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HomeMy WebLinkAboutContract 61141-PM1CSC No. 61141-PM1 PROJECT MANUAL FOR THE CONSTRUCTION OF Ventana Elementary School School Zone Improvements IPRC Record No. 23-0132 City Project No. 105096 FID No. 30114-0200431-105-096-E07685 File No. K-3205 Mattie Parker David Cooke Mayor City Manager Christopher P. Harder, P.E. Director, Water Department Lauren Prieur, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth September 2023 ® Pacheco Koch 1 • 1 a Westwood company MADELINE FRANCES WHITE ................................ � � •••••.••••• 147111 �1��•`��C�NSF�'••=��P WESTWOOD PROFESSIONAL SERVICES, INC. �1��®�� A� •���"' 4FO 060 BRIANTIR VIN ROAD RT WORTH, TX 76109 TX REG. ENGINEERING FIRM #11756 TXREG. SURVEYINGFIRM#10074301 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions nn�7 layita4ioa to Bidders nno�3 r t uiddefs Last Revised 03 i 4n 0041 00 00 42 43 nno n�7 s,..,,etions Bid FofTa Proposal Form Unit Price Bid Bond 03i 4n 04,102Q014 05/22/2019 nn 1n T nno n�= Bidders Pr-eq, alit:,.., ion's Prequalification Statement nn in T 09/01/2015 in n 0045 12 nno n�ABidder-03 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 0045 40 Miner vtjm En` al 04i'' a AIA Document A 10 1 — Standard Form of Agreement 2017 AIA Document A 10 1 — Exhibit A 2017 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 AIA Document A201 General Conditions 2017 00 73 00 0073 10 Supplementafy Conditions Standard City Conditions of the Construction Contract for Developer 07i0T 01/10/2013 Awarded Projects Division 01 - General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 2500 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 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 5526 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 7000 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105096 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents NONE Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: htti):Hfortworthtexas.Lov/ti)w/contractors/ or httu s:Hai)vs.fortworthtexas.gov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 12/20/2012 0211 11 U44 t„ n e,,.,,,,,.,t / A 1.an e,-,ment , 7 /2 z 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 311 (''o tf„ile,1 Taw Sire.,gt1, Ti1.,tefi l (C SM4 12/20/2012 03 34- 6 CE) fete Base AiT.,tefi l F f Tfef,oi Repw.F Q/'lzzrz0/20i2 > Co fete Stf,,,.t Fes 1�/20/2n1 8�-SA-00 �A��i�iAr�S �0 �7t1LUSrg Division 26 - Electrical 2605 00 E .(�': mwr. `x oFk Results for- Ele t,.:ea 1 1 /7Trr22/2014 2605 10 Demolition f Eleetr4eal Systems 11'l/20/2viz J 2605 43 Underground Duets a- 1 Raee,, ays f LleotrrJal. fly S 0�/non zy-y�y tions Multi Duet Gondui ozrzvrcozv Division 31 - Earthwork 21 1 n nn cite Clear -in. 12/20/20 2 �rrv-vv g �r�v�vr� r „t 01/ �3 31 25 00 Erosion and Sediment Control 12/20/2012 31�0 Gabions 171 /2 z 21�0 RiPF&P 171 /2z Division 32 - Exterior Improvements 27�T Pefmanent Azplri,,l.t Paving R 27�4Q Te., pef.,fy Asphalt It U.,..iag Depai 12/7re�-20/20 2 2')�O ('.,,-fete D.,. i g D epai 1 2 /2m-20/20 i 2 32 11202 Flexible Base (''o fses i2/'lzzrz0/20i2 27�9 Lime e Treated Base G-A-1,fsesq 17/2 i 27�T Liquid Treated Sol St.,l.;l:.ref 08/2�1 /2011-5 ACOM..t IV,Ong t /�Q2 CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CPN 105096 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 3322 73 Concrete Paving Joint Sealants 12/20/2012 '13 3214-16 Bfi�l- Un.t na g 12/2zzr20/20i2 22�2 16 13 27�3 Gener-ete Curb xid gtt#e -s and Valley Gi tt"-s 1 n/nTvr 5/2016 , ,1 /20vi3 32 1725 �., Pavement Mar -kings � Curb A ddi-less Uainti.:� g 1 1 /04 /201 3 27�o 323129 ��eAEI-�O�OC/w�'�1�t29 Wi -e Fences and Gates 1 2 /20/ viz , 2 /20/20, 2 2 7�7 Cast in Noce r e -ete Retaining Walls 0v6/05 /2018 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 S4-AuLc 121 /2 z Division 33 22�o - Utilities Sewe-.,n and TR.,,, wle Testing 12/2zzr20/20i2 22 02 10 �o 22�0 22�11 tSe e f Systems B���a�0 Ii.IrnXng$f >J �r��ina joint Bending and Eleetfieal Ts„ l.,ti,.,.. (`.,«,-.,.,;o.,, !''e tFe Tort Sta4ie 12/2zzrzvizviz 3304-12 22�nv s Magnesium Anode C tho die Protection Syste . T mw-y W tee- �o, ,; .o� r 07101 /gin 33 04 50 22�0 33 A52 3305 Cleaning of Sewer- Mains Utility T,-o,,e 1~'�,ea-yafio ., Ekn a.l.� efA� .,n T2.,ekfi 1 Water- Line ' Lowering1 Grade Rings Cast 12/20/2012- 1 21 /1�0 2 /2rrr20/201z �3 3305 13.10 ra��Per- and Fr- a Grade d' Rings �C—e����m.��Ee�e�ite Ad•uvla Manhelesinlets Valve Boxes, a -ad Other- stmetwes CTfade f o, erete Water Vaults 1122/2W6 01 /22/2n1 � �o to 12/220/2�nilz 22�o 22�T 2 2�0Auger-rg 330521 Gone,-ete Gellar-s T 1 T 'Plate ,2/�i2 1 2, /2z 12/220/220Q 22� Steelcreuxg Uip'v 12/2zzr20/20 z 22�3 22�T Hand Turlr�lirlg r., - T,,fmel Liner - Pipe i Gass Plate installation 1 2 1/20/2014 06/13 of f fie n g E) r 2 2�o 22� 22 11 nC U444.. A Rar4e,-s /T .,e ,- t.77,yy''s T0 ..e 4' do „1~'.,; l :�V.lIi�eB d Gaskets Bolt Nuts, 1 2 /7 z 12/2zzr20/20 z 12/2n/2n12 �-rr-v� 33 11 10 , , a -a Duotili Iran Pipe r�r�vr�viz 12A20/2 22 11 11 ��� Duetil'T,- on Pit��:°Igs 12/2n/2n,�2 12 11 12 PolyvinylChloride (PVC) PF joz%x-Q Dire 1 1a8 1 /1 t 32 1 1 '3 Concrete P Cwsxv DiM Bar- Wrapped,Steel Cylinder- Type 12/2zzr20/20 z ,,-,\2, 1 1 1 1 22�0 2 2� 11 Buried St ► 1-71,;-f* =4 Fittings W.,tef Seryi es 1 ineh to 2 ;,tee T .fge Water- - Mete -s , � /�i2 02/1�2viT , 2 /2 z CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CPN 105096 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 22�0 33 1221 22�5 22�0 Resilient Seated !"_.,te V.,l..e ,2/220/22014 Rulyor Ee te,l Bu#e-fly, Valves W/2izrav000 Con eetio tom, Existing WAe,- Gin02/n�13 ti„„ 12/2rrr20/20Q fE)r- 33 1250 22�0 Combination iF Valve Assemblies Potable WmeF Systems watOY EaM1143 gte4efi-s , /� 20/20Q Standard Blow Valve Assembly 06/,�n0J 3,2 21 12 off Cur-e.l in Dlaee D;„e (CIDUI 171 /7 z 33 21 '.,3 Fiber -glass Rei fo-ee.l D;„e f f: Gfa-y t„ San tafy Sewer 12/'lzzrz0/20Q '2\2 21 1lC 22�0 High Ile„SiVy D.)lyethy!O„e (LIDDL') D1pr f0: [/ .4tQr;-SeWeF 12 2r�-20/2012 Polyvinyl Chloride /UVQ Gravity Capita-y Sewer- Pipe 06/1 4 333121 �PipeC+7 Polyvinyl C lefi e Closed Profile Gravity San tar-y Sewer- (nvr) 12/2n/2n12 rz�-avraviz 33 312,1 Sanitaryvv`v` 2 Pip L/u.,Kig 1 2 /2rLr20/20 z 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 22�0 rC1''$�V.:.�t..;�„ A;,- V.,l.,e f'v Eanit&.—; Sewe,- 1'.eFe l\i ain- 12/7zzi-20/2012 22� 333930 22�0 22�0 Preeas7t Concrete TR.,„holo� 12/20/2W2 F4-bcN-. jr' 'Manholes 17/'lei Wastewater- A eeess Chamber- (3ALA `) 110010 z Epe.. I ; e f6f: Sa-a tai-7y Sewer- StFuetufes , 2/2zzr20/20i2 33 419 11 s n e;„foree,l G „erete St,.f Sewer- n;„e/Gulyei4s n�/no � '�T High Density Polyethylene 7 PE D'rtaarm 12/20/2012 22�z 7?e;„fe-ee,l Uel.,etl,le„e (0.11E) Piro „/,rr,�/20iz5 , 2 /�lz 33-4600 33 4601 Subdr-ainage mom Ti31 in.-- 07/0T 33 4602 22�0 22�0 T-f e3---,k D w:xc 07/0T Gast in Dlaee Manholes „.1 Jffnetion Boxes 12/2 z C -b and Drop inlets 12/2 z 22�0 Division 34 2 n� n�o 34 41 1n �0 Stoi:F , Il,-aina .e 14e.,,lw a l s and \x iag. 07/no 1 /2 - Transportation rr..affi . Sign l s , n /,�15 t A� �ttae�l�el�t� Centrellne�' Ca�ine� 12/18/2015 24 41 10.02 �02 2n n�03 n� �ttac4}�e1�t� r�ntreIlne�'S�eeifieatien 0242012 p A#aehment C Software Speeif eati6n 0142012 Tompwa w; Tf ff;, ,:;g ets 1 ,1 , /2 3 3i1 11 11 24 41 15 R-e�ular 'Rar/.a Flashing Be. eo-fi 1 11 1 /7 3 34 416 Red-xtriar. Kyb -;,1� , , /�t3 24 41 0 t' ns e„ bhe- 12/20/2012 24 4120.01 Arlar^iW LELdn. inalrrs 06/115/2015 24 4120.02 � Freeway LED Roadway I 06/1c/2n, 5 �/amil:�irvs �� 2n 4�no33 Resid--\Xt J. 1ED-%adway Djns\� inns n6/t�t5 34 41 30 Aluminum Signs 11/12/2013 2 nano Singleadc _TivY Optic Cable 02/ 6 3471 13 Traffic Control 11/22/2013 CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CPN 105096 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 Appendix Gr-01 60 00 Product Requirements TPW Standard Product List END OF SECTION CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105096 Revised March 20, 2020 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 Bidlist Item) Specification Unit of Bid No. Description I Section No. I Measure I Quantity UNIT IV: PAVING IMPROVEMENTS 1 3213.0503 Barrier Free Ramo. Tvpe M-1 32 13 20 EA 2 3217.0503 Preformed Thermoplastic Contrast LF Bidder's Proposal Unit Price I Bid Value 1 $2,716.25 $2,716.25 Markings - 24" Crosswalk 32 1723 430 $30.87 3 3217.0501 24" SLD Pvmt Marking HAE (W) 32 1723 LF 78 $19.73 4 3441.4003 Furnish/Install Alum Sign Ground 3441 30 EA 20 $666.25 5 3471.0001 Traffic Control 3471 13 MO 1 $2,152.50 6 3292.0400 Seeding. Hvdromulch 32 92 13 SY 20 $25.63 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 $13,274.10 $1,538.94 $13,325.00 $2,152,50 $512.60 TOTAL UNIT IV: PAVING IMPROVEMENTS $33.519.39 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Copy of Copy of ResourcesP_30 -New Development Resources_ Specs and Contract Documents_00 42 43_Bid Proposal —DAP SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 004243 DAP - BID PROPOSAL Page 7 .177 Bidder's Application Project Item Information Biddet's Proposal BidlistIteml I Specification I Unit of I Bid Description Unit Price Hid Value No. Section Na. Measure Quantity Bid Summary UNIT IV: PAVING IMPROVEMENTS $33,519.39 Total Construction Bid, $33,519.39 This Bid is submitted by the entity named below: BIDDER: Rieder Wa(Al cAmolm rs 6600 Hawks Creek Avenue, Suite 200 Westworth Village, TX 76114 BY: TITLE: Vice President DATE: 'O 1 2'7 11013 Contractor agrees to completeWORKfor FINAL.ACCEPTANCEwithin 20 CONTRACT commences to run as provided in the General Conditions. END OF SECTION working days after the date when the CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Farm Version May 22, 2019 Copy of Copy of ResourcesP_30 -New Development Resousa_Spea and Contract Doeuments_00 42 43_Bid Proposal —DAP 0045 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tvr)e" box provide the complete maior work tvpe and actual description as Drovided by the Water DeDartment for water and sewer and TPW for Davina. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Striping & Signage No Prequalifications Required The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. \ BIDDER: Reeder General Contractors, Inc BY: Lane Reeder ,\ (Siguat e) TITLE: CEO DATE: May 9, 2024 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS 0045 12—Prequalification Statement 2015_DAP (1) 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 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. 105096 . 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: Reeder General Contractors, Inc Company 6600 Hawks Creek Ave. Suite, 200 Address Fort Worth, TX 76114 City/State/Zip THE STATE OF TEXAS § COUNTY OFTARRANT § By: Lane Reeder Pl' ale Print) i a Title: CEO (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Lane Reeder , 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 Free will for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of Mav 2024. i otary Public in and forA tate of Texas END OF SECTION dbdW ANDREA GINGER FRIZZELL Notary ID #6846210 My Commission Expires April 30, 2028 a CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Rotting Hdis Efememun• Sett (R-eL "-vir Known as 1 etaama Efementan Revised April 2, 2014 ('P.V 105094 DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB OR--- Standard1®- 2017 Document A10 Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the eight day of November 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 Fort Worth Independent School District Deletions Report that notes added 7060 Camp Bowie Blvd. information as well as revisions to the Fort Worth, TX 76116 standard form text is available from and the Contractor: the author and should be reviewed. A (Name, legal status, address and other information) vertical line in the left margin of this document indicates where the author has added necessary information Reeder General Contractors, Inc. and where the author has added to or 6600 Hawks Creek Ave deleted from the original AIA text. Fort Worth, TX 76114 This document has important legal for the following Project: consequences. Consultation with an (Name, location and detailed description) attorney is encouraged with respect to its completion or modification. Rolling Hills Elementary School JOC Work 256-131 The parties should complete 10351 Orchard Way A1010-2017, Exhibit A, Insurance Fort Worth, TX 76126 and Bonds, contemporaneously with The Architect: this Agreement. AIA Document (Name, legal status, address and other information) A201&-2017, General Conditions of the Contract for Construction, is Pacheco & Koch, A Westwood Company adopted in this document by 4060 Bryant Irvin Rd reference. Do not use with other Fort Worth, Tx 76109 general conditions unless this document is modified. The Owner's Representative: (Name, legal status, address and other information) PROCEDEO Group 3150 McCart Street Fort Worth, TX 76107 The Owner and Contractor agree as follows. 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 Init. 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 18:52:40 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for I 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. (1181836113) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB 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 § 1.1 The Contract Documents consist of this Agreement (A101-2017), Conditions of the Contract (General, Supplementary, and other Conditions, including without limitation, the A201-2017, Contractor's Proof of Payment and Performance Bonds and required insurance under this Agreement, all sections of the Project Manual Construction Documents, Drawings, Specifications and Geotechnical Reports, Addenda issued prior to receipt of bids or proposals, 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. Any reference to Contract Documents or any documents included in the Contract Documents and/or supplemented for this Project, shall refer to the Contract Documents as amended for this Project. "Construction Documents" means: all Drawings, specifications, submittals, transmittals, deliverables, instructions to Contractors, and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants and which set forth in detail the requirements for construction of the Project. § 1.2 This Agreement represents the entire and integrated agreement between the Owner and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. Any revision, amendment, or modification to the Standard Form of this Agreement shall be valid, binding, and enforceable only if said revision, amendment or modification is made conspicuous by being underlined, lined -through, or highlighted in this Agreement signed by Contractor and the authorized representative of Owner's Board of Trustees or as designated in § 1.3. In the event of conflict, terms and conditions contained in the Agreement shall take precedence over terms and conditions contained in the General Conditions and the terms and conditions in the General Conditions shall take precedence over all other terms and conditions contained in the other Contract Documents. If the Request for Proposals and the Proposal are included in the Contract Documents, then the Request for Proposals shall take precedence over the Proposal, unless specifically agreed otherwise herein. § 1.3 The Board of Trustees, by majority vote, is the only representative of the Owner, an independent school district, having the power to enter into or amend a contract, to approve and execute a Change Order or Construction Change Directive modifying the Contract Sum, to agree to an extension to the date of Substantial or Final Completion, or to terminate a contract. The Owner designates the following as the individual authorized to sign documents on behalf of the Board of Trustees, following appropriate Board action: (insert name and title of designee) Dr. Kent Scribner, Superintendent, or his successor. Init. AIA Document A101 — 2017. Copyright C 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 Z American Institute of Architects. This document was produced at 18:52:40 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181836113) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 1.4 The Board designates the authorized representatives identified in Paragraph 8.3 to act on its behalf in other respects. 