured by Eaton with 125-amp unit panels. Lead times on gear are between 12 — 16 months. 3. Grounding - Proper grounding per the 2020 NEC. 4. Surge Protection — Proper surge protection per the 2020 NEC. 5. Sub -feeders -Apartment sub -feeders to be aluminum SER sized per IES Design for the load served (per 2020 NEC). 6. Branch circuits -All branch circuits in NM-NMB copper Romex® with #14AWG wire and plastic boxes. 7. GFCI protection - GFCI-protected circuits as required by the 2020 NEC. 8. Wiring included in proposal - Wiring for lights, switches, receptacles, ranges, microwaves, dishwashers, disposals, and bath exhaust fans. Furnishing and connecting pigtails for dryers and ranges by others. 9. Smoke detectors - Wiring for and installation of smoke detectors in units only. All other smoke detectors wired and installed by fire alarm contractor. All smoke detectors furnished by others. Page 1 of 6 00 (j, Es. r Residential Titan Multifamily, a Division of IES Residential 10. Switches and receptacles: All devices ivory or white in standard residential -grade with plastic, midsize plates. Toggle switches included. 11. Water heaters - Wiring for (268) 4.5-kW electric water heaters, per IES Design. 12. Bathrooms - Units with multiple bathrooms will have all receptacles GFCI protected in all bathrooms, wired together on one homerun circuit per unit. However, they will not all be GFCI receptacles. 13. Kitchens — All kitchens countertop circuits will be GFCI protected per NEC. They will not, however, all be GFCI receptacles. 14. Wiring for apartment units as follows: UNIT TYPE QUANTITY TENANT MAIN HEAT Al 106 110 Amps - #1/0 AL 8 KW 131 108 100 Amps - #1 AL 6 KW C1 54 100 Amps - #1 AL 6 KW TOTAL 268 15. House lights - Wiring and installation of house lights in type NM-NMB Romex #12/2. 16. WP and WP/GFI outlets - Wiring and installation of WP and WP/GFI outlets, per plans. 17. Arc -fault breakers — Wiring for and installation of arc -fault breakers, per 2020 NEC. 18. Fire caulking — Fire caulking of all electrical penetrations, per local code.(Putty Pads not included) 19. Clubhouse — Wiring for clubhouse, per local code. 20. Ceiling fans — Wiring and installation of ceiling fans, per plans. 21. Site lighting —Wiring and installation of site lighting as follows: (1) monument sign, (21) Pole Lights, (61) Wall Packs. Concrete for pole by others. 22. Swimming Pools— Wiring for (1) swimming pool panel only. Bonding of pool deck grid or lights, niches, and motors, to be performed by pool contractor or others. 23. Quality - Proper job supervision and manpower. 24. Sales Tax. 25. Electrical Permits. 26. Wiring of carports as shown per plans. VE BASE BID: $1,600,502.00 One Million Six Hundred Thousand Five Hundred Two Dollars. Note: Furnishing, handling, storing, and processing light fixtures not included in this number. Page 2 of 6 00 (j, Es. r Residential Titan Multifamily, a Division of IES Residential Addenda: 1. For unit telephone prewire and trim, Category 5, four pair, per IES design; not in conduit, not per plans. Data not included. Add: $89,500.00 2. For unit TV prewire, RG-6 coax cable, per IES design, not in conduit, not per plans. Trim not included. Add: $43,000.00 3. For primary runs per Oncor design, including trench, installation of conduit and pull string. Estimate only, pending a review of the final company layout (Conduit provided by others): Add: $70,500.00 4. For IES to provide Boring underneath streets as showing per Oncor design: Add: $30,000.00 5. For secondary runs per IES design, including trench, conduit, pull string and aluminum wire. (Spare conduits not included): Add: $144,500.00 6. For providing a coordination study with arc flash: Add: $5,000.00 7. For providing an electrical system per plans including installation of 125-unit panels, wiring of the unit feeders in copper conductors, wiring of the unit branch circuits in #12, and the use of load centers in lieu of per IES design: Add: $380,000.00 8. For work on offsite street lights: Not Included in Base Bid: Add: $37,498.00 1. Primary or secondary trench, conduit or cable, pull boxes, CT cans, terminal boxes, transformers, transformer pads, or other power company -type equipment. (Furnished by power company) 2. Wiring of any branch circuit conduit in MC cable or conduit. 3. Furnishing of a Might lighting control system. 4. 20-amp Devices. 5. Furnishing or installation of any spare conduit. 6. Minimum rating of unit panels at 35KAIC. 7. Furnishing and installation of 80-amp fuse for primary run. 8. Bond for work on offsite street lights pending change order. 9. Grade work or setting of transformers or transformer pads. Page 3 of 6 00 (j, Es. r Residential 10. Concrete on this project. 11. Blasting or special backfill materials. Titan Multifamily, a Division of IES Residential 12. Furnishing or installing appliances or microwaves. 13. Utility company fees, charges, temporary inspections, deposits, or temporary cut -ins. 14. Temporary lighting or temporary heat. 15. Re-lamping light fixtures. 16. Bonds: Bid, Performance, and Payment, or premium. 17. Prevailing wage, Davis -Bacon wages, or Section 3 requirements. 18. OCIP insurance. 19. CAD welding of grounding equipment. 20. Wiring apartment security systems. 21. Wiring or furnishing heat detectors or other such HVAC or fire alarm systems or equipment. 22. Wiring heat trace for sprinkler systems or any other system. 23. Furnishing doorbells, pushbuttons, or transformers. 24. Wiring or installing baseboard heaters. 25. Fireproofing sleeves or ducting sleeves. 26. Installing gypsum board, Sheetrock°, or putty pad protection for recess cans, light fixtures, or receptacles in any location. 27. Placing telephone, cable, farm alarm or electrical required in foundations. 28. Garage door low -voltage eyes. 29. Hand dryers, sauna equipment, or drinking fountains. 30. Unit TV prewire. (See Addenda.) 31. Unit telephone prewire and jack plates. (See Addenda.) 32. Site TV and telephone trench, conduit, or pull string. 33. Wiring low -voltage water meter system or surge protection. 34. Fire alarm system, telephone lines, or conduit for underground polling loops. 35. Lighting protection systems. 36. Wiring site/landscape lighting not specifically mentioned in INCLUDED section of proposal. 37. Fixtures, fans, or smoke detectors for any portion of this project. Page 4 of 6 00 (j, Es. r Residential Titan Multifamily, a Division of IES Residential 38. Handling, processing, receiving, or storage of fixtures not included in base bid. 39. Draft insulators. 40. Furnishing or installing magnetic door holders. 41. Pre -wiring for in -unit surround sound systems. 42. Furnishing or installing fire smoke dampers, tampers, or flow switches. IES will furnish only power to these item locations if applicable. 43. Furnishing carbon monoxide detectors at any location, including carbon monoxide systems or exhaust fans for the garage. 44. Demolition, relocation of any type, or finishing out existing buildings. 45. Wiring, furnishing, or installing car charging stations. 46. Lighting control panels. 47. Fees for any third -party pay app billing services. Note: Notwithstanding anything to the contrary contained in any request for proposal, bid solicitation, project manual, specifications, general conditions, or other related documents, this proposal, and additions thereto, are expressly conditioned upon IES's review and subsequent agreement to any terms and/or conditions which may be included in any contract and/or subcontract agreement required for award of this project. Rock Clause: IES is not responsible for the removal of rocks or underground debris beyond the capabilities of a Case' 580 backhoe. This proposal is valid for a period of 14 days. Thank you for your time spent in considering our bid. We look forward to working with you on this project. Regards, Shawn Little (Division Manager) — (832) 256-0389 Felipe Aguilar (Project Manager) — (832) 317-2201 Drew Holmes (Project Manager) — (832) 859-3940 Titan Multifamily, a Division of IES Residential IES License number: TECL 17438 Page 5 of 6 00 (j, ES. r Residential Titan Multifamily, a Division of IES Residential Regulated by the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803- 9202, 512-463-6599; website: www.license.state.tx.us/complaints Page 6 of 6 SUBCONTRACTOR EXHIBITS The below Subcontractor Exhibits are attached to and incorporated into the Subcontract Agreement ("Agreement"), between M-13 Construction, Inc. ("Contractor") and IES Residential, Inc. ("Subcontractor"). EXHIBIT—BACKCHARGES Notwithstanding anything to the contrary, Contractor shall notify Subcontractor in writing and allow forty-eight (48) hours for Subcontractor to cure any alleged defects in the Subcontractor's work before any backcharges are assessed against the Subcontractor. No back charges shall be assessed if Contractor fails to provide this notice and an opportunity to cure, prior to the correction of any defects by Contractor. EXHIBIT —DELAYS Notwithstanding anything to the contrary, if any damages, including Liquidated Damages, for delay are assessed against this Subcontractor, they shall only be assessed to the extent and percent caused by the Subcontractor or by any person or entity for whose acts the Subcontractor may be liable. Subcontractor shall not be liable for delays caused by Owner, Contractor, other trades or acts of God. The parties agree that Subcontractor shall be bound by the durations in the Schedule attached, but not necessarily bound to the specific dates within the Schedule as they are subject to change, depending upon the progress of the other trades on the job. Should Contractor's schedule be delayed due to causes beyond Subcontractor's control requiring Subcontractor to expedite materials, provide additional manpower or overtime or requiring Subcontractor to work additional shifts, Contractor shall issue a Change Order to compensate Subcontractor for such additional costs. Should the completion date remain as it currently is in the Subcontract Agreement and should Contractor require that any of Subcontractor's Work that is currently staggered in the Schedule be performed concurrently due to the compression of the Schedule because of delays by others, Subcontractor shall be compensated pursuant to a Change Order for the increased manpower, overtime hours and man-hours, if any, required to maintain the Schedule. EXHIBIT —FORCE MAJEURE Notwithstanding anything to the contrary, Subcontractor shall not be liable for any damages or delays related to any event of force majeure, including without limitation the following: any acts of God, any compliance with any law, governmental order, rule, regulation, direction or any action taken by a government or public authority, including the imposition of any embargo, export restriction or other restriction or prohibition, any acts of war or terrorism, or any earthquakes, fires or floods, pandemic, epidemic, global health emergency, or any other event beyond the control of Subcontractor. Subcontractor shall not be liable for delays by suppliers nor shall it be liable for any material shortages, material market increases, nor for any increased costs in obtaining workers, goods or transport or for any other circumstances affecting the supply of goods or services. EXHIBIT —DURATIONS The parties agree that Subcontractor shall be bound by the durations in the Schedule attached but not necessarily bound to the specific dates within the Schedule as they are subject to change, depending upon the progress of the other trades on the job. These Durations shall be sequenced consecutively, not concurrently. Subcontractor agrees to be bound by these durations but not necessarily calendar dates. EXHIBIT —REMEDIES FOR NON-PAYMENT If Contractor does not pay the Subcontractor through no fault of the Subcontractor, within seven (7) days from the time payment should be made as provided in this agreement (or within 30 days of Subcontractor's submittal of its payment application, whichever occurs soonest), the Subcontractor may, without prejudice to any other available remedies, upon seven additional days' written notice to Contractor, stop the work of this Agreement until payment of the amount owing has been received. The Agreement sum shall, by appropriate adjustment, be increased by the amount of the Subcontractor's reasonable costs of shutdown, delay and startup. EXHIBIT —ECONOMIC ADJUSTMENT Where the delivery of materials is delayed or quantities are limited as a result of shortages, rationing, or unavailability, Subcontractor shall not be liable or responsible for any delays or damages caused thereby. When this occurs, Subcontractor shall propose substitute or alternate means of acquiring said materials and Contractor and Subcontractor shall negotiate an equitable price adjustment to their contract. When the costs of any material exceed five percent (5%) more than the documentable price originally quoted to Subcontractor, then Subcontractor shall notice Contractor in writing of such change and the parties shall come to a mutual agreement on a new price. This provision shall control over all other terms and conditions in this agreement and contract documents. EXHIBIT —SAFETY Whereas Subcontractor intends to abide by the Williams -Steiger Occupational Safety and Health Act of 1970 and intends to make a concerted effort to maintain a safe work place, but certain items must be furnished by others which Subcontractor is either economically or authoritatively unable to supply. Therefore, Contractor shall aid in furnishing an OSHA safe and healthful workplace by causing to be furnished access to all floors with guard rails, stair railings, and toe boards as required. Contractor further agrees to maintain a clean workplace free of nail protrusions, trash, and scrap lumber; to ensure safe scaffolding, if erected; to ensure that equipment supplied by Subcontractor for temporary electrical supply is used by all trades in accordance with all regulations provided by "OSHA" and other bodies having jurisdiction; and further to coordinate the trades to avoid exposure to hazardous materials while on the site. Notwithstanding anything to the contrary, Subcontractor shall not be liable for elevated fines due to repeat safety violations, if prior violations were not caused by this Subcontractor. EXHIBIT —FINES Notwithstanding anything to the contrary, Subcontractor shall not be liable for elevated fines due to repeat safety violations, if prior violations were not caused by this Subcontractor. EXHIBIT —THEFT AND MATERIAL DAMAGE Notwithstanding anything to the contrary, Subcontractor shall not be liable for theft of or damage to installed materials, when such theft or damage was committed by other trades or unknown parties or acts of God. If Subcontractor's installed materials are stolen or damaged after installation, Contractor shall pay Subcontractor to re -install such materials. This applies to property and permanently installed materials which are to remain and become part of the work. Contractor is bound to Subcontractor by the Contract Documents and shall assume toward Subcontractor, with respect to its performance, the obligations and responsibilities which Owner assumes towards Contractor. THIS IS A LEGALLY BINDING AGREEMENT UPON WHICH M-13 CONSTRUCTION, INC. RELIES. PLEASE READ IT CAREFULLY. SUBCONTRACT AGREEMENT Subcontractor does not assume the risk of latent conditions. In the event that a latent condition is JOB NUM 3-003 discovered that must be overcome in order to proceed with the Work, Subcontractor shall stop SUBCONTRAC CIP Paving work and inform Contractor. The parties will enter into a written Change Order to modify the schedule and equitably compensate Subcontractor for the war}, necessary to overcome the SUBCONTRACT* Ill �a condition. DATE PROJECT NAME Vic Cents Apartments (hereinafler'Projed'). I. when Signed by Subcontractor, THIS SUBCONTRACT AGREEMENT thereinafter'Agreement' or'Subomttract Agree rlYj fe made at fill gvcna, Utah, this, between M-13 Construction, Inc., (Conlractar) a Utah corpvratlan need in UT. 49859585501, CA: f000404, Ai': ROC24MO, ID, E 534 and CIP Paving (Subcontractor), an Independent contractor. In coniWeralion cf these mvenanls,I intraclor and Subcontractor agree as follows, 1. SCOPE OF WORK 1.1 Scope. The Work to be p z�ritad by Subcontractor under the terms of this Agreement cans n of furnishing 0 supervision, managemerm, expertise, scheduling, labor. materials, fools, implements, equ V nt, licenses, pwrnb, fees, eta to do an of the VW* kde tiff below. The Work to be performed by Subcontractor includes the Work specifically set forth in this All nxmdint as well as any and an Other incidental or related Woo Inciudi g any Mrk a dinanly and usually performed, and the supply of all facilities ordInarty and usually provided as %art of the Work covered try this Subcontract Agreemem or ordn {rfy and usually performed by a Subcontractor doing work of such trade classification. Contractor reserves the rlghl to issue additional and supplemental change orders whidd## shall be deemed incorporated into Ibis Agreement, all of which shall be referred to as the work. 1.1.1 Scope of work shall be In am with all contract documents induding plane, specifications, and any and all addenda and shall include, but not be limited to: �. ......__.� , -i�[-CSI tVd WORK Qhi THE Pf��JECT WILL BE COMPLETECi BY SUBCONTRACTOR UNTIL BOTHi� ES HAVE �patent sea Ir7CECUiE© ThkE Si16GONTRACT AGREEMENT. _ .._._. _....._... _... 2 coNrRacTooctnuENTs Ishal! be provided to Subcontractor in advance of the execution of this aareeme 2 f nfrad Liacuments Refired. The Contract r nt& for thla Agreement cbnsrat bf this Subcontract Agreement, warranty, Supplier AMdawt, Ad nda the bid and permit a dowments, induding the plans and aped s prepared bY, tpereafler known as Architect, the prime contract and general conditions b tveen Contractor and {Owner), ether with any amendments or change Ord Go this Subcontract Agreement, an of which are collectively referred to as the Contrast Daaments. late -� cr'r-eFE fA -Ar rearnart: The Cortrad Documents An-C:.'�'-,:-w sza atFc& at sitas:� 33 L-. ,: 12 Ffori'Romr Contract Rocumar fa. Subcontredor and lower tier subcontractors and supplieers accept an Contract Documents and are bound by them S LibconIna rw aclmowled that It understands and accepts the canoe f{t and procedures of the prime contract between Contractor and Owner and that they are binding upon Subcontractor. Subconira is bound to Contractor by the Contract becuments and shall assume toward Contactor, with respect to Subcontractors perforrrmnce, the obligations and responsibilities u Contractor assumes toward l7rvner. The Contract Documents shall be construed In accordance with the laws of the State ofTix8s. Subcontractor shall bind Ita lcwerSubcorttractors to the performance obligations and responsibilities which Suboontrader assumes toward Contractor thmugh appropriate and ilke flow -down p,WWons in the . .Agreements with its sub -subcontractors and suppliers. Z3 Examination and A=eptance'b,'Contrad Documents and S98. Subcontractor represents that it has carefulty examined the plans and specifications, it any, for the Work, and has Cully acquainted Itself with al-�,es-owrd•Aians relevant to the Mrk the site of the w1or k and Its surroundings. Subcontractor agrees to assume the flak of such conditions, and will. regerdlam of such conditions or the expense or dNficuity of performing the V** fully complete fha Work for the slated contract pnoe. Except for IIsms and information which Contractor Is expressly obligated under this Agreement to fumiah to Subconbador, Informallun on the sits of the work and local conditions at the site hi mished by Conlractvr are not guars nteed try Contractor and are furnished for the c onvenlenw only of Subcwmtiado - 2.4 Acceptance of infeof of Contract Doeurnerrfs The specifications and drawings, if any, may not be complete in every debrll Subcontractor shall comply with their menffest intent and general purpose, taken as a whole, and shall not avail itself of any errors or =1 asiona to the detriment of the Work Should airy conflict, error, omlssien or discrepancy appear In the drawings and specifications, Subcontractor shall notify Contractor at once and Ccrtractor will Issue written instructions to be followed. If Subcontractor proceeds with any of the Work In question prior to receiving. wdttr'n instructions, all neceasary cwremons shall be at Subcontractor's expense. 25 Pdaffry of Contract Documents. The Coritract Documents ahouId, if possible, be read so as to give all provisions meaning and application. Ir, however, a corrTllm exists between this Agreement and other Contract Documents, this Agreement shalt have priority and control. If this Agreement is silent as to a provision contained In other Contract Dccumenls, that slanee does not Imply non-enfonrement of the con tract provision. 2 6 Dasigrs/ W)d Nature of Cantract Suboontractor hereby acknowledges that In many cases, speculations for materials and methods related to SubmritrarWs Scope of Work are limited to notes on the plans and can be ambiguous. Subcontractor warrants and represents that it has spec fled materials and mathcds that are swahle for the intended application and are cast -effective. Such materials and methods have been submitted to Contractor far review, but unless spec ficaffy waived by Contractor in writing, Subr4ntmctor is not relieved of the responsibility to specft provide, and instal materials and equipment which adequately meet the lntended use of the project and the warranty requirements herein. It is hereby understood that Me Subcontractor has been chosen as an expert in this particular scope of work and Is pherefore responsible to notify the Centracior of any and all concerns the Subcontractor may have in providing a product that Is sutlable based on the spectfications called out an the plans. „ �.., .- i,...,, 6. ,.r :air .i.�:: �..:....,, . r .,,,.::: ; tees pr ratan; Sub=n,:.-C r� t�ahy-aar6Rua� addr�t`%r.�a:.�a!-are-saitahl�,ton-irso-ta�de�-aapg�a�ad-sttaF�:.. 'r •. ,i a %u ,.., /e C• . I �•, r • m lfbrlk; S uv. .. .. , :a...,, 467 at :$••1kiYep fk $$. ..... s.s F�Ft: r : •\• s '1M1Zi let}t-iir3di�L'6`ti@IFi�'ttle•irAillrSL�"PitCn� 3. PROSECUTION OF WORK In the event a delay is caused by Subcontractor, a f Commencement of Work Su r shag commence the wb* to be performed under this Agreement no less than 7 days alter receipt of Notice to Proceed from Contractor and shall prosecute aigm mpfeta its Work in accordance with the Contract Documents.I 32 Prosecution o/the Work Subcontractor when proceed with each and every part of this Aement in a prompt and dlpgent manner, SubcnntraclarC s%>fr dGCic c�� shall orlti m this Subcontractor Agreement at the times, in the order and in the anner as Contractor may direct Subcontractor shall commence, cafninue and complete I nw- wrtce of the work so as not to delay Contractor, Owner, or other conbactow. or subcontractors so as to insure timely completion of the prhne contract Particularly ubcantradur agrees to provide, at its expense, additional workers andlor to work on an overtime or shift basis should Contractor reasonably so direct If Subcontractor does not adhere to the schedule and does riot add additional manpower as nerd, Contractor may at Subcontractors expense hire additional crews to supplement In the event that the unpaid balance due exceeds Contractors cost of completion, the 1Efference shag be paid to Subcontractor, but If such expense exceeds the balance due, Subcontractor agrees to promptly pay the difference to Contractor. 13 Schedules. Subcontractor shall furnish sufficient forces to assure proper performance i f Its work under this Agreement in strict compliance with an schedules, Including amended schedules, as may he required or provided by Contractor. The schedules, I, eluding amended schedules, are incorporated In this agreemert by this reference. Likewise, subsequently provided schedules or amended schedules, it any, will be email Incorporated when fbmished to Subcontractor. At the request of ccntractOr, Su boontracto r shall provide a acneduIn of fha Work under this Agreement showing dm completion. 3.4 Time is of the Essence. Any time specified for the completion of this Agreemen! or p on thereof, is a material provlslen of this Agreement and time th of the essence Suoconuactar agrees to be hound by the completion dates and adredule, ti any, orsubse�uentamended schedules Incorporated by this reference. iowever, notwithstanding anything to the contrary herein or elsewhere in the Contract Documen(s. Suf cofiiraclor is not responsible for lelays caused by others, by latent conditions, or by force majeure (including acts of God). In the event Subcontractor is delayed for hese reasons, the parties will enter into a written Change Order to modify the schedule and/or to equitably compensate Subcontractor ,)r env arrP.IPratinn nr arIrtifinnal mannnwpr nprPccary to nvPrromp the rlPlav0-1 3.5 Delay Damages If Subcontractor or its lower-sered subcontractors, suppliers or materialmen default in performance in the Mrk or should otherwise conduct their performance In such a way to cause delay to the Project, Subcontractor shall be liable for all losses, costs, expenses, liabilities, and damages, including, but not limited to, consequential damages and liquidated damages, surAned by CAD �which Contractor may be liable to Owner or any other party because of Subcontractor's default. IfreaS$oCly(1 3.6 Qualify Personnel, Subcontractor shall be responsible raj 91�iEi°nng perrstlnnei who are well qualified to perform the required Work. All Subcontractor personnel entering onto the Piled shall conform to all security regulations �aand other regulations, rules and laws which may be in effect during the period of this Agreement. Any employee of Subcontractor deemed by Contractor, in Contrad-Dea ktiscrBNon, to be obje h r:rm�vad from the jobsite immediately on Contractor's request and shell be prorriptly replaced by Subcontractor at no axira expanse to Contractor. OT the UVork. S. 7 Right ofJoint-Chock Payment Contractor, at its option, may make any jointly to Subcontractor and any of Its subcontractors or suppliers who have parfarmad Work or furnished materala under this Agreement. 3.8 Piper Superinfendenoe. At all times during performance of this Agreement and u 1 the Vtfork is completed and accepted, Subcontractor shall directly superintend the Work or assign and have on the Jo We a competent superintendent who is satisfactory ntractor and who has authority to act for Subcontractor. 3.9 Warranty- subcontractor warrants to Owner. Archltect/Enginear and Contractor t all materials and equipment furnished anall be new unless aherwise specified and that all work under this Agreement snall be performed in a flood and workmanlike me rmr, and shall be of good quality, free from faults and defects and in conformance with the ConLra�d Documents, for a period of one year from the date of Prglad completion All Weark not conforming to Inese mqutrements, Iroluding aubstitAona not properly approved and authorized, may be considered defective. The wanaaatprowided irwSsar.�kuha�n�ddi! ar. it end..reL.ia_lfan fat om�o�arry-other wsr�snty o�romsdy ragssired Subcontractor aha0 require similar warren des from all vendors and lower liar subcontrac im. Establishment of the warranty period for corracticn of the Work relates anly to the apacfic obligation of Subcontractor 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 Contractors liability with respect to its warranty obligations. Furthermore, Subcontractor agrees to assume towards Contractor all the obligations and responsihisties that Contractor assumes toward Owner as set forth in the Contract between Contractor and Owner, Including, but not limited to warranty or guarantee requirements, and. Including all conditions, drawings, speaficaflons and addenda thereto and other documents which herein have been referred to in fat mralty or specifically, to the labor, services or materials furnished under this Agreement. reasonable Pqr 110 Protection of Work of Others In carrying cut the Work Sub corrarddoyshail ke , -,,,.„ 1. : u. to protect the Work and the work of other trades from damage caused by Subcontractors operation& In the event that Su pntmo6r raises damage m a to the property of the Contractor or others, Subcontractor shall promptly remedy such damage to Contractora reasonphlo sartlsfac6an within Lwo _ a cf notice thereof horn Contactor. Upon Subcontractors failure to do so. Contractor may remedy the darnegs itself and deduct the`&�t thereof from the Co um. Subcontractor shallbeep the Project free from all mechanic's d claims, stop payment notices or alaima arising by reason of its work if Subcontractor 3 has to any mechanic's He, bond claims, stop payment no' r other claims, Contractor may retain sufficient funds due by Contrador to Subwntracteir to pay the lien, been bond mm, atop payment notice or claim, and all related•eipensss, including attorneys' tees from any contract funds retained by Contractor erwhich may otherwise be owin7 0 paid, to tractor, regardless of whether those funds defte from this Project 12 Subcontractor shall provide six (8) copies a submittals, complete shop drawings, catalog cuts, samples etc., to M-13 Construction, Inc., no later than two (2) weeks but fol ng the date of this Agreement. 3.13 Contractor may occupy and use any portion of the Project which has been either partially or fully completed by Subcontractor before final inspection and a ptance thereof by the Owner. Such use shall notwo d ectdlecoveredpnortoOwneraacceptance ofthe Work Contractor will be resoonsible for anv 1r wns raUsed by its use of occUnafmOn. 2.14 Should the proper performance of any work under tnrs Agreement depend upon (raper performance fu t� (.ontractar or other autiocri spars, subcontractor green to dlatcsawrer and` report to Contractor in writing any defects. Subcontractor shall then accept or reject such remedies before proceeding with its work affected by such defects and shal allow Contractor a reasonable time In Aich to remedy such defects. In the event Subcontractor does not report autW defects to Contractor In writing or acwpts remedies completed by Contractor by prooseding v4th Re work, Subcontractor fully accepts the work of others as-wWaactory and shall be fully responsible for satisfactory performance cI its worK regardless of tha d work of others. 3. f1 Fteasonabie charge for unloading, hoisting, layout aauipmenrk materials, tools, photl or other services provided by Contractor for Subcontractor shall be Fir -tractor. 