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.) [ ] The date of this Agreement. [ ] A date set forth in a notice to proceed issued by the Owner. [ X] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) To be stated in a Notice to Proceed from the Owner. The notice to proceed shall not be issued until the Agreement has been signed by the Contractor, approved by the Owner's Board of Trustees, signed by the Owner's authorized representative, and Owner and Architect have received and approved all required payment and performance bonds and insurance, in compliance with Article 11 of AIA Document A201-2017 and A101-2017, Exhibit A. § 3.2 The Contract Time shall be measured from the date of Notice to Proceed. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall diligently prosecute and achieve Substantial Completion of the entire Work not later than the Substantial Completion Date. The period for reaching the Substantial Completion Date shall begin to run from the Notice to Proceed. For additions and renovations the Substantial Completion Date shall be established with the number of calendar days required to substantially complete the Work, unless otherwise provided. For new schools, the Substantial Completion Date shall be a specific date, unless otherwise provided: (Check one of the following boxes and complete the necessary information.) [ ] Not later than ( ) calendar days from the date of commencement of the Work. [ X ] By the following date: March 01, 2024 Final Completion shall be (sixty) 60 calendar days after the date of Substantial Completion, subject to adjustments of the Contract Time as provided in the Contract Documents. § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date None § 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. § 3.3.4 Time is of the essence in all phases of the Work. It is specifically understood and agreed by and between Owner and Contractor that time is of the essence in the Substantial Completion of the Work within the designated period, or as it may be extended by mutual agreement, Failure to achieve Substantial Completion within the defined time period shall be construed as a breach of this Agreement. 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 3 American Institute of Architects. This document was produced at 18:62:40 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181836113) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 3.3.5 Timely final completion is an essential condition of this Agreement. Contractor agrees to achieve final completion of the Work within sixty (60) days of the designed or extended Substantial Completion date. § 3.3.6 Final completion means actual completion of the Work including any extras or Change Orders reasonably required or contemplated under the Contract Documents other than warranty work as further defined in the Form of Contractor's Final Completion Notice attached hereto and incorporated herein as Exhibit D. 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 two hundred and sixty-nine thousand dollars and zero cents. ($269,000.00), subject to additions and deductions as provided in the Contract Documents. § 4.1.1 The Contract Sum contains an Owner Controlled Contingency Allowance in the amount of $25,900.00. This contingency is for the sole use of the Owner to be used for expenditures which do not require a Change Order and for the betterment of the Project. Owner's authorized representative, as designated in § 8.2, may approve any expenditure from Owner's Contingency without further Board of Trustees approval. If the Owner's Contingency is not expended or not fully expended, then any unused portion shall belong to the Owner and shall be credited to the Owner in calculating final payment by Change Order. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item Price See Exhibit E attached § 4.2.2 (Paragraphs deleted) [Paragraph Deleted]. § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance) Item Price See Exhibit § 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) See Exhibit E attached § 4.5 Liquidated damages, if any: Per assessments within § 4.5.1 and § 4.5.2 § 4.5.1 Substantial Completion. The Contractor acknowledges and recognizes that the Owner is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. Time is of the essence in all phases of the Work. It is specifically understood and agreed by and between Owner and Contractor that time is of the essence in the Substantial Completion of the Project and Owner shall sustain damages as a result of Contractor's failure, neglect or refusal to achieve said deadlines. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Execution of this Agreement under these specifications shall constitute agreement by Owner and Contractor that the amounts stated below are the minimum value of the costs and damages caused by failure of Contractor to complete the Work within the allotted or agreed extended times of Substantial Completion, that such sums are liquidated damages and shall not be construed as a penalty, and that such sums may be deducted from payments due Contractor if such delay occurs. It is expressly understood that the said sum per day is agreed upon as a fair estimate of the pecuniary damages which will be sustained by the Owner in the event that the Work is not completed within the agreed time, or within the agreed extended time, if any, otherwise provided for herein. Said sum 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 18:52:40 CT on 12/04/2023 under Order No.2114429579 which expires on 03115/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. (1181836113) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB shall be considered as liquidated damages only and in no sense shall be considered a penalty, said damages being caused by, but not limited to, additional compensation for personnel, attorneys fees, architectural fees, engineering fees, program management fees, inspection fees, storage costs, food service costs, transportation costs, utilities costs, costs of temporary facilities, loss of interest on money, and other increased costs, all of which are difficult to exactly ascertain. Failure to complete the Work within the designated or agreed extended dates of Substantial Completion, shall be construed as a breach of this Agreement. It is expressly agreed as a part of the consideration inducing the Owner to execute this Agreement that the Owner may deduct from any Payment made to the Contractor a sum equal to $1,500.00 per day for each and every additional calendar day beyond the agreed date of Substantial Completion. § 4.5.2 Final Completion. In addition, timely Final Completion is an essential condition of this Agreement. Contractor agrees to achieve Final Completion of the Agreement within 60 calendar days of the designated or agreed extended date of Substantial Completion. It is specifically understood and agreed by and between Owner and Contractor that time is of the essence in the Final Completion of the Project and Owner shall sustain additional damages as a result of Contractor's failure, neglect or refusal to achieve said deadline. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Execution of this Agreement under these specifications shall constitute agreement by Owner and Contractor that the amounts stated below are the minimum value of the costs and damages caused by failure of Contractor to complete the Work within the allotted or agreed extended times for Final Completion, that such sums are liquidated damages and shall not be construed as a penalty. It is expressly understood that the said sum per day is agreed upon as a fair estimate of the pecuniary damages which will be sustained by the Owner in the event that the Work is not finally completed within the agreed time, or within the agreed extended time, if any, otherwise provided for herein. Said sum shall be considered as liquidated damages only and in no sense shall be considered a penalty, said damages being caused by, but not limited to, additional compensation for the following categories of damages to the Owner: potential hazards to students, staff and visitors, additional architectural, engineering, program management fees (and fees of any other consultants); increased administrative or operational expenses; additional attorney's fees; increased maintenance and custodial costs and additional, utilities, security and clean-up costs, and other increased costs. Failure to complete the Work within the designated or agreed extended dates of Final Completion, shall be construed as a breach of this Agreement. Owner and Contractor agree that should Contractor fail to achieve Final Completion of the Agreement by the deadline, Owner shall continue to be damaged to a greater degree by such delay. Contractor and Owner agree that the amount of liquidated damages for each calendar day Final Completion is delayed beyond the date set for Final Completion shall be the sum of $1,000.00 per day. Owner may deduct such liquidated damages from any Payment made to Contractor before or at Final Payment; or, if sufficient funds are not available, then Contractor shall pay Owner, the amounts specified per day for each and every calendar day the breach continues after the deadline for Final Completion of the Work. § 4.5.3 Such damages shall be in addition to, and not in lieu of, any other rights or remedies Owner may have against Contractor for failure to timely achieve Final Completion, and damages for failure to achieve Substantial Completion and failure to achieve Final Completion may run concurrently. If the Work is not finally completed by the time stated in the Agreement, or as extended, no payments for Work completed beyond that time shall be made until the Project reaches Final Completion. § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) None 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. § 5.1"3 The Contractor shall concurrently submit monthly Applications for Payment to the Architect on AIA Form G702 for approval. Continuation sheets shall be submitted on AIA Form G703. If the Architect approves the application, then they shall submit a Certificate for Payment to the Owner. The Architect may require any additional information deemed necessary and appropriate to substantiate the Application for Payment. Materials that are verified to be on the jobsite or other approved location for use in the Project may also be incorporated into the Application for (nit 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 5 American Institute of Architects. This document was produced at 18:52:40 CT on 1210412023 under Order No.2114429579 which expires on 03/15/2024, 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: (1181836113) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB Payment. The Architect shall have seven (7) days from date of receipt from the Contractor of an Application for Payment to approve or reject all or any part of the Application for Payment. The Owner shall pay the undisputed amounts certified by the Architect to the Contractor within thirty (_30__) days of receipt of the Certificate for Payment from the Architect unless otherwise provided in the Contract Documents. Undisputed amounts unpaid after the date on which payment is due shall bear interest pursuant to Texas Government Code Section 2251.025. (Note: In Texas, the blank should be filed in with "30" if the Board meets twice a month, and "45" if the Board meets once a month. (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 approved 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 and Owner's Representative may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall indicate 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 A201TM-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 as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values; ,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 3 That portion of Construction Change Directives that the Architect and Owner's Representative determine, in the Architect's professional judgment, to be reasonably justified to the extent approved by the Owner in writing, as provided in Article 7.3.9 of AIA Document A201TM-2017, General Conditions of the Contract for Construction. § 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 and Owner's Representative 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 and Owner's Representative may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017 or amounts certified by the Architect and Owner's Representative and disputed by the Owner; 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 shall 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.) Five Percent (5%) § 5.1.7.1.1 (Paragraphs deleted) [Paragraph Deleted.] Init. AIA Document A101 — 2017. Copyright C 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 18:52:40 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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. (1181836113) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (f the retainage established in Section 5.1.7.1 is to be mod f edprior 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.) None § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Final 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. (Paragraphs deleted) § 5.1.8 [Paragraph Deleted.] § 5.1.9 Except with the Owner's prior written approval, or as otherwise provided in Section 9.3.2 of the AIA Document A201-2017, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.10 If Owner is entitled to deduct liquidated damages, or any other damages or amounts provided in the Contract Documents, including clean-up fees, then Architect and Owner's representative shall be entitled to deduct such liquidated damages, amounts and fees at any time. § 5.1.11 If Contractor fails or refuses to complete the Work, or has unsettled claims with Owner, any payment to Contractor shall be subject to deduction for such amounts as the Architect, and Owner's Representative shall determine as the cost for completing incomplete Work and the value of unsettled claims. § 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 after .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct nonconforming Work as provided in Article 12 of AIA Document A201-2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has provided all documents required by Sections 3.5 et seq. and 9.10.2 et seq. of AIA Document A201-2017 .3 a final Certificate for Payment has been issued by the Architect and approved by the Owner's representative; and 4. Owner's Board of Trustees has voted to accept the Work and approve the Final Payment. § 5.2.2 The Owner's final payment of undisputed sums to the Contractor shall be made no later than 30 days after the Work has been completed and accepted by Owner's Board of Trustees' vote approving Final Payment. § 5.3Interest Payments due and unpaid under the Contract shall bear interest (Paragraphs deleted) pursuant to Texas Government Code Section 2251.025. ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker (Paragraphs deleted) All disputes relating to this Agreement shall be resolved pursuant to the terms of Article 15 of the AIA Document A201-2017, as amended. § 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.) 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 7 American Institute of Architects. This document was produced at 18:52:40 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181836113) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [X ] Litigation in a court of competent jurisdiction (Paragraph deleted) None If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 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 (Paragraphs deleted) [Paragraph Deleted] § 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) Chief Officer of Capital Projects Administration Capital Improvement Program Fort Worth Independent School District 3150 McCart Ave. Fort Worth, Texas 76109 § 8.3 The Contractor's representative: (Name, address, email address, and other information) Cole Reeder Vice President Reeder General Contractors, Inc. 6600 Hawks Creek Ave Fort Worth, TX 76114 § 8.4 The Contractor's representative shall not be changed without ten days' prior written notice to the Owner and with the written consent of the Owner, which shall not be unreasonably withhold. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A 101 TM--2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document AJOITN —2017 Exhibit A, and elsewhere in the Contract Documents. § 8.6 snit. AIA Document A101 — 2017. Copyright O 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 18:52:40 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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. (1181836113) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB (Paragraphs deleted) Deleted § 8.7 Other provisions: § 8.7.1 The Agreement shall be governed by the laws of the State of Texas, and any litigation shall be conducted in state district court. Mandatory and exclusive venue shall be in Tarrant County, Texas. § 8.7.2 As a material consideration of the making of this Agreement, the modifications to this Agreement shall not be construed against the maker of said modifications. § 8.7.3 Notwithstanding anything to the contrary in this Agreement, or in any document forming a part hereof, there shall be no mandatory arbitration for any dispute arising hereunder. § 8.7.4 Section 1.5 of AIA Document A201-2017 shall govern Contractor's use of the Construction Documents. § 8.7.5 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. As part of that responsibility, Contractor shall enforce the Owner's alcohol -free, drug -free, tobacco -free, harassment -free and weapon -free policies and zones, which will require compliance with those policies and zones by Contractor's employees, subcontractors, and all other persons carrying out the Contract. In addition, Contractor acknowledges and agrees to perform criminal history checks on all of its employees on this Project and require any subcontractors to do the same, as set forth in § 3.4.6, A201-2017 for this Project. § 8.7.6 Contractor shall require all construction workers, whether Contractor's own employees or the employees of Contractor's subcontractors, to wear identification tags on the front of their persons during all times that they are on Owner's property. Such identification tags shall contain a current photograph and the worker's full name in a typeface large enough to be seen from a reasonable distance. Any cost associated with complying with this requirement is the responsibility of the Contractor or Contractor's Subcontractor. § 8.7.7 Contractor shall require all construction workers, whether Contractor's own forces or the forces of Contractor's subcontractors, to park their personal motor vehicles on Owner's property only in the parking places designated by the Owner's campus principal. Any vehicles not parked in the appropriate locations shall be towed at the vehicle owner's sole expense. § 8.7.8 Contractor shall follow, and shall require all employees, agents or subcontractors to follow, applicable ordinances of the municipality in which the Project is located. In addition, if not covered by the municipality's tree ordinance, Contractor shall barricade and protect all trees on the Project. § 8.7.9 Contractor shall institute a theft deterrence program designed to restrict construction worker access to properties of Owner that are currently in use, to maintain supervision of Contractor's and Contractor's subcontractor's forces, and to reimburse the Owner or those persons suffering a theft loss which results from Contractor's forces or Contractor's subcontractor's forces' actions, omissions, or failure to secure the Work or connecting or adjacent property of Owner. § 8.7.10 The Contractor may not assign its responsibilities, duties, obligations and rights under this Agreement, without the express written consent of the Owner. This does not prevent Contractor from engaging subcontractors to perform various phases of the Project, but Contractor shall be fully responsible to Owner for the work, actions and omissions of all such subcontractors § 8.7.11 This Agreement, in its entirety, shall be binding upon all the parties hereto, their respective successors, heirs, executors, administrators or assigns. § 8.7.12 Execution of this Agreement shall constitute approval and acceptance of all terms, covenants and conditions as modified and contained in the Contract Documents. (nib 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 18:52:40 CT on 12/04/2023 under Order No.2114429579 which expires on 03/1512024, 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: (1181836113) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 8.7.13 This Agreement is subject to all applicable federal and state laws, rules, and regulations. Invalidity of any portion of this Agreement under the laws of the State of Texas or of the United States shall not affect the validity of the remainder of this Agreement. § 8.7.14 By signing this Agreement, the undersigned certifies as follows: "Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in the contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated, and payment may be withheld if this certification is inaccurate." § 8.7.15 Unless otherwise noted, terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201-2017, General Conditions of the Contract for Construction, as amended for the Project. § 8.7.16 To the extent that any portion of the Work requires a trench excavation exceeding five (5) feet in depth, in accordance with Texas Health and Safety Code Section 756.023(a), Contractor shall fully comply, and shall require any applicable subcontractor to comply, with: .1 The Occupational Safety and Health Administration standards for trench safety in effect for the construction of the Work; .2 The special shoring requirements, if any, of the Owner; and .3 Any geotechnical information obtained by Owner for use by the Contractor in the design of the trench safety system. .4 Trench excavation safety protection shall be a separate pay item, and shall be based on linear feet of trench excavated. Special shoring requirements shall also be a separate pay item, and shall be based on the square feet of shoring used. Said cost shall be included within the Contract Sum. § 8.7.17 No delay or omission by Owner in exercising any right or power accruing upon the noncompliance or failure of performance by Contractor of any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by Owner of any of the covenants, conditions or agreements hereof to be performed by Contractor shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement herein contained. §8.7.18 Contractor stipulates that Owner is a political subdivision of the State of the Texas, and, as such, enjoys immunities from suit and liability as provided by the constitution and laws of the State of Texas. By entering into this Agreement, Owner does not waive any of its immunities from suit and/or liability, except as otherwise specifically provided herein, and as specifically authorized by law. § 8.7.19 By executing this Agreement, Contractor verifies that it does not boycott Israel, and it will not boycott Israel during the terms of this Contract. § 8.7.20 Contractor verifies and affirms that it is not a foreign terrorist organization as identified on the list prepared and maintained by the Texas Comptroller of Public Accounts. If Contractor has misrepresented its inclusion on the Comptroller's list, such omission or misrepresentation will void this Contract ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents which collectively shall govern the relationship of the parties to this Agreement: .1 AIA Document A101Tm-2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document A101Tm-2017, Exhibit A, Insurance and Bonds .3 AIA Document A20ITm-2017, General Conditions of the Contract for Construction .4 (Paragraphs deleted) Drawings snit AIA Document A101 — 2017. Copyright C 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 10 American Institute of Architects. This document was produced at 18:52:40 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181836113) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB Number Title Date See Exhibit I attached (Paragraph deleted) .5 Specifications Section Title Date See Exhibit H attached .6 Addenda, if any: Number Date Pages See Exhibit I attached Pages 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.) (Paragraphs deleted) [ ] The Sustainability Plan: Title Date Pages None [ ] Supplementary and other Conditions of the Contract: Document None Title Date Pages Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 TrIL-201 7provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, portions ofAddenda 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.) Owner's Request for Proposal dated: April 25, 2022 Contractor's Proposal dated: May 10, 2022 All other documents listed in 1.1. herein. This Agreement entered into as of the day and year first written above. ^ ^ Doccu^S,i,,gne�d by: 12/20/23 F Y v'��M� z1_e,00__ —.\Y1►1,�1� IBC".C�... OWNER (Signature) CONTRACTOR (Signature) Dr. Angelica Ramsey, Superintendent Cole Reeder, Vice President (Printed name and title) (Printed name and title) 12/22/2023 Init. AIA Document A101 — 2017. Copyright O 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 11 American Institute of Architects. This document was produced at 18:52:40 CT on 12/04/2023 under Order No.2114429579 which expires on 03/1512024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181836113) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB Document A101®- 2017 Exhibit A Insurance and Bonds This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Contractor, dated the eight day of November in the year two thousand and twenty three. (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: for the following PROJECT: The author of this document has (Name and location or address) added information needed for its completion. The author may also Rolling Hills Elementary School JOC Work 256-131 have revised the text of the original Orchard Way AIA standard form. An Additions and Fort Fort Worth, TX 76126 Deletions Report that notes added information as well as revisions to the THE OWNER: standard form text is available from (Name, legal status and address) the author and should be reviewed. A vertical line in the left margin of this document indicates where the author Fort Worth Independent School District has added necessary information 7060 Camp Bowie Blvd. and where the author has added to or Fort Worth, TX 76116 deleted from the original AIA text. THE CONTRACTOR: This document has important legal (Name, legal status and address) consequences. Consultation with an attorney is encouraged with respect Reeder General Contractors, Inc. to its completion or modification. 6600 Hawks Creek Ave This document is intended to be used Fort Worth, TX 76114 in conjunction with AIA Document A2010-2017, General Conditions of TABLE OF ARTICLES the Contract for Construction. Article 11 of A2010-2017 contains A.1 GENERAL additional insurance provisions. A.2 OWNER'S INSURANCE A.3 CONTRACTOR'S INSURANCE AND BONDS A.4 SPECIAL TERMS AND CONDITIONS ARTICLE A.1 GENERAL Contractor shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the tenn General Conditions refers to AIA Document A201Tm-2017, General Conditions of the Contract for Construction. ARTICLE A.2 OWNER'S INSURANCE -Not Used (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE A.3 CONTRACTOR'S INSURANCE AND BONDS § A.3.1 General All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be Init. AIA Document A101 — 2017 Exhibit A. Copyright m 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 12:17:57 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (947530605) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB maintained in compliance with theses general specifications throughout the duration of the Agreement, or longer, if so noted: I Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- V III .2 All policies shall be endorsed to provide thirty (30) days prior written notice or cancellation, non -renewal or reduction in coverage. .3 Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and without lapse, for a period of three years beyond the contract term which give rise to claims made after expiration of the contract shall be covered. § A.3.1.1 Certificates of Insurance. The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article A.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner's written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section A.3.2.1 and Section A.3.3.I I. The certificates will show the Owner as an additional insured on the Contractor's Commercial General Liability and excess or umbrella liability policy or policies. § A.3.1.2 Deductibles and Self -Insured Retentions. The Contractor shall disclose to the Owner any deductible or self - insured retentions applicable to any insurance required to be provided by the Contractor. § A.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Contractor shall cause the commercial general liability coverage to include (1) the Owner, the Architect, and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner's general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Architect and the Architect's consultants, CG 20 32 07 04. § A.3.2 Contractor's Required Insurance Coverage § A.3.2.1 The Contractor shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Contractor is required to maintain insurance for a duration other than the expiration of the period for correction of Work, state the duration.) NONE (Paragraphs deleted) § A.3.2.2 Class A — Construction or Service Contracts Less than $3,000,000 (Paragraph deleted) § A.3.2.2.1 Workers' Compensation and Employer's Liability a. Workers' Compensation Statutory b. Employer's Liability 1,000,000 bodily Injury by accident each accident 1,000,000 bodily injury by disease each employee 1,000,000 bodily injury by disease policy limit Coverage afforded shall provide a Waiver of Subrogation in favor of The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities. Init.AIA Document A101 — 2017 Exhibit A. Copyright ®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 12:17:57 CT on 12/0412023 under 2 Order No.2114429579 which expires on 03/1512024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract f Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. U(947530605) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB (Paragraph deleted) § A.3.2.2.2 Commercial General Liability a. Bodily Injury and Property Damage Each Occurrence $1,000,000 Aggregate $2,000,000 applies per project Contractor's general liability policy shall include but not limited to coverage for public liability including bodily injury and property damage liability, personal/advertising injury, contractual liability for those liabilities assumed by Contractor herein, cross liability and severability of interest, explosion, collapse and underground coverage, products and completed operations, coverage shall be primary and non-contributory. The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities shall be afforded coverage and named as Additional Insureds' with a Waiver of Subrogation. § A.3.2.2.3 Automobile Liability Coverage of Owned, Hired & Non -Owned Liability A Bodily Injury Each Person $1,000,000 Each Occurrence $1,000,000 b. Property Damage Each Occurrence $1,000,000 c. Combined Single Limit $1,000,000 Automobile Liability Insurance including but not limited to coverage for all owned, hired and non -owned vehicles or automotive equipment, or mobile equipment subject to motor vehicle insurance laws used. Coverage shall be primary and non-contributory. The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities shall be afforded coverage and named as Additional Insureds' with a Waiver of Subrogation on Auto Liability. (Paragraph deleted) § A.3.2.2.4 Umbrella Excess Liability Each Occurrence $2,000,000 Aggregate $2,000,000 Contractor will maintain umbrella/excess liability insurance on an occurrence basis in excess of the underlying insurance described above, which is at least as broad as each and every area of the underlying policies. The amounts of insurance required for underlying and excess insurance may be satisfied by purchasing coverage for the limits specified, or by combining underlying and umbrella limits. The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities shall be afforded coverage and named as Additional Insureds' with a Waiver of Subrogation. (Paragraph deleted) § A.3.2.2.5 Property Insurance Amount Per Contract Refer to Article 11, Section 11.3 through 11.3.9 Property Insurance § A.3.2.2.6 Professional Liability If the Contractor performs or retains professional services including but not limited to engineering architectural, medical, testing, or design -build services, the Contractor shall maintain or cause provider to Init. AIA Document A101 — 2017 Exhibit A. Copyright ®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 12:17:57 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract t Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (947530605) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB maintain professional liability insurance. Each Occurrence $2,000,000 Aggregate $2,000,000 (Paragraph deleted) § A.3.2.2.7 Environmental and Asbestos Abatement If included in the scope of work for remediation or abatement the removal/replacement of underground tanks, or the use of toxic chemicals and substances, Contractor will purchase a policy covering third party injury and property damage claims and clean-up costs, as a result of pollution conditions arising from Contractor's operations and completed operations. Policy shall meet the following limits and requirements: Per Occurrence $1,000,000 Aggregate $1,000,000 Completed operations coverage will remain in effect for no less than three (3) years after final completion. The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities will be named as an Additional Insured and provided a Waiver of Subrogation on the Coverage. Policy will have retroactive date before the start of work. § A.3.2.2.8 Aviation Liability If any aircraft of any kind be owned, used, operated, or hired by the Contractor in connection with the work, the Contractor shall maintain or cause the operator of the aircraft to maintain aviation liability insurance including owned and non -owned aircraft and including Bodily Injury, Property Damage, and Passenger Liability. Combined Single Limit Per Occurrence $10,000,000 The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities will be named as an Additional Insured and provided a Waiver of Subrogation on the Coverage. (Paragraph deleted) § A.3.2.2.9 Watercraft Liability If any watercraft of any kind be owned, used, operated, or hired by the Contractor in connection with the work, the Contractor shall maintain or cause the operator of the watercraft to maintain aviation liability insurance including owned and non -owned aircraft and including Bodily Injury, Property Damage, and Passenger Liability. Combined Single Limit Per Accident $5,000,000 The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities will be named as an Additional Insured and provided a Waiver of Subrogation on the Coverage. § A.3.2.2.10 Railroad Protective Liability All Contractors providing service of any kind, within fifty (50) feet of a railroad, or that affects any railroad property, including but not limited to tracks, bridges, tunnels, and switches, will purchase a railroad protective liability policy. The limits of coverage will not be less than the following (whichever is greater): Limits required by the State/Railroad Authority, or: Init.AIA Document A101 — 2017 Exhibit A. Copyright ®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 12:17:57 CT on 12/04/2023 under 4 Order No.2114429579 which expires on 03/15/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract t Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (947530605) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB Each Occurrence $2,000,000 Aggregate $6,000,000 The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities will be named as an Additional Insured and provide a Waiver of Subrogation on the Coverage. (Paragraph deleted) §A 3.2.3.1 Class B — Construction or Service Contracts $3,000,000 or Greater (Paragraphs deleted) § A.3.2.3.2 Workers' Compensation and Employer's Liability a. Workers' Compensation Statutory b. Employer's Liability 1,000,000 bodily Injury by accident each accident 1,000,000 bodily injury by disease each employee 1,000,000 bodily injury by disease policy limit Coverage afforded shall provide a Waiver of Subrogation in favor of The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities. § A.3.2.3.3 Commercial General Liability a. Bodily Injury and Property Damage Each Occurrence $1,000,000 Aggregate $2,000,000 applies per project Contractor's general liability policy shall include but not limited to coverage for public liability including bodily injury and property damage liability, personal/advertising injury, contractual liability for those liabilities assumed by Contractor herein, cross liability and severability of interest, explosion, collapse and underground coverage, products and completed operations, coverage shall be primary and non-contributory. The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities shall be afforded coverage and named as Additional Insureds' with a Waiver of Subrogation. § A.3.2.3.4 Automobile Liability Coverage of Owned, Hired & Non -Owned Liability b. Bodily Injury Each Person $1,000,000 Each Occurrence $1,000,000 c. Property Damage Each Occurrence $1,000,000 d. Combined Single Limit $1,000,000 Automobile Liability Insurance including but not limited to coverage for all owned, hired and non -owned vehicles or automotive equipment, or mobile equipment subject to motor vehicle insurance laws used. Coverage shall be primary and non-contributory. The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities shall be afforded coverage and named as Additional Insureds' with a Waiver of Subrogation on Auto Liability. § A.3.2.3.5 Umbrella Excess Liability snit. AIA Document A101 — 2017 Exhibit A. Copyright ®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 12:17:57 CT on 1210412023 under 5 Order No.2114429579 which expires on 03/15/2024, is not for resale, is licensed for onetime use only, and may only be used in accordance with the AIA Contract t Documents®Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. U(947530605) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB Each Occurrence $5,000,000 Aggregate $5,000,000 Contractor will maintain umbrella/excess liability insurance on an occurrence basis in excess of the underlying insurance described above, which is at least as broad as each and every area of the underlying policies. The amounts of insurance required for underlying and excess insurance may be satisfied by purchasing coverage for the limits specified, or by combining underlying and umbrella limits. The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities shall be afforded coverage and named as Additional Insureds' with a Waiver of Subrogation. § A.3.2.3.5 Property Insurance Amount Per Contract Refer to Article 11, Section 11.3 Property Insurance § A.3.2.3.7 Professional Liability If the Contractor performs or retains professional services including but not limited to engineering architectural, medical, testing, or design -build services, the Contractor shall maintain or cause provider to maintain professional liability insurance. Each Occurrence $2,000,000 Aggregate $2,000,000 § A.3.2.3.8 Environmental and Asbestos Abatement If included in the scope of work for remediation or abatement, the removal/replacement of underground tanks, or the use of toxic chemicals and substances, Contractor will purchase a policy covering third party injury and property damage claims and clean-up costs, as a result of pollution conditions arising from Contractor's operations and completed operations. Policy shall meet the following limits and requirements: Per Occurrence $1,000,000 Aggregate $1,000,000 Completed operations coverage will remain in effect for no less than three (3) years after final completion. The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities will be named as an Additional Insured and provided a Waiver of Subrogation on the Coverage. Policy will have retroactive date before the start of work. § A.3.2.3.9 Aviation Liability If any aircraft of any kind be owned, used, operated, or hired by the Contractor in connection with the work, the Contractor shall maintain or cause the operator of the aircraft to maintain aviation liability insurance including owned and non -owned aircraft and including Bodily Injury, Property Damage, and Passenger Liability. Combined Single Limit Per Occurrence $10,000,000 The Fort Worth Independent School District, its officers, agents, employees, volunteers. elected officials, Program Manager, Architect and Contract Indemnities will be named as an Additional Insured and provided a Waiver of Subrogation on the Coverage. § A.3.2.3.10 Watercraft Liability [nit AIA Document A101 — 2017 Exhibit A. Copyright ®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 12:17:57 CT on 12/04/2023 under s Order No.2114429579 which expires on 03/15/2024, 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: (947530605) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB If any watercraft of any kind be owned, used, operated, or hired by the Contractor in connection with the work, the Contractor shall maintain or cause the operator of the watercraft to maintain aviation liability insurance including owned and non -owned aircraft and including Bodily Injury, Property Damage, and Passenger Liability. Combined Single Limit Per Accident $5,000,000 The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities will be named as an Additional Insured and provided a Waiver of Subrogation on the Coverage. § A.3.2.3.11 Railroad Protective Liability All Contractors providing service of any kind, within fifty (50) feet of a railroad, or that affects any railroad property, including but not limited to tracks, bridges, tunnels, and switches, will purchase a railroad protective liability policy. The limits of coverage will not be less than the following (whichever is greater): Limits required by the State/Railroad Authority, or: Each Occurrence $2,000,000 Aggregate $6,000,000 The Fort Worth Independent School District, its officers, agents, employees, volunteers, elected officials, Program Manager, Architect and Contract Indemnities will be named as an Additional Insured and provide a Waiver of Subrogation on the Coverage. § A.3.3 Contractor's Other Insurance Coverage § A.3.3.1 Insurance selected and described in this Section A.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Contractor is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of World state the duration) § A.3.3.2 The Contractor shall purchase and maintain the following types and limits of insurance in accordance with Section A.3.3.1. (Select the types of insurance the Contractor is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fill point.) [ X] § A.3.3.2.1 Builder's Risk Property insurance which, if selected in this section A.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section A.2.3.1.3 and Section A.2.3.3. The Contractor shall disclose to the Owner the amount of any deductible, and the Contractor shall be responsible for losses within the deductible. The Contractor shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below: .1 Builder's Risk. Unless otherwise provided Contractor shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the state of Texas a property insurance written on a builder's risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis , including boiler and machinery insurance, Coverage, if not included in the base coverage, shall include coverage against the perils of fire, (with extended coverage) and Init. AIA Document A101 — 2017 Exhibit A. Copyright ®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 12:17:57 CT on 12104/2023 under ' Order No.2114429579 which expires on 031l5/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract t Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (947530605) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB physical loss or damage including, without limitation or duplication of coverage, lightning, collapse, earthquake, flood, wind storm, hurricane, hail, explosion, riot, civil commotion, smoke, aircraft, land vehicles, theft, vandalism, malicious mischief, falsework, testing and start-up, temporary buildings, debris removal including demolition occasioned by enforcement of any applicable legal requirements, and all other perils, and shall include materials stored on -site, off -site and in transit. The Contractor's property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion; and thereafter, as provided in Section A.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Contractor, Subcontractors, and Sub -subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. .2 Causes of Loss. The insurance required by this Section A.3.3.2.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub -limits, if any, are as follows: (Indicate below the cause of loss and any applicable sub -limit.) .3 Causes of Loss Sub -Limit. Specific Required Coverages. The insurance required by this Section A.3.3.2.1 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect's and Contractor's services and expenses required as a result of such insured loss, including claim preparation expenses. Sub -limits, if any, are as follows: (Indicate below type of coverage and any applicable sub -limit for specific required coverages.) .4 Coverage Sub -Limit. Unless the parties agree otherwise, upon Substantial Completion, the Contractor shall continue the insurance required by Section A.2.3.1 or, if necessary, replace the insurance policy required under Section A.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 12.2.2 of the General Conditions. .5 Adjustment of Loss. The Owner, as fiduciary, shall have power to adjust and settle any loss arising out of the Work, with insurers, regardless of the purchaser of the insurance policy. The Contractor, upon receipt of proceeds, shall, as a fiduciary, pay all subcontractors their just shares of insurance proceeds received by the Contractor, and, by appropriate agreements, shall require subcontractors to make payment to their sub -subcontractors in similar manner. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, then replacement of damaged property shall be performed by the Contractor with the insurance proceeds upon issuance of a Notice to Proceed from the Owner. .6 Occupancy or Use Prior to Substantial Completion. The Owner's occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section A.2.3.1 have consented in writing to the continuance of coverage. The Owner and the Contractor shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing. .7 Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Contractor shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure against direct physical loss or damage from the causes of loss identified in Section A.2.3.1, notwithstanding the undertaking of the Work. The Contractor shall be responsible for all co-insurance penalties. Init AIA Document A101 — 2017 Exhibit A. Copyright ®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 12:17:57 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract I Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (947530605) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB .8 Employee Theft or Dishonesty. If this Builder's Risk policy excludes Employee Theft or Dishonesty coverage, including Third Parties, Contractor shall obtain separate coverage sufficient to protect Owner's interest and, in an amount, agreeable to Owner. .9 Cancellation. The insurance policies required by this Section A.3.3.2 shall contain a provision that coverages afforded under the policies will not be canceled for any reason, other than nonpayment of premium, or reduced or restricted due to a material change in coverage until at least 30 days' prior written notice of such cancellation or material change has been given to the Owner. Contractor shall provide Owner 30 days prior written notice of the expiration of any policy required by Section A.3.1.1. .10 Construction Manager at Risk. If Contractor is a Construction Manager at Risk, then, as specified in each AIA A133 Exhibit A Amendment, the amount of Builder's Risk insurance coverage shall be an amount equal to the Guaranteed Maximum Price; otherwise, in the total amount of the Contract Sum. .11 Deductibles. For any claim made against the builder's risk insurance, the deductible shall not exceed $2,500 for a Contract Sum (or Guaranteed Maximum Price, if the Project is a Construction Manager at Risk project), of less than $4 million. For a Contract Sum (or Guaranteed Maximum Price, if the Project is a Construction Manager at Risk project), of $4 million or more, the deductible shall not exceed $5,000. Contractor shall be responsible for losses within such deductible amounts. (Paragraphs deleted) § A.3.4 Performance Bond and Payment Bond The Contractor shall provide surety bonds, from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located, subject to the requirements of A201-2017, Article 11.1.2.1, as follows: Type Payment Bond Performance Bond Penal Sum ($0.00) $269,000.00 $269,000.00 The form of Payment and Performance Bonds shall be subject to the requirements of Texas law, AIA Document A312TM, Payment Bond and Performance Bond, or contain provisions identical to AIA Document A312TM, current as of the date of this Agreement. ARTICLE A.4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows: See A201-2017, Article 11 This Agreement entered into as of the day and year first written above. F DpocuSiig�ne�ddby- AN (Signature) 12,"20/2023 g )/.,es�a�aear�a CONTRACTOR (Signature) Dr. Angelica Ramsey, Superintendent Cole Reeder, Vice President (Printed name and title) (Printed name and title) 12/22/2023 Init. AIA Document A101 — 2017 Exhibit A. Copyright ©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 12:17:57 CT on 12/04/2023 under 9 Order No.2114429579 which expires on 03/15/2024, 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: (947530605) I THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 09/15121, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4220112 01 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. j CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company, and collectively as 'Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these P Vb ants Make, constitute and appoint i ANDRAJACK, ROBBIE MARTIN, TINA MCLELLAND, HAEVYN KNOBLOCH, JOINTLY OR SEVERALLY of WICHITA FALLS and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - -- LIM&ATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANI M OR BANK DEPOSITORY BONDS. and, to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate Seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming ail that the said Attorney(s)-i n-Fact may (to in the 'Oremises. Said appointment is made under and by authority of the fallowing resolution adopted by the Board of Directors of each of the WETFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive Shall W, and is hereby vested With full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for aindi on behalf of the Company subject to the following provisions: <` The Attorney4n-F&cL May be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any Such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' 'Be it Further Resolved, that the slgnature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal snail be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 8, 2000). In Witness Whereof. WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 15th day of SEPTEMBER A.D., 2021 . Corporate aLu WESTFIELD INSURANCE COMPANY /V Seal S WESTFIELD NATIONAL INSURANCE COMPANY Ali or Affixed 1� #10 OHIO FARMERS INSURANCE COMPANY 41-1 UL SEAL Ln 16413 *V State of Ohio ........ By. y W. turn County of Medina SS.: 6arypler. Nationa(S.,urety Leader and Senior Executive On this 15th day of SEPTEMBER A.D., 2021 , before me personally came Gary W. Sturnper to me known, who, being by me duly sworn, did depose and Say, that he resides in Hartford. CT, that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument: that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals: that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Wanal Seal 00' Affixed t State of Ohio 0 David A. Kotnik, Attorney at Law, Notary Public County of Medina SS.: 0 My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) 1, Frank A. Carrillo, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, Which is still in full force and effect: and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 9th day of May ZQ "Z 4ij. SEAL 1,04': 8=4 a "j) ..... Frank A. Camino, Secretary BPoAC2,,i[ inbiiadj (06 .02) I IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your agent. 3. You may call Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtectionOtdi_texas_oov 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first_ if the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document_ BD5430 (06-15) AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 Puede comunicarse con el Departamento de Sequros 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 Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtectionna tdi.texas.00v DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente, Westfield Insurance Company, Westfield National Insurance Company, o Ohio Farmers Insurance Company primero. Si no se resuelve 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 documento adjunto. I THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 09/15121, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4220112 01 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. j CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company, and collectively as 'Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these P Vb ants Make, constitute and appoint i ANDRAJACK, ROBBIE MARTIN, TINA MCLELLAND, HAEVYN KNOBLOCH, JOINTLY OR SEVERALLY of WICHITA FALLS and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - -- LIM&ATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANI M OR BANK DEPOSITORY BONDS. and, to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate Seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming ail that the said Attorney(s)-i n-Fact may (to in the 'Oremises. Said appointment is made under and by authority of the fallowing resolution adopted by the Board of Directors of each of the WETFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive Shall W, and is hereby vested With full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for aindi on behalf of the Company subject to the following provisions: <` The Attorney4n-F&cL May be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any Such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' 'Be it Further Resolved, that the slgnature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal snail be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 8, 2000). In Witness Whereof. WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 15th day of SEPTEMBER A.D., 2021 . Corporate aLu WESTFIELD INSURANCE COMPANY /V Seal S WESTFIELD NATIONAL INSURANCE COMPANY Ali or Affixed 1� #10 OHIO FARMERS INSURANCE COMPANY 41-1 UL SEAL Ln 16413 *V State of Ohio ........ By. y W. turn County of Medina SS.: 6arypler. Nationa(S.,urety Leader and Senior Executive On this 15th day of SEPTEMBER A.D., 2021 , before me personally came Gary W. Sturnper to me known, who, being by me duly sworn, did depose and Say, that he resides in Hartford. CT, that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument: that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals: that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Wanal Seal 00' Affixed t State of Ohio 0 David A. Kotnik, Attorney at Law, Notary Public County of Medina SS.: 0 My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) 1, Frank A. Carrillo, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, Which is still in full force and effect: and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 9th day of May ZQ "Z 4ij. SEAL 1,04': 8=4 a "j) ..... Frank A. Camino, Secretary BPoAC2,,i[ inbiiadj (06 .02) I IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your agent. 3. You may call Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtectionOtdi_texas_oov 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first_ if the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document_ BD5430 (06-15) AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 Puede comunicarse con el Departamento de Sequros 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 Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtectionna tdi.texas.00v DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente, Westfield Insurance Company, Westfield National Insurance Company, o Ohio Farmers Insurance Company primero. Si no se resuelve 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 documento adjunto. 1 2 3 4 5 6 d 8 SECTION 00 62 13 PERFORMANCE BOND 0062 13-1 PERFORMANCE BOND Page I of 3 Bond No. 325448P THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Reeder General Contractors, Inc. known as "Principal" herein and Westfield Insurance Company I a corporate 9 surety(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, (Fort I I Worth Independent School District), authorized to do business in Texas ("Developer") and the 12 City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of, 13 Thirty -Three Thousand Five Hundred Nineteen and 391100 Dollars ($ 33,519.39 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the 15 payment of which sum well and truly to be made jointly unto the Developer and the City as dual 16 obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents. is WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community 20 Facilities Agreement, CFA Number 23-0179 ; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the 9th day of May . 2024, which Contract is hereby referred to and made a 23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 24 and other accessories defined by law, in the prosecution of the Work, including any Change 25 Orders, as provided for in said Contract designated as Rolling Hills Elementary School (Previously Known as Ventana Elementary School.) 26 27 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 28 shall faithfully perform it obligations under the Contract and shall in all respects duly and 29 faithfully perform the Work, including Change Orders, under the Contract, according to the 30 plans, specifications, and contract documents therein referred to, and as well during any period of 31 extension of the Contract that may be granted on the part of the Developer and/or City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH Rolling Hills Elementary School (Previously Known as STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Ventatur Elementaty School.) Revised January 31, 2012 CPN 105096 006213-2 PERFORMANCE BOND Page 2 of 3 1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the 9th day of 9 May .2024 . 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 1%%%"J,1II �Pt Nr O� qJ •O . cc AlV � � ;n SEAL z = 1994 (PrincipAl) Secretary` ",,,,t/7EXAS``,v.�. N-, C_ Witness as to Principal r Wit• � staS>rre ty PRINCIPA Reeder G eral Contractors, Inc. BY: L igJa Lane Reeder, CEO Name and Title Address: 6600 Hawks Creek Ave., Ste 200 Fort Worth, TX 76114 SURETY: J '3 Westfield Insurance Company ` - BY. A Signature Haevyn Knobloch, Attorney -in -Fact Name and Title Address: One Park Circle Westfield Center, OH 44251 Telephone Number: 469-366-3584 *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. CITY OF FORT WORTH Rolling Hills Elementary School (Previously Known as Ventana STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Elementary School) Revised January 31, 2012 CPN 105096 006213-3 PERFORMANCE BOND Page 3 of 3 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Rolling Hills Elementary School (Previously Known as Ventana STANDARD? CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Elementary School.) Revised January 31, 2012 CPN 105096 0062 14- 1 PAYMENTBOND Page I of 2 I SECTION 00 62 14 Bond No. 325448P 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Reeder General Contractors, Inc. known as 9 "Principal" herein, and Westfield Insurance Company , a 10 corporate surety ( or sureties if more than one), duly authorized to do business in the State of 11 Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the 12 Developer, (Fort Worth Independent School District), authorized to do business in Texas 13 "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal 14 sum of Thirty -Three Thousand Five Hundred Nineteen and 39/100 Dollars 15 (S 33,519.39 ), lawful money of the United States, to be paid in Fort Worth, 16 Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the 17 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, 18 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 Number 23-0179 ;and 22 WHEREAS, Principal has entered into a certain written Contract with Developer, 23 awarded the 9th day of May , 2024 , which Contract is hereby 24 referred to and made a 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 26 the Work as provided for in said Contract and designated as Rolling Hills Elementary School (Previously Known as Ventana Elementary School.) 27 28 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that 29 if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined 30 in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work 31 under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. CITY OF FORT WORTH Rolling Hills Elementary School (Previously Known as Ventana STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Elementary School.) Revised January 31, 2012 CAV 105096 1 2 3 4 5 6 7 8 9 10 11 12 13 14 0062 14 - 2 PAYMENTBOND Page 2 or2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 9th day of May , 2024 %%%•`.coNrRq%,, PRINCIPAL: • ' �p�P O Rq�' . General Contractors, Inc. Z � \ _ AT3:SEAL LY 1994 ' r� nat Lane Reeder, CEO (Principal) Secretary Name and Title Address: 6600 Hawks Creek Ave., Ste 200 Fort Worth. TX 76114 Witn ss as to Principal SURETY: Westfield Insurance Company ATTEST: BY: D l liil�lYl , `f•�r� ,' / Signature Haevyn Knobloch, Attorney -in -Fact (Surety) Secretary Name and Title Address: One Park Circle _ Westfield Center, OH 44251 Witness as to Surety Telephone Number: 469-366-3584 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws 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. END OF SECTION CITY OF FORT WORTH Rolling Hills Elementary School (Previously Known as Vemmna Elementary School) STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CAN 105096 Revised January 31, 2012 0062 19- 1 MAINTENANCE BOND Page I of 3 I SECTION 00 62 19 2 MAINTENANCE BOND Bond No. 325448P 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Reeder General Contractors, Inc. known as 9 "Principal" herein and Westfield Insurance Cornpanv a corporate surety 10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as I I "Surety" herein (whether one or more), are held and firmly bound unto the Developer, (Fort 12 Worth independent School District), authorized to do business in Texas ("Developer") and the 13 City of Fort Worth, a Texas municipal corporation ("City"), in the sum 14 of Thirty -Three Thousand Five Hundred Nineteen and 391100 Dollars ($ 33,519.39 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 23-0179 ;and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the 9th day of May , 2024 , 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 29 Rolling Hills Elementary School (Previously Known as Ventana Elementary School.) and 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 Rolling Hills Elementary School (Previously Known as Ventana STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Elementary School.) Revised January 31, 2012 CPN 105096 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 Rolling Hills Elementary School (Prerioaslr Known as STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Nentana Elementary School.) Revised January 31, 2012 CPN 105096 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 9th day of May 3 .2024 . 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 % %CON O?,F O R '• O C: U : �0 SEAL z 1994 1•EXAS (Principal) �Ydidtlaihj"�� Witnes s to Principal ATTEST: (Surety) Secretary "/�_ Wiltnesas t Surety PRINCIPAL: /Reeder Genera ontractors, Inc. BY: Signa re Lane Reeder, CEO Name and Title Address: 6600 Hawks Creek Ave., Ste 200 Fort Worth, TX 76114 SURETY: Westfield Insurance Company - Signature Haevyn Knobloch, Attorney -in -Fact Name and Title Address: One Park Circle Westfield Center, OH 44251 Telephone Number: 469-366-3584 *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 Rolling Hills Elementary School (Previously Known as 6enlana Elementary School.) STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105096 Revised January 31, 2012 DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB ""-'-AIA al.: Document A201 — 2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Rolling Hills Elementary School JOC Work 256-131 10351 Orchard Way Fort Worth, TX 76126 THE OWNER: (Name, legal status and address) Fort Worth Independent School District 7060 Camp Bowie Blvd. Fort Worth, TX 76116 THE CONTRACTOR: (Name, legal status and address) Reeder General Contractors, Inc. 6600 Hawks Creek Ave Fort Worth, TX 76114 THE ARCHITECT: (Name, legal status and address) Pacheco & Koch, A Westwood Company 4060 Bryant Irvin Rd Fort Worth, Tx 76109 THE OWNER'S REPRESENTATIVE: (Name, legal status and address) PROCEDEO Group 3150 McCart Ave. Fort Worth, Texas 76109 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ADMINISTRATION OF THE CONTRACT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For guidance in modifying this document to include supplementary conditions, see AIA Document A503Tm, Guide for Supplementary Conditions. Init. AIA Document A201 — 2017. Copyright m 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for I 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB B TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES 16 BUSINESS ETHICS Init. AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents are trademarks of The 2 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for i resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. U(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9. 10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3 . 10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1,13.4.2,14.2.2,14.2.4,15.1.4,15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4,9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect's Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect's Administration of the Contract 3.1.3,3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor L 1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18,4.1.2,4.2,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4,9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements LLI Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 (nit AIA Document A201 — 2017. Copyright C 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 3 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1. 1. 1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1,9.10.3,10.3.2,11.2,11.5,12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1,3.2.2,3.4.1,3.7.1,3.10.1,3.12.6,5.2.1,5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9. 1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9. 1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2,T13,7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1 A, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8. 1. 1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 4 American institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB Contractor's Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3,11.3,14.1,14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor's Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 33A, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor's Representations 3.2.1,3.2.2,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 2.2.2, 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2,4.2.7, 6.1.3, 6.2.4, T1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9,10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2,9.9.1,10.2.1.2,10.2.5,10.4,12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2,13, 6.3, 7.3.4, 7.3.9,8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8A, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9A.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, T11, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5. 1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 (nit AIA Document A201 — 2017. Copyright C 1911, 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 5 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for 1 resale, is licensed for one-time use only, and may only 6e used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS i Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.103, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4,15.1.4.2,15.2.1,15.2.2,15.2.3,15.2.4,15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1,T14,8.2.2,9.3.2,9.8.4,9.9.1,9.10.2, 10.2.5,11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 1L5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.11, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3,1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3,15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 99.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9,10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9A.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.23, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1 Minor Changes in the Work 1.1.1,3.4.2,3.12.8,4.2.8,7.1,7.4 (fit AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1. 1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5 . 1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1,13.4.2,14.1,14.2.2,14.4.2,15.1.3,15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner's Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9,10.2, 14.2.2 Owner's Right to Carry Out the Work 2.5, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.4 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5,7.3.9,9.2,9.3,9.4,9.5,9.6.3,9.7,9.8.5,9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9. 10. 1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3 A.4, 9.6.7, 9.10.3,11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Init. AIA Document A201 — 2017. Copyright C 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970. 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA logo, and "AIA Contract Documents" are trademarks of The 7 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for i 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(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9. 1, 10.2.2,13.1,13.3,13.4.1,13.4.2,13.5,14,15.2.8,15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.11, 3.5, 112.6, 8.2.1,9.3.3,9.4.2,9.5.1,9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5. 1, 10 Retainage 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2,2.4,2.5,3.5,3.7.4,3.15.2,4.2.6,5.3,5.4,6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2,3.3.2,3.12.1,3.18,4.2.3,5.2.3,5.3,5.4,9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1,11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8 . 1. 1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Init. AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966. 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, T3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4,14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4. 1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, L5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 Init. AIA Document A201 — 2017. Copyright C 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 9 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents • The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement (AIA A101-2017), Conditions of the Contract (General, Supplementary and other Conditions, including without limitation this A201-2017), Contractor's proof of Payment and Performance Bonds and proof of insurance, all sections of the Project Manual and Construction Documents (as defined in § 1.1.3 below) including Drawings, Specifications, and Addenda issued prior to receipt of bids or proposals, and other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties; (2) a Change Order; (3) a Construction Change Directive; or (4) a written order for a minor change in the Work issued by the Architect. Any reference to Contract Documents herein shall include the Construction Documents, and any other documents included in the Contract Documents, as amended and/or supplemented for this Project. § 1.1.1.1 The Agreement, represents the entire and integrated agreement between the Owner and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Any revision, amendment, or modification to the Standard Form of the Agreement shall be valid, binding, and enforceable only if said revision, amendment or modification is made conspicuous by being underlined, lined -through, or highlighted in this Agreement signed by Contractor and the authorized representative of Owner's Board of Trustees as identified in §1.3 of the A101-2017 Agreement as part of this Agreement. In the event of conflict, terms and conditions contained in the Agreement, shall take precedence over terms and conditions contained in the General Conditions, and the terms and conditions in the General Conditions, shall take precedence over all other terms and conditions contained in the other Contract Documents. If the Request for Proposals and the Proposal are included in the Contract Documents, then the Request for Proposals shall take precedence over the Proposal, unless specifically agreed otherwise herein. § 1.1.2 The Contract The Contract Documents form the Contract for Construction. (the "Contract" or "Agreement"). The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a written Modification signed by Contractor, approved by Owner's Board of Trustees, and signed by the representative of the Owner's Board of Trustees who is authorized to sign contracts as mentioned in § 1.3 of the A 101-2017 as part. of this Agreement. As a material consideration for the making of the Contract, modifications to the Contract shall not be construed against the maker of said modifications. The Contract Documents shall not be construed to create a contractual relationship of any kind : (1) between the Contractor and the Architect or the Architect's consultants; (2) between the Owner and a Subcontractor or a Sub -subcontractor; (3) between the Owner and the Architect or the Architect's consultants; or (4) between any persons or entities other than the Owner and the Contractor. (Paragraphs deleted) § 1.1.2.1 To be effective, all Contract Documents requiring signatures must be signed first by the Contractor and then returned to Owner along with required proof of insurance and payment and performance bonds. After approval of such documents by Owner's Representative, the documents shall be signed by Owner's authorized representative. When the Contract documents and all required documents have been signed and approved, Owner's Representative shall then issue a Notice to Proceed to Contractor. If an approved Contract Document requiring Contractor's signature has not been signed, then the missing signature shall be provided within a reasonable period of time but not to exceed ten (10) days. Failure of Contractor to sign an approved Contract Document after notice and a reasonable opportunity to sign shall be considered a material breach of the Contract by Contractor. § 1.1.3 The Work; Construction Documents The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. The Work includes all of Contractor's responsibilities as to all labor, parts, supplies, skill, supervision, transportation services, storage requirements, and other facilities and things necessary, proper, or incidental to the carrying out and Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 1 O American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB completion of the terms of the Contract Documents and the Construction Documents and all other items of cost or value needed to produce, construct, and fully complete the public Work identified by the Contract Documents and the Construction Documents. "Construction Documents" means: all Drawings, Specifications, geotechnical reports, Addenda, submittals, transmittals, deliverables, instructions to Contractors, and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants and which set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. The Construction Documents shall reflect all agreements between Owner and Architect concerning Owner's budgetary constraints, programmatic needs, and expectations as to quality, functionality of systems, maintenance costs, and usable life of equipment and facilities. Said Construction Documents shall reflect the Owner's educational program and educational specifications, the State educational adequacy standards in 19 TAC Section 61.1036 and the standards set forth in Section 3.1.4 of AIA Document B 101-2017. The Architect shall provide Construction Documents which are sufficient for Owner to complete construction of the Project, are free from material defects or omissions, and shall comply with all applicable laws, ordinances, codes, rules, and regulations, as of the date of issuance of Construction Documents. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. (Paragraphs deleted) § 1.1.7 Construction Documents Construction Documents include representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Construction Documents may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. "Construction Documents" includes without limitation the Project Manual for the Work, bidding documents and sample forms, and Contract Documents. § 1.1.8 Addenda Addenda are written or graphic instruments issued prior to the execution of the Contract, which modify or interpret the bidding or proposal documents, including Drawings and Specifications, by additions, deletions, clarifications, or corrections. Addenda will become part of the Contract Documents and Construction Documents when the Agreement is executed. The Contractor and subcontractors shall include all addenda items on their copies of the Drawings and Specifications. § 1.1.9 The Owner may retain Owner's Representative to carry out some of the functions of the administration of the Owner's construction program. The Contractor, Architect, Owner and Owner's Representative (when applicable) shall cooperate with each other in the performance of their respective functions. The management and reporting systems used by the Owner and/or Owner's Representative, including the assignment of the Owner's Representative, may be changed by Owner during the Project. § 1.1.10 Approved, Approved Equal, Approved Equivalents, Or Equal The terms "Approved" and "Approved Equal" relate to the substitution of materials, equipment, or procedure in writing by the Architect prior to receipt of bids. § 1.1.11 Abbreviations AIA: American Institute of Architects. (All references to AIA documents refer to AIA's trademarked documents. Each reference to a specific document shall refer to the document as amended for this Project.) AIEE: American Institute of Electrical Engineers �nit AIA Document A201 — 2017. Copyright C 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Archhects; "American Institute of Archhects; "AIA; the AIR Logo, and "AIA Contract Documents" are trademarks of The 11 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03115/2024, 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(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB ACI: American Concrete Institute AHERA: Asbestos Hazardous Emergency Response Act AISI: American Iron and Steel Institute AISC: American Institute of Steel Construction ANSI: American National Standards Institute ASA: American Standards Association ASTM: American Society of Testing Materials AWSC: American Welding Society Code CERCLA: Comprehensive Environmental Response, Compensation, and Liability Act EPA: Environmental Protection Agency FS: Federal Specification NES: National Electrical Code OSHA: Occupational Safety and Health Administration SPR: Simplified Practice Recommendation TAS: Texas Accessibility Standards UL: Underwriters Laboratories, Inc. § 1.1.12 Bids or Bidding The terms "Bids" or "Bidding" shall include any kind of competitive purchasing under Texas Government Code Chapter 2269. § 1.1.13 Miscellaneous Other Words § 1.1.13.1 Business Day The term "business day" is a day the Owner's Administration Building is scheduled to be open for normal business purposes, unless closed by the Owner's Superintendent of Schools for inclement weather or other reason. Days on which the Administration Building is normally closed are Thanksgiving Break, Winter Break, Spring Break, and Summer Break, as well as other federal, state or local days specified in the calendar approved by the Owner's Board of Trustees on an annual basis. A business day does not include a day on which the Owner's Administration Building is open only for the purposes of conducting candidate filing, early voting, elections, or other special events. § 1.1.13.2 Calendar Day A calendar day is a day on the Gregorian Calendar. The Contract Time is established in calendar days. Extensions of time granted, if any, will be converted to calendar days. All references to a "day" in the Contract shall refer to "calendar days" unless otherwise noted. § 1.1.13.3 Holidays Owner -approved holidays for Contractor's Work are limited to New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. § 1.1.13.4 Work Day Work days are all calendar days except Holidays. "Work Day" does not include any day noted in § 13.8.4. § 1.1.13.5 Anticipated Weather Days An allowance of regular Work Days established as anticipated Work Days lost due to weather delays; said allowance shall be included in Contractor's proposed completion time. Only lost weather days in excess of Anticipated Weather Days shall be considered by Owner for time extensions based upon weather. Section 15.1.5.3 lists required Anticipated Weather Days. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 12 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Contract. § 1.2.1.2 During the course of the Work, should any conflict be found in or between the Contract Documents, the Contractor shall be deemed to have estimated the Work on the basis of the greater quantity or better quality, or the most stringent requirement, unless he shall have obtained an interpretation in writing from the Architect as to what shall govern before the submission of his Proposal. The Architect, in case of such conflict, may interpret or construe the documents so as to obtain the most substantial and complete performance of the Work consistent with the Contract Documents and reasonably inferable therefrom, in the best interest of Owner, and the Architect's interpretation shall be final. The terms and conditions of this clause shall not relieve any party of any other obligation under the Contract Documents. The most recently issued Contract Document takes precedence over previously issued forms of the same document. Figures given on Drawings govern scale management, and large-scale details govern smaller scale Drawings. If an item is shown one place in the Drawings, but not another, or called for in a schedule or the specifications, but not shown on the Drawings, or shown on the Drawings, but not in a schedule, it is to be included. Existing conditions take precedence over Drawings and Specifications for dimensions. The terms and conditions of this Clause 1.2.1.2, however, shall not relieve either party of any of the obligations set forth in Paragraphs 3.2 and 3.7, and this provision shall not be considered to be more important than Subparagraph 1.2.1.1. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.2.4 Relation of Specifications and Drawings General Requirements in the Specifications govern the execution of all Specifications. Summary paragraphs present a brief indication of the Work, but do not limit the Work as later detailed. The Drawings and Specifications are correlative and have equal authority and priority. Should the Drawings and Specifications have internal inconsistencies, then the Contractor shall base the bids and construction on the more expensive combination of quality and quantity of work indicated. For purposes of construction, the Architect shall determine the appropriate Work, after the Contractor brings the inconsistency to the Architect's attention. Failure to report an inconsistency shall be evidence that Contractor has elected to proceed in the more expensive manner. § 1.2.5 Materials, Equipment and Processes Exact location and arrangement of the various pieces of equipment specified shall be determined with the approval of the Architect after equipment has been selected and/or as the Work progresses. All equipment shall, insofar as possible, be installed in such a manner as will not interfere with architectural or structural portions of the building. Should changes become necessary because of a failure of the Contractor to comply with the Contract Documents which results in equipment requiring more area than shown on the Contract Documents, the Contractor shall be fully responsible for completing any required modifications or eliminating any interferences. Where in the Drawings and Specifications, certain products, manufacturer's trade names, or catalog numbers are specified, it is done for the express purpose of establishing a standard of function, dimension, appearance, and quality of design in harmony with the Work, and is not intended for the purpose of limiting competition. Materials or equipment shall not be substituted unless the Architect has specifically accepted such substitution for use on this Project. When more than one material, process, or brand is specified for a particular item of Work, the choice shall be the Contractor's. The final selection of color and pattern will be made by the Owner from the range available within the option selected by the Contractor, unless the item is specified to match a specific color or sample furnished. Where particular items are specified, products of those named manufacturers are required unless Contractor submits for consideration proposed substitutions of materials, equipment or processes from those set out in the Contract Documents. Submittals of proposed substitutions should contain sufficient information to allow the Architect and Owner to determine if the proposed substitution is in fact equal to or better than the requirements in the Contract Documents. The Architect shall review and respond to proposed substitutions within fifteen (15) days of receipt. Contractor shall bear all risk caused by submitting substitutions, including all costs. The Owner may approve substitutions only when the substitution is clearly provided by the Contract to be equal in performance characteristics to the requirements of the Contract Documents, equally compatible with the existing installations and complementary to the architectural design for the Work. Certain specified construction and equipment details may not be regularly included as part of the named Init.AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 13 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB manufacturer's standard catalog equipment but shall be obtained by the Contractor from the manufacturer as required for the proper evaluation and/or functioning of the equipment. Reasonable minor variations in equipment are expected and will be acceptable, if approved by the Architect and Owner, however, indicated and specified performance and material requirements are the minimum. The Owner and the Architect reserve the right to determine the equality of equipment and materials that deviate from any of the indicated and specified requirements. § 1.2.6 Standards and Requirements When the Contract Documents refer to standards, building codes, manufacturers' instructions, or other documents, unless otherwise specified, then the current edition as of the date of execution of the Agreement by the last party to execute said Agreement shall apply. It shall be the responsibility of the Architect to address revisions or amendments to applicable codes or standards which arise after the date of execution of the Agreement and until Final Completion, pursuant to the terms of the Agreement between Owner and Architect. Requirements of public authorities apply as minimum requirements only and do not supersede more stringent specified requirements. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles identified references to Paragraphs, Subparagraphs, and clauses in the documents, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity, the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Construction Documents § 1.5.1 All ownership rights, whether common law, statutory, or other reserved rights, including copyright ownership of the Construction Documents, are controlled by the Agreement between the Owner and the Architect. The Contractor, Subcontractors, Sub -subcontractors, and suppliers shall not own or claim a copyright in the Construction Documents. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of any reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and suppliers are granted a limited license to use and reproduce the Construction Documents provided to them, subject to any protocols established pursuant to Section 1.7, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Construction Documents. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use the Construction Documents on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect's consultants. All copies of the Construction Documents, except the Contractor's record set, shall be returned or suitably accounted for to the copyright holder upon completion of the Work. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project, is not to be construed as publication in derogation of the Architect or Architect's consultants' copyrights or other reserved rights. § 1.6 Notice § 1.6.1 Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice, or if sent by electronic facsimile transmission, to the last business number known to the party giving notice, with electronic confirmation of receipt; or, if sent by electronic mail, to the email address of the Owner's or Contractor's designated representative, with electronic confirmation of receipt. (Paragraph deleted) § 1.7 Digital Data Use and Transmission If the parties intend to transmit Construction Documents or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958. 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 14 American Institute of Architects. This document was produced at 12:15:17 CT on 12104/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB (Paragraphs deleted) ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who is authorized speak on behalf of the Owner. The Board of Trustees, by majority vote, is the only representative of the Owner, an independent school district having the power to enter into a contract, to approve a Change Order requiring an increase in the Contract Sum or agree to an extension to the contractual Completion Date, unless this authority is lawfully delegated. Neither the Architect nor Contractor may rely on the direction of any employee of Owner who has not been designated in writing by the Owner. Owner shall not be financially responsible for actions taken by the Architect or Contractor in reliance upon direction from unauthorized personnel. § 2.1.2 It shall be distinctly understood that by virtue of this Contract, no mechanic, contractor, material person, artisan, or laborer, skilled or unskilled, shall ever in any manner have, claim, or acquire any lien upon the buildings or any of the improvements of whatsoever nature or kind so erected or to be erected by virtue of this Contract or upon any of the land on which said buildings or any of the improvements are so erected, built, or situated, such property belonging to a political subdivision of the State of Texas. It shall be further understood that this Contract is not written for the benefit of third parties. § 2.1.3 The Owner shall require the Contractor and the Architect to meet periodically at mutually -agreed -upon intervals, for the purpose of establishing procedures to facilitate cooperation, communication, and timely responses among the participants. By participating in this arrangement, the parties do not intend to create additional contractual obligations or modify the legal relationships which may otherwise exist. The presence of the Owner, Owner's Representative, or Architect at the Work site does not imply acceptance or approval of the Work. § 2.1.4 The Owner may require that the Contractor use and/or respond to certain Owner -furnished forms or inquiries during the course of the Project. From time to time, there may be future revisions, changes, additions or deletions to these forms. The fact that the Owner modifies and increases reasonable reporting requirements shall not serve as the basis for a claim for additional time or compensation by the Contractor. § 2.1.5 The Contractor stipulates and agrees that the Owner has no duty to discover any design errors or omissions in the Drawings, Plans, Specifications and other Construction Documents, and has no duty to notify Contractor of same. By entering into the Contract Documents or any Agreement with any Architect, Owner does not warrant the adequacy and accuracy of any Drawings, Plans, Specifications or other Construction Documents. § 2.1.6 At any time prior to the Owner's receipt of the executed Agreement with the required bonds and insurance, the Owner may, at its sole option and without cause, reject the offer described in this Agreement by delivering to the Contractor, a written notice stating so. Such notice shall be signed by the Owner's Director of Purchasing, or designee, and shall be effective on receipt by the Contractor. The rejection of the offer described in this Agreement shall cause no obligation or duty to the District, save return of bid or proposal security, if any, if rejection is without cause. This paragraph does not pertain to rejection for cause by the Owner, or