1 To the extent it has been rAd. Y (known and patent •. rnrscnr V 4. 1 Contract Price. In rxlrmsaderation of the complete and timely performance of all Work under this Agreement, Contractor shall pay to Subcontractor the sum of Three Million Twenty -One Thousand Six Huridred Sbrty-Two Dollars And Zero Cents $3,021,982.00. All pay requests under this Agreemerd shag be an 'Subcontractor Billing Form' provided by M-13 Construction. 4.2 Subcontractor mjV be Pair} only after Contractor Receives Payment. CONTRACTOR'S RECEIPT OF PAYMENT FROM OWNER IS AN EXPRESS CONDITION PRECEDENT TO CONTRACTOR'S PAYMENT OBLIGATIONS TO SUBCONTRACTOR. The subcontractor is paid only if the general contractor is paid. In other wards, the subcontractor will riot be paid udeas the general contraidar rare vas payment from the owner. Therefore. the general contrwWo receipt of payment from the owner is a condition precedent to paying the suboowtraier. Accord ingty, the subcontractor assumes 1he risk of nonpayment by the owner due to inadveney or other inability to pay. 4.3 rnrwmotion Necessary for Payment Regardless of the time of performance under this Agreement, Subcontractor shag provide the 100cmlag certificates, schedules and Information to Contractor prior to recelving arty payment under this Agreement. (a) Certificate r of insurance. (Sae Paragraph 7 or the Agreement.) (b) Invoices showing each principal Category of Work which substantiates amounts requested In Such detail as requested by Contractdr for determining progress payments. (c) Certified payraH inforrnalion if required. (d) Copy of State Contraclors license. Subcontractors are required by law to be licensed underthe Pews of the State at Taxes. (a) Schedules as required by Contractor. (f) Performance and payrient. bonds as required by Paragraph 0 of this Agreement (if applicable) (g) Submittal infernlation and shop drawings as required by Contractor. (h) Subcontractor and all of its tower -tier subcontractors and suppliers shall furnish statutory walvers consistent with the State of Texas. p) Signed Warranty Form 01 S upplier Affld wit Form (k) Invoice received in Contractors office by 2M of the month. X Applications for Payment and all supporting documents (including brut not limited to lien waivers, sworn statements, and the Eike) for Supplier and its sub -suppliers, shall be in electronic format and sha0 be submitted to Contractor using Procore. 4_4 Right to lipid Relantbn- ConlraclDr agrees to pay Subcontractor monthly progress payments up for 95%6 of the work performed in the Preceding month in accordance with the monthly estmats prepared by Subcontractor and as approved by Contractor and Architect Payments shalt be made as stated above as the Work progresses unless Subcontractor is In default. An amount equal W 5.0% of Subcontractor's approved progress payment will be retained by Contractor which retain age Contractor will hold until (1) the entire project has been completed, (2) Contractor receives final project payment and retains ga from the Owner, (3) Subcontractors Work Is accepted by the Contractor as final and (a) Subcontractor furnishes Contractor with satisfactory evidence that ail obligations incurred by Subcontractor pursuant to this Agreement have been paid in full. 4.5 Right of Offset Contractor may offset against arty sums due Subcontractor under this Agreement the amount of any obligations of Subcontractor to Contractor, J. arising out of this Agreement. Offset may be used against Subcontractor, Offuers, DBA, subadiarles, of assigns. 4.B Righl to Withhold upon Breach. In the even of any breach by Subcontractor of this Agreement or In Me event V. the assertion by mimes of any claim against Owner, Contractor or Contractors surety, which claim arises cut of Subcontractors performance, Contractor may, but is not required to, retain out of any payments due to Subcontractor an amount suffident to protect Contractor from any and all loss, damage or expense therefrom, until the claim has beep adjusted by Subcontractor to the satisfaction of Contractor. 4.7 Yerl6catlon of Unit Prices Subcontractors with unit price contracts shall, upon request from Contractor, provide copes of payroll records, invoicing, etc., so that Contractor can verify actual costs associated with the Work 6. CHANGES a I Consent to Changes. Contractor may make changes In the Work to be performed and materials to be furnished under this Agreement at any time by written order and without notice to Subcontractors surety. Subcontractor shall,promptiy perform Its Agreement as changed. 5.2 Writhrn Change Orders. No alteration, addition, ornis on or change shall be made in the Work or the method or manner of performance of the Work except upon written change order of Contactor. Any change or adjustment in the contract price by virtue or such Change Order shall be specifically stated in the applicable Change Order. AW-signed by upon agreeing to the tim Subcontractor. Change Order, land agreed to by Subcontractor Prior to the issuance or any Change Order, Contractor may regLire SubconVector to furnish to Contractor a detailed brew down showing the value of the Wbdr, labor, services and materials altered, added, omitted or changed by the proposed Change Order. If an agreement as to .monetary all dwa�te or arty other term In the Change Order cannot be reached, Contractor, by an authorized representative, may direct Subcontractor in writing to perform the Work with the fi al adjustment reserved until final completion of both this Agreement and the Prime Contract The monetary amount for the perfarmanee of any Change Order shall in at ex the allowance set forth in Subcontiac is prior price breakdown. 5.3 Limitation of Time Extensions Arfaft from Changes. Any extension of lime reacted as a reautt of a proposed hangs Order shat be requasled by Subcanhactor, In writing, prior to the issuance of the Change Order, and shall be incorporated into the change order at the discretion of Co tractor. 5.4 Changes Incorporated tali Contract Documarrts. All Changes in the lhhrk ordered in writing by Contractor shall W deemed to be part of the Work under We Agreement and shall be pedarmad and fumished In strict accordance with a! of the terms and provisions of the Contract Documents. 5.5 Contractors Authorized representative. Authorized representative, as referencod In Article 5.2, refers only to contractors project manager(s) andlor corporate officers. Ort-sfte superintendents do not have tha authority to approve changes to scope of work or to authorize change orders which affect the monetary value of the work, All such change orders must be approved by authorized represented as detailed above and approved before work is started. 6. CuulnsANDDISPUTE8Jand. where aoulicahle. eoultable conipensatior! for ally necessary acceleration or multiple mobilizations. 6,1 Claims far Extras or Cimisslona. A claim far extras or omlaslons"not be honored forlpsyment at credit urdess authorized In wrldng by the Contractor prier to the commencement of the Work (extra or emieslons) or delivery or materials resulting from the dal extras or oneaafono. This condition abplias equally to omissions, as may be requl rod, of any or all of fire Work. for which omissions a credit order will be allowed ran the Subcontract price by the Subcontractor. No claims for damages for delays, whether caused In whole or in part by arty conduct on the part of the Contractor, or delays by other bcantractcrs, Owner, or other lrid ividvats or entities shall be recovers his from Contractor; the sole remedy of Subcontractor lot delay damages shall be an extension of time R2 Timely Notice or Claim. Subcontractor agrees to make all clalma for which Owner to er may be liable in the manner provided In the CCrnract Documents for Like claim by Contractor upon Owner. Notice or such Balms shall be given by Subcontractor to Contractor within the time required in the Contract Documents, or one week prior to the beg Inn€ng of Subcontractors Work for which the claim is to be made, or•imrnedlale*upon Subcontractors Imcwledge of the events whkdt comprise the claim, whichever shall occur 6raL Otherwise. the claim 0_89,be-deemed ryad. ~1 •.y ; �,ono a� r •aSnnahE� nrar.tirahl�� 6.3 Agreement to Meakde Dispute. If both parties agree. Contractor and Subcontractor shall G ti :., 0.411 :„ .,w:r.. rs. counterclaims, disputes, controversies, and other matters in question between them or adaing out of or refatln9 to this Agreement or the breach of the AgreemeK tncluding Elena and bond claims (all of which will harelrurfter be referred to as "Dispute), to mediation prior to fling alien. slnp payment notice or bond dalm and pdorto either party Inhaling against the other a demand for arbitration pursuant to Paragraph 6.4 below, unless delay In Initiattng or prosecuting a proceeding in an wbitrattan or judicial forum would prejudices the Contractor or Comer. The Contractor and Subcontractor shad agree in writing as to the Identity of the mediator and the rules and procedures of mediation. if the Contractor and the Subcontractor Cannot agree, the dispute shall be submitted to mediation under the then current Construction Industry Mediation Rules of the Amed Association. 5l r hrnn tra rinr 6.4 Agreement to Arbitrate. Notwithstanding other Contract Docurne its provisfona to the contrary, 91 Disputes that the Contractor and Subcontraaior are uriaore zn resclve by mediation shall be decided by binding arbitration through the American Arbitration Association under the Construction Industry Rules unless the issue or Issues In ! Dispute pertain to the Owner. In the even any claim or Dispute relates or pertains to the Owner, the Dispute shall be decided by the dispute resolution process provided in the Contrast between Contractor and Owner. but dnty if the Contract between Owner and Contractor allows Subcantract:or be be a party to the dispute resolution process. 6,5 Noflce of AubitrWian Demand. Notice of demand for arbitration roust be fled in writing with the other party to this Agreement and with the American Arbitration Association. The demand must be made with In a reasonable time after the dispute has arisen, but not prior to or during the pendency of the medttation as agreed to paragraph 8.3, In no event may the demand for arbitration be made after the date on which institution of legal or equitable proceedings based or, such disputes In question would be barred by the applicable statute of hmitiftna.. 6.6 Partles to the Arbllrabba Contractor and Subcontractor agree, to the extent permitted by Ira terms of the Contract between Owner and Contractor, to have any Dispute that stales or pertains to Owner decided in the same adion or proceeding. In the event the Contract between Owner and Contractor does not permit Subcontractor to be a party to the Actors. Subcoritracior agrees to stay any Actlon or proceeding as against Contractor to alvw Conrador to adjudicate any Suboontrartor claims titat relate of pertain to the Owner. Subcontractor agrees to cooperate fully with Con tractor In connection with any claims that relate or pertain to Owner. 9.7 Final Award. The award rendered by the arbitrator(s) will be final, judgment may be entered upon it in arry court having jurisdiction, and the sward witl not be subject to modification or appeal. There shall be rio interlocutory appeal of an order compelling arbitration. 6.8 ConarivaNan of theealr. Unless otherwise agreed in writing or upon default of Subcontractor as provided by this Agreement, the Subcontracor shalt continue to carry out its responsdladities under this Agreement during any Dispute, and the Contractor shall continue to make paymerite in accordance with this Agreement. 7. WORKPLACE ACCIDENT AND INJURY REDUCTION PROGRAM 7.1 Subcont►acfars compliance wifh Ihbrfr Place Accident B Injury Reducfn Program. Subcontractor agrees that M-1 We Accident and Injury Reduction Program hereby is considered a part of this agreement and all parties must abide by it. •F,2-Subsea••akell�n#er-trrto-s+Fagreameast jeGtai; iri-+.vt,ict-,> �„,-�,,R:t�.U.. =c.e- -:ri8-be _exe=tsd- 7.3 Noncompliarxe rights and powers. If the Subcontractor or any employee of the Subcontractor violates the agreed upon terns in the Workpld Injury Program agreement, the Contractor maintains the right to: A. Terminate the contact with the Subcontractor, B. Remove the Subcontractor from the work site; C. Require the Subcontractor to permanently remove the employee who tnoia[es the Workplace Accident and Injury Reduction Program agreement from the project forwhich the Contractor is procuring work 7 4 Job site equipment The Subcontractor shall provide safe and appropriate equipment subject to the right of the Contractor to: A. Inspect regularly; B. Require the Subcontractor to repair, replace, or remove equipment which the Contractor determines unsafe or not appropriate. 8. INSURANCE AND INDEMNITY 8.1 Subcontractor`s Liabifrfy Insurance. The Subomtractor shall purchase and maintain Insurance to protect the Subcontractor from the claims set forth below that may arise out of or result from the Subcontractor's Performance of Work pursuant to this Agreement, Policy must contain a per project Aggregate Limit of Liability endorsement a 1. r. Worlrets CompenselAx. Claims under Worker's compensation, disabtity benefits and other similar employee benefits acts that are applicable to the Work pafonned: B.1.2 Employers Liability. Claims for damages because of bodily injury, occupational sidmesa or disease or death of Subcontractor's employees under any applicable employer's liability law; 8.1.3 NorrEmp*oe LlabW.. Claims for damages because of bodily injury or death of any person other than Subcontractors employees; B.1.4 Personal Injury Coverage. Claims for damages insured by usual personal injury liability coverage; 8.1.5 Property LiaW#y Claims. Claims for damages other than to the Work Itself, because of injury to or destruction of tangible property, including lose of use; or a1.6 Motor Vehicle WNW. Claims for damages because of badly injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle and shall cover owned, hired, borrowed and nonowned automobiles. a Comprehensive General and Automobile Liability Insurance. The Subcontractors Comprehensive General and Automobile Liability Insurance, as required by this Agreement, shall be written for not less then the following limits of liability. If the prime contract requires higher limits than those specified in this paragraph, then such higher broils shall be maintained by the Subeontractor- 8.2.1 Comprehensive General Liability Personal Injury. Property Damage: $1.000,000 each occurrence $1.000,000 each occurrence $2,000.000 oggregsta $2,000,000 aggregate a 2.2. Comprehensive Automobile Liabilify. Pereonal Injury: Property Damage: 51,000,000 each occurrence f1,000,GG0 each oeeurtanee $%000,000 aggregate $Z000,000 aggregate 1113 Skpp Poficy or Combination. Comprerensive General liability Insurance may be obtained under a single policy for the full limits required or by a combinaten of underlying poll iCieswith the be[ance provided by an exoess or umbrella 4abiltty policy. 61.4 Canceflarlbn of PWICes, Tha foregoing pcllcies shall contain a proviaw that coverage afforded under the policy shall not be canceled or expire until at least thirty days written notice has been given to the Contractor and shall include either a lability endorsement covering this Agreement or an endorsement making the Owner an additional insured under the policies. 8.5 Provide Cerbf'restes: Prior to commencement of the Wbrk Subcontractor shell furnish the original of Its certificate of insurance showing such coverage to be in force directly to Contractor. Subcontractor is required to list Contractor as additionally insured on General Liability Insurance. Subcontractor shall maintain during the entire period of Its performance under the Agreement the minimum insurance required and also provide insurance coverage for the Project until such time that arty applicable statutes of repose or statutes of tlmfiations have expired. 8.6 KWver of Subrogatlon. The Subcontractor waives all dghts against the Contractor, its surely, the Owner and Contractor's employees for damages during consUuctlan covered by any property insurance as set forth in the Contract Documents. Subcontractor agrees to require similar waivers from its Suboontractors, consultants, agents, and/or anyone directly or indirectly employed by them. a 7 Subcontractor will provide an endorsement and certificate of insurance indenllilMng Contractor and Owner as an Additional Insured. Further, the Additional Insured form must be as broad in scope of Coverage as the ISO CG 20 10 11 85 or ris equivalent, and ahall be Ilzted as primary coverage for M-13. This Is intended to provide Additional insured status to M A 3 Construction and Qwner art sing out of completed operations of the Subcontractor. B.8 General Insurance Requiramants, Except as pertains to any profesalonal liability Insurance coverage, Subcontractors ganeral liability insurance Coverage shall be on an occurrence form policy as opposed to a claims made fors policy. Any policy furnished by Sub=trector shall not contain any axcksslona or modifications that would delete or efrminale coverage of any of Subcontractor's subcontractors and/or suppliers. Insurers providing ❑cvwage as required herein shall be rated A -VI or better based upon A.M. Best Ratings. 8.9 Professional Liatift Insurance Coverage. It Subcontractor will be perromning any design/build related work Tar Contractor on the Project or provide design services of any nature, Subcontractor shag, in addition to the insurance coverage act forth above, obtain and maintain professional liability, errors and omissions insurance coverage providing coverage for errors and omissions of the Subcontractor, its design/build sub -subcontractor and consultants regarding work to be performed by Subcontractor an the Projed umlts shall not be lass than S1 million per occurrence and S1 million annual aggregate. It such prafesslonal liability insurance cave raga is provided on a daims-made farm, than Subcontractor shall, prior to the effective date of termination of such professional liability Coverage, purchase un€imited tail coverage in the amounts slated above for all clalme anaing cut of Subeonlractor's deal 9Nbuild work and shall provide Contractor with a certificate or insurance evidencing such coverage. 9. BONDS Upon Contractors request, Subcontractor shall furnish to Contractor, at Subcontractors expense, payment and performance bonds guaranteeing the faithful performance of this Agreement and the payment of all labor and material bills In connection with the execution of the Work The bonds are to be written by a surety company designated or approved by Contractor and in a form entirety satisfactory to Contractor. 10. PERMITS, LICENSES, TAXES, FEES, ETC. j.the reasonable Subcontractor shall, at Its own cast and expense, apply for andvlbl-in all necessar/permits and licenses and shall conform strictly to the laws and ordinances enforced in the locality under which this Agreement is being performed unifies specifically ex fed by Contract Documents. Subcontractor shall hold harmless Contractor against any liability by reason of Subcontractor having failed to pay federal, te, county or mun' I taxes or fees. 11. TERMINATION 11.1 Termination forDefauR Th bcontactor may be -nated by the Contractor on the following grounds: (a) In the same manner and upon the ce and terms ae Contractors performsnce may be terminated by the Owns (b) If Subcontractor Is adjudged a be A or If It makes a neral assignment for the ben8fit of Its creditors, or if a receiver Is appointed on account of its Insolvency; (c) If Subcontractor persistently rapeatedty refuses or fai supply anough property skill ad Vk*srs or prwer melarials; and opportunity to (d) If Subcontractor falls to prompt payment to its p[oyees, suboarrtractors, or suppliers; PP Y (e) If Subco tractor dis instructions of the Conti- or laws and ordinances of any public authority having jurisdiction; or cure, (f; If Subt:orttrsctor ' observe or perform the on of this Agreement The Contractor may, t prejudice to any right or and after giving the Subcontractor and its surety, if any, 48 hours written notil� terminate Subamtractora right to proceed with the In the event of such not/ , the Contractor may take over and prosecute the Work to completion, by Agreement or otherwise, and the Subcontractor *hail be ' le to the Contractor for any-ey=ns-coat kncumed by the Camtratctor, and, in such case, the Contractor may take possession of and Ulf te In completing thhe ch aterfals, a uiprment coals ass+/ rms irrery that are on site for the Work and necessary for the Work ff Contra so term, tea this Agreement. Subcontractor shall not be entitled to any further payment under [his Agreement until Subcorrtractar's Work has been completed an accep[ed I or and payment has been received try Contractor from Owner with respect thereto. In the event that the unpaid balance due exceeds Contractors cast of bonpietion, be paid to SubcontraoW, l7tr€�F�uGh expense ex �� uB—Su ptiy pay I �itfsr�ne�to-sarusctc>s paid for I1,2 Term/natfan for Qmven,i_ ,�...,.,,,. I all have the right to terminate thiaAgreement, by written notice, without 5ubcontram being in data ull, for any cause or for its own or Ci mees comrartrence, and reclulm Subcontractor to immediately stop VWrk- in such art event. Contractor snail pay Subcontractor for that Work actusily performed In an amount proportionate to the sum payable under this Agreement after payment is received by Contractor Ram Owner. Contractor shall not be liable to Subcontractor for any other costs not for prospective profits or overhead on Work not performed. 12. COMPLIANCE WITH LAW AND SAFETY Subconvactor agrees to comply in all respects with federal, state and local law applicable to the prosecution of Work under this Agreement, including such specific Iowa to which Contractor is bound by the Contract Documents. Such compliance shall Include, but not be limited to, payment by Subcontractor of wages to employees of Subcontractors in compliance with appiice b[e law and ttse maintenance of a dmg-free work place as such laws and others msy apply. Subcontrac[ors failure to comply with federal, state and local law apptiratile to the persecution of Work under this Agreement shalt ba grounds for termirtation for default of this Agreement. Subcontractor agrees that it has familiarized itself with Contractors Policies on Safety, Drug and Alcahbt Abuse, and hazardous Comrrrunicalion3 and agrees to abide by their terms and candGons. Subcontractor further agrees that it, along with all its emptoyees, oubcontractors, and suppliers, will ramply with all safety requirements and OSHA standards. Specificaly, this means that hard hats will be wdm, full body harnesses will be wom and tied off for any work over 4' ofr the ground, that scaffolding will have guard rails, and that all other applicable safety standards will be met General contractor with give Subcontractor one wrttert yarning and then will assess a penalty of $25 per person for each day of violatlon. Further, any fees or penalties assessed by OSHA or arty critter supervisory agency as a result of Subcontractors Wure to meet safety mquiremenis wifl be passed on to Subcontractor. Finally, Subcontractor agrees to hold Owner and Contractor harmless for attorney's fees, medical costs, etc. associated with Injuries causes as a direct result ofSubcontraataeefailure tomea because Subcontractor fails to do so I& CLEAN UPANDPROJECT CLOS within 24 hours after written notice I�T 13.1 Clean Up. Subcontractor shag at an umes curing the r vnevwri�ano as treaded by Contractor, remove from thejobsits and the vicinity thereof all debris and rubbish caused by Subcontractors operetiona. Clean-up completed by Ccntracg z will be billed to Subcontractor at a rate of $5D/hour 13.21nspec6on_ Contractor and Subcontractor will jointly conduct a pre -final inspection prior to Subcontractor requesting a final inspection. Any discrepancies noted will be corrected prior to any final inspection. Contractor may schedule more than one pre -final inspection if it determines it necessary. When Subcontractor is ready for final inspection, it shall make a request of final inspection to Contractor. The final inspection shall be requested in advance as agreed upon during project negotiations, then the request shall be submitted a minimum of one workday prior to the desired final inspection date. Any discrepancies noted shall be corrected within the time specified by Contractor and prior to final payment 13.3 Punch List Upon receiving substantial completion and a punch list Subcontractor will be given reasonable time to complete all punch list items. H Subcontractor disagrees with any punch fist ttems or time frame given, Contractor must receive written .. ,r . /. nve and packup regarding any disagreements. If the punch list is not completed within allotted time, Contractor reserves the right to cvmple-Le the punct, list at the Subcontractor's expense. 14. INDEMNITY 14.1 Subcontractors Performance. Subcontractor specifically obligates Itself to Contractor and Owner In the fallowing respects: (a) Tb defend and indemnify Owner, Contractor and then members, agents, officers, directors and employees against and save them harmless Rom any and all claims, suits, losses, liability, expense, including atlomey's fees or damage for arty alleged or actual infringement of violation of any patent or patent right *rising in connection with this Agreement and anything done thereunder, 1by Subcontractor IT Jnder no circumstances is Subcontractor liable or financially responsible for hazardous materials existing on the Project site or j Brought to the site by others. Solely to the extent Subcontractor has introduced a hazardous substance to the Project site, 1 (b) To protect, hold free and harmless, defend and indemnify owner and Contractor, Ind uding Lhair members, officers. agents, direrfrnrs, and employees from all rrabilily, penalties, cost; losses, damages, expenses, causes of action, doIms or Judgments, Induciing attorneys fees, resulting from Injury to or death 9ustalned by arry person (induding SubcontraeWs employees) or damage to property or any ktnd, which Injury, death, or damage arises out of tha negligence, Intentional or willful mtownduct, breach of any stabrta or regulation or breach of arty provislon of the Subcontract by Subvontractor or Its Bud=tractors, suppliers, employees or any other Individuals or entMes for whom Subcontractor Is responsible; (c) To the fullest extent oermhted by law, Subcontractor shall defend and indemnify Contractor against, and save it harmless from any and all lone. damage, Coats, expenses and attonsay'B fees auttered or Incurred because of any breach of the aforesaid obggsticns and covenants ar any other provision or covenant of this S u1scontract by Subcontractor or Re oubocntrutlors. suppliers, smployees or arty other Individuals or entities for whom Sul omnlradar is resparisibfe. At any Unts before final settlement or ad] udEcatian of any loss, damage, liability, dain'm, demand, suit or cause of action for which Subcontractor in the Agreement agrees to defend and indemnify and save harmless Contractor, Gonuacior may wghhold frgm any payments due or to became due under this Suboo, bact the reasonable value thereof, as datumined so" by Contador. �bllt;arrt�rs-xf-tY... ldl'. 1. I:h�c7d-Ire:,: ,. �_,..,..t�-�`-&u;xn;mar-h:ss:rdrdFres}�mor.�r;��uctiu;..,,......rw:...,.,, Gc•^••�^r-::h�or-o•.--slot-ssi¢iFg '.:6:sr' art rc:1t26-td•thln^-^.,�I�aTress� [�`rF (d) To tha fullest extent permitted by 6. Subcontf Mr shall comply rugy With all laws, citations, codes, but[d]ng codes, rules, regulations, standarda and statues with respect to occupational health and safety, accident prevention, safety equipment and practices. Including the accident arevenlfon and safety program of owner and Contractor. Subcontractor shall conduct Inspections to determine that safe working conditonns and equipment exist and accepts responsibility for providing a sate place to work for its employeas and/or amp loyeas of Its subconlrradors and suppliers of material and equipment, for adaquscy of and required use of all eafely equipment and for full compliance with the aforesaid laws, orders. citations, rules, regulations, standards and statutes. Subcontractor shag submit to Contractor a ropy of its Safety Program along with this Agreement; (e) Subcontractor shall indemnify, defend and save harmless Owner and Contractor and their members, officers, agent,, and employees from any calm, citation, suii, penalty, damage, rLabgity, loss, cost of expense, including attomeys fees, arising from the failure to comply with any law, order, citation, ruin regulation, standard or statute in any way relating to the occupational health or safety of employees, induding but not limited to the use of equipment, hoiats, elevators, or scallotds of Contractor or others by S ubcontracte r or Its subcontractors, suppliers, employees a other indIVIduais or entities for whom Subcontractor is fespensibIs: M Subcontractor shall defend, indemnify and hold harmless Contractor for any breach or default by Subcontracwr of any obligation to be performed by Subcontractor pursuant to the terns of this Agreement. IndudIng, bul not limited to, any and all calms or allegations of defective and/or dehdent work or materials fumtshed by Subcontractor or anyone for whom Subcontractor Is responslbte; (g) n case a suit or any otter legal proceeding Is trought on any claim, bond dalm, atop payment notice or mechaNds lien for labor performed or materials used orfumisha I i nnecdon with Subconbadeb WbrK Subcontractor shall pay and satisfy any such stop payment notioa, Hen, daim or judgment, as maybe established by the edslon of the sold action. Subcontractor agrees within 10 days after wridtan demand to cause the effect of surf+ euEI, claim, action, atop payment notice, or IIsn to be oved from the Proje t prid In the event Subcontractor faits to do Bo, Contractor Is aufhorized to use whatever means in to discretion it may deem appropriate to cause said Ile h,,stop payment notice, ak rLr dismissed or suit to be removed w missed and the cost thereof, together with actual attorney fees. shall be immediately due and payable to the Contract &`by Subcontractor. Subm don agrees to defend, indemnify and hold harmless Contractor for any such claims, bond deirrhs, liens at stop payment notices in connection th Subcontractors tlllo (h Subcontractor shall defend, In rfy and hold harmless Contractor for any violation of airy enwino nmenta3 laws by Subcanuador or any of its subcarrtractars, suppliers, laborers, or matertalmen arising out of Ch se, handling, transportation, generation, manufacture, storage, disposal or release of any hazardous substances and/or hazardous materials in oonnec fw with the Project. In additiqn, Subcontractor shall defend, indemnify and (hold harmless Conb=tar for any violations of Storm water PoUlon Prevention plans, statuhes and/or regulations by Subcon=and subcontractore, suppliers, employees or any other Individuals or entities for whom Subcontractor Is responsrWo; (7 Subcontractor shall only be obligated h dea by Contractor. Owner and their agents, employees, officers and directors In connection with any ciaime, actions, damages or losses to the extent arising from the lesions, negligence, breach of any obligations of the Agreement of wiffful misconduct of Subcontractor or any of its subcontractors. suppliers, conaultanls or others for wwm Subcontractor is responsible arising cut of the Project- Ail Indemnfflcation oh9gadcrts of Subcontractor under this Agreement shall remain hr full force, and etieci ea to dolma wing after this Agreement is terminated orcomplated, and shall nat be 1Imttad by the Insurance requirements contained herein. Moreover, the defense and indemnification obli Jcos set" in this Section shalt not be Ilmited in any way try arty limitation on the amount or type or damages, compensation or benefits payable by or for Subcontradrn under VQbAer s' Compensation Acts, Disability Benefits Acts or other Employee Benefit AGE, Nothing contained In this Sacdon 14 will be construed to Impose any obligation in con It idwilh content Texas state law. In the event of a conflict with Civil Code §2782. at seq., as may be amended, tha Agreement Snail be Interpreted and enforced to allow I ndemrd ficadon and 6elense by Sub nntratxra to the greatest extent permitted by law. 14.2 Risk of Loss. All work covered by this Agreement done at the site or in preparing or delivering malenr-ls gl eauipMent or any of them, to the arte she betal the risk of Subcontractor exclusively until the completed work Is accepted by Contractor. Solely to the extent Subcontractor has been fully 15. MISCELLANEOUS PROVISIONS paid for the Work to which such a claim relates. ib.1 No",fs eiminadon. In cannectlon with the performance of this Agreerent, Subcontractor shall not discriminate aganst any emooyae or appikaw for emproymelm because of race, color, rehg[on. sex, national origin, age, matey al status, being handicapped or a disadvantaged person. 15.2 Good Faith. Subcontractor shall exerase all reasonable taro and dillgence to prevent any actions or condldors which could result in a conflict wkh Contractors best interests. This obligatton shall apply to the activities of the employees and agents of Subcontractor in their relations with the employees and agents of Contractor and Owner. Subcontractor, its employees or agents shag not comm un[cute Oth representat)ves of Owner without the express written permission of Contractor, 15.3 JvnsdkOanitrenue: This Agreement shall be construed and Interpreted under, and governed and enforced acwrdrng to the laws or tyre State of Texas. 15.4 Severaoiuly, It any portan of this Agreement Is held as a matter of law to be unenforceable, the remainder of this Agreement shall be enforceable wi'mout such provlslons. 15.5 Limltothn end Assignment The Contractor and Subcontractor each binds itself, Its successors, assigns and legal representatives to the terms of this Agreement Neither the Contractor nor the Subcontractor shag arraign or transfer its Interest in this Agreement w ittiout the written consent of the other. 15.6 Independent Contractor. Subcontractor Is an independent contractor and shag, at its sole cost and expense, and without Increase In the Contract Price, comply with all laws, rules, ordinances and regulations of all governing bodies having jurisdiction over the work; obtain all necessary permits and licenses therefor, pay ail manufacturers' taxes, sales taxes, use taxes, processing taxes, and all Federal and State taxes, insurance and contributions for soul security and unemployment which are measured by wages, salaries, or other remunerations pald to Subcontractors employees, whether levied under exiatlng or subsequently enacted laws, rules or regulations. Subcontractor, upon request, shag furnish evidence saWdadory to Contractor that any or all of the foregoing obligations have been fhdf fled. W Alfomey Fees. In the event either party Is required to pursue legal action to enforce, Interpret or resolve any disputes arising out of this Agreement, the prevailing party shall recover all reasonable attorney fees, Including expert costs, Incurred In prosecuting and/or defending any such legal action. Each party shall be responsible for payment of its share of any medlation costs or arbitration fees or arbitrator fees Incurred In connection with any dispute. 15.8 Storm Wofor Fa9vtfan Prov,Wtbon Regumvirronfs Subcontractor shell comply with all applicable storm water pollution prevention plans, requirements, laws, rules or regulations in connection wIM the Project Subcontractor will be responsible for arty damages, fines, penalties or other losses or daime arising out of Subcontractor's violation of such alarm water oogubon prevention requirements In adotlimn to Subcontractor's obilgations to defend and indemnity Carrtraclor as requrred in Section 14 above. 15.9 incorporation of Previous Agreements. This Agreement, Including inearporsted portions, +ons6lulas the entire Agreement between the parties, No oral representations or other Agreements have been made by Contractor except as staled in this Agreement. This Agreamant may not be dhangod In any way except as provided herein, and no term or provision hereof may be waived by Contractor except In writing signed by its duty authorized officer or agent 15.10 Bankruptcy! 1a10.1 Termination Absent Cure. Upon the appointment of a receiver for Subcontractor or upon Subcontractor making an assignment for the benefit of creditors or If Subcontractor seeks protection Lander the Bankruptcy Code or commits any other ad of Insolvency, Contractor may terminate this Agreement upon giving forty-eight (48) hours written notice, by certified map or telegram, to Subcont mdor and Its surety, If any. If an order for relief Is entered Linder the Bankruptcy Code with respect to Subcontractor, Contractor may terminate this Agreement by giving forty-eight (48) hours written notice, by certified map or telegrar , to Subcontractor. Its trustee, and Its surety, if arty, unless Subcontractor, the surety, or the trustee: (a) promptly cures all defaults; (b) provides adequate assurance of future performance; (c) compensates Contactor for actual pewnlary lose resulting from such defaults; and, (d) ammes the obggstions of Subcontractor within the stahrtory, time limits. 15.10.2 Interim Remedies. If Subcontractor In not performing in accordance with the schedule of work at the time of entering an order for relief, or at any subsequent time, Contractor, while awaiting the decision of Subcontractor or Its trustee to reject or to accept this Agreement and provide adequate assurance of Its ability to perform hereunder, may evell Itself of such remedies under this Section as are reasonably necessary to maintain the schedule of work Contractor may offset against arty INkT sums due of to became due to Subcontractor all costs Incurred in pursuing any of the remedies provided hereunder, including, but not amitad to, reasonable overhead, prorit and actual attomeys' fees inmrred as a result of Subcorrtractor's non-perfomranoe. Subcontractor shall be liable ter the payment of airy amount by which such expense may exceed the unpaid balance al the Canbact Prise. 15,11 Narloes. Ali notices required lay thlls Agreement or outer communicatlona to either party by the other shall be deemed"when made In writing and malled or emalled to either party at known contact numbers or addresses. 16. SPECIAL PROVISIONS CONTRACTOR AND SUBCONTRACTOR HAVE CAREFULLY AND COMPLETELY READ THIS ENTIRE AGREEMENT UNDERSTAND THEIR RIGHTS AND OBLIGATIONS, AND CERTIFY THAT THEY SIGN HAVING FULL AND COMPLETE AUTHORITY. M-13 CONSTRUCTION, INC. 775 W 1200 NO, STE 100, SPRINGVILLE, UT 84889 4329 Reeder Dr (801) 480.9215 Carrollton, Texas, 76010 UT. 498595"501, CA 1000404, AZ: R00248208, ID: RCE-22534 (072) 878-2918 // BY: Titla: Date: Dalac Title: Workplace Accident and Injury Reduction Program 1,14 1 'ice S hereby attest that I have read and understand fully the Workplace Accident and Injury Reduclion Program as descri in sec lion 7, and I agree to abide by the terms there in. Further, I am aware that prior to beginning work I must inform my employees and adhere to all parts of M- 13's Workplace Accident and Injury Reduction Program. NAME: A fzA--,NL 44F—S (Please rinf) [.( Signature: i'ti V, \ f Date: 11 Insurance Acknowledgment I - c4- , hereby attest that I have read and understand fully the Insurance section of the subcontractor agreement, and agree to abide by the terms there in_ Further. I understand and argrer, that to perform work with M • t 3, 1 must list M-13 Construction as additionally insured. NAME: "4V ] (Pfoase Pnn1 Signature: �xJ"LC'-`' Date: �. 2• 2� patent and known EXHIBIT A SCOPE OF WORK A. The Subcontractor agree that the contract amount incorporated into the Subcontract form is fair consideration and includes ny contingencies for completion of the work shown on the drawings and defined in the specifications prepared by the Architect and consultants or approved design engineers. B. The Subcontractor had the opportunity and has used the opportunity to become instrumental in finalization of scope definition. C. The Subcontractor agrees that the contract documents, although conceptual in some instances, provide sufficient information in defining the integrity and performance intended for the scope of work included in this agreement. D. Considering the aforementioned, the Subcontractor agrees to provide all necessary labor, materials, transportation, taxes, permits, fees and logistics required to complete the work listed, but is not limited by the following: E. It is the intent of this subcontract to completely supply and completely install all Concrete as intended by the project drawings (permit package as well as bid documents) and as per manufacturer's specifications, industry standards, city, and all other governing jurisdictions for a completely functioning system. Whether or not shown by the plans or mentioned in the specifications, or anywhere else in the contract documents, the scope of work includes the following: INCLUSIONS: 1. Provide all submittals, product data, tests, reports, calculations, certifications, samples, closeout documents, warranties, engineering etc., as required by the contract documents for by Subcontractor this scope of work. 2. Provide all necessary hoisting, forklifts, scaffolding, manpower, equipment, tools etc, to get material to its final location and to complete this scope of work in its entirety. y. Provide all misc materials, connections, fasteners, etc, to complete this scope of work in its r 4. It 's this subcontractors responsibility to coordinate all work with the general contractor available on Procore, ttirdogh the entirety of the project. This includes giving adequate time for coordination. If a a lure to coordinate this scope of work results in added cost to this subcontractor, or another oa this subcontractor will be responsible for the additional cost. 5. This su o�tractor is responsible for having the most current set of construction documents, which are avalta on Procore. If this subcontractor fails to have the most current set of construction docume this subcontractor will be responsible for any additional cost incurred by this subcontractor or another parry. 6. Any items noted as "provide" are to be understood as supply, fabricate, deliver, stage, install, etc. for all (9) buildings. 03-050 CONCRETE 1. Ensure a precon for all offsite/public work is held prior to staring construction 2. Provide maintenance bond for all offsite/public work 3. Coordinate all work with the civil contractor to ensure no impacts to civil scope of work 4. Ensure all general notes are maintained/followed (7) 5. Ensure all sidewalk and curb ramps notes are maintained/followed (7) 6. Provide all work in accordance to City of Fort Worth standards 7. Ensure all erosion control notes are maintained/followed (7) Excludes furnishing base erosion control plan -8: -Provide power—xfrm-pads-as shown and -noted (8) Are typically precast. 9. Provide footings for carports as shown and noted (8) li( 10. Provide sidewalks as shown and noted (8) 11. Provide site concrete as shown and noted (8) IN 12. Provide pickleball court pad as shown and noted (8) Excludes surface/striping.4 monolithic curb 13 Provide tot lot pad as shown and noted (8) 1 ovide pool deck concrete as shown and noted (8) Excludes pool liner and coping.Lj� 15. 16. Provi �e qumpster enclosure footings and pads as shown and noted (8) �� ll Provide Fi"ht 17. pu of way sidewalks as shown and noted (8) Provide public/rigftt-af_�ay paving as shown and noted (8)Excludes asphalt paving' 18. Provide public/right of wa"urb-and-gutter as shown and noted (8) 19. Provide public/right of way light pole bases as shown and noted (8) 20. Provide light pole bases as shown and noted (8) Excludes any public pole bases or pool deck lighting(" 21. Provide sitework steps as shown and noted (8) 22. Provide monument sign footing (8) 23. Provide concrete slab for all buildings (9) Furnishing of tree protection is 24. Ensure all trees that are to remain are protected and undamaged (10)excluded. 25. Verify trees, vegitation, plants etc. to remain are clearly marked prior to commencement of work (10) 26. Coordinate all concrete work with water line trenching and install (11) Water line mains and laterals to be 27. Verify all water line locations prior to excavation (11) beneath grade beams. 28. Coordinate all concrete work with sanitary sewer line trenching and install (12) Sanitary line mains and 29. Verify all sanitary sewer line locations prior to excavation (12) laterals to be beneath J� 30. Ensure all grading and trenching do not interfere with sewer lines (13) grade beams. '� l 31. Provide concrete paving as shown and noted (14, 15, 34) 32. Provide additional concrete and dowels for trenching locations as shown and noted (14) 33. Provide concrete around all meter vaults, valve boxes, hydrants, etc as shown and noted (14)only If shown in drawings.( 34, Provide concrete around all manholes, sewer services, inlets etc as shown and noted (15) 35. Coordinate all concrete paving, sidewalks, curb and gutter etc with underground storm tech installer (16, 23, 24) 36. Coordinate all concrete work with storm drain line trenching and install (16) 37. Verify all storm drain line locations prior to excavation (16) 38. Verify all grades prior to placement of any concrete (17) 39. Ensure all grades are per plans/spec and code (17) 40. Provide all public/right of way paving as shown and noted (18) 41. Provide connection to existing concrete paving per city standards/requirements (18) 42. Provide concrete paving per city street cross section detail (14, 15, 18, 34) 43. Ensure all profiles are maintained/followed (19, 26, 27, 28, 29, 30) 44. Provide concrete paving per the roadway collector with proper slopes and dimensions (20) 45. Ensure all drainage is maintained/followed (22) 46. Ensure all erosion control and BMP's are not damaged or removed (25) 47. Provide cleanup for any track out onto public property (25) 48; Provide tr-affc-control-for-ali-paving work- in public/right-of way (31 y 49. Provide luminaire foundations as shown and noted (32) 50. Provide concrete pavement around manholes, lid assemblies, and water stops as shown and noted (33) 51. Provide reinforcing/trim bars around the manholes, lid assemblies etc as shown and noted (33) 52. Provide concrete around storm drain inlets as shown and noted (34) 53. Provide concrete around junction boxes as shown and noted (35) 54. Provide public/right of way paving as shown and noted (37) 55. Provide public/right of way reinforcing as shown and noted (37) 56. Provide public/right of way construction jointing as shown and noted (37) 57. Provide public/right of way construction jointing from new to existing paving as shown and noted (37) 58. Provide 1" of additional concrete paving in lieu of lime stabilizition for public/right of way (37) 59. Provide 1" of additional concrete paving in lieu of lime stabilizition for all onsite paving (37) 60. Provide public/right of way construction, expansion, contraction and dummy joints as shown and noted (38) 61. Provide all reinforcing for construction, expansion, contraction and dummy joints as shown and noted (38) I I 62. Provide public/right of way redwood and sawed joints as shown and noted (39) 63. Provide public/right of way longitudinal paving as shown and noted (39) 64. Provide public/right of way monolithic curbing as shown and noted (39) 65. Provide public/right of way sidewalks as shown and noted (40) 66. Provide public/right of way street luminaire foundations as shown and noted (42) 67. Ensure all trees to remain are protected and undamaged (UF-1 - OF-4) 68. Ensure all irrigation sleeves and necessary lines are installed prior to concrete placement (IR-1 - IR-6) 69. Coordinate all site concrete, sidewalks, paving etc with landscaper to ensure no impacts to planting (L-2 - L-5) 70. Provide pickleball court as shown and noted (L-8) 71. Provide tot lot slab as shown and noted (L-11) 72. Provide play ground edge as shown and noted (L-11) 3.-fev;de-gm-nite--stril)as S own and eted-(L-11) 74. Provide tot lot construction joints as shown and noted (L-11) 75. Provide tot lot reinforcing as shown and noted (L-11) 76. Ensure all specifications are maintained/followed (A-002 - A-003) 77. Ensure all concrete work allows for proper access and egress (A-004 - A-005) 78. Provide concrete slabs for all (9) buildings (A-101) 79. Provide all site concrete as shown (A-101) 80. Provide all paving as shown (A-101) 81. Verify all dimension as shown and noted for buildings slabs prior to commencement of work (A-201 - A-203) 82. Provide foundation and slabs as shown and noted (A-501 - A-503, A-701) 83. Provide anchor bolts/hold downs for all framing (A-701, A-703, A-1001) 84. Ensure all specifications are maintained/followed (SP-1101 - SPA108) 85. Coordinate all floor slab/foundation penetrations, blockouts, sleeves etc with mechanical subcontractor (M 111) 86. Coordinate all site work concrete, sidewalks, steps, paving etc with mechanical, electrical and plumbing contractors to ensure no impacts to their scopes (MEP100) 87. Provide buildings slabs, pickleball court, tot lot, sidewalks, steps, paving etc as shown and noted (MEP100) 88. Coordinate all floor slab/foundation penetrations, blockouts, sleeves etc with electrical subcontractor (E111) 89. Coordinate all floor slab/foundation penetrations, blockouts, sleeves etc with fire protection subcontractor (FP111) 90. Coordinate all floor slab/foundation penetrations, blockouts, sleeves etc with plumbing subcontractor (P111, P211) 91. Verify floor drain elevations prior to concrete placement and maintain proper slope (P601) 92. Install all cast in place hold downs, j bolts, anchors etc as shown and noted (S0.4, S0.7, S0.5, S2.2) 93. Ensure all notes are maintained/followed or shop drawings, foundations, slab on grade, cast in place concrete, concrete reinforcing etc (S0.6) 94, Provide trim -bar- reinforcing- as -shown and- noted (S0.7) 95. Provide slab control joints as shown and noted (S0.7) 96. Provide wall intersection reinforcing as shown and noted (S0.7) 97. Provide footings, spread footings, foundations, slabs as shown and noted (S1.1, S1.5, S1.5a) 98. Provide post tensioning and reinforcing as shown and noted (S1.1, S1.5, S1.5a) 99. Provide fiber reinforced slab as shown and noted (S1.1, S1.5, S1.5a) 100. Provide thickened slab and footings for framed walls as shown and noted (S0.5) 101. Provide reinforced exterior walkways as shown and noted (S1.1, S1.5, S1.5a) 102. Provide reinforced patio slabs as shown and noted (S1.1, S1.5, S1.5a) 103. Provide taper for slab as shown and noted (S1.1, S1.5, S1.5a) 104. Provide brick ledge/notch as shown and noted (S0.4) 105. Provide 15 mil poly vapor barrier under all slabs, walkways etc. as shown and noted (S1.5a) 106. Provide 4.5" of 0.5" clean crushed rock/granular base under slabs as shown and noted (S1.5a) [NIT 107. Provide proper door openings (see architectural), as noted (S1.5a) 108. Provide continuous brick ledge as noted (S1.5a) 109. Provide all footings, spread footings, foundations and slab reinforcing as shown and noted (52.2) 110. Provide all continuous slab edge bars as shown and noted (S2.2) 111. Provide thickened edge as shown and noted (S2.2) 112. Provide continuous bar at thickened edges as shown and noted (S2.2) 113. Coordinate all concrete work with rough carpentry/structural framing to ensure all structural requirements are maintained/followed (S3.2, S4.2) F. This list should not be construed as all inclusive of items obvious to this agreement. The Subcontractor understands that the Construction Manager has guaranteed the Owner, with endorsement from the Subcontractor, that the change order request will not be initiated for work, other than the scope of work changes. The Subcontractor has agreed that his bid is all inclusive to provide for a complete and operational system. Therefore, it is with this understanding that an Owner change order is a requisite instrument prior to execution of any change order payment to the Subcontractor. G. It is understood that the contract completely and specifically covers but is not limited to: All applicable Sales tax, Freight, and material handling/unloading/storage.--- f" H. It is understood that email is the official form of communication for this project. All official job communications will be sent to emon flrne-ryt-ip-paying_eom. Failure to respond to official c mmunications to this email on this project within a 48 hour period will put you in breach of contract. I. Should -subcontractor -•commence work-they-are-accepting-existing-conditions-t-previous-work, If there is a probiem and subcontractor is not able to start work, subcontractor to notify contractor of issues in writing within 24 hours. J- The Subcontractor shall be notified by M-13 Construction Inc of any changes in the scope of work within 5 working days of such notice. The subcontractor shall also notify M-13 Construction Inc of any necessary changes in the scope of work due to unforeseen conditions, errors, or omissions within 5 days of discovery and provide a fair estimate of the corrections needed. If M-13 Construction Inc does not receive written notification within 5 days of this discovery or notification by M-13 Construction, M-13 Construction Inc. will assume no additional monies are due the Subcontractor. K. Additional work which is performed by subcontractors will be charged at the subcontractor's estimated price for the work plus Ten (10%) thereof as full compensation for the Subcontractor's supervision, general conditions, project management, mobilization, demobilization, tool and truck expense, and other and general job expense, overhead, and profit. labor shall be calculated by taking the actual paid out payroll rate to an individual multiplied by 1.30 to cover all payroll burdens such as premiums for workmen's compensation, liability and health insurance, payroll taxes and social security contributions, union charges, vacation and holidays, truck and small tool expenses, and other employee benefits and burdens imposed on a basis of payrolls. List of laborers and copies of pay stubs shall be provided when requested to validate the rates. Work that is scheduled as a Bid Alternate or Unit Price will be based on the lump -sum or actual in -place measurement of quantity multiplied by the applicable price as shown in the Construction Contract. There will be no additional mark-up or charge for Contractor's supervision, overhead, and profit. All change orders to be approved prior to execution of work or subcontractor forgoes any right to compensation. reasonable I L. The Subcontractor shall coordinate his activities with M-13 Construction Inc as other Subcontractors activities on the project site. Subcontractor shall provide every possible precaution, while performing his work, to insure the protection of work already in place. Coordination and scheduling of all activities is critical to the success of the total project. Therefore, M-13 Construction Inc reserves the right to review and coordinate the Subcontractors activities. Daily coordination with the Project Superintendent is mandatory for this reason. M The subcontractor understands that coordination with other Subcontractors is essential and will be responsible for the coordination and sequencing of their work with Superintendent and other trades. This I�JT Y ��trbcontractor shalI puJui i i, a, ty aJJitiurral rru, h vvithout-ad6K;.. ial wi i iNci iaaliui i as i i lay bu i cyuii ud lu accflmmodate other-trades-WGFk-/-materials-that r-nust.-be-ir+stalled at-spesifEr-lnsations-l-t mes. N. The Subcontractor has had the opportunity and has taken advantage of the opportunity to visit the project site and determine any -and -all- pre-existing canditipn that may or may not change his scope of work. The Subcontractor accepts the onditions as they exis nd has included in his price any sts ass..c:iated with these conditions. - - reasonable.j. visible as enumerated in the Contract Documents �{{ O. This agreement supersedes and voids any previous negotiations. This agreement is subject to the approval of Subcontractor by Architect and/or Owner. P. M-13 Construction Inc is a firm actively involved in planning, scheduling and general supervision only. The Subcontractor will assume that no assistance, other than managerial functions, will be extended to the Subcontractor. Q. M-13 Construction Inc Personnel will communicate with the architect and Engineers and act as liaison for any discrepancies of drawings or request and/or interpretations of drawings for the Subcontractor. R. Subcontractor shall perform work by using the best practices of his trade. S. Subcontractor is responsible-for-all-caulki►tg-including-fire-caulking-that-may-ber-required-l-needed-to-provide a-somptete-pmdwt- itnish-(ie: wher- -products-aF-materials-of -this-agreement-abut dissimilar -surfaces). -System-and-materia"G-be-approved-by-,,ubrnittal prier-to-installatiota-t-use. T Subcontractor responsible for all clean up and haul off associated with their scope / work. Clean up and removal of all debris related to this scope of work to be performed by Subcontractor on a daily basis to maintain a safe and organized job site. Work areas to be maintained in an orderly condition at all times and swept "broom clean" at the end of each workday. Tools, equipment, and materials are to be stored in an orderly and protected manner. Storage locations(s) will be coordinated with M-13's project Superintendent. Should Subcontractor fail to comply with the clause, M-1 Ts Project Superintendent or Project Manager will issue a 24 hour notice to comply via email to the subcontractor's office and hand deliver a copy to the Subcontractor's lead individual on site. If subcontractor does not comply within 24 hours, M-13 will immediately take action to correct deficiencies at Subcontractor's expense. U. Subcontractor is responsible for all track out caused by their scope of work, including but not limited to track out from their vehicles, their employee's vehicles, and the vehicles of their vendors delivering or picking up materials. — request from the General Contractor V. It is understood that the Subcontractor shall cause4o-have all necessary inspection made by the governing building official as required for the work of this section and shall submit all inspection reports to the General Contractor. All extra costs or work required due to failure to have the work properly inspected shall be paid for by the Subcontractor. W, No-additiona�-eompensation-will--be-given-for adverse weather- eonditions.-Subeantfaeter-will-proceed-with he-work-as-r-equiried-by-the-project•schedule-in-orrier•to-expedite-this-project:-No delays-are-allowed-exceptl for--weather-conditions-as-authorized-by-the-Contractor. If the Subcontractor causes delays to the project due to failure to perform in a timely manner, the Subcontractor will be held responsible for any penalties or costs incurred by the General Contractor as a result of Subcontractor's delay. The Subcontractor shall be excused for delays in delivery due to acts beyond his control and not due its fault of negligence. X. Subcontractor is solely responsible for all safety pertaining to their work as required by any and all Local, State, Federal, or professional association standards and indemnifies and holds M-13 Construction harmless in the event that subcontractor fails to meet such standards. Subcontractor is required to provide M-13 Construction Inc with a copy of their company IIPP and MSDS binders immediately upon notice of intent. If Subcontractor fails to provide the documentation in a timely manner the result may be either expulsion from the project, cancellation of contract and/or withheld payments from Subcontractor. Y Subcontractor's personnel shall be required to wear hard hats and other required PPE at all times while working on the Project. NN except in the event the loss, theft, or damage Is caused by the intentional orgrossel negligent act or omission of M-13 Construction or those for whom it is legally responsible. Z. Subcontractor will a responsible for receiving, unloading and the staging of their materials for the project. AA. Subcontractor will b responsible to provide insurance and security for materials, tools, and equipment left at or used on the jo - site. Subcontractor hereby acknowledges that M-13 Construction Inc is not liable for any items that are I st, stolen, or damaged and hereby releases M-13 Construction Inc for any and all liability from the same BB. Subcontractor shall work on site a minimum of an eight -hour workday between the hours of 7:00 am and 5:00 pm. Provision of adequate manpower, equipment, and materials to comply with the project schedule is required by the subcontractor. Overtime, if required to maintain compliance with the project schedule will not entitle the Subcontractor to additional compensation. caused by 5ubcanSracEp>rs acts I CC. Radios, stereos, boom boxes, etc. are not allowed on the job site. or omissions DD. Subcontractor shall provide hard copies of the most current' drawings and specifications to his site personnel and cause that they shall be working from the late.sf documents. If subcontractor fails to provide his personnel with hard copies of the most current drawings and errors are made in installation, subcontractor will be required to repair/replace incorrectjy installed items at no cost to GC. EE. Subcontractor to get VE approved by contractor, o%y6er, and engineer FF. Subcontractor shall be responsible for damage'to other trades installed work during construction. GG. Subcontractor to ensure all ADA requirements are met where applicable including slopes, accessibility, member spacing, etc. HH. Subcontractor responsible for installing their scope of work per the entire set of plans. In the event of a discrepancy between plan sheets and/or specifications subcontractor shall submit an appropriate RFI to M- 13 Construction Inc for clarification. If subcontractor installs work incorrectly due to plan and/or specification conflicts without receiving written clarification it will be subcontractor's responsibility to make any corrections at their own expense. Any concrete embedment (including templates) provided by subcontractor and to be installed by others must be furnished in sufficient time to not cause delay to the concrete schedule. JJ. Subcontractor is required to provide strict compliance with all SWPPP, EPA, OSHA, and other regulated agency requirements at all times. Any fines levied against M-13 Construction Inc as a result of subcontractor's non-compliance will be paid by subcontractor. KK. As a further condition of performance of this Subcontract, Subcontractor agrees that is shall only dispatch supervisors to the job site who can speak English and who are able to effectively communicate in English with M-13 Construction's employees, supervisors, and foremen so as to insure that all employees of Subcontractor perform their job responsibilities in accordance with the directives of M-13 Construction. LL. Subcontractor shall notify M-13's Project Manager of any back charges against Contractor or other Subcontractors on the project that Subcontractor contends are due as a result of Contractor's or other Subcontractor's conduct WITHIN TEN (10) WORKING DAYS of first discovery of determination of damage or harm. M-13's Project Manager and Superintendent will assess the validity of the alleged back charges WITHIN TEN (10) WORKING DAYS of notice and negotiate a settlement between the claiming and the accused subcontractors. Back charges asserted more than ten (10) days after discovery of damage or harm will be deemed waived and/or released by the subcontractor. N 4T Ili1 f77 !emu •-x-- Supplier Affidavit TO: CIP Paving 4329 Reeder Dr Carrollton, Texas 75010 PHONE: (972) 836-2918 FAX: DATE: JOB: M-13 Construction, Inc. 775 West 1200 North Ste. 100 Springville, UT 84663 Phone (801) 489-3215 Fax (801) 489-8493 Licensed in LIT: 4985958-5501, CA: 1000404 AZ: ROC249208. ID: RCE-22534 23-003 Vic Center Apartments CONTRACT 23-003-3050 OWNER: Vic Partners, LLC The following is a true, accurate, and complete list of each and every subcontractor, and/or supplier from whom we will be purchasing or have purchased either labor or materials or subcontracted items for the furtherance of our contract or purchase order from M-13 Construction on the project listed in the title above. We are furnishing this list for the express purpose of M-13 being able to ascertain how we are paying our bills to our vendors on this specific project. If we purchase from any additional vendors not included on this list, we will immediately notify M-13 of those additional vendors when we place our orders. Please type or Print NAME OF VENDOR SUP/SUB ADDRESS, CITY, STATE, ZIP Phone: Phone: Phone: Phone. TOTAL ESTIMATED AMOUNT ESTIMATED AMOUNT I, , do hereby affirm that the above list is, to the best of my knowledge, a true, accurate and complete list as indicated above. By: Title: TO: CIP Paving 4329 Reeder Dr Carrollton, Texas 75010 PHONE: (972) 836-2918 FAX: of Subcontractor's Warranty M-13 Construction, Inc. 775 West 1200 North Ste- 100 Springville, UT 84663 Phone (801) 489-3215 Fax (801) 489-8493 Licensed in UT 4985958-5501. CA: 1000404 AZ: ROC249208, ID: RCE-22534 DATE: JOB: 23-003 Vic Center Apartments CONTRACT: 23-003-3050 OWNER: Vic Partners, LLC We, the above named subcontractor on the above named project hereby warrant that all labor furnished and wi7rk performed in conjunction with the above -referenced project are in accordance with the contract documents and approved changes. We warrant that our work will be free from defects to workmanship for the period of 1 year from the date of substantial cornpletion, as determined by the architect. Should any defect develop during this warranty period, we will make corrections, together with any adjacent items or areas which may require repair or replacement, upon written notice at no expense to the owner or general contractor. jreasonable If we fail to begin repairs within three (3) days after roceipt of written notice from the Owner or Contractor, or if we fail to pursue such repairs with diligence, we do hereby authorize the Owner or Contractor to proceed to.have the defects repaired and made good at our sole expense. We will honor and pay the costs and charges for said repairs, together -with interest at the maximum rate then permitted by law, upon demand. In the event we fail to fulfill the preceding obligations, causing the Owner to bring an action to enforce this guarantee, we agree to pay the Owner reasonable attorney's fees and cost incurred in connection therewith. By: Title: Date: ANNUAL SUBCONTRACTOR CONTRACT CONTRACTOR: CIP Paving, LLC 4329 Reeder Dr. Carrollton, TX. 75010 SUBCONTRACTOR: DDM Construction Corp. 4006 Beltline Rd, Suite 230 Addison, TX 75001 This Contract for Construction (the "Contract") is made by and between CIP Paving, LLC (Contractor) DDM Construction Corp. (Subcontractor) who hereby agree to the terms and conditions set forth herein. TERM: The term of this Contract shall commence on September 15, 2023 and shall automatically terminate on September 15, 2024, unless terminated earlier, pursuant to the terms and conditions of this contract. CONTRACT PRICE: As full consideration for the satisfactory performance of the work, Subcontractor shall be paid the subcontract sum agreed upon in the Work Order Agreement that will be issued with each job the Subcontractor performs ("Contract Price"). Any work performed that will be under $1,500 will not require a Work Order Agreement but if the work exceeds $1,500 a Work Order Agreement must be executed. Final payment shall be due upon full completion of Subcontractor's work, to Contractor's satisfaction and to the requirements of any governing authority having jurisdiction over the work. In all events payment shall be subject to the terms and conditions contained herein. COMMENTCEMENT AND COMPLETION: Subcontractor shall commence work on the date agreed upon in the Work Order Agreement, and shall complete all of the work described in the Work Order Agreement, in a good and skillful manner on or before the date agreed upon in the Work Order Agreement. Contractor may change the date of commencement and the date of completion by written notice to Subcontractor. In Witness, Whereof, Contractor and Subcontractor have executed this Contract on the date first above mentioned. CONTRACTOR: Name: Adrian Flores Title: Executive Vice President SUBCONTRAC R: Signaturc:� Name: La&e Markwardt Title: President CONTRACTORS INITIALS: SUBCONTRACTORS INITIALS: 7A TERMS AND CONDITIONS I. SUBCONTRACTOR WORK: Subcontractor shall perform all work as set forth in the Work Order Agreement and shall furnish all necessary labor, materials, services, tools, equipment, supervision, administration, and other things necessary to fully perform and complete the work in cooperation with the other trades and in a good workman like manner in accordance with the plans and specifications to the satisfaction and acceptance of 1's Rep. 2. CHANGES IN WORK: Contractor may authorize changes in the Work Order Agreement, or direct the deletion or omission of work previously ordered, or other revisions to the Subcontractor's work or the time of completion; provided however, there shall be no change by Subcontractor in regard to the plans or the work unless Subcontractor shall have received a Change Order from Contractor. Any change, deviation or substitution by Subcontractor without a Change Order authorizing same shall be at Subcontractor's sole risk and Subcontractor shall be responsible for all costs and expenses, arising from or connected with such unauthorized change. Contractor shall order changes in the work by giving Subcontractor a Change Order setting forth in detail the nature of the requested change. Within five (5) days of Subcontractor's receipt of the Change Order Request, it shall furnish Contractor a statement setting forth in detail, with suitable breakdown of trades, materials, and other requirements, and Subcontractor's costs for effecting such change. If Contractor, through its job superintendent or other daily authorized representative, approves in writing such estimate by Subcontractor, such Change Order Request and Subcontractor's estimate shall collectively constitute the Change Order and the Contract Price shall be adjusted accordingly. The foregoing procedure shall apply to both additive and deductive Change Orders. Agreement on any Change Order shall constitute and final settlement of all terms covered therein, subject to performance thereof and payment therefore pursuant to the terms of the Contract. 3. PERFORMANCE: Subcontractor shall turn the work over to Contractor in good condition and free and clear of all claims or liens arising from the performance of this contract and any Work Order Agreement. Subcontractor shall obtain and pay for all necessary permits and licenses pertaining to the performance of this Agreement. Subcontractor shall comply with all federal, state, municipal, and local laws, ordinances, rules, and regulations relating to the manner of doing the work or a supplying of material at the site, and shall provide safe working conditions for Subcontractor's employees, other employees, and thepublic. 4. Indemnification: To the fullest extent permitted by law Subcontractor assumes full liability to defend and to indemnify for any and all damages, death, or injury of any kind to any persons, whether employees or otherwise, and to property relating in any way to subcontractor's employees or subrogation claims, losses, suits, and damages including without limitation injury claims by subcontractor's employees or subrogation claims by subcontractor's insurers, relating to subcontractor's work. The term to the fullest extent of the law under this indemnification clause is subiect to Texas House Bill 151.102 through 151.105 which became effective January 1. 2012. 5. SUBCONTRACTOR INSURANCE: Subcontractors shall maintain through the term of this subcontract, the following insurance from a company or companies acceptable to CIP Paving, LLC: A. WORKERS' COMPENSATION a. Subcontractor and its Subcontractors shall provide, at their own expense Workers' Compensation to cover full liability under the Workers' Compensation Laws of the jurisdiction in which the Project is located at the statutory limits required by said laws. *All employment agencies providing temporary employees will list CIP Paving, LLC as an Alternate Employer via form WC 00 03 01A — Alternate Employer Endorsement B. EMPLOYER'S LIABILITY INSURANCE a. Subcontractor and its Subcontractors shall provide, at their own expense Employer's Liabiiitywith the following minimum limits of liability: $1,000,000 Each Accident $1,000,000 Disease -Policy Limit $1,000,000 Disease -Each Employee CONTRACTORS INITIALS: SUBCONTRACTORS INITIALS: _ C. COMMERCIAL GENERAL LIABILITY INSURANCE a. Subcontractor and its Subcontractors shall provide, at their own expense Commercial General Liability Insurance, on an "occurrence basis", including insurance for operations, independent contractors, products completed operations and contractual liability. The insurance required by this paragraph shall be in limits not less than the following: $2,000,000 General Aggregate $2,000,000 Products -Completed Operations Aggregate $1,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $ 50,000 Fire Damage (any one fire) $ 5,000 Medical Expense (any one person) b. The policy required by paragraph 5.C. a shall be endorsed to name CIP Paving, LLC (and other entities as required by the Contractor's contract) as Additional Insured's, utilizing forms CG 20 10 Additional Insured - Ongoing Operations and CG 20 37 Additional Insured — Completed Operations, or their equivalent and will show evidence of endorsement on the face of the certificate ofinsurance. c. The Commercial General Liability policy (General Aggregate) shall be endorsed to include CG 25 03 - Aggregate Limits of Insurance (Per Project), or its equivalent. D. AUTOMOBILE LIABILITY INSURANCE a. Subcontractor and its Subcontractors shall provide, at their own expense Automobile Liability insurance for claims of ownership, maintenance or use of a motor vehicle at, upon or away from the Project Site. The insurance shall cover all owned, non -owned and hired automobiles used in connection with the Work, with the following minimum limits ofliability: $1,000,000 Each Accident Limit (Bodily Injury and Property Damage) b. The policy required by paragraph 5.D.a shall be endorsed to name CIP Paving, LLC (and other entities as required by the Contractor's contract) as Additional Insured's utilizing formTE 99 01 B - Additional Insured, or its equivalent and will show evidence of endorsement on the face of the certificate of insurance. E. EXCESS LIABILITY INSURANCE a. Subcontractor and its Subcontractors shall provide, at their own expense Following Form Excess Liability Insurance with coverage's at least as broad as those of the primary policies set out in paragraphs 5.A - 5.1) above, with limits not less than the following: $2,000,000 Each Occurrence $2,000,000 Each Aggregate b. The Excess Liability Insurance shall attach directly over the underlying primary policies, withno break or gap in coverage between them. F. POLLUTION LIABILITY INSURANCE a. If required by written contract between the Owner and/or General Contractor and Oxlactr; Subcontractor shall provide, Contractor's Pollution Liability insurance including mold insurance to cover legal liability for bodily injury, property damage, clean-up costs and environmental damage, Subcontractor shall include CIP Paving, LLC (and other entities as required by the Contractor's contract) as an additional insured on the policy. The retroactive date of such insurance shall be prior to commencement of the Subcontractor's work. The expense of the Pollution and Liability Insurance shall be included in the Work Order Agreement and will be required for the work that is included in that Work Order Agreement. b. This coverage shall applyto all subcontractors involved in boring and any subcontractor involved with hazardous materials c. The insurance required shall be in limits not less than thefollowing: $1,000,000 Each Claim $1,000,000 General Aggregate CONTRACTORS INITIALS: Ar SUBCONTRACTORS INITIALS: G. MISCELLANEOUS a. Subcontractor and its Subcontractors shall provide to CIP Paving, LLC a certificateof insurance setting out the above coverages and limits on the certificate. Said certificate shall state that the policies required by this Section 5 have been endorsed to provide that the insurers issuing said policies shall give CIP Paving, LLC (and other entities as required by the Contractor's contract) not less than thirty (30) days prior written notice in the event of cancellation or change in coverage. b. All Insurance required by this Section 5 shall be maintained without interruption from the date of commencement of the subcontract work throughout the warranty period as scheduled in the Subcontract Agreement. The insurance requirements set out in this Section 5 are independent from all other obligations of the Subcontractor under the Annual Subcontract Agreement and apply whether or not required by any other provision of the Annual Subcontract Agreement. c. All insurance policies provided pursuant to this Section 5 shall be primary & non-contributory and not in excess of, any other insurance available to CIP Paving, LLC (or any other entity as required by the Contractor's contract.) d. All insurance policies shall provide a waiver of subrogation endorsement in favor of CIP Paving, LLC (and other entities as required by the Contractor's Contract.) PAYMENT: Unless otherwise specified in the Work Order Agreement, Subcontractor shall be entitled to periodic payments for the work performed pursuant to this Contract, Subcontractor shall provide Contractor with a pay application by the 25th of each month separately for each outstanding Work Order Agreement. Unless otherwise specified in the Work Order Agreement, ten percent (10%) retaining will be withheld from the gross amount paid per application for payment. The application shall be accompanied by lien waivers and releases covering the amount of the material and labor reflected in such application, for the particular Work Order Agreement. Contractor shall make periodic payment and final payment to the Subcontractor in the amount approved when paid by Owner or General Contractor three days (3) after payment is received from Owner or General Contractor for the particular project. The payment of any application by Contractor, including the final application shall not constitute approval of or acceptanceof that part of the work to which such payment relates, nor relieve the Subcontractor of liability for the obligations for replacing faulty or defective work appearing after finalpayment. 7. MISCELLANEOUS: a. Subcontractor shall remove from the premises all rubbish and surplus material which accumulates from the execution of Subcontractor's work and should Subcontractor fail to do so, Contractor may, at its option, remove same at Subcontractor's expense. Subcontractor shall protect its finished work against damage by other trades, and shall be liable for damage caused by Subcontractor to the works of others. Subcontractor warrants all materials and workmanship furnished or performed hereunder to be free of defects for a period of one (1) year from the date of acceptance by Contractor of the work and shall at Subcontractors own expense promptly replace, repair, or correct any such defective material or workmanship appearing within one (1) year from the date of acceptance of the work. Subcontractor shall be responsible for the location of and/or damage caused by Subcontractor to any underground objects, including, but not limited to sewer, water, gas, electric, or telephone lines, cables, pipes and tunnels. b. This instrument contains the entire agreement between Contractor and Subcontractor. c. Time is of the essence in this Contract. CONTRACTORS INITIALS: SUBCONTRACTORS INITIALS. CIP / PAV I N G Work Order Annual Subcontract Year: 2022-2023 Job Number:23-011 Project Name: Vic Centre Subcontractor: DDM Construction Corp Address:4006 Belt Line Rd Suite 230 Addison, TX 75001 Scope: Slip Form Construction at Anderson Blvd All Excavation and Grade should be completed before DDM starts General Inclusions: This is a lump sum contract based on the stipulated quantities identified. Pricing includes all Supervision (labor, carpenters, equipment operators, etc.), personal protective equipment (PPE), tools, taxes, and insurance requirements or / incidentals to complete the Work of this Subcontract in accordance with the project schedule, documents, and local regulations. Specific Inclusions: Layout — Subcontractor to perform all layout (stakes, lines, batter boards, string lines, etc.) required for this scope of work from control, benchmarks, and back of curb offsets furnished by Others. a. Subcontractor shall provide layout for all saw cutting in accordance with the Contract Documents. Subgrade Preparation SubeentFaetip ;hcll p, 2� reGeive impeFted ma orids, in&dl rr��S' onto in mUtip18 IAG Of Reeded. Paving — Subcontractor shall form, reinforce, and pour concrete paving. Subcontractor to take special precautions to ensure all embedded materials from underground systems remain visible and are finished to +/- .25" of the finished surface of concrete. Should the underground systems need to be adjusted, Subcontractor shall notify CIP 24 hours prior to the placement of concrete. a. Subcontractor shall furnish and install formwork for the slip formed portions of the project. b. All slip form scope of work shall be performed in a single pass. c. Subcontractor shall sofcut all control joints within their scope of work. 4. Pun( List — Subcontractor to perform any patching labor required by the Contract Documents to maintain the ed finish and/or quality of the work. a. Patching of any honeycombs or any surface defects shall be done withing the work day that the formwork exposes said defect. lean Up & General — Subcontractor shall maintain a clean work area and perform clean up daily. If required by the General Contractor, Subcontractor to provide labor for composite crew. a. Subcontractor shall audit and inventory all materials furnished to Subcontractor and report quantities back to CIP Paving within 24 hours of receipt. b. Construct, demolish, and load concrete washout basins as required by the project. c. Subcontractor to furnish all of their own tools and finishing equipment to include saws, saw blades, drills, drill bits, grinders, grinder disks/cups, concrete vibrators, screeds, floats, brooms, slip form machines, and troweling machines, and laser screeds (if required). d. Subcontractor to furnish all general PPE (hard hat, glasses, gloves, safety vest) and task specific PPE as required by OSHA requirements (harnesses, lanyards, foot protection, face shields, hearing protection, etc.). Mailing Address: 4329 Reeder Dr, Carrollton, TX 75010* Ph: 214-614-8410* Add: d. Paver will require S of compacted & stabilized subgrade past the edge of curb. e. Operation Will require a flat truck haul route a minimum of 21' wide for concrete placer and concrete trucks. CIP / PAV I N G e. Subcontractor shall also ensure all of their workers are properly dressed for the project site (shirts with sleeves, long pants, boots). f. Subcontractor shall unload all materials and stage them for productive use. g. Subcontractor shall load any materials for removal off the site. h. Subcontractor shall participate in Certified Payroll documentation. i. Subcontractor shall provide a 2-year maintenance bond for their scope of work. 6. Care of Furnished Materials a. Powered Equipment — Subcontractor shall inspect equipment prior to use and ensure equipment has adequate fluids. If they are not present, notify CIP immediately and discontinue use. i. Equipment shall only be utilized for its intended purpose. b. Lumber — Subcontractor shall wreck formwork to keep material in reasonable condition. As material is no longer needed for continued progress, subcontractor is to bundle material in a loadable manner. 7. Competent and Certified Personnel a. Subcontractor to maintain a competent person as the lead person on the project. b. Subcontractor to only use trained or if required, certified personnel on powered equipment. Mailing Address: 4329 Reeder Dr, Carrollton, TX 75010* Ph: 214-614-8410* C112 Exclusions: 1. Furnishing concrete, rebar, tie wire, formwork material, equipment, fuel, curing compound, form release materials, dowels, expansion joint material, waterstop is excluded by Subcontractor. 2. Trash and debris haul off, loading of spoils generated by this scope and haul off concrete washout basins is by this Subcontractor. 3. Furnishing of control points and/or benchmarks. 4. Permits 5. Traffic Control 6. SWPPP 7. Street Cleaning for other trades 8. Landscaping 9. Pavement Markings or Signs Unit Prices — Per Work Breakdown 1. Hourly Rate for Labor - $30/hour for a Carpenter Item Quantity Unit Price Mobilization 1 ea $5,500 Slip Form Paving 19,427 sf $52,452 2 Year Maintenance Bond 1 ea $1,323.80 Total $59,275.80 Subcontractor Print Name Adrian Flores Signature a- - pq� A Date 10/2/2023 Contractor Zackery Markwardt, President 10/2/2023 Mailing Address: 4329 Reeder Dr, Carrollton, TX 75010* Ph: 214-614-8410* WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A (Ed. 1-00) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ® Specific Waiver City of Fort Worth 200 Texas Street Fort Worth, TX 76102 ❑ Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: Project: Vic Centre Apartments Project Number: 103932 Waiver of Subrogation in favor of the City of Fort Worth applies as respect workers' compensation coverage. 3. Premium: The premium charge for this endorsement shall be $0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. No Charge 4. Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 08/18/2023 Policy No: WC 55-35-232-10 Endorsement No: Insured: Helpside LLC Insurance Company: American Zurich Insurance Company Premium: $ Countersigned by �•'40c� WC 42 03 04 A (Ed. 1-00) Page 1 of 1 DEVELOPMENT BOND GUARANTEEING PERFORMANCE AND PAYMENT OF IMPROVEMENTS Bond No. _NTX 9427_ KNOW ALL MEN BY THESE PRESENTS, that we, Vic Partners, LLC , as Principal, and (_Developer_), a corporation organized and existing under the laws of the State of _Texas_, and fully authorized to transact business in the State of Texas, as surety, are held and firmly bound unto CITY OF FORT WORTH, TEXAS, 200 Texas Street, Fort Worth, Texas, 76102, as Obligee, in the penal sum of ($_1,778,567.94 ) lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEAREAS, ( Vic Partners, LLC ) has agreed to construct in ( Vic Centre - CPN 103932 ), in the CITY OF FORT WORTH, TEXAS the following improvements: ( Water, Sewer, Paving, Storm Drain, Street Lights ) WHEREAS, in the event of bankruptcy, default or other nonperformance by Principal, claims against Principal or the development, Obligee may be left without adequate satisfaction. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described, and shall pay for the cost of all labor, materials and equipment furnished in connection with the construction of said improvements, and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete the construction of said improvements or by reason of its failure to pay for the cost of same, then this obligation shall be null and void, otherwise to remain in full force and effect; and upon receipt of a claim by the City of Fort Worth indicating that the construction of said improvements has not been completed, or that the costs for same have not been paid, the Surety will pay to the City of Fort Worth such amount up to the amount of this bond which will allow the City of Fort Worth to complete construction of said improvements and to pay for the costs of same. We hereby agree with you that the draft(s) drawn under and in compliance with the terms of this bond will be duly honored upon presentation at: (Surety)_Merchants National Bonding, Inc. —mail code: . (Surety Address)_6700 Westown Parkway, Des Moines, ID, 50266 Attn:_Jeffrey Smalling or by facsimile to (surety: —Merchants National Bonding, Inc._ Fax Number515-243-3854_confrimed by a phone call at_515-243-8171 PROVIDED FURTHER, that this bond shall automatically be increased by the amount of any change order, supplemental agreement or amendment which increase the price of the aforementioned contract. PROVIDED FURTHER, that if any legal action be filed on this bond, the laws of the State of Texas shall apply and that venue shall lie exclusively in Tarrant County, Texas. AND PROVIDED FURTER, that the said surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of any contract for the public affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of such contract. This bond is given pursuant to the provisions of Section 212.073 of the Texas Local Government Code, as such may amended from time to time. Signed, sealed and dated this _30th_day of May_, 2023. DEVELOPER'S NAME SURETY COMPANY'S NAME Principal By: Aubrey Palmer Surety ByLerov Lamont Lannae III Attorney -in -Fact Signature: Signatur M.ERCHANTS� BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively caged the'Companies' do hereby make, constitute and appoint, individually, Amy Miller, Beth P Goble; Cheryl Brock; James S Mathews; Leroy Lamont Lannae III; R M McGlon Jr, Robert H Mathews; Sandra Miller, Warren Craig Mashburn; Wesley Alexander, Wiiliam'B Mathews; William J Rowston Jr, Zachary N Hash their true and lawful Attomey(s)-In-Fact, to sign Its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following Bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchartsNational Bonding, Inc., on October 16, 2015. 'The President Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-tri-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognlzances, contracts of indemnity and otherwritIngs obligatory In the nature thereof.' `The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Cer0cation thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed.' In connection with obligations In favor of the Florida Department of Transportation only, it is agreed that the power and aut hordy hereby given to the Attomey-in-Fad Includes any and all consents for the release of retained percentages and/or final estimates on engineering and constn:ction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or Its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, It is agreed that the power and authority hereby given to the Attorneys -In -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 30th day of May 2023 �P0" y•° MERCHANTS BONDING COMPANY (MUTUAL) MERCHANT NATIONAL BONDING, INC. p_ T: 1933 p� By 4:3• c • ''*-•�N President STATE OF IOWA ST •„ •• COUNTY OF DALLAS sa. •°°°°°°°°•••••• On this 20th day of September 2021 before me appeared Lany Taylor, to me personally known, who being by me duty swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing Instrument are the Corporate Seals of theiCompanies; and that the said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 104z,1, POLLY MASONCommissionNumber750576 My Commission Fires p January07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing Is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of me CompanISS on this day of 1P0}g9y`iEi.i.2� _e_ 1933 ; Q• Secretary POA 0018 (1/20) MERCHANTS BONDING COMPANYTM STATE OF TEXAS 6700 WESTTOWN PARKWAY, DES MOINES, IA 5(b PHONE:515-243-8171 FAX: 515-243-3854 ENDORSEMENT City of Fort Worth, Texas 200 Texas Street, Fort Worth, Texas 76102 It is hereby understood and agreed that Bond No.: NTX 9427 Principal: Vic Partners LLC Obligee: City of Fort Worth, Texas in the State of Texas is changing this bond effective FROM: $1,778,567.94 TO: $897,674.30 All terms and conditions of said bond, except as above changed, to remain the same. Signed, sealed and dated this OAP�9q'gy: Z. •z: c 1933 : c; SUP 0018 (2/15) 17th day of ;°�aPj`p•p q� hy..�oR RqJ..: 1 j 2003 By July State of Texas Larry Taylor resident 7/17/2023 2023 y 006219-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6219 2 MAINTENANCE BOND 3 BOND # 54-251757 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we C-Con Services, Inc. , known as 8 "Principal" herein and United Fire & Casualty Companv , a corporate surety 9 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, 11 Vic Partners, LLC , authorized to do business in Texas ("Developer") and the City of Fort 12 Worth, a Texas municipal corporation ("City"), in the sum 13 of Five Hundred Eiahty-one Thousand Three Hundred Ninetv & 42/100 Dollars ($581.390.42 ), 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment 15 of which sum well and truly be made jointly unto the Developer and the City as dual obligees and 16 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 17 jointly and severally, firmly by these presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number 23-0017 ; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 13th day of July 2023 , which Contract is 24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as Vic Center Apartments 28 Utility Improvements CP # 103932 and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 0062 19-2 MAINTENANCE BOND Pagc 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Rcviscd January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 13th day of 3 July �2023 4 5 6 7 8 9 10 y/ 11 A T l2 v 13 14 15 16 1 7,� 1 V, 20 Witness as to Principal 21 22 23 24 25 26 27 28 29 ATTEST: 30 31 32 (Surety) Secretary 33 34 35 Witness_ .t Suret 36 v PRINCIPAL: C-Con Services, Inc. go Signature Name and Title - Address: 118 Hillside Drive Lewisville. TX 75057 -� SURETY: - United Fire & Casualty Comoanv BY: Cs� - Slgnature Debra Lee Moon. Attornev-in-Fact Name and Title Address: P. O. BOX 73909 Cedar RanidS. IA 52407 Telephone Number: (319) 399-5700 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised January 31, 2012 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTE:R, TX 118 Second Ave SE � FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA Cedar Rapids, IA 52401 mBURANCE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company - See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fin: & Indemnity Company, a corporation duly organized and existing tattler the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint JOHN WILLIAM NEWBY, TROY RUSSELL KEY, DEBRA LEE MOON, SANDRA LEE RONEY, ANDREA ROSE CRAWFORD, MARLA HILL, HOWARD COWAN, COLIN E. CONLY, JOHN R. WARD, THOMAS DOUGLAS MOORE, ALLYSON W. DEAN, MONICA RUBY VEAZEY, EMILY ALLISON MIKESKA, ANDREW GARETH ADDISON, PATRICK THOMAS COYLE, MICHAEL DONALD HENDRICKSON, BRYAN KELLY MOORE, ELIZABETH ORTIZ, ANA OWENS, BETTY J. REEH, EACH INDIVIDUALLY their we and lawful Aramney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided tat no single obligation shall exceed $20, 000, 000.00 and to bind the Companies thereby as fully acid to the same extent as if such instrunnenti were signed by die duly authorized officers of die Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pack Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment ofAttomey-in-Fact. "The President or any Vice President, or my other officer of the Companies may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurmrce, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attomey or special power of attorney or certification of either authorized hereby; such signature and seal, when so mod, being adopted by the Companies as the original signature of such officer and the original seal of die Companies, to be valid and binding upon the Companies with the same force turd effect as trough manually affixed. Such anonieys-in-fact, subject to the limitations set of ford, in their respective certificates of authority shall have full power to bind the Companies by their signature mid execution of any such instruments mid to attach the seat the Companies thereto. The President or any Vice President. the Board of Directors or my other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be sighted by its vice president and its corporate seal to be hereto affixed this 3rd day of December, 2019 ,0• NpN H\\\1Ylo„41p 'xnl ,xry, pynFx, UNITED FIRE &CASUALTY COMPANY f�CNND°"'EF= =rCOaOtAhh4_ s'7iu\r=Foo UNITED FIRE& INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY py Y r firs, a.: '°•,//; urn, rt•',` '�'%a;,;nunn; 000"' .1eni� State of Iowa, County of Linn, ss: " Vice President On 3rd day of December, 2019, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described at and which executed the above instrument; that he knows the seal of said corporations; diet the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations mid that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. a•r� Judith A. Jones o I Iowa Notarial Seal Commission number 173041 Notary Public a� kiY Commission Expires 4232024 My commission expires: 4232024 1, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared tie foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set troth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in fug force mid effect. In testimony whereof 1 have hereunto subscribed my name and affixed the corporate seal of the said Corporations ails 13th day of July 20 23 n ', , r, tns ; 6F�•. Rv � 4 apoV�\L.... .V�Ir,`O, 1�'p'i _$ Co1IPOLL.F,x ' <' o geP `Vav``pPraB�i'.S^ -- CAIYJ4Alfi ±£e =�:- r\ILY z; om - �; coca ' y `'� 1y�/hW/� ram/ B /e\[Y �- sn a �!cOP?ra` V Assistant Secretary, 4m„no\a^`' OF&C & OF&1 & FPIC BPOA0049 1217 00 SURETY IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: United Fire & Casualty Company United Fire & Indemnity Company Financial Pacific Insurance Company You may call United Fire Group's toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire Group at: United Fire Group Attn: Surety Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address - United Fire Group Attn: Surety Department 118 Second Avenue SE Cedar Rapids, [A 52401 -or email- surety@unitedfiregroup.com You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: Consumer Protection (1 11- I A) P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov Email: ConsumerProtection(a),tdi.texas.Rov Premium or Claim Disputes: Should you have a dispute concerning your premium or about a claim, you should contact United Fire Group first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.021, Governmental Code, and Section 53-202, Property Code. HOME OFFICE: 118 Second Avenue SE I PO Box 73909 1 Cedar Rapids, Iowa 52407-3909 1 P: 800-332-7977 1 F: 319-399-5499 1 utginsurance.com 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 006219- 1 MAINTENANCE BOND Page 1 of 3 SECTION 00 62 19 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we CI P Pavinq, LLC , known as "Principal" herein and United Fire & Casualty Comnanv , a corporate surety (sureties, if more than one) duly authorized to do business In the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Vic Partners, LLC authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum Of Two Hundred Twentv Two Thousand Seven Hundred Seventv eiaht & 10/1 Dollars ($222,778.10 ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number23-0017 ; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 21st day of .tune 2023 , which Contract is 24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as Vic Centre Aeartments: Paving 28 CP # 103932 and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 006219-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 27th day of 3 July. 2023 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 ATTEST: (Principal) Secretary Witness as to Principal ATTEST: (Surety) Secretary Witness as to Surety PRINCIPAL: CIP Paving, LLC Address: 4329 Reeder Drive Carrollton. TX 75010 SURETY: United Fire & Casualty Company 41 BY: lgnatuy Thomas Douclas Moore. Attomev-in-Fact - Name and Title Address: 5057 Keller Sprints Rd.. #200 Addison TX 75001 Telephone Number:469-718-5873 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Departinent UNITED FIRE & INDEMNITY COMPANY, W EBSTER. TX 118 Second Ave SE FiNANCAAi. PACIFIC iNSURANCE COMPANY, LOS ANGF.LF.S, CA Cedar Rapids, IA 52401 ulglKSURANCEtyl CERTIFIED COPY OF POWER OF ATTORNEY (original on file at IIome Office of Company — See Certification) KNOW ALL PERSONS RY THFSE PIZESENTS, '['hat United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State oi' Iowa; United Fin & Indemnity Company, a corporation duly organized and existing tuider the laws of the State of Texas; and Financial Pacific insurance Company, a corporation duly organized and existing under the laws of die State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint JOHN WILLIAM NEWBY, TROY RUSSELL KEY, DEBRA LEE MOON, SANDRA LEE RONEY, ANDREA ROSE CRAWFORD, MARLA HILL, HOWARD COWAN, COLIN E. CONLY, JOHN R. WARD, THOMAS DOUGLAS MOORE, ALLYSON W. DEAN, MONICA RUBY VEAZEY, EMILY ALLISON MIKESKA, ANDREW GARETH ADDISON, PATRICK THOMAS COYLE, MICHAEL DONALD HENDRICKSON, BRYAN KELLY MOORE, ELIZABETH ORTIZ, ANA OWENS, BETTY J. REEH, EACH INDIVIDUALLY their true and lawful Attorneys)-itt-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $20, 000, 000.00 and to bind die Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority Thereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in fill force and effect until revoked by United Fire & Casualty Company, United Fire & indemnity Company, and Financial Pacific insurance Company. This Power of Attorney w made and exi-vuted pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article V1—Surety Bonds and ltndertakings" Section 2. Appointment of Auomey-in-Fact. "ihe President or any Vice President, or any other officer of the Companie> may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertaking+ and other obligatory instnunents of like nature. The signature of anv officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attomcys-in-fact, subject to the limitations set of forth in their respective certificates of authority shall have fill power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously gi%en to any attomey-in-fact. IN WiTNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice President and its corporate seal to be hereto affixed this 3rd day of December, 2019 `aa'Q•fASIt,,!�4�'' `�aaO�U�eaK,M��iij� � p\'�� Ih$i/ '', s°4l4. ago' ' :y�4 UNITED FIRE & CASUALTY COMPANY ""tNDXAlr �= =Oa Q `o • R'rS. I UN['I'EI) FiRE & [NUEMNI'IY COMPANY 3� �•� yy �r rC1KMKAIF. y _U.3 jJL zz .�Os 2� s ywsi FINANCIAL PACIFIC INSURANCE COMPANY J-40 ^ /; �h1►UR,paaaa ���hNjt111K1 Pa`r ry�N!/ryM1fI1/,N�\M�\13y: State of Iowa, County of Linn, ss: Vice President On 3rd day of December, 2019, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that lie resides in Cedar Rapids, State of Iowa; that lie is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific insurance Company the corporations described in and which executed the above instrumhent; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be die act and deed of said corporations. t*0,,-, Judith A. Jones V Iowa Notarial Seal • Commission number 173041 Notary Public My Commission Expires 423/2024 My commission expires: 4J23i2024 rll� I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of die Power of Attorney and affidavit, and the copy of the Section of tie bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE: IN THE HOME. OFFICE: OF SAID CORPORA'110NS, and that die same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been Yevokc d and is now in full force and effect. In testimony whereof I have hereunto.sithse:ih6d•iny=name and affixed die corporate seal of die said Corporations this 27th day of .2o23 aa11111111t11,� aal,lltlttiryry,� y1{,1�11171 a��PL�t:,ttcL{4rfi`aa�r buts, `�,`�I,C"'�N5i1/1�,. . 9 CITKtOKIaIE %''� Sta1L� �sLnL S y �af[/FN`!..}� _ -- - Assistant Secretary, ''�'':,",;;;;„.�a•'' UF•&C & OF&I & FPIC lots to BPOA0049 1217 _ ufd SURETY A IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: United Fire & Casualty Company United Fire & Indemnity Company Financial Pacific Insurance Company You may call United Fire Group's toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire Group at: United Fire Group Attn: Surety Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address - United Fire Group Attn: Surety Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: Consumer Protection (I 11-1 A) P.O. Box 149091 Austin, TX 78714-99091 Fax: (512) 490-1007 Web: www.tdi.texas.aov Email: ConsumerProtection(a).tdi.texas.eov Premium or Claim Disputes: Should you have a dispute concerning your premium or about a claim, you should contact United Fire Group first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.021, Governmental Code, and Section 53-202, Property Code. HOME OFFICE: 118 Second Avenue SE I PO Box 73909 I Cedar Rapids, Iowa 52407-3909 1 P: 800-332-7977 I F: 319-286-2520 I www.ufgins.com 006219-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 62 19 Bond No. 30189768 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we DDM Construction Corporation , known as 9 "Principal" herein and Continental Casualty Company , a corporate surety 10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Vic 12 Partners LLC, authorized to do business in Texas ("Developer") and the City of Fort Worth, a 13 Texas municipal corporation ("City"), in the sum 14 ofFifty-Two Thousand Nine Hundred Fifty -Two and 90/100 Dollars ($ 52,952.90 ), 15 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment 16 of which sum well and truly be made jointly unto the Developer and the City as dual obligees and 17 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 18 jointly and severally, firmly by these presents. 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Worth by and through a Community Facilities 22 Agreement, CFA Number <enter CFAICS Number>;and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the 15th day of September , 20 23 , which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 28 the "Work") as provided for in said Contract and designated as < Vic Centre, A Multi -Family 29 Subdivision and 30 31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 32 accordance with the plans, specifications and Contract Documents that the Work is and will 33 remain free from defects in materials or workmanship for and during the period of two (2) years 34 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH Vie Centre, A Mulli-Fainilr Subdivision STANDARD CITY CONDUIONS — DEVELOPER AWARDED PROJECTS CPN 703932 Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 006219-2 MAINTENANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Vic Centre, A Multi -Family Subdivision CPN I03932 006219-3 MAINTENANCE BOND Page 3 o f 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 22nd day of September 3 4 5 6 7 8 9 10 lE 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 12023 . ATTEST: - (Principal) Secretary t4kr_kAV 2u..1? Z Witness as to Principal ATTEST: (Sure Secretary Alyssa Beane Witness as to Surety Aifill i.; D4f P4GAStJg4)',� O 1Z CORPORATe Z • D p z \� SEAL J� \ 1a97 PRINCIPAL: DDM Construction Corporation BY: �Xgnatur 7—J,u' `7 AlLaJ11' 4jVe^f Name�and Title Address: 4006 Beltline Road, Suite 230 Addison, TX 75001 SURETY: Continental Casualty Company I l] - BY: 141V t j 1. _ ! _a Signature Cindy Rodriguez Attorney -in -Fact Name and Title Address: 151 N Franklin St. Chicaqo, Il_ 60606-1821 Telephone Number: 877-633-5600 *Note: if signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. `��tfll!llll� =0: 966F.O ,,� y D •b2i d't CITY OF FORT WORTH Vic Centre, A Multi-Famd.v Subdivision STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised January 31, 2012 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing uisurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint James W Leeker, William P Rutherford, Linda S Nichols, Cindy Rodriguez, Individually of Rockwall, TX, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, sea] and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this I st day of December, 2020. OAS UgIr C 51t5URq, M1 cpNr on ' Cp4PORAr� Q o �y %400PUR4? fC I >} JULY ]I, r SEAL 180 }Lp� f4 tr d ContinentalCasualty Company NationalFire Insurance Company of Hartford AmericanC altyCompanyofR ding, Pennsylvania :) Paul T. Bruflat ice President State of South Dakota, County of Minnehaha, ss: On this I st day of December, 2020, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. J. NO HA NOTMIYPUBUC sputN wcom My Commission Expires June 23, 2021 J. Mahr CERTIFICATE NotaryPublic I, D. Johnson, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies thi22nday of September, 2023 CASUgLTy� GOgPGFArg V"� .�ycpRPaR4rt8 _ ' is JULY P, a �u SEAL ay Y Isuz e Form F6853-4/2012 Continental Casualty Company NationalFire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania D. Johnson Assistant Secretary Go to www.cnasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. 4_�¢� GASUgkT 0 2 GORPORArj O z • 0 0 SEAL Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power ofAttorney is made and executedpusurn t to and by authority of the following resolution duly adopted by the Boar d of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements an it in struments on be ha l£of lire Companyprovided that thenameof such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writingby the Senior or Group Vice President to the Secretary of the Company priorto such executionbecoming effective." This Power ofAttorney is signed by Paul T. Bruflat, Vice President, who has been authorizedpursuant to the aboveresolution to execute powerof attorneys o n behalf of Continental Casualty Company. This Power ofAttorney is signed and sealed by facsimile under and by the authority of thefollowing Resolution adoptedby th e Board ofDirectors of the Company by unanimous written consent dated the25 0° day of April, 2012: "Whereas, thebylatvs of the Company or specific resolution ofthe Board ofDirectors has authorized various officers (the "Authorized Officers Ito execute various policies, bonds, undertakings and other obligatory instruments oflikenatum; and Whereas, from time to time, the signature ofthe Authorized Officers, in addition to being provided in original, hard copy to trust, may be providedvia facsimile or otherwis a in an electronic format (collectively, "Electronic Signatures'): Nowtherdere be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company. " ADOPTED BY THE BOARD OF DIRECTORS OF NATIONALFIRE INSURANCE COMPANY OF HARTFORD: This Power ofAttorney is made and executedpursuart to and by authority of the followingres olution duly adoptedby the Boardof Directors ofthe Company b y unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements an d in struments on b ehalf o f th e Company provided that thename of such authorized officer and a description of the docnanents, agreements or instruments that such officer may sign will be provided in writingby the Senior or Group Vice President to the Secretary of the Company priorto such executionbecoming off ective." This Power ofAttorney is signed by Paul T, Bruflat, Vice President, who has been authmizedpursuant to the aboveresolution to execute powerof attorneys on behalf of National Fire Insurance Company of Hartford. This Power ofAttorneyis signed and s ended byfacsimile under and by the authority ofthefollowing Resolution adoptedby th e Board ofDirectors ofthe Company by unanimous written consent dated die 25 °i day of April, 2012: "Whereas, thebylatvs of the Company or specific resolution ofthe Board ofDirecors has authorizedvarious officers (the "Authorized Offiwrs')to execute various policies, bonds, undertakings and otherobligatory instruments of like nature; and Whereas, fromtime to time, the signature ofthe Authorized Officers, in addition to being provided in original, hard copy to mat, maybe provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Nowtherefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid andbinding on the Company. " ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTYCOMPANY OF READING, PENNSYLVANIA This Power ofAttorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors ofthe Company b y unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an ofl9ccr to sign specific documents, agreements an d in struments on behalf of the Companyprovided that thenameof such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company priorto such executionbecoming effective." This Power ofAttorneyis signedby Paul T. Bruflat, Vice President, who boa been authodzedpusuanl to the aboveresolution to execute powerof attorneys on behalf of American Casualty Company of Readung, Pennsvlvania. This Power ofAttorney is signed and sealed by facsimile under and bythe authority of the following Resolution adopledbythe Board ofDirectors ofthe Company b y unanimous written consent dated the251h day o f April, 2012: "Whereas, thebylaws of the Company orspecific resolution ofdic Board ofDirectors Ines authorizedvadous officers (the "Authorized Officers" )lo execute various policies, bonds, undertakings and otherobligatury instruments of likenature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to beingprovidcd in original, hard copy formal, maybe provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signalise of any AuthorizedOfficer shall be valid and binding on the Company, " 006219-1 MAINTENANCE BOND Page 1 of 3 1 2 3 4 5 6 7 8 9 SECTION 00 62 19 MAINTENANCE BOND Bond No. ES00015513 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we IES Residential, Inc. . known as "Principal" herein and Everest Reinsurance Company , a corporate surety 10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Vic 12 Partners LLC, authorized to do business in Texas ("Developer") and the City of Fort Worth, a 13 Texas municipal corporation ("City"), in the sum 14 of Forty Thousand Five Hundred Fifty -Two and 88/100 Dollars ($40,552.88 )� 15 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment 16 of which sum well and truly be made jointly unto the Developer and the City as dual obligees and 17 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 18 jointly and severally, firmly by these presents. 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Worth by and through a Community 22 Facilities Agreement, CFA Number <23-0017>;and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the 4th day of August , 20 23 , which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 28 the "Work") as provided for in said Contract and designated as <Vic Cenlre, A Mulli-Family 29 Subdivision and 30 31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 32 accordance with the plans, specifications and Contract Documents that the Work is and will 33 remain free from defects in materials or workmanship for and during the period of two (2) years 34 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH I "ic Centre. A Ahilti-Family Subdivision STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPA' 103932 Revised January 31, 2012 006219-2 MAINTENANCE BOND Page 2 of 3 1 2 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 3 upon receiving notice from the Developer and/or City of the need thereof at any time within the 4 Maintenance Period. 5 6 NOW THEREFORE, the condition of this obligation is such that if Principal shall 7 remedy any defective Work, for which timely notice was provided by Developer or City, to a 8 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 9 remain in full force and effect. 10 11 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 12 noticed defective Work, it is agreed that the Developer or City may cause any and all such 13 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 14 by the Principal and the Surety under this Maintenance Bond; and 15 16 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 17 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 18 Worth Division; and 19 20 PROVIDED FURTHER, that this obligation shall be continuous in nature and 21 successive recoveries may be had hereon for successive breaches. 22 23 24 CITY OF FORT WORTH 17c Cen/re, A A4ulN-Famil}, Subdii4sion STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised January 31, 2012 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 006219-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 21 st day of August ,2o23. ATTEST: A - tO (Princi al) Secretary /770 W ima4 as to Principal ATTEST: (Surety) Secretary Diana Cervantes Witness as to Surety PRINCIPAL: IES Residential, Inc. BY: �� V,-° Signature �1�1 rr1S me_ V—► f4t V1, ul ce wesl c{ o Name and Title Address: 10203 Mula Circle Stafford, TX 77477 SURETY: Everest Reinsurance Company BY: Oignatore S. Nicole Evans, Attorney in Fact Name and Title Address: 100 Everest Way Warren, NJ 07059 Telephone Number: (908) 604 - 3000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 I is Cenlre, f1 A4ulli-Family Subdivision CPN 103932 & everest" POWER OF ATTORNEY EVEREST REINSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the Slate of Delaware ("Company") having its principal office located at 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint: S. Nicole Evans, Stephanie Gunderson its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation. Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on April 21, 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15'h day of February 2023, SEAL 4!» f Everest Reinsurance Company Cpz- By: Anthony Romano, Senior Vice President On this 151^ day of February 2023, before me personally came Anthony Romano, known to me, who, being duly swom, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order. LINDA ROBINS Notary Public, State of New York No OIR06239736 Qualified in Queens County Terre Expires April 25, 2027 Linda Robins, Notary Public I, Nicole Chase, Assistant Secretary of Everest Reinsurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attomey, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 21 St day of August 202 3 OSEAL By: Nicole Chase, Assistant Secretary ES 00 01 04 16 ZY E R V-J\ E TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call toll -free for information or to make a complaint at 1-866-287-1736 You may also write to: Everest National Insurance Company 477 Martinsville Road, PO Box 830 Liberty Corner, NJ 07938-0830 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490 —1001 Web: htte://www.tdi.texas.p-ov E-mail: ConsumerProtectionPtdi.texas.pov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-908-604-3000. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. NP 70 68 0901 TEXSAS AVISO IMPORTANTE Para obener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis para informacion o para someter una queja al 1-866-287-1736 Usted tambien puede escribir a: Everest National Insurance Company 477 Martinsville Road, PO Box 830 Liberty Corner, NJ 07938-0830 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al 1- 800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 FAX# (512) 490-1007 Web: htto://www/tdi.texas.Rov E-mail: ConsumerProtection(@tdi.texas.vov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resolve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del document adjunto. 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: 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: b. Each Occurrence: : Enter limits provided by Railroad Company (If none, write 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) ❑ 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 Ith 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 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 11 00 SUMMARY OF WORK 011100-1 DAP SUMMARY OF WORK Page 1 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 36 37 38 A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 103932 Revised December 20, 2012 011100-2 DAP SUMMARY OF WORK Page 2 of 3 I b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 18 lawns, fences, culverts, curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 103932 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 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 103932 Revised December 20, 2012 012500-1 DAP SUBSTITUTION PROCEDURES SECTION 0125 00 SUBSTITUTION PROCEDURES PART1- 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 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or -equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or -equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 012500-2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 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 SUBMITTALSANFORMATIONAL 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 012500-4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm Address Date Telephone For Use by City: Approved City Recommended Recommended Not recommended Received late By Date Remarks Date Rej ected CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 013119-1 DAP PRECONSTRUCTION MEETING SECTION 01 31 19 PRECONSTRUCTION MEETING PART1- GENERAL 1.1 SUMMARY A. Section Includes: Page 1 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 d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 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 m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 013119-3 DAP PRECONSTRUCTION MEETING Page 3 of 3 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] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 SECTION 01 31 20 PROJECT MEETINGS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 013120-1 DAP PROJECT MEETINGS Page 1 of 3 1. Provisions for project meetings throughout the construction period to enable orderly review of the progress of the Work and to provide for systematic discussion of potential problems B. Deviations this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements IWAKUW41W.107Z%140IBlel89ZIZy011117&1 A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Schedule, attend and administer as specified, periodic progress meetings, and specially called meetings throughout progress of the Work. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meetings administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. 4. Meetings, in addition to those specified in this Section, may be held when requested by the City, Engineer or Contractor. B. Pre -Construction Neighborhood Meeting 1. After the execution of the Agreement, but before construction is allowed to begin, attend 1 Public Meeting with affected residents to: a. Present projected schedule, including construction start date b. Answer any construction related questions 2. Meeting Location a. Location of meeting to be determined by the City. 3. Attendees CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised July 1, 2011 013120-2 DAP PROJECT MEETINGS Page 2 of 3 a. Contractor b. Project Representative c. Other City representatives 4. Meeting Schedule a. In general, the neighborhood meeting will occur within the 2 weeks following the pre -construction conference. b. In no case will construction be allowed to begin until this meeting is held. C. Progress Meetings 1. Formal project coordination meetings will be held periodically. Meetings will be scheduled and administered by Project Representative. 2. Additional progress meetings to discuss specific topics will be conducted on an as - needed basis. Such additional meetings shall include, but not be limited to: a. Coordinating shutdowns b. Installation of piping and equipment c. Coordination between other construction projects d. Resolution of construction issues e. Equipment approval 3. The Project Representative will preside at progress meetings, prepare the notes of the meeting and distribute copies of the same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 4. Attendance shall include: a. Contractor's project manager b. Contractor's superintendent c. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request d. Engineer's representatives e. City's representatives f. Others, as requested by the Project Representative Preliminary Agenda may include: a. Review of Work progress since previous meeting b. Field observations, problems, conflicts c. Items which impede construction schedule d. Review of off -site fabrication, delivery schedules e. Review of construction interfacing and sequencing requirements with other construction contracts f. Corrective measures and procedures to regain projected schedule g. Revisions to construction schedule h. Progress, schedule, during succeeding Work period i. Coordination of schedules j. Review submittal schedules k. Maintenance of quality standards 1. Pending changes and substitutions m. Review proposed changes for: 1) Effect on construction schedule and on completion date 2) Effect on other contracts of the Project n. Review Record Documents o. Review monthly pay request CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised July 1, 2011 013120-3 DAP PROJECT MEETINGS Page 3 of 3 p. Review status of Requests for Information 6. Meeting Schedule a. Progress meetings will be held periodically as determined by the Project Representative. 1) Additional meetings may be held at the request of the: a) City b) Engineer c) Contractor 7. Meeting Location a. The City will establish a meeting location. 1) To the extent practicable, meetings will be held at the Site. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION 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] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised July 1, 2011 013233-1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 SECTION 0132 33 PRECONSTRUCTION VIDEO PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 SECTION 0133 00 DAP SUBMITTALS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 013300-1 DAP SUBMITTALS Page 1 of 8 General methods and requirements of submissions applicable to the following Work -related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 013300-2 DAP SUBMITTALS Page 2 of 8 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 When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 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 '/2 inches x 11 inches to 8 '/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 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 CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 013300-3 DAP SUBMITTALS Page 3 of 8 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom -prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing -in diagrams and templates 5) Catalog cuts 6) Product photographs CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 013300-4 DAP SUBMITTALS Page 4 of 8 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 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 Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 013300-5 DAP SUBMITTALS Page 5 of 8 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. 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 CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 013300-6 DAP SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 013300-7 DAP SUBMITTALS Page 7 of 8 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION 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] CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 013300-8 DAP SUBMITTALS Page 8 of 8 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] D 31111=1x4011130 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August 30, 2013 0135 13- 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 I SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 4 PART1- GENERAL 5 1.1 SUMMARY 6 A. Section Includes: 7 1. The procedures for special project circumstances that includes, but is not limited to: 8 a. Coordination with the Texas Department of Transportation 9 b. Work near High Voltage Lines 10 c. Confined Space Entry Program 11 d. Air Pollution Watch Days 12 e. Use of Explosives, Drop Weight, Etc. 13 f. Water Department Notification 14 g. Public Notification Prior to Beginning Construction 15 h. Coordination with United States Army Corps of Engineers 16 i. Coordination within Railroad permits areas 17 j. Dust Control 18 k. Employee Parking 19 20 B. Deviations from this City of Fort Worth Standard Specification 21 1. None. 22 C. Related Specification Sections include, but are not necessarily limited to: 23 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 24 2. Division 1 — General Requirements 25 3. Section 33 12 25 — Connection to Existing Water Mains 26 27 1.2 REFERENCES 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 33 High Voltage Overhead Lines. 34 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 35 Specification 36 1.3 ADMINISTRATIVE REQUIREMENTS 37 A. Coordination with the Texas Department of Transportation 38 1. When work in the right-of-way which is under the jurisdiction of the Texas 39 Department of Transportation (TxDOT): CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 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 0135 13-2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 a. Notify the Texas Department of Transportation prior to commencing any work therein in accordance with the provisions of the permit 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 CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August, 30, 2013 0135 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 1 1. During the construction of this project, it will be necessary to deactivate, for a 2 period of time, existing lines. The Contractor shall be required to coordinate with 3 the Water Department to determine the best times for deactivating and activating 4 those lines. 5 2. Coordinate any event that will require connecting to or the operation of an existing 6 City water line system with the City's representative. 7 a. Coordination shall be in accordance with Section 33 12 25. 8 b. If needed, obtain a hydrant water meter from the Water Department for use 9 during the life of named project. 10 c. In the event that a water valve on an existing live system be turned off and on 11 to accommodate the construction of the project is required, coordinate this 12 activity through the appropriate City representative. 13 1) Do not operate water line valves of existing water system. 14 a) Failure to comply will render the Contractor in violation of Texas Penal 15 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 16 will be prosecuted to the full extent of the law. 17 b) In addition, the Contractor will assume all liabilities and 18 responsibilities as a result of these actions. 19 F. Public Notification Prior to Beginning Construction 20 1. Prior to beginning construction on any block in the project, on a block by block 21 basis, prepare and deliver a notice or flyer of the pending construction to the front 22 door of each residence or business that will be impacted by construction. The notice 23 shall be prepared as follows: 24 a. Post notice or flyer 7 days prior to beginning any construction activity on each 25 block in the project area. 26 1) Prepare flyer on the Contractor's letterhead and include the following 27 information: 28 a) Name of Project 29 b) City Project No (CPN) 30 c) Scope of Project (i.e. type of construction activity) 31 d) Actual construction duration within the block 32 e) Name of the contractor's foreman and phone number 33 f) Name of the City's inspector and phone number 34 g) City's after-hours phone number 35 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 36 A. 37 3) Submit schedule showing the construction start and finish time for each 38 block of the project to the inspector. 39 4) Deliver flyer to the City Inspector for review prior to distribution. 40 b. No construction will be allowed to begin on any block until the flyer is 41 delivered to all residents of the block. 42 G. Public Notification of Temporary Water Service Interruption during Construction 43 1. In the event it becomes necessary to temporarily shut down water service to 44 residents or businesses during construction, prepare and deliver a notice or flyer of 45 the pending interruption to the front door of each affected resident. 46 2. Prepared notice as follows: 47 a. The notification or flyer shall be posted 24 hours prior to the temporary 48 interruption. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August, 30, 2013 0135 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 I b. Prepare flyer on the contractor's letterhead and include the following 2 information: 3 1) Name of the project 4 2) City Project Number 5 3) Date of the interruption of service 6 4) Period the interruption will take place 7 5) Name of the contractor's foreman and phone number 8 6) Name of the City's inspector and phone number 9 c. A sample of the temporary water service interruption notification is attached as 10 Exhibit B. 11 d. Deliver a copy of the temporary interruption notification to the City inspector 12 for review prior to being distributed. 13 e. No interruption of water service can occur until the flyer has been delivered to 14 all affected residents and businesses. 15 f. Electronic versions of the sample flyers can be obtained from the Project 16 Construction Inspector. 17 H. Coordination with United States Army Corps of Engineers (USACE) 18 1. At locations in the Project where construction activities occur in areas where 19 USACE permits are required, meet all requirements set forth in each designated 20 permit. 21 I. Coordination within Railroad Permit Areas 22 1. At locations in the project where construction activities occur in areas where 23 railroad permits are required, meet all requirements set forth in each designated 24 railroad permit. This includes, but is not limited to, provisions for: 25 a. Flagmen 26 b. Inspectors 27 c. Safety training 28 d. Additional insurance 29 e. Insurance certificates 30 f. Other employees required to protect the right-of-way and property of the 31 Railroad Company from damage arising out of and/or from the construction of 32 the project. Proper utility clearance procedures shall be used in accordance 33 with the permit guidelines. 34 2. Obtain any supplemental information needed to comply with the railroad's 35 requirements. 36 J. Dust Control 37 1. Use acceptable measures to control dust at the Site. 38 a. If water is used to control dust, capture and properly dispose of waste water. 39 b. If wet saw cutting is performed, capture and properly dispose of slurry. 40 K. Employee Parking 41 1. Provide parking for employees at locations approved by the City. 42 L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean 43 Construction Specification [if required for the project] 44 1. Comply with equipment, operational, reporting and enforcement requirements set 45 forth in NCTCOG's Clean Construction Specification. } CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August, 30, 2013 0135 13 - 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 Revision Log DATE NAME SUMMARY OF CHANGE 1.3.B — 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August, 30, 2013 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 01 35 13 -6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August, 30, 2013 0135 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 1 EXHIBIT B 2 4 FORT WORTH Daft: DOE NO. xxxx Project !lame: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised August, 30, 2013 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART1- 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. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City's document management system, or another form of distribution approved by the City. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 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 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] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magana Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City's document management system. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised March 20, 2020 015000-1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS PART1- 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 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised JULY 1, 2011 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off -site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing Provide and maintain for the duration or construction when required in contract documents E. Dust Control CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised JULY 1, 2011 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on -call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE -INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised JULY 1, 2011 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised JULY 1, 2011 015526-1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 34 71 13 — Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised July 1, 2011 015526-2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 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 Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION 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] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised July 1, 2011 015526-3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised July 1, 2011 015713-1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION 0157 13 STORM WATER POLLUTION PREVENTION PART1- 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 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised July 1, 2011 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 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) 392- 6088. 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 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 A. SWPPP Submit in accordance with Section 0133 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised July 1, 2011 0157 13 -3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 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 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] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised July 1, 2011 SECTION 0160 00 PRODUCT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 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: httDs://apps.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] 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised March 20, 2020 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City's Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magafia Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City's website. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised March 20, 2020 016600-1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 SECTION 0166 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART1- 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 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. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 016600-3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non -Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 017000-1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 SECTION 0170 00 MOBILIZATION AND REMOBILIZATION PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 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 IRM97[yW.307Z%140IDleh89,11101111114`1V A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Specified Remobilization" in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 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. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 017123-1 CONSTRUCTION STAKING AND SURVEY Page I of 8 1 SECTION 01 71 23 2 CONSTRUCTION STAKING AND SURVEY 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Requirements for construction staking and construction survey 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. See Changes (Highlighted in Yellow). 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 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 A. Measurement and Payment 1. 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 Developer's Project Representative. 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. 3. 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised February 14, 2018 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 1 2) Payment for "As -Built Survey" shall be made in partial payments prorated 2 by work completed compared to total work included in the lump sum item. 3 c. The price bid shall include, but not be limited to the following: 4 1) Field measurements and survey shots to identify location of completed 5 facilities. 6 2) Documentation and submittal of as -built survey data onto contractor redline 7 plans and digital survey files. 8 9 1.3 REFERENCES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 A. Definitions 1. Construction Survev - 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 Survev —The measurements made after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Staking — 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. Survev "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 33 1.4 ADMINISTRATIVE REQUIREMENTS 34 A. The Contractor's selection of a surveyor must comply with Texas Government 35 Code 2254 (qualifications based selection) for this project. 36 1.5 SUBMITTALS 37 A. Submittals, if required, shall be in accordance with Section 0133 00. 38 B. All submittals shall be received and reviewed by the City prior to delivery of work. 39 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 40 A. Field Quality Control Submittals 41 1. Documentation verifying accuracy of field engineering work, including coordinate 42 conversions if plans do not indicate grid or ground coordinates. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised February 14, 2018 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1 2. Submit "Cut -Sheets" conforming to the standard template provided by the City 2 (refer to 01 71 23.16.01 —Attachment A — Survey Staking Standards). 3 1.7 CLOSEOUT SUBMITTALS 4 B. As -built Redline Drawing Submittal 5 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of 6 constructed improvements signed and sealed by Registered Professional Land 7 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A 8 — Survey Staking Standards) . 9 2. Contractor shall submit the proposed as -built and completed redline drawing 10 submittal one (1) week prior to scheduling the project final inspection for City 11 review and comment. Revisions, if necessary, shall be made to the as -built redline 12 drawings and resubmitted to the City prior to scheduling the construction final 13 inspection. 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE 16 A. Construction Staking 17 1. Construction staking will be performed by the Contractor. 18 2. Coordination 19 a. Contact City and Developer's Project Representative at least one week in 20 advance notifying the City of when Construction Staking is scheduled. 21 b. It is the Contractor's responsibility to coordinate staking such that 22 construction activities are not delayed or negatively impacted. 23 3. General 24 a. Contractor is responsible for preserving and maintaining stakes. If 25 Developer's Project Representative is required to re -stake for any reason, the 26 Contractor will be responsible for costs to perform staking. If in the opinion of 27 the City, a sufficient number of stakes or markings have been lost, destroyed 28 disturbed or omitted that the contracted Work cannot take place then the 29 Contractor will be required to stake or re -stake the deficient areas. 30 B. Construction Survey 31 1. Construction Survey will be performed by the Contractor. 32 2. Coordination 33 a. Contractor to verify that horizontal and vertical control data established in the 34 design survey and required for construction survey is available and in place. 35 3. General 36 a. Construction survey will be performed in order to construct the work shown 37 on the Construction Drawings and specified in the Contract Documents. 38 b. For construction methods other than open cut, the Contractor shall perform 39 construction survey and verify control data including, but not limited to, the 40 following: 41 1) Verification that established benchmarks and control are accurate. 42 2) Use of Benchmarks to furnish and maintain all reference lines and grades 43 for tunneling. 44 3) Use of line and grades to establish the location of the pipe. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised February 14, 2018 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 46 47 48 49 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 4) Submit to the City copies of field notes used 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) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 25O 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 25O linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater — Not Applicable 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 CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised February 14, 2018 01 71 23 - 5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 1 a) Rim and flowline elevations and coordinates for each manhole 2 2) Water Lines 3 a) Cathodic protection test stations 4 b) Sampling stations 5 c) Meter boxes/vaults (All sizes) 6 d) Fire hydrants 7 e) Valves (gate, butterfly, etc.) 8 f) Air Release valves (Manhole rim and vent pipe) 9 g) Blow off valves (Manhole rim and valve lid) 10 h) Pressure plane valves 11 i) Underground Vaults 12 (1) Rim and flowline elevations and coordinates for each 13 Underground Vault. 14 3) Sanitary Sewer 15 a) Cleanouts 16 (1) Rim and flowline elevations and coordinates for each 17 b) Manholes and Junction Structures 18 (1) Rim and flowline elevations and coordinates for each 19 manhole and junction structure. 20 4) Stormwater — Not Applicable 21 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 22 1.11 FIELD [SITE] CONDITIONS [NOT USED] 23 1.12 WARRANTY 24 PART 2 - PRODUCTS 25 A. A construction survey will produce, but will not be limited to: 26 1. Recovery of relevant control points, points of curvature and points of intersection. 27 2. Establish temporary horizontal and vertical control elevations (benchmarks) 28 sufficiently permanent and located in a manner to be used throughout construction. 29 3. The location of planned facilities, easements and improvements. 30 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 31 areas, utilities, streets, highways, tunnels, and other construction. 32 b. A record of revisions or corrections noted in an orderly manner for reference. 33 c. A drawing, when required by the client, indicating the horizontal and vertical 34 location of facilities, easements and improvements, as built. 35 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 36 construction staking projects. These cut sheets shall be on the standard city template 37 which can be obtained from the Survey Superintendent (817-392-7925). 38 5. Digital survey files in the following formats shall be acceptable: 39 a. AutoCAD (.dwg) 40 b. ESRI Shapefile (.shp) 41 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 42 standard templates, if available) 43 6. Survey files shall include vertical and horizontal data tied to original project 44 control and benchmarks, and shall include feature descriptions CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised February 14, 2018 01 71 23 - 6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 1 PART 3 - EXECUTION 2 3.1 INSTALLERS 3 A. Tolerances: 4 1. The staked location of any improvement or facility should be as accurate as 5 practical and necessary. The degree of precision required is dependent on many 6 factors all of which must remain judgmental. The tolerances listed hereafter are 7 based on generalities and, under certain circumstances, shall yield to specific 8 requirements. The surveyor shall assess any situation by review of the overall plans 9 and through consultation with responsible parties as to the need for specific 10 tolerances. 11 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 12 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 13 1.0 ft. tolerance. 14 b. Horizontal alignment on a structure shall be within .0.1 ft tolerance. 15 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 16 walkways shall be located within the confines of the site boundaries and, 17 occasionally, along a boundary or any other restrictive line. Away from any 18 restrictive line, these facilities should be staked with an accuracy producing no 19 more than 0.05ft. tolerance from their specified locations. 20 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 21 electric lines, shall be located horizontally within their prescribed areas or 22 easements. Within assigned areas, these utilities should be staked with an 23 accuracy producing no more than 0.1 ft tolerance from a specified location. 24 e. The accuracy required for the vertical location of utilities varies widely. Many 25 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 26 should be maintained. Underground and overhead utilities on planned profile, 27 but not depending on gravity flow for performance, should not exceed 0.1 ft. 28 tolerance. 29 B. Surveying instruments shall be kept in close adjustment according to manufacturer's 30 specifications or in compliance to standards. The City reserves the right to request a 31 calibration report at any time and recommends regular maintenance schedule be 32 performed by a certified technician every 6 months. 33 1. Field measurements of angles and distances shall be done in such fashion as to 34 satisfy the closures and tolerances expressed in Part 3. LA. 35 2. Vertical locations shall be established from a pre -established benchmark and 36 checked by closing to a different bench mark on the same datum. 37 3. Construction survey field work shall correspond to the client's plans. Irregularities 38 or conflicts found shall be reported promptly to the City. 39 4. Revisions, corrections and other pertinent data shall be logged for future reference. 40 41 3.2 EXAMINATION [NOT USED] CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised February 14, 2018 01 71 23 - 7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 1 3.3 PREPARATION [NOT USED] 2 3.4 APPLICATION 3 3.5 REPAIR / RESTORATION 4 A. If the Contractor's work damages or destroys one or more of the control 5 monuments/points set by the Developer's Project Representative, the monuments shall be 6 adequately referenced for expedient restoration. 7 1. Notify City or Developer's Project Representative if any control data needs to be 8 restored or replaced due to damage caused during construction operations. 9 a. Contractor shall perform replacements and/or restorations. 10 b. The City or Developer's Project Representative may require at any time a 11 survey "Field Check" of any monument or benchmarks that are set be verified 12 by the Developer's Project Representative before further associated work can 13 move forward. 14 3.6 RE -INSTALLATION [NOT USED] 15 3.7 FIELD [OR] SITE QUALITY CONTROL 16 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 17 Developer's Project Representative in accordance with this Specification. This includes 18 easements and right of way, if noted on the plans. 19 B. Do not change or relocate stakes or control data without approval from the City. 20 3.8 SYSTEM STARTUP 21 A. Survey Checks 22 1. The City reserves the right to perform a Survey Check at any time deemed 23 necessary. 24 2. Checks by City personnel or 3rd party contracted surveyor are not intended to 25 relieve the contractor of his/her responsibility for accuracy. 26 27 3.9 ADJUSTING [NOT USED] 28 3.10 CLEANING [NOT USED] 29 3.11 CLOSEOUT ACTIVITIES [NOT USED] 30 3.12 PROTECTION [NOT USED] 31 3.13 MAINTENANCE [NOT USED] 32 3.14 ATTACHMENTS [NOT USED] 33 34 35 CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised February 14, 2018 017123-8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 END OF SECTION Revision Log 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised February 14, 2018 SECTION 0174 23 CLEANING PART1- GENERAL 1.1 SUMMARY 017423-1 DAP CLEANING Page 1 of 4 A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 01 74 23 - 2 DAP CLEANING Page 2 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2- PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 01 74 23 - 3 DAP CLEANING Page 3 of 4 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 SECTION 0177 19 CLOSEOUT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY 017719-1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 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 h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 017719-3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) £ 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 017823-1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 SECTION 0178 23 OPERATION AND MAINTENANCE DATA PART1- 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 1/2 inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly -leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut -down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 017839-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 SECTION 0178 39 PROJECT RECORD DOCUMENTS PART1- 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 SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 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] 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". CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 017839-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 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 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. CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 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 Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103932 Revised April 7, 2014 APPENDIX GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 GR-01 60 00 Product Requirements CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103932 Revised July 1, 2011 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Vic Centre, A Multi -Family Subdivision STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103932 Revised July 1, 2011 FORT WORTH CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 09/07/2023 Concrete 9/9/2022 03 30 00 Mix Design American Concrete Company 9/9/2022 03 30 00 Mix Design American Concrete Company 9/9/2022 03 30 00 Mix Design American Concrete Company 9/9/2022 03 30 00 Mix Design American Concrete Company 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Argos 9/9/2022 03 30 00 Mix Design Big D Concrete 9/9/2022 03 30 00 Mix Design Big D Concrete 5/2/2023 32 13 13 Mix Design Big D Concrete 9/9/2022 03 30 00 Mix Design Big Town Concrete 9/9/2022 03 30 00 Mix Design Big Town Concrete 9/9/2022 03 30 00 Mix Design Burnco Texas 9/9/2022 03 30 00 Mix Design Burnco Texas 9/9/2022 03 30 00 Mix Design Burnco Texas 9/9/2022 03 30 00 Mix Design Burnco Texas 9/9/2022 03 30 00 Mix Design Burnco Texas 9/9/2022 03 30 00 Mix Design Burnco Texas 9/9/2022 03 3000 Mix Design Burnco Texas 9/9/2022 03 3000 Mix Design Burnco Texas 9/9/2022 03 3000 Mix Design Burnco Texas 9/9/2022 03 3000 Mix Design Burnco Texas 4/1/2023 03 34 16 Mix Design Burnco Texas 9/9/2022 03 3000 Mix Design Carder Concrete 9/9/2022 03 3000 Mix Design Carder Concrete 9/9/2022 03 3000 Mix Design Carder Concrete 9/9/2022 03 3000 Mix Design Carder Concrete 9/9/2022 03 3000 Mix Design Carder Concrete 9/9/2022 03 3000 Mix Design Carder Concrete 9/9/2022 03 3000 Mix Design Carder Concrete 9/9/2022 03 3000 Mix Design Carder Concrete 9/9/2022 03 3000 Mix Design Charley's Concrete 9/9/2022 03 3000 Mix Design Charley's Concrete 9/9/2022 03 3000 Mix Design Charley's Concrete 9/9/2022 03 3000 Mix Design Charley's Concrete 9/9/2022 03 3000 Mix Design Charley's Concrete 9/9/2022 03 3000 Mix Design Charley's Concrete 9/9/2022 03 3000 Mix Design Charley's Concrete 9/9/2022 03 3000 Mix Design Charley's Concrete 9/9/2022 03 3000 Mix Design Charley's Concrete 9/9/2022 03 3000 Mix Design Charley's Concrete 9/9/2022 03 3000 Mix Design Charley's Concrete 9/9/2022 03 3000 Mix Design Charley's Concrete 9/9/2022 03 3000 Mix Design Chisholm Trail Redi Mix 9/9/2022 03 3000 Mix Design City Concrete Company 30CAF029 3000 psi Concrete for Sidewalks & ADA Ramps 01JAF382 1000 psi Concrete Base Material for Trench Repair 40CNF065 4000 psi Concrete for Manholes & Utility Structures 45CAF076 4500 psi Concrete for Hand Placed Paving D 1000000 1737 4500 psi Concrete for Hand Placed Paving D 10000001791 4500 psi Concrete for Hand Placed Paving D 10000001793 4500 psi Concrete for Hand Placed Paving D 10000001103 4500 psi Concrete for Hand Placed Paving D 10000002107 4500 psi Concrete for Hand Placed Paving D 10000001273 4500 psi Concrete for Hand Placed Paving D 1000000 1617 3600 psi Concrete for Machine Placed Paving D 100000083 814500 psi Concrete for HES Paving D 10000009857 50 psi Flowable Fill - CLSM D 10000001055 3000 psi Concrete for Inlets, Junction Boxes, Manholes, Channel Liners, Sidewalks, Driveways, Curb & Gutter D1000001043S 3000 psi Concrete for Sidewalks, Curbs D1000001565S 3000 psi Concrete for Curbs, Curb & Gutters, Sidewalks, Driveways, ADA Ramps D1000001615 3600 psi Concrete for Inlets, Boxes, Encasement, Blocking D 1000000 10613600 psi Concrete for Inlets, Boxes, Encasement, Blocking D 10000001083 S 4000 psi Concrete for Valve Pads, Inlets, Structures, Headwalls, Thrust Blocking D 10000001083 4000 psi Concrete for Valve Pads, Inlets, Structures, Headwalls, Thrust Blocking D 10000001685 4000 psi Concrete for Valve Pads D 10000005751 750 Psi Concrete Base for Trench Repair D 10000001681 4000 psi Concrete for Headwalls, Retaining Walls, Box Culverts, Valley Gutters 7SKGRT 3000 psi Concrete for Grouting 14500AE 4500 psi Concrete for High Early Strength Paving CM14520AE 4500 psi Concrete for Hand Placed Paving 452065-1 4500 psi hand placed paving 450065-1 4500 psi hand placed paving 45U500BG 4500 psi Concrete Mix for Hand Placed Paving, Storm Structures 40U553BG 4000 psi Concrete Mix for Machine Placed Paving 55UI20AG 4000 psi Concrete Mix for High Early Strength Paving 30U100AG 3000 psi Concrete Mix for Pipe Collars, Inlets, Thrust Blocks, Sidewalks, ADA Ramps 30U1O1AG 3000 psi Concrete Mix for Flatwork 30U500BG 3000 psi Concrete Mix for Blocking, Encasement, Curb Inlets, Junction Boxes, Fire Hydrant Pads, Driveways, Curb & Gutters, Sidewalks, ADA Ramps 40U500BG 4000 psi Concrete Mix for Storm Drain Structures, Driveways, Screen Walls, Collars 36U500BG 3600 psi Concrete Mix for Lighting and Traffic Signal Foundations 08Y450BA 800 psi Concrete Mix for Base for Trench Repair 01Y690BF 100 psi Concrete Mix for Flowable Fill IOYH50BF 1000 psi Concrete Base Material for Trench Repair FWCC602021 4500 psi concrete for Hand Placed Paving FWCC552091 3600 psi for Machine Placed Paving FWCC602091 3600 psi for Machine Placed Paving FWCC359101 Flowable Fill - CLSM FWFF237501 Flowable Fill - CLSM FWCC602001 4000 psi Concrete for Storm Drain Structures, Manholes, Headwalls, Retaining Walls, Valley Gutters, Drive Approaches FWCC502021 3500 psi concrete for Sidewalks, Driveways, Ramps, Curb & Gutter FWCC502001 3000 psi for Sidewalks, Driveways, Ramps, Curb & Gutter, Flatwork 4142 3600 psi Concrete for Curb Inlets, Junction Boxes 4518 4000 psi Concrete for Headwalls, Wingwalls 5167 3600 psi Concrete Mix for Machine Placed Paving 4609 4500 psi Concrete Mix for Hand Placed Paving, Manholes 6103 4500 psi Concrete Mix for Hand Placed Paving, Manholes 4502 3000 psi Concrete Mix for Sidewalks 3759 3000 psi Concrete Mix for Sidewalks 1502 150 psi Concrete for Flowable Fill-CLSM 1518 150 Psi Concrete for Flowable Fill-CLSM 5642 4000 psi Concrete for Storm Drain Structures 6595 5000 psi Concrete Mix for High Early Strength Paving 6589 4500 psi Concrete Mix for High Early Strength Paving C13020AE 3000 psi Concrete for Driveways, Curb & Gutter 11-350-FF 50-150 psi Concrete for Flowable Fill-CLSM FORT WORTH CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 09/07/2023 Concrete (Continued) 9/9/2022 03 30 00 Mix Design City Concrete Company 30HA25II 3000 psi Concrete for Rip -Rap 9/9/2022 03 30 00 Mix Design City Concrete Company 30HA20II 3000 psi Concrete Mix for Blocking, Sidewalks, Flatwork, Pads 9/9/2022 03 30 00 Mix Design City Concrete Company 45NG251I 3600 psi Concrete Mix for Drilled Shafts/Lighting and Traffic Signal Foundations 9/9/2022 03 30 00 Mix Design City Concrete Company 50QG251I 3600 psi Slurry Displaced Drilled Shaft 9/9/2022 03 30 00 Mix Design City Concrete Company 45NA20II 4500 psi Concrete Mix for Hand Placed Paving 9/9/2022 03 30 00 Mix Design City Concrete Company 36LA2011 3600 psi Concrete Mix for Machine Placed Paving 9/9/2022 03 30 00 Mix Design City Concrete Company 36JAOOIJ 3600 psi Concrete Mix for Machine Placed Paving 9/9/2022 03 30 00 Mix Design City Concrete Company 40LA2011 4000 psi Concrete Mix for Storm Drain Structures 11/16/2022 03 30 00 Mix Design City Concrete Company CLNG251I 3600 psi Concrete for Drilled Shaft/Lighting and Traffic Signal Foundations 5/5/2023 03 30 00 Mix Design City Concrete Company CCNA25OAG 3600 psi Concrete for Drilled ShaftsLighting and Traffic Signal Foundations 5/5/2023 03 30 00 Mix Design City Concrete Company CSSQA25OAG 3,600 psi Concrete for Slurry Displacement Shafts, Underwater Shafts 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 250 3000 psi Concrete Mix for Sidewalks, Driveways, ADA Ramps 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 350 3000 psi Concrete Mix for Sidewalks, Driveways, ADA Ramps 9/9/2022 0334 13 Mix Design Cow Town Redi Mix 9 70 psi Flowable Fill - CLSM 9/9/2022 0334 13 Mix Design Cow Town Redi Mix 9-5-2 70 psi Flowable Fill - CLSM 9/9/2022 0334 13 Mix Design Cow Town Redi Mix 220-8 50 psi Concrete Mix for Flowable Fill - CLSM 9/9/2022 0334 13 Mix Design Cow Town Redi Mix 320-8 50 psi Concrete Mix for Flowable Fill - CLSM 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 230-8 750 psi Concrete Base Material for Trench Repair 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 330-58 750 psi Concrete Base Material for Trench Repair 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 353 3000 psi Concrete Mix for Sidewalks, ADA Ramps, Driveways, Curb & Gutter, Safety End Treatments, Non-TxDOT Retaining Walls 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 253-W 3000 psi Concrete Mix Sidewalks, ADA Ramps, Driveways, Curb & Gutter, Safety End Treatments, Non-TxDOT Retaining Walls 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 260 4000 psi Concrete Mix for Bridge Slabs, Box Culverts, Headwalls 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 260-1 3600 psi Concrete Mix for Headwalls 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 260-2 3600 psi Concrete Mix for Box Culverts, Headwalls 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 360 4000 psi Concrete Mix for Bridge Slabs, Box Culverts, Headwalls 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 360-1 3600 psi Concrete Mix for Box Culverts, Headwalls, Wingwalls 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 264-N 4500 psi Concrete Mix for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 366 4500 psi Concrete Mix for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 265 4500 psi Concrete Mix for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 365 4500 psi Concrete Mix for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 370-NC 4500 psi Concrete for HES Paving 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 370-INC 5000 psi Concrete for HES Paving 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 375-NC 5000 psi Concrete for HES Paving 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 267 4200 psi Concrete Mix for Manholes and Drainage Structures 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 270 5000 psi Concrete Mix for Cast -in -Place Box Culverts 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 370 5000 psi Concrete Mix for Cast -in -Place Box Culverts 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 255-2 3000 psi Concrete Mix for Inlets, Thrust Blocking, Concrete Encasement 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 257 3600 psi Concrete mix for Valley Gutters 11/14/2022 32 13 13 Mix Design Cow Town Redi Mix 357-M 3600 psi Concrete Mix for Machine Placed Paving 9/9/2022 33 13 13 Mix Design Cow Town Redi Mix 257-M 3600 psi Concrete Mix for Machine Placed Paving 9/9/2022 34 13 13 Mix Design Cow Town Redi Mix 260-M 4000 psi Concrete Mix for Machine Placed Paving 9/9/2022 35 13 13 Mix Design Cow Town Redi Mix 360-M 4000 psi Concrete Mix for Machine Placed Paving 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 255-LP 3000 psi Concrete Mix for Curb & Gutter 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 355-LP 3000 psi Concrete Mix for Curb & Gutter 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 255 3500 psi Concrete Mix for Flatwork, Inlets, Thrust Blocking Concrete Encasement 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 355 3000 psi Concrete Mix for Inlets, Thrust Blocking, Concrete Encasement 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 365-STX 4000 psi Concrete for Bridge slabs, top slabs of direct traffic culverts, approach slabs 9/9/2022 03 30 00 Mix Design Cow Town Redi Mix 357 3600 psi Concrete Mix for Valley Gutters 6/21/2023 03 30 00 Mix Design Cow Town Redi Mix 360-DS 3600 psi Concrete for Drilled Shaft/Lighting and Traffic Signal Foundation 1/18/2023 03 30 00 Mix Design Cow Town Redi Mix 380-NC 4500 psi Concrete for HES Paving 9/9/2022 03 30 00 Mix Design GCH Concrete Services GCH4000 4000 psi Concrete for for Sidewalks, Ramps, Headwalls, Inlets, and Storm Drain Structures 9/9/2022 03 30 00 Mix Design GCH Concrete Services GCHV5 4000 psi Concrete for Machine Placed Paving 9/9/2022 03 30 00 Mix Design GCH Concrete Services GCH4500 4500 psi Concrete Hand Placed Paving 9/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates C47PV5E5 3000 psi Concrete for Sidewalks, ADA Ramps 9/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates 2MWR-70J23504 3000 psi Concrete for Sidewalks, ADA Ramps 9/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates 2MWR-147QW5D5 3000 psi Concrete Mix for Sidewalks, ADA Ramps 9/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates 2MWR-056PS5D5 4000 psi Concrete Machine Placed Paving 9/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates 2MWR- 16 1 UV5DM 4500 psi Concrete for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates 2MWR- I OMQS50N 4500 psi Concrete for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates 161PS5EM 4500 psi Concrete for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates C47PV5E5 3000 psi Concrete Mix for Sidewalks, ADA Ramps 4/7/2023 03 30 00 mix Design Ingram Concrete & Aggregates IOLQS50N 3,600 psi Concrete for Drilled Shafts/Lighting and Traffic Signal Foundations 9/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates 161PS5EM 4500 psi Concrete Mix for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 1551 3000 psi Concrete Mix for Blocking FORT WORTH CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 09/07/2023 Concrete(Continued) 9/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 5177 3000 psi Concrete Mix for Sidewalks 9/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 1261 3000 psi Concrete Mix for Sidewalks 9/9/2022 4 30 00 Mix Design Holcim - SOR, Inc. 2125 4500 psi Concrete for HES Paving 9/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 1701 4000 psi Concrete Mix for Storm Drain Structures, Sanitary Sewer Manholes, Junction Box 9/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 5409 4000 psi Concrete Mix for Sidewalks, Inlets 9/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 5507 4500 psi Concrete Mix for Hand Placed Paving 12/15/2022 3 30 00 Mix Design Holcim - SOR, Inc. 3741 100 psi concrete for flowable fill/CSLM 9/9/2022 04 30 00 Mix Design Holcim - SOR, Inc. 5017 200 psi Concrete for Base Material for Trench Repair 9/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 9600 3600 psi Concrete for Drill Shafts/Lighting and Traffic Signal Foundations 9/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 1851 4500 psi Concrete for Storm Drain Structures, Hand Placed Paving 12/5/2022 4 30 00 Mix Design Holcim - SOR, Inc. 1822 3600 psi Concrete for Drilled Shafts/Lighting and Traffic Signal Foundations 9/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 1859 4000 psi Concrete for Drilled Shafts/Lighting and Traffic Signal Foundations 4/7/2023 03 30 00 Mix Design Liquid Stone C301D 3,000 psi Concrete for Sidewalks, Approaches, and Driveways. 4/27/2023 03 30 00 Mix Design Liquid Stone C361DNFA 3,600 psi Concrete for Retaining wall, driveway, junction box apron, approach 4/7/2023 03 30 00 Mix Design Liquid Stone C361DHR 3,600 psi Concrete for Drilled Shaft/Lighting and Traffic Signal Foundations 1/24/2023 03 30 00 Mix Design Liquid Stone C451DHR-A 4500psi Concrete for HES Paving 9/9/2022 03 30 00 Mix Design Martin Marietta R2132214 3,000 psi Concrete for Sidewalks & Ramps 9/9/2022 03 30 00 Mix Design Martin Marietta D9490SC 3,000 psi Concrete for Sidewalks & Ramps 9/9/2022 03 30 00 Mix Design Martin Marietta R2131214 3,000 psi Concrete for Sidewalks & Ramps 9/9/2022 03 30 00 Mix Design Martin Marietta R2131314 3,000 psi Concrete for Sidewalks & Ramps 9/9/2022 03 30 00 Mix Design Martin Marietta R2136014 3,000 psi Concrete for Sidewalks & Ramps 9/9/2022 03 30 00 Mix Design Martin Marietta R2136214 3,000 psi Concrete for Sidewalks & Ramps 9/9/2022 03 30 00 Mix Design Martin Marietta R2141224 4,000 psi Concrete for Sidewalks & Ramps 9/9/2022 03 30 00 Mix Design Martin Marietta R2141024 4,000 psi Concrete for Sidewalks & Ramps 9/9/2022 03 30 00 Mix Design Martin Marietta R2136224 3,600 psi Concrete for Curb Inlets 9/9/2022 03 30 00 Mix Design Martin Marietta R2141233 3,600 psi Concrete for Storm Structures, Inlets, Blocking & Encasement 9/9/2022 03 30 00 Mix Design Martin Marietta FLOW25A 50 psi Concrete for Flowable Fill/CLSM 9/9/2022 03 30 00 Mix Design Martin Marietta R2142233 3,600 psi Concrete for Manholes, Inlets & Headwalls 9/9/2022 03 30 00 Mix Design Martin Marietta R2146333 3,600 psi Concrete for Manholes, Inlets & Headwalls, Concrete Encasement 9/9/2022 03 30 00 Mix Design Martin Marietta R21412304,000 psi Concrete for Manholes, Inlets & Headwalls, Valve Pads 9/9/2022 03 30 00 Mix Design Martin Marietta R2146035 4,000 psi Concrete for Manholes, Inlets & Headwalls, Valve Pads 9/9/2022 03 30 00 Mix Design Martin Marietta R2146335 4,500 psi Concrete for Hand Placed Paving, Inlets, Storm Drain Structures 11/2/2022 32 13 13 Mix Design Martin Marietta Q2141N27 4,000 psi Concrete for Machine Placed paving 11/2/2022 32 13 13 Mix Design Martin Marietta Q2141K30 4,000 psi Concrete for Machine Placed Paving 11/2/2022 32 13 13 Mix Design Martin Marietta R2146N36 4,500 psi Concrete for Hand Placed Paving 11/15/2022 33 13 13 Mix Design Martin Marietta R2146K36 4,500 psi Concrete for Hand Placed Paving 11/15/2022 34 13 13 Mix Design Martin Marietta R21461`36 4,500 psi Concrete for Hand Placed Paving 11/2/2022 32 13 13 Mix Design Martin Marietta R2146K36 4,500 psi Concrete for Hand Placed Paving 11/2/2022 32 13 13 Mix Design Martin Marietta R2146N35 / 6.11 sacks / 4,500 psi concrete for Hand Place Paving, Inlets, Manholes, Headwalls 11/2/2022 32 13 13 Mix Design Martin Marietta R2146K34 4,000 psi Concrete for Inlets, Manholes, Headwalls 11/2/2022 32 13 13 Mix Design Martin Marietta R2141N24 4,000 psi Concrete for Sidewalks and Ramps 11/2/2022 32 13 13 Mix Design Martin Marietta R2141K24 4,000 psi Concrete for Junction Boxes, Sidewalks and Ramps 9/9/2022 03 30 00 Mix Design Martin Marietta R2146038 4,500 psi Concrete for Inlets, Storm Drain Structures 9/9/2022 03 30 00 Mix Design Martin Marietta R2146036 4,500 psi Concrete for Hand Placed Paving, Inlets 9/9/2022 03 30 00 Mix Design Martin Marietta R2146042 4,500 psi Concrete for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Martin Marietta R2146242 4,500 psi Concrete for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Martin Marietta R2146236 4,500 psi Concrete for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Martin Marietta D9493SC 4,500 psi Concrete for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Martin Marietta R2147241 4,500 psi Concrete for Hand Placed Paving 4/l/2023 32 1320 Mix Design Martin Marietta R2136N14 / 5.00 sacks / 3,000 psi concrete for Sidewalks 4/l/2023 03 30 00 Mix Design Martin Marietta R2146P33 / 6.01 sacks / 4,000 psi concrete for Bridge Deck 4/l/2023 03 30 00 Mix Design Martin Marietta R2146033 4,000 psi Concrete for Riprap 4/7/2023 32 1320 Mix Design Martin Marietta R2136K14 3,000 psi concrete for sidewalks and ramps 4/7/2023 32 13 13 Mix Design Martin Marietta R2161K70 6,000 psi (3,000 psi @ 24 hrs.) for HES Paving 4/1/2023 03 30 00 Mix Design Martin Marietta 310LBP 3,600 psi Concrete for Retaining Walls 5/22/2023 32 13 13 Mix Design Martin Marietta R2146K37/6.22 sack / 4,500 psi Concrete for Hand Placed Paving 4/l/2023 03 30 00 Mix Design Martin Marietta R2141030 4,000 psi Concrete for Riprap FORT WORTH CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 09/07/2023 Concrete(Continued) 5/3/2023 03 30 00 Mix Design Martin Marietta M7842344 4,000 psi Concrete for Bridge Deck 6/1/2023 32 1320 Mix Design Martin Marietta R2136R20 3,000 psi Concrete for Sidewalks and Ramps 6/1/2023 32 1320 Mix Design Martin Marietta R2136N20 3,000 psi Concrete for Sidewalks and Ramps 6/27/2023 03 30 00 Mix Design Martin Marietta U2146N41 / 6.44sacks / 3,600 psi Concrete for Drilled Shafts / Lighting and Traffic Signal Foundations 6/27/2023 03 30 00 Mix Desaign Martin Marietta U2146K45 / 6.65 sacks / 3,600 psi Concrete for Drilled Shafts / Lighting and Trafic Signal Foundations 8/4/2023 03 30 00 Mix Desaign Martin Marietta U2146R41 / 6.44 sacks / 4,500 psi Concrete for Drilled Piers/Light Pole bases. 8/4/2023 03 30 00 Mix Desaign Martin Marietta R2136R14 / 5.00 sacks / 3,500 psi Concrete for Sidewalks and Ramps 8/4/2023 32 1320 Mix Desaign Martin Marietta R2141R24 / 5.53 / 4,000 psi Concrete for Junction Box, Box Culvert, Sidewalks and Ramps. 8/4/2023 03 30 00 Mix Desaign Martin Marietta R2146R35 / 6.11 / 4,500 psi Concrete for Inlets, Manholes, and Headwalls 8/4/2023 32 13 13 Mix Desaign Martin Marietta R2146R36 / 6.17 / 4,500 psi Concrete for Hand Placed Paving 8/30/2023 03 30 00 Mix Design Martin Marietta R2141R30 / 5.85 SK / 4,000 psi Concrete for Box Culverts & Headwalls 8/4/2023 32 13 13 Mix Desaign Martin Marietta Q214IR27 / 5.69 sacks / 4,000 psi Concrete for Machine Placed Paving 9/9/2022 32 1320 Mix Design NCS Redi Mix NCS5020A 3000 psi Concrete Mix for Curb & Gutter, Driveways, Sidewalks 9/9/2022 03 30 00 Mix Design NBR Ready Mix TX C-YY 3000 psi Concrete Mix for Curb Inlets 9/9/2022 03 30 00 Mix Design NBR Ready Mix TX C-NY 3000 psi Concrete Mix for Curb Inlets 7/10/2023 03 30 00 Mix Desing Osburn 30A50MR / 5 SK / 3,000 psi Concrete for Sidewalks 7/10/2023 32 13 13 Mix Design Osburn 45A60MR / 6 SK / 4,500 psi Concrete for Hand Placed Paving 1/24/2023 03 30 00 Mix Design Rapid Redi Mix RRM6320AHP 4500 psi Concrete for Hand Placed Paving 1/24/2023 03 30 00 Mix Design Rapid Redi Mix RRM5525A 3600 psi Concrete for Valley Gutters, Sidewalks, Approaches, ADA Ramps 1/18/2023 03 30 00 Mix Design Rapid Redi Mix RRM6020ASS 4000 psi Concrete for Strom Drain Structures 1/18/2023 03 30 00 Mix Design Rapid Redi Mix RRM5320A 3000 psi Concrete for Blocking 1/18/2023 03 30 00 Mix Design Rapid Redi Mix RRM5020A 3000 psi Concrete for Curb, Gutter, Driveways, Sidewalk, Ramps 9/9/2022 03 30 00 Mix Design Redi-Mix DCA2E554 3000 psi Concrete Mix for Rip Rap 9/9/2022 03 30 00 Mix Design Redi-Mix VOJ11524 3000 psi Concrete Mix for Curb & Gutter 9/9/2022 0334 13 Mix Design Redi-Mix FOCI 0021215 psi Flowable Fill - CLSM 9/9/2022 03 30 00 Mix Design Redi-Mix 1OJ11524 3000 psi Concrete Mix for Driveways, Sidewalks, ADA Ramps 9/9/2022 03 30 00 Mix Design Redi-Mix IOJ11504 3000 psi Concrete Mix for Sidewalks 9/9/2022 03 30 00 Mix Design Redi-Mix IOL11504 3,600 psi Concrete Mix for Sidewalks, Curb & Gutter 9/9/2022 03 30 00 Mix Design Redi-Mix IOL11524 3600 psi Concrete Mix Manholes, Inlets, Junction Boxes, Headwalls 9/9/2022 03 30 00 Mix Design Redi-Mix 1RJ11524 3500 psi Concrete Mix for Thrust Blocks, Valve Pads 9/29/2022 03 30 00 Mix Design Redi-Mix IOL21524 4000 psi Concrete Mix for Manholes 9/9/2022 03 30 00 Mix Design Redi-Mix 15611524 4000 psi Concrete Mix for Cast -in -Place Storm Drain Structures 9/9/2022 03 30 00 Mix Design Redi-Mix IOL115E4 3600 psi Concrete Mix for Bridge substructures 9/9/2022 03 30 00 Mix Design Redi-Mix 156115D4 4000 psi Bridge Slabs 9/9/2022 0334 13 Mix Design Redi-Mix F35238VN 100 psi Flowable Fill - CLSM 9/9/2022 0334 13 Mix Design Redi-Mix FOD138VM 100 psi Flowable Fill - CLSM 9/9/2022 0334 13 Mix Design Redi-Mix IOJ11554 3000 psi Concrete Mix for Rip -Rap 9/9/2022 03 30 00 Mix Design Redi-Mix POG138K9 1000 psi Concrete Mix for Trench Repair Base Material 9/9/2022 03 30 00 Mix Design Redi-Mix 1OKI 1524 3600 psi Concrete Mix for Encasement 9/9/2022 03 30 00 Mix Design Redi-Mix ION11507 4500 psi (2600 psi @ 24 hrs.) Concrete Mix for HES Paving 9/9/2022 03 30 00 Mix Design Redi-Mix ION11504 5000 psi (3600 psi @ 2 days) Concrete Mix for HES Paving 9/9/2022 03 30 00 Mix Design Redi-Mix 50KI 1524 3600 psi Concrete Mix for Machine Placed Paving 9/9/2022 03 30 00 Mix Design Redi-Mix IOMI 15134 4500 psi Concrete Mix for Hand Placed Paving, Storm Drain Structures 9/9/2022 03 30 00 Mix Design Redi-Mix 10MI 1524 4500 psi Concrete Mix for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Redi-Mix 1OMI 1504 4500 psi Concrete Mix for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Redi-Mix 145CD5P4 4500 psi Concrete Mix for Hand Placed Paving, Storm Drain Structures 11/2/2022 03 30 00 Mix Design Redi-Mix 145P25P4 4500 psi Concrete for Storm Drain Structures 12/5/2022 03 30 00 Mix Design Redi-Mix IOKI 15C4 3500 psi Concrete for Thrust Blocks, Valve Pads 12/5/2022 03 30 00 Mix Design Redi-Mix 156115C4 4000 psi Concrete for CIP Storm Drain Structures 12/5/2022 03 30 00 Mix Design Redi-Mix IOL115C4 3600 psi Concrete for Manhole, Inlet, Junction Box, Headwall 5/15/2023 03 30 00 Mix Design Redi-Mix 80LI 15135 3600 psi Concrete for Drilled Shafts/Lighting and Traffic Signal Foundations 5/15/2023 03 30 00 Mix Design Redi-Mix I ON115D6 Slurry Displacement Shafts, Underwater Drilled shafts 9/9/2022 0334 13 Mix Design SRM Concrete 30000 3,000 psi Concrete for Sidewalks and Ramps, Curb & Gutter 9/9/2022 0334 13 Mix Design SRM Concrete 40050 4,000 psi Concrete for Headwalls, Retaining Wall, Collars 9/9/2022 03 30 00 Mix Design SRM Concrete 35023 3,600 psi Concrete for Machine Placed Paving 9/9/2022 03 30 00 Mix Design SRM Concrete 40068 3,600 psi Concrete for Machine Placed Paving 9/9/2022 03 30 00 Mix Design SRM Concrete 45000 4,500 psi Concrete for Hand Placed Paving 9/9/2022 03 30 00 Mix Design SRM Concrete 45300 4,500 psi Concrete for Hand Placed Paving 9/9/2022 03 30 00 Mix Design SRM Concrete 40326 4,500 (3,00 @ 3-days) psi Concrete for HES Paving 10/10/2022 03 30 00 Mix Design SRM Concrete 35000 3600 psi Concrete for Sewer Manholes 10/10/2022 03 30 00 Mix Design SRM Concrete 35300 3600 psi Concrete for Swere Manholes 9/9/2022 03 30 00 Mix Design SRM Concrete 35022 3,600 psi Concrete for Junction Box, Retaining Walls 9/9/2022 03 30 00 Mix Design SRM Concrete 30050 3,000 psi Concrete for Sidewalks, Ramps, Inlets, Junction Boxes, Thrust Blocks, Curb and Gutter, Driveways, Barrier Ramp 2/10/2023 03 30 00 Mix Design SRM Concrete 50310 5,000 psi Concrete for HES Paving 1/13/2023 32 13 13 Mix Design SRM Concrete 45023 4,500 psi Concrete for Hand Placed Paving 5/5/2023 03 30 00 Mix Design SRM Concrete D100008553CB 4,000 psi Concrete for Bdridge Approach Slab, Deck Slab 9/9/2022 03 30 00 Mix Design Tarrant Concrete FW6020AHP 4500 psi Concrete Mix for Hand Placed Paving FORT WORTH CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 09/07/2023 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 10/10/2022 10/10/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 11/26/2022 12/5/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 9/9/2022 Concrete(Continued) 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 0334 13 Mix Design 0334 13 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design 03 30 00 Mix Design Asphalt Pavin ; 32 12 16 Mix Design 32 12 16 Mix Design 32 12 16 Mix Design 32 12 16 Mix Design 32 12 16 Mix Design 32 12 16 Mix Design 32 12 16 Mix Design 32 12 16 Mix Design 32 12 16 32 12 16 33 12 16 32 12 16 32 12 16 32 12 16 32 12 16 32 1216 32 12 16 32 12 16 32 12 16 32 1216 Mix Design Mix Design Mix Design Mix Design Mix Design Mix Design Mix Design Mix Design Mix Design Mix Design Mix Design Mix Design Detectable Warning Surface 9/9/2022 32 1320 DWS - Pavers 9/9/2022 32 1320 DWS - Pavers 9/9/2022 32 1320 DWS - Composite 9/9/2022 32 1320 DWS - Composite 4/7/2023 32 1320 DWS - Pavers Silicone Joint Sealant 9/9/2022 32 1373 Joint Sealant 9/9/2022 32 1373 Joint Sealant 9/9/2022 32 1373 Joint Sealant 9/9/2022 32 1373 Joint Sealant Tarrant Concrete Tarrant Concrete Tarrant Concrete Tarrant Concrete Tarrant Concrete Tarrant Concrete Tarrant Concrete Tarrant Concrete Tarrant Concrete Tarrant Concrete Tarrant Concrete Tarrant Concrete Titan Ready Mix Tarrant Concrete Tarrant Concrete Titan Ready Mix True Grit Redi Mix FW60AHP 4500 psi Concrete Mix for Hand Placed Paving TCFW6020AHP 4500 psi Concrete Mix for Hand Placed Paving FW7520AMR 4500 (3000 psi @ 3-days) psi Concrete HES Paving FW6520AMR 4500 (3000 psi @ 3-days) psi HES Paving FW5520AMP 3600 psi Concrete for Machine Placed Paving FW5320A 3000 psi Concrete Mix for Blocking FWFF150CLSM 50-150 psi Flowable Fill - CLSM FWFF275 50-150 psi Flowable Fill - CLSM FW6020A2 4000 psi Concrete Mix for Storm Drain Structures TCFW6025A2 4000 psi Concrete for Manholes TCFW5020A 3000 psi Concrete for Sidewalks FW5025A 3000 psi Concrete Mix for Curb & Gutter, Driveways, Sidewalks, ADA Ramps 3020AE 3000 psi Concrete for Sidewalks CP5020A 3000 psi Concrete Mix for Curb and Gutter FW5525A2 3600 psi Concrete Mix for Sidewalks, Drive Approaches, ADA Ramp TRC4520 4500 psi Concrete for Hand Placed Paving 0250.230 3000 psi Concrete Mix for Flatwork, Curb & Gutter, Driveways, Sidewalks, ADA Ramps True Grit Redi Mix 270.230 5000 psi Concrete for Hand Placed Paving True Grit Redi Mix 0250.2301 3000 psi Concret Mix for Curb & Gutter, Driveways, Sidewalks, ADA Ramps True Grit Redi Mix 0260.2302 4000 psi Concrete Mix for Machine Placed Paving True Grit Redi Mix 0255.2301 3600 psi Concrete Mix for Machine Placed Paving True Grit Redi Mix 0260.2301 4500 psi Concrete Mix for Hand Placed Paving True Grit Redi Mix 0265.2301 4500 psi Concrete Mix for Valley Gutters, Hand Placed Paving Wise Redi Mix 3678 3600 psi Concrete Mix for Lighting and Traffic Signal Foundations Austin Asphalt Austin Asphalt Austin Asphalt Austin Asphalt Austin Asphalt Reynolds Asphalt Reynolds Asphalt Reynolds Asphalt Sunmount Paving Sunmount Paving Sunmount Paving Sunmount Paving TXBIT TXBIT TXBIT TXBIT TXBIT TXBIT TXBIT TXBIT FT51)137965 PG64-22 Type D Fine Surface DA51)135965 PG64-22 Type D Fine Surface FT513117965 PG64-22 Type B Fine Base FTIB139965 PG64-22 Type B Fine Base FT B 117.2 PG64-22 Type B Fine Base 1901 D PG64-22 Type D Fine Surface 1112B PG64-22 Type B Fine Base 1612B PG64-22 Type B Fine Base 341DV6422 PG64-22 Type D Fine Surface 340DV6422 PG64-22 Type D Fine Surface 3076BV6422 PG62-22 Type B Fine Base 341-BRAP6422ERG PG64-22 Type B Fine Base 37-211305-20 PG64-22 Type B Fine Base 44-211305-17 PG64-22 Type B Fine Base 211305 (1757) PG64-22 Type B Fine Base 222475 (1857) PG64-22 Type D Fine Surface 29-222475-19 PG64-22 Type D Fine Surface 1-222475-20 PG64-22 Type D Fine Surface 64-224125-18 PG70-22 Type D Fine Surface 12-222475-19 PG64-22 Type D Fine Surface Pine Hall Brick (Winston Salem, NC) Tactile Pavers Western Brick Co. (Houston, TX) Detectable Warning Pavers Engineered Plastics, Inc. (Williamsville, Armor Tile ADA Solutions (Wilmington, MA) Heritage Brick CIP Composite Paver ADA Solutions (Wilmington, MA) Detectable Warning Pavers Dow 890SL - Cold Applied, Single Component, Silicone Joint Sealant Tremco 900SL - Cold Applied, Single Component, Silicone Joint Sealant Pecora 300SL - Cold Applied, Single Component, Silicone Joint Sealant Crafco RoadSaver Silicone - Cold Applied, Single Component, Silicone Joint Sealant ASTM D5893 ASTM D5893 ASTM D5893 ASTM D5893 FORT WORTH CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 09/07/2023 Utility Trench Embedment Sand 9/9/2022 33 05 10 Embedment Sand Silver Creek Materials Utility Embedment Sand ASTM C33 9/9/2022 3305 10 Embedment Sand Crouch Materials Utility Embedment Sand ASTM C33 9/9/2022 3305 10 Embedment Sand F and L Dirt Movers Utility Embedment Sand ASTM C33 9/9/2022 3305 10 Embedment Sand F and L Dirt Movers Utility Embedment Sand ASTM C33 9/9/2022 3305 10 Embedment Sand Tin Top Martin Marietta Utility Embedment Sand ASTM C33 Storm Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 9/28/2018 33 05 13 Manhole Frames and Covers AccuCast (Govind Steel Company, LTD) MHRC #220605 (Size - **24" Dia.) ASTM A48 AASHTO M306 9/28/2018 33 05 13 Manhole Cover Neenah Foundry NF-1274-T91 (Size - 32" Dia.) ASTM A48 AASHTO M306 9/28/2018 33 05 13 Manhole Frames and Covers Neenah Foundry NF-1743-LM (Hinged) (Size - 32" Dia.) ASTM A48 AASHTO M306 9/28/2018 33 05 13 Manhole Frame Neenah Foundry NF-1930-30 (Size - 32.25" Dia.) ASTM A48 AASHTO M306 9/28/2018 33 05 13 Manhole Frames and Covers Neenah Foundry R-1743-HV (Size - 32" Dia.) ASTM A48 AASHTO M306 4/3/2019 33 05 13 Manhole Frames and Covers SIP Industries ++ 2279ST (Size - 24" Dia.) ASTM A48 AASHTO M306 4/3/2019 33 05 13 Manhole Frames and Covers SIP Industries ++ 2280ST (Size - 32" Dia.) ASTM A48 AASHTO M306 10/8/2020 33 05 13 Manhole Frames and Covers EJ ( Formally East Jordan Iron Works) EJ1033 Z2/A (Size - 32.25" Dia.) ASTM A536 AASHTO M306 **Note: All new development and new installation manhole lids shall meet the minimum 30-inch opening requirement as specified in City Specification 33 0513. Any smaller opening sizes will only be allowed for existing manholes that require replacement frames and covers. FORT WORTH CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 09/07/2023 Storm Sewer - Inlet & Structures 33-05-13 10/8/2020 33 49 20 Curb Inlets 10/8/2020 33 49 20 Curb Inlets 10/8/2020 33 49 20 10/8/2020 10/8/2020 10/8/2020 10/8/2020 10/8/2020 10/8/2020 10/8/2020 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 3/19/2021 8/28/2023 33 49 20 33 39 20 33 39 20 33 39 20 33 39 20 33 39 20 33 39 20 33 49 20 33 49 20 33 49 20 33 39 20 33 39 20 33 39 20 33 39 20 33 39 20 33 39 20 33 39 20 33 39 20 33 39 20 33 39 20 33 39 20 33 39 20 33 39 20 33 39 20 33 39 20 33 49 20 33 49 20 33 49 20 33 49 10 Curb Inlets Curb Inlets Manhole Manhole Manhole Manhole Manhole Manhole Curb Inlets Curb Inlets Curb Inlets Manhole Manhole Manhole Manhole Manhole Manhole Manhole Manhole Manhole Manhole Manhole Manhole Manhole Manhole Manhole Drop Inlet Drop Inlet Drop Inlet Manhole Forterrra Forterrra Forterrra Forterrra Forterrra Forterrra Forterrra Forterrra Forterrra Forterrra Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Thompson Pipe Group Oldcastle 8/28/2023 33 49 10 Manhole Oldcastle 8/28/2023 3349 10 Manhole Oldcastle 8/28/2023 33 49 10 Manhole Oldcastle 8/28/2023 33 49 10 Manhole Oldcastle 8/28/2023 33 49 10 Manhole Oldcastle 8/28/2023 3349 10 Manhole Oldcastle 8/28/2023 33 49 10 Manhole Rinker Materials 8/28/2023 33 39 20 Curb Inlet 10 'x 3' Riser Thompson Pipe Group 8/28/2023 33 39 20 Curb Inlet 15 'x 3' Riser Thompson Pipe Group FRT-lOx3-405-PRECAST** (Size - 10' X 3') FRT-lOx3-406-PRECAST** (Size - 10' X 3') FRT-lOx4.5-407-PRECAST** (Size - 10' X 4.5') FRT-lOx4.5-420-PRECAST** (Size - 10' X 4.5') FRT-4X4-409-PRECAST-TOP (Size - 4' X 4') FRT-4X4-409-PRECAST-BASE (Size - 4' X 4') FRT-5X5-410-PRECAST-TOP (Size - 5' X 5') FRT-5X5-410-PRECAST-BASE (Size - 5' X 5') FRT-6X6-411-PRECAST-TOP (Size - 6' X 6') FRT-6X6-411-PRECAST-BASE (Size - 6' X 6') TPG-lOX3-405-PRECAST INLET** (Size - 10' X 3') TPG-15X3-405-PRECAST INLET** (Size - 15' X 3') TPG-20X3-405-PRECAST INLET** (Size - 20' X T) TPG-4X4-409-PRECAST TOP (Size - 4' X 4') TPG-4X4-409-PRECAST BASE (Size - TX 4') TPG-4X4-412-PRECAST 4-FT RISER (Size - 4' X 4') TPG-5X5-410-PRECAST TOP (Size - 5' X 5') TPG-5X5-410-PRECAST BASE (Size - 5' X 5') TPG-5X5-412-PRECAST 5-FT RISER (Size - 5' X 5') TPG-6X6-411-PRECAST TOP (Size - 6' X 6') TPG-6X6-411-PRECAST BASE (Size - 6' X 6') TPG-6X6-412-PRECAST 6-FT RISER (Size - 6' X 6') TPG-7X7-411-PRECAST TOP (Size - TX T) TPG-7X7-411-PRECAST BASE (Size - TX T) TPG-7X7-412-PRECAST 4-FT RISER (Size - TX T) TPG-8X8-411-PRECAST TOP (Size - 8' X 8') TPG-8X8-411-PRECAST BASE (Size - 8' X 8') TPG-8X8-412-PRECAST 5-FT RISER (Size - 8' X 8') TPG-4X4-408-PRECAST INLET (Size - 4' X 4') TPG-5X5-408-PRECAST INLET (Size - 5' X 5') TPG-6X6-408-PRECAST INLET (Size - 6' X 6') Precast 4' x 4' Stacked Manhole (Size - 4' X 4') Precast 5' x 8' Storm Junction Box (Size - 5' X 8') Precast 4' x 4' Storm Junction Box (Size - TX 4') Precast 5' x 5' Storm Junction Box (Size - 5' X 5') Precast 6' x 6' Storm Junction Box (Size - 6' X 6') Precast 8' x 8' Storm Junction Box Base (Size - 8' X 8') Precast 5' x 8' Storm Junction Box Base (Size - 5' X 8') Reinforced 48" Diameter Spread Footing Manhole (Size - 4' X 4') Inlet Riser (Size - 3 FT) Inlet Riser (Size - 3 FT) 8/28/2023 33 39 20 Curb Inlet 20' x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT) **Note: Pre -cast inlets are appoved for the stage I portion of the structure (basin) only. Stage II portion of the structure are required to be cast in place. No exceptions to this requirement shall be allowed. Storm Sewer - Pipes & Boxes 33-05-13 4/9/2021 3341 13 Storm Drain Pipes Advanced Drainage Systems, Inc. (ADS) ADS HP Storm Polypropylene (PP) Pipe (Size - 12" - 60") 8/28/2023 33 49 10 Storm Drain Pipes Rinker Materials Reinforced Concrete Pipe Tongue and Groove Joint Pipe (Size - 2 1 " or larger) 8/28/2023 33 49 10 Culvert Box Rinker Materials Reinforced Concrete Box Culvert (Sze - Various) ASTM C913 ASTM C913 ASTM C913 ASTM C913 ASTM C913 ASTM C913 ASTM C913 ASTM C913 ASTM C913 ASTM C913 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM 615 ASTM C478 ASTM C478 ASTM C478 ASTM C478 ASTM C478 ASTM C478 ASTM C478 ASTM C433 ASTM C913-16 ASTM C913-16 ASTM C913-16 I_[.91 Yu i�f►•1:%��:��e`.yal Cal► klCil; ASTM C76, C655 ASTM C789, C850 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 Note: All water or sewer pipe larger than 1S inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding maybe required for some pipes. Approval IModel INational Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) ` 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra -Seal P-201 ASTM D2240/D412/1)792 04/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-001 04/26/00 33 05 13 Profile Gasket for 4' Diam. MIR. Press -Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH 1126199 33 05 13 HOPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non -traffic area 5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation System er - Manholes & Bases/Fiberelass 33-39-13 (1/8/13 1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowti[e ASTM 3153 Non -traffic area 08/30/06 33 39 13 Fiberglass Manhole L.F. Manufacturing Non -traffic area 1 j Water & Sewer - Manholes & Bases/Frames & Covers/Rectammlar 33-05-13 (Rev 2/3/16) 1 * 33 05 13 (Manholc Frames and Covers Western Iron Works, Bass & Hays Foundry 1001 24"x40" WE) Water & Sewer - Manholes & Bases/Frames & Covers/Standard Boundl 33-05-13 (Rev 2/3/16) 3305 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 30024 24" Dia. * 3305 13 Manhole Frames and Covers McKinley Iron Works Inc. A 24 AM 24" Dia. 1 08/24/18 3305 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. 1 08/24/18 3305 13 Manhole Frames and Covers Neenah Foundry R- 165-LM (Hinged) ASTM A48 & AASHTO M306 24" Dia. 1 08/24/18 3305 13 Manhole Frames and Covers Neenah Foundry NF 1274 ASTM A48 & AASHTO M306 30" Dia. 1 08/24/18 3305 13 Manhole Frames and Covers Neenah Foundry R-1743-LM (Hinged) ASTM A48 & AASHTO M306 30" dia. 1 33 05 13 Manhole Frames and Covers Sigma Corporation MH-144N 1 33 05 13 Manhole Frames and Covers Sigma Corporation MH-143N 1 33 05 13 Manhole Frames and Covers Pont-A-Mousson GTS-STD 24" dia. 1 33 05 13 Manhole Frames and Covers Neenah Casting 24" dia. 1 10/31/06 33 05 13 Manhole Frames and Covers (Hinged) Powerseal Hinged Ductile Iron Manhole ASTM A536 24" Dia. 1 7/25/03 3305 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus) RE32-R8FS 30" Dia. 1 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. 11/02/10 3305 13 30" Dia. MH Ring and Cover Sigma Corporation MH165IFWN & MH16502 30" Dia 1 07/19/1 t 3305 13 30" Dia. MH Ring and Cover Star Pipe Products NIH32FTWSS-DC 30" Dia 1 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 ASSEITO MI 05 & ASTM A536 30" Dia 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/ Lack .111111 33 OS 13 30" Dia. MH Ring and Cover Composite Access Products, L.P. w/o Hmg 30" Dia. 10/07/21 3405 13 30" Dia. MH Ring and Cover Trumbull Manufacturing 32"(30") Frame and Cover 30" Dia. Water &der - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/1� 33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight 24" Dia. * 3305 13 Manhole Frames and Covers Neenah Casting 24" Dia. * 3305 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia. * 3305 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia. 03/08/00 3305 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia. 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. �Wr - Manholes & Bases/Precast Concrete l2ev 33 39 10 Manhole, Precast Concrete 1/8/13 Hydro Conduit Corp SPL Item 449 ASTM C 478 41" * 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. hic. ASTM C-443 48" 09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone 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" 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 1 06/09/10 33 39 10 Manhole, Precast (Reinforced Polymer)Conaete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72" 1 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 Manhole, Precast Concrete Forterra Pipe and Precast 48" I.D. Manhole w/32" Cone ASTM C-77 48" 10/07/21 33 3920 Manhole, Precast (Reinforced Polymer) Concrete Armorock 48" & 60" I.D. Manhole w/32" Cone 48" & 60" 10/07/21 33 3920 Manhole, Precast (Hybrid) Polymer & PVC Predl Systems 48" & 60" I.D. Manhole w/32" Cone 48" & 60" Non Traffic Areas ASTM C-478; ASTM C-923; 03/07/23 33 3920 Manhole, Precast Concrete AmeriTex Pi a and Products, LLC 48" & 10" I.D. Manhole w/32" Cone ASTM C-443 03/07/23 33 3920 IManhole, Precast (Reinforced Pol er) Concrete P3 Polymers, RockHards 48" & 60" I.D. Manhole w/32" Cone 04/28/07 IManholc, Precast (Reinforced Polymcr) Concrete Amitech USA Meyer Polycrete Pipe Eater & Sewer - Manholes & Bases/Rehab Svstems/Cementitlous EI-14 Manhole Rehab Systems Quadex 04/23/01 EI-14 Manhole Rehab Systems Standard Cement Materials, Inc. Relmer MSP E1-14 Manhole Rehab Systems AP/M Permaform 4120101 E I-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System 5/12/03 EI-14 Manhole Rehab System (Liner) Triplex Lining System MH repair product to stop infiltration ASTM D5813 08/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repair Product Mise. Use * From Original Standard Products List CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 Note: All water or sewer pipe larger than 1S inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding maybe required for some pipes. Approv pec No./ IManufacturer Model1. National Spec Water &Sewer - an o es Bases/Rehab Svstems/NonCementitiousI mmmmw`Moir 05/ 00/96 E1-14 Manhole Rehab Systems Sprayroa, Spray Wall Polyurethane Coating ASTM D639/D790 I 12/14/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion) Structures Only I01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1BB, Sl, S2 Acid Resistance Test Sewer Applications I8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications » v�33 nu�pP�ooung i�P�ayolloull- x `Structures 03/19/18 I 39 20� Coating for Corrosion orotection(Exterim) Sherwin Williams Grade (Asohatic Emulsion) Only I 33 05 13 Manhole Insert ME Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia. I * 33 05 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia. I I * 3305 13 Manhole Insert Noflow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia. I I 09/23/96 3305 13 Manhole Insert Scuthwestcon Packing & Seals, Inc. Lifesaver - Stainless Steel For 24" dia. I I 09/23/96 3305 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel For 24" dia I I 711111.72 ara e�Sewer - Pine Casim SDacers 33-05-24 (07/01/13) I Steel Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI IO2/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI I04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers I09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer Up to 48" I09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casin Spacers Up to 48" I 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48" 03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainleas Steel) 03/19/18 Casing Spacers BWM FB-12 Casing Spacer (Coated Carbon Steel) for Non_pressure Pipe and Grouted Casing 03/29/22 33 05 13 Casing Spacers CCI Pipeline Systems CSC12, CSS12 PEW I Water & Sewer - Pines/Ductile Iron 33-11-10(1/8/13) i I * 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AW WA C150, C151 3" thrn 24" OS/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Fastite Pipe (Bell Spigot) AW WA C150, C151 4" thrn 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" thin 30" * 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AW WA C150, C151 * 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AW WA C150, C151 I Water & Sewer - Utility Line Marker (08/24/2018) I I ewer - Coatinss/EDD -39-60 (01/08/13) I INEK 02/25/02 Epoxy Lining System Sauereisen, Inc SewerGard 21 ORS LA County 9210-1.33 I 12/14/01 Epmv Lmmg System Ertech Technical Coatings Ertcch 2030 and 2100 Series I I 04/14/05 Interim 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, S1HB, 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 I INNE Sewer - Coatings/Polvurethane I I Sewer - Combination Air Valves I I 05/25/18 I 33-31-70 Air Release Valve A.R.I. USA, Inc. D121LTP02(Compwite Body) 2" I I Sewer - Pines/Concrete I * EI-04 C. Pipe, Reinforced Wall Concrete Pipe Co. Inc. ASTM C 76 I E I-04 Conc. Pipe, Reinforced Hydro Condun Corporation Class III T&G, SPL Item #77 ASTM C 76 I I E I-04 Conc. Pipe, Reinforced Hanson Concrete Products SPL item 495 hirsaliele, 998 Pipe ASTM C 76 I IE I-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76 I I Sewer - Pine Enlargment Svstem (Method)33-31-23 (01/18/13). I Svstem PIM Corporation Polyethylene PIM Corp., Piscata Way, N.J. Approved Previously �Plm McConnell Systems McLat Construction Polyethylene Houston, Texas Approved Previously I TRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously I I Sewer - PiDe/Fibere as_ss Reinforced/ 33-31-13(1/8/13) I Hobas Pipe USA, Inc. Holies Pipe (Non -Pressure) ASTM D3262/D3754 I 7/21 /97 33 31 13 Cent. Cast Fiberglass (FRP) I 03/22/10 333 13 Fiberglass It,. (FRP) Ameroa Bondstmod RPMP Pipe AST- D3262-3154 I 04/09/21 33 31 13 Glass -Fiber Reinforced Polviner Pipe FRP Thompson Pie Group Thompson Pipe Flowtite ASTM D32621D3754 03/07/23 3331 13 lFiber.lass Pine (FRP) Future Pine Industries Fiberstron¢ FRP ASTM D3212. ASTM D3681. ASTM D4161. AW WA M45 Sewer - PiDe/Polvmer Pine 4/14/OS Polvmer Modified Concrete Pioe Amrtech USA Meyer Polycrete Pioe ASTM C33, A276, F477 8" tp 1112", Class V I06/09/10 El-9 Reinforced Polymer Concrete Pipe US Composite Pipe Reinforced Polymer Concrete Pioe ASTM C-76 I I I /HDPE 33-31-23(1/8/13) * From Original Standard Products List CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 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 I ' hdsity polyethylene pipe Phillips Driswpipe, Inc. Opticore Ductile Polyethylene Pipe ASTM D 1248 8" I * gh-density polyethylene pipe �'Ih�gh_d_maitv PI- Inc. ASTM D 1248 8" * gh-density polyethylene pipe Polly Pipe, Inc. ASTM D 1248 8" polyethylene pipe CSR Hydro CondmUPioelme Systems McConnell Pipe Enlargement ASTM D 1248 Sewer - PiDes/PVC (Pressure Sewer) 33-11-12 (4/1/13) 12/02/11 33-11-1� DR -Id PVC Pressure Pipe Prpelife Jetstream PVC PressurePipe AWWA C900 4"[tiro 12" 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AW WA C900 4" thru 12" 33-31-20 PVC Sewer Poe 12/23/97* 33-31-20 PVC Sewer Pipe * 33-31-20 PVC Sewer Pipe 01/18/18 33-31-20 PVC Sewer Pipe 11/11/98 33-31-20 PVC Sewer Pipe * 33-31-20 PVC Sewer Pipe 09/11/12 33-31-20 PVC Sewer 05/06/05 33-31-20 , PVC Sohd Wall Pipe 04/27/06 33-31-20 PVC Sewer Fittings * 33-31-20 PVC Sewer Fittings 1 3/19/2018 33 3120 PVC Sewer Pipe 1 3/19/2018 33 3120 PVC Sewer Pre 1 3/29/2019 33 3120 Gasketed Fittings (PVC) 1 10/21/2020 33 3120 PVC Sewer Pipe 1 10/22/2020 33 3120 PVC Sewer Pipe 1 10/21/2020 33 3120 PVC Sewer Pipe P 33-31-12 1 * Cured in Place Pipe 05/03/99 Cured in Place Ape 05/29/96 Cured in Place Pipe Sewer - Pipes/Rehab/Fold & Form Fold and Form Pi 11/03/98 Fold and Form Pipe Fold and Form Pipe 12/04/00 Fold and Form Pipe 06/09/03 Fold and Form Pipe 1-M Manufacturing Co., Inc. (JM Eagle) Diamond Plastics Corporation Lamson Vylon Pipe Vinyltech PVC Pipe Diamond Plastics Corporation J-M Manufacturing Co, Inc. (JM Eagle) P,qq life Jet Stream Diamond Plastics Corporation Harco Plastic Trends, Inc.(Westlak ) Pipelife Jet Stream Pipelife Jet Stream GPK Products, Inc. NAPCO(Westlake) Sanderson Pipe Corp. NAPCO(Westlake) Insimfrrm Texark, Inc National Envirotech Group Remolds Inc/Inliner Technolgy (Inliner USA) Cullum Pipe Systems, Inc. Insimfirm Technologies, Inc. American Pipe & Plastics, Inc. Ultralmer Miller Pipeline Corp. Sewer - PiDes/ODen Prot -de Laree Diameter i 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Lamson Vvlon Pipe 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Extmsim Technologies, Inc. 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) 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple Wall Advanced Drainage Systems (ADS) 05/16/11 Steel Reinforced Polyethylene Pipe ConTech Construction Products SDR-26 SDR-26 Gravity Sewer "S" Gravity Sewer Pipe SDR 26/35 PS 115/46 SDR-26 and SDR-35 SDR 26/35 PS 115/46 SDR-26 and SDR-35 Gasket Fittings Gasketed PVC Sewer Main Finings SDR 35 SDR 26 SDR 26 SDR 26 SDR 26 SDR 26/35 PS 115/46 National Liner, (SPL) Item #27 Inliner Technology Insim "NuPIpe" Ultralmer PVC Alloy Pipelmer EX Method Carlon Vylon H.C. Closed Profile Pipe, Ultra -Rib Open Profile Sewer Pipe SaniTite HP Double Wall (Corrugated) SamTne HP Triple Wall Pipe Durmaxx ASTM D 3034 ASTM D 3034 ASTM F 789 ASTM D3034 ASTM F 679 ASTM F 679 ASTM F-679 ASTM F-679 ASTM D-3034, D-1784, etc ASTM D 3034 ASTM F679 ASTM D3034 ASTM D3034/F-679 ASTM D3034 ASTM D3034 ASTM F-679 ASTM F 1216 ASTM F-1216/D-5813 ASTM F 1216 ASTM F-1504 ASTM F-1504, 1871, 1867 ASTM F-1504, F-1947 ASTM F 679 ASTM F 679 ASTM F 2736 ASTM F 2764 ASTM F 2562 4" - 15" 4" thru 15" 4" thru 15" 4" thru 15" 18" to 27" 18" - 28" 18" 18" to 48" 4" - 11" 18"- 24" 4"- 15" 4"- 15" 4" - 15" 4"- 15" 18"- 36" Demo. Purpose Only Up to 18" diameter 18" to 48" 18" to 48" 24"-30" 30" to 60" 24" to 72" * From Original Standard Products List CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 Note: All water or sewer pipe larger than 1S inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding maybe required for some pipes. Approval Spec I on 1W Manufacturer Model1. National Spec Water - Aoour�enancesgig -10 (07/Ol/13) Ol/18/18 33-12-10 Double Strap Saddle Romac 202NS Nylon Coated AWWA C800 1"-2"SVC, no 124"Pipe 08/28/02 Double Strap Saddle Smith Blair 4317 Nylon Coated Double Strap Saddle 07/23/12 33-12-10 Double StrapService Saddle Mueller Company U-S Double SS Strap DI Saddle AWWA C800 1"-2" SVC, u to 24" Pi e 03/07/23 33-12-10 Double StrapService Saddle Powerseal 3450AS, Inc. Corp. Stop, ON Strap, Stainless NSF ANSI 372 1"-2" SVC, u to 24 Pi e 10/27/87 Curb Stops -Ball Meter Valves McDonald 6100M,6100MT & 610MT 3/4" and 1" 10/27/87 Curb Stops -Ball Meter Valves McDonald 4603B, 4604B, 610UM, 6100TM and 6101M 1 h" 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., Inc. L22-77NL AWWA C800 2" FB600-6-NL, FB1600-6-NL, FV23-666-W- 1111018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, L22-66NL AWWA C800 1-1/2" FB600-4-NL, FB1600-4-NL, B11-444-WR- 1111018 33-12-1. Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, B22444-WR-NL, L28-44NL AWWA C800 I " 13-25000N, B-24277N-3, B-20200N-3, H- AWWA C800, ANSF 61, 1/25/2018 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- AWWA C800, ANSF 61, 1111.1. 33-12-1. Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, H-14276N, H-15525N ANSI/NSF 372 1-1/2" 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15530N ANSI/NSF 372 V, 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 AWWA C-223 Up to 30" w/12" Out 03/29/22 33-12-25 Tapping Sleeve (Coated or Stainless Steel) 1CM Industries, Inc. 415 Tapping Sleeve AWWA C-223 Concrete Pipe Only 05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-1" and 16" 02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 420 AWWA C-223 U p to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST Stainless Steel AWWA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out 05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DFW Plastics lnc. DFW37C-12-lEPAFFTW Plastic Meter Box w/Composite Lid DFW Plastics lnc. DFW39C-12-lEPAFFTW 08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-lEPAF 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 r Water - Combination Air Release 33-31-70 (01/08/13) 1 E I -I I Au Release Valve GA Industries, Inc. Empve Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 1" &W21' * EI-11 [oribriation ombmation Ar Release Valve Multiplex Manufacturing Co. Crispin Air and Vacuum Valves, Model No. 1/2", 1" & 2" EI-11 ombination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" & 3" Water Barrel Fire Hvdrants 10/Ol/87 E-1-12 Dry Barrel Fire Hydrant American -Darting 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 0.1.7 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 Shop Drawings No. 6461 t0/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Centurion AW WA C-502 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 American Flow Control (AFC) Waterous Pacer WB67 AWWA C-502 08/12/16 33-12-40 Dry Barrel Fire Hydrant EI (East Jordan Iron Works) WaterMaster 5CD250 I 02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AWWA C550 4" - 10" 08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6" * From Original Standard Products List CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 Note: All water or sewer pipe larger than 1S inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding maybe required for some pipes. Approval IModel INational Water -Pines/PVC(Pressure Waterl33-31-70(01/08/13) -W MEL M` —AL I 01/18/18 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR14 ASTM D1784 V-12" I I 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12" I I 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR18 AWWA C900 16"-24" I I 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AWWA C900 4"-12" I 5/25/2018 3311 12 PVC Pressure Pipe Diamond Plastics Corporation DR 18 AWWA C900 16"-24" AWWA C900-16 UL 1285 12/6/2018 3311 12 PVC Pressure Pipe J-M Manufacnrring Co., Inc d/b/a JM Eagle DR 14 ANSI/NSF 61 4"-28" FM 1612 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 18 ° 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC AWWA C900 4" - 8" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR18 AWWA C900 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR14 AWWA C900 4"-12" 9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4"- 12" I Water - Pines/Valves & Fittin¢s/Ductile Iron Fittines 33--11 (01/08/13) I 07/23/92 EI-07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Finings AW WA C153 & C110 I EI-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittiq @ AWWA C 110 I * E1-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilmes Division Mechanical Joint Finings, SSB lass 350 AWWA C 153, C 110, C 111 I 08/11/98 E1-07 Ductile Iron Fittings Sigma, Co. Mechanical Joint Finings, SSB Class 351 AWWA C 153, C 110, C 112 I 02/26/14 E1-07 MJ Fittings Accucast Class 350 C-153 MJ Fittings AW WA C153 4"-12" I 05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1400 AW WA C111/C153 4" to 36" I 05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1500 Circle -Lock AW WA C111/C153 4" to 24" I 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc. One Bolt Restrained Joint Fitting AWWA C111/C116/C153 4" to 12" I I 02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 1100 (for DI Pipe) AWWA C111/C116/C153 4" to 42" I I 02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, hic. Megalug Series 2000 (for PVC Pipe) AWWA C111/C116/C153 4" to 24" I I 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLC4 - SLC10 AW WA C111/C153 4" to 10" I I 03/06/19 33-11-11 Mechanical Joint Retainer GlandaFVC) Sigma, Co. Sigma One-Lok SLCS4 - SLCS12 AW WA C111/C153 4" to 12" I I 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCE AW WA C111/C153 12" to 24" I I 08/10/98 E1-07 MJ Fiffir IP) Sigma, Co. Sigma One-Lok SLDE AW WA C153 4" - 24" I I 10/12/10 E1-24 Interim Restrained Joint Svatem S & B Techncial Products Bulldog System ( Diamond Lok 21 & JM ASTM F-1624 4" to 12" I I 08/16/06 E1-07 Mechanical Joint Fittings SIP Ind-nies(Serampore) Mechanical Joint Fittings AW WA C153 4" to 24" I I 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 I I 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. DIP Stmgrip Series 3000 ASTM A536 AW WA CI I I I EZ Grip Joint Restraint (EZD) Black For DIP 03/19/18 33-11-I1 Mechanical Joint Retainer Glands SIP Industries(Seramnore) ASTM A536 AW WA CI I I 3"-48" EZ Grip Joint Restraint (EZD) Red for C900 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) DRl4 PVC Ape ASTM A536 AW WA CI I I 4"-12" 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Sersmpore) �` vuP, V11i. nn, oa„ �,.t.�`VJ nGLL �V1 �J°✓ ASTM A536 AW WA CI11 16"-24" I Water - Pioes/Valves & Fittings/Resilient Seated Gate Valve* 33-12-20 (05/13/15). I Resilient Wedged Gate Valve w/no Gears American Flow Control Series 2500 Drawing # 94-20247 16" I 12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AWWA C515 30" and 36" I I 08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255) AW WA C515 20" and 24" I I 05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AWWA C515 16" I I 10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control Series 2500 (Ductile Iron) AWWA C515 4" to 12" I I 08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AWWA C515 42" and 48" I I 05/23/91 E1-26 Resilient Wedge Gate Valve American AVK Company American AVK Resilient Seeded GV AWWA C509 4" to 12" I I01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company 20" and smaller I I * E1-26 Resilient Seated Gate Valve Kennedy 4" - 12" I I E1-26 Resilient Seated Gate Valve M&H 4" - 12" I I * E1-26 Resilient Seated Gate Valve Mueller Co. 4" - 12" I I 11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AWWA C515 16" I I 01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AWWA C515 24" and smaller I 05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AW WA C515 30" and 36" I 01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AW WA C515 42" and 48" I 01/28/88 EI-26 Resilient Wedge Gate Valve Clow Valve Co. AWWA C509 4" - 12" I 10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AW WA C515 16" I 11/08/99 EI-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AW WA C515 24" and smaller I 11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AWWA C515 30" and 36" (Note 3) 11/30/12 Resilient We Crate Valve Clow Valve Co. Clow Valve Model 2638 AW WA C515 24" to 48" (Nora 3) 05/08/91 E1-26 Resilient Seat Gate Valve Stockham Valves & Fittings AWWA C 509, ANSI 420 - stem, 4" - 12" I E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co. Mcoesw1250, regwremerts SPL #74 3" to 16" 11/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works) EJ Fluo Master Gat. Valve & Boxes 08/24/18 I Mateo Gate Valve Matco-Norca 225 MR AWWA/ANSI C115/An21.15 4" to 16" I * 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: 03/07/2023 I * E1-30 Rubber Seated Butterfly Valve Henry Pratt Co. AW WA C-504 24" I * E1-30 Rubber Seated ButterFly Valve Mueller Co. AW WA C-504 24"and smaller 1/11/99 E1-30 Rubber Seated Butterfly Valve De ik Valves Co. AW WA C-504 24" and larger 06/12/03 E1-30 Valmatm American Butterfly Valve Valmanc Valve and Manufacturing Cert. Valmatic American Butterfly Valve. AW WA C-504 Up to 84" diameter 04/06/07 E1-30 Rubber Seated ButterFly Valve M&H Valve M&H Style 4500 & 1450 AW WA C-504 24" to 48" 03/19/18 33 12 21 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) AW WA C504 Butterfly Valve AW WA C-504 30"-54" Water�ne Encasement 33-11-10 (01/08/13) 05/12/OS EI-13 Polyethylene Encasment Flessol Packaging Fulton Enterprises AW WA C105 8 mil LLD 05/12/05 EI-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AW WA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment AEP Industries Bullstrong by Cowtown Bolt & Gasket AW WA C105 8 mil LLD 09/06/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement for DIP AW WA C105 8 mil LLD Water - Samnlint= Station 03/07/23 33 12 50 Water Sam lin Station I Eclipse Number 88 , 12-inch Depth of Bur As shown in spec. 33 12 50 00,1,-k Water - Automatic Flusher Automated Flushing System Mueller Hydrogaud HG2-A-IN-2-PVC-018-LPLG(Permanent) 04/09/21 Automated Flushing System Kupf le Foundry Company Eclipse #9800wc 04/09/21 Automated Flushing System Kupf le Foundry Company Eclipse 99700 (Portable) * From Original Standard Products List