for the Contractor's failure to provide required bonds or insurance. § 2.2 Owner's Financial Arrangements § 2.2.1 The Owner, being a public body under the laws of the State of Texas, must have adequate funds and/or financing as provided by law prior to award and execution of the Contract Documents. (Paragraphs deleted) § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 15 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for 1 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor whose status under the Contract Documents shall be that of the Architect. Owner shall notify Contractor if a successor architect has been employed by Owner. § 2.3.4 If requested in writing to do so by Contractor prior the start of the Work, the Owner shall furnish a survey describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. Other than the metes and bounds noted in the survey, if any, Owner does not guarantee or warrant the accuracy of surveys provided, including the locations of utility lines, cables, pipes or pipelines, or the presence or absence of easements. The survey shall not relieve Contractor from its obligation to examine the site or exercise proper precautions relating to the safe performance of the Work. § 2.3.5 T Information or services reasonably necessary for the Work and under the Owner's control, shall be furnished by the Owner with reasonable promptness where requested in writing by the Contractor. Under normal circumstances, fourteen (14) District business days will be considered a reasonable time for Owner's response. In any circumstance where information or services from the Owner, Owner's Representative, or Architect is required, Contractor shall promptly notify, in writing, the Architect with a copy to the Owner's Representative, of the particular need. Absent such notification, any Claim based upon lack of such information or services shall be waived. § 2.3.6 Contractor will be furnished, free of charge, ten (10) copies of Drawings, Project Manuals and one (1) electronic copy. The Contractor will be furnished, at its sole cost and expense, as many additional copies as it may require. § 2.4 Owner's Right to Stop the Work If the Contractor fails to correct defective Work, fails to correct Work that is not in accordance with the requirements of the Contract Documents or the Construction Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. The authorized Owner's representative having the legal right to stop the Work shall be limited to the Owner's Superintendent of Schools or designee. § 2.5 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a (7) day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after such (7) day period, give Contractor a second written notice to correct such deficiencies within a (3) day period. If the Contractor within such (3) day period after receipt to such second notice fails to commence and continue to correct any deficiencies, without prejudice to other remedies the Owner may have, correct such default. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the services of the Architect's, Owner's Representative, and other consultant's additional services made necessary by such default, neglect, or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approve of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall designate in writing a representative who shall Init. AIA Document A201 — 2017. Copyright ® 1911, 1915. 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970. 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIR Logo, and "AIA Contract Documents" are trademarks of The 16 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for 1 resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. U(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect or Owner's Representative in the administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.1.4 The Contractor represents and warrants the following to the Owner (in addition to the other representations and warranties contained in the Contract Documents), as an inducement to the Owner to execute this Contract, which representations and warranties shall survive the execution and delivery of the Contract and the Final Completion of the Work: 1. that it is financially solvent, able to pay its debts as they mature, and possesses sufficient working capital to complete the Work and perform its obligations under the Contract Documents; 2. that it is able to furnish the tools, materials, supplies, equipment, and the labor required to timely complete the Work and perform its obligations hereunder, and has sufficient experience and competence to do so; 3. that it is authorized to do business in the State where the Project is located and properly licensed by all necessary governmental, public, and quasi -public authorities having jurisdiction over it, the Work, or the site of the Project; and 4. that the execution of the Contract and its performance thereof are within its duly -authorized powers. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. The Contractor represents and warrants by submission of a Proposal and execution of the Contract that he has carefully examined the Contract Documents, any soil test reports, drainage studies, geotechnical or other reports and the site of the Work, and that, from his own investigations, he has satisfied himself as to the nature and location of the Work, the character, quality and quantity of surface and subsurface materials likely to be encountered, the character of equipment and other facilities needed for the performance of the Work, the general and local conditions and all other materials which may in any way affect the Work or its performance. Should the Contractor find discrepancies, omissions or conflicts within the Contract Documents, or be in doubt as to their meaning, the Contractor shall at once notify in writing the Architect, Owner's Representative, and Owner, and Architect will issue a written addendum to all parties that is consistent with the Owner's Scope of the Work. The Contractor shall not be entitled to any additional time or compensation for Contractor's failure to visit the site, or for any additional Work caused by the Contractor's fault, by improper construction, or by Contractor's failure to visit the site or to carefully study and compare the Contract Documents prior to execution of the Work. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; the Contractor shall promptly report to the Architect and Owner's Representative, any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. Contractor shall not perform any Work involving an error, inconsistency, or omission without further instructions to Contractor or revised Construction Documents from the Architect. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies, or omissions in the Contract Documents unless the Contractor recognized, or in accordance with the Init. AIA Document A201 — 2017. Copyright C 1911, 1915. 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987. 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 1 i American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB standard of care for a General Contractor, should have recognized such error, inconsistency, or omission and failed to report it to the Architect. § 3.2.3 Neither the Owner nor the Contractor is required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect and Owner's Representative any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor has knowledge that any of the products or systems specified will perform in a manner that will limit the Contractor's ability to satisfactorily perform the Work or to honor his warranty, or will result in a limitation of or interference with the Owner's intended use, then the Contractor shall promptly notify the Architect, Owner's Representative, and Owner in writing, providing substantiation for his position. Any necessary changes, including substitution of materials, shall be accomplished by appropriate Modification. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, as would have been avoided if the Contractor had performed such obligations. Contractor shall take field measurements, verify field conditions, ad shall carefully compare them to the Construction Documents. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities unless the Contractor recognized or in accordance with the standard of care for a General Contractor, should have recognized such error, inconsistency, omission or difference and failed to report it to the Architect. Contractor shall not be entitled to additional compensation for additional Work caused by Contractor's failure to carefully study and compare the Construction Documents prior to the execution of the Work. § 3.2.5 Prior to performing any Work, and only if applicable, Contractor shall locate all utility lines as shown and located on the plans and specifications, including telephone company lines and cables, sewer lines, water pipes, gas lines, electrical lines, including, but not limited to, all buried pipelines and buried telephone cables, and shall perform any Work in such a manner so as to avoid damaging any such lines, cables, pipes, and pipelines. In addition, Contractor shall independently determine the location of same. Contractor shall be responsible for any damage done to such utility lines, cables, pipes and pipelines during its Work, and shall be responsible for any loss, damage, or extra expense resulting from such damage. Repairs shall be made immediately to restore all service. Any delay for such break shall be attributable to Contractor. The Contractor and each Subcontractor shall evaluate and satisfy themselves as to the conditions and limitations under which the Work is to be performed including: 1. the location, condition. layout and nature of the Project site and surrounding areas; 2. generally prevailing climatic conditions; 3. anticipate labor supply and costs; 4. availability and cost of materials, tools, and equipment; and 5. other similar issues. § 3.2.6 Notwithstanding the delivery of a survey or other document by the Owner, Contractor shall perform all Work in such a non -negligent manner so as to avoid damaging any utility lines, cables, pipes, or pipelines on the property. Contractor shall be responsible for any damage done to such lines, cables, pipes, and pipelines during its construction work resulting from its negligent conduct. § 3.2.7 The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for the Architect to evaluate and respond to the Contractor's requests for information, where such information was available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, Owner -provided information, Contractor -prepared coordination drawings, and / or prior Project correspondence or documentation. If, in the reasonable opinion of the Architect, the Contractor does not make reasonable effort to comply with any of the above requirements of the Contract Documents and this causes the Architect or his Consultants to expend an unreasonable amount of time in the discharge of the duties imposed by the Contract Documents, then the Contractor shall bear the cost of compensation for the Architect's additional services made necessary by such failure. § 3.2.8 If applicable, Contractor shall review the appropriate AHERA and hazardous materials surveys for the particular campuses involved in the Project and shall notify all Subcontractors and Sub -subcontractors of the necessity to review said surveys. Contractor shall perform any Work in such a manner as to avoid damaging, exposing, or dislodging any asbestos -containing materials that are clearly identified and located in AHERA and other hazardous Init. AIA Document A201 — 2017. Copyright C 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The $ American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03115/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB material surveys. Before performing any portion of the Work, the Contractor shall fully investigate all physical aspects of the Project Site and verify all dimensions, measurements, property lines, grades and elevations, existing improvements, and general suitability of existing conditions at the Project site. If applicable, Contractor shall comply with U.S. Environmental Protection Agency rules concerning renovating, repairing, or painting work in schools built prior to 1978 involving lead -based paint. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects in writing to the Contractor's proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. As part of that responsibility, Contractor shall enforce the Owner's alcohol -free, drug -free, tobacco -free, harassment -free and weapon -free policies and zones, which will require compliance with those policies and zones by Contractor's employees, subcontractors, and all other persons carrying out the Contract. Contractor shall require all construction workers, whether Contractor's own forces or the forces of Contractor's subcontractors, while on Owner's property, to refrain from committing any criminal conduct, using tobacco products, possessing or drinking alcoholic beverages, possessing or using illegal drugs or any controlled substance, carrying or possessing weapons, speaking profane and/or offensive language, or engaging in any inappropriate interactions of any nature whatsoever with students and employees, including talking, touching, staring or otherwise contributing to a hostile or offensive environment for Owner's students and employees. All areas of campus, other than the defined construction area, shall be off limits to Contractor's forces, unless their work assignment specifies otherwise. Contractor shall also require adequate and appropriate dress and identification of Contractor's employees, subcontractors, and all other persons carrying out the Work. Contractor shall require all construction workers, whether Contractor's own forces or the forces of Contractor's subcontractors, to wear identification tags on the front of their persons during all times that they are on Owner's property. Such identification tags shall contain a current photograph and the worker's full name in a typeface large enough to be seen from a reasonable distance. The Contractor shall further ensure that no on -site fraternization shall occur between personnel under the Contractor's and Subcontractor's direct or indirect supervision and Owner's students or employees and the general public. Failure of an individual to adhere to these standards of conduct shall result in the immediate removal of the offending employee from all construction on any of Owner's property. Repeated removal of Contractor's or Contractor's subcontractor's forces, or one serious infraction, shall constitute a substantial breach of the Agreement justifying the immediate termination by Owner pursuant to Article 14. Contractor shall require all construction workers, whether Contractor's own forces or the forces of Contractor's subcontractors, to park their personal motor vehicles on Owner's property only in the parking places designated by the Owner's campus principal. Any vehicles not parked in the appropriate locations shall be towed at the vehicle owner's sole expense. Contractor shall follow, and shall require all employees, agents or subcontractors to follow, the tree ordinance of the municipality in which the Project is located. In addition, if not covered by the municipal tree ordinance, Contractor shall barricade and protect all trees on the Project, which shall be included in the Cost of the Work. Contractor shall institute a theft deterrence program designed to restrict construction worker access to properties of Owner that are currently in use, to maintain supervision of Contractor's and Contractor's subcontractor's forces, and to reimburse the Owner or those persons suffering a theft loss which results from Contractor's forces or Contractor's subcontractor's forces' actions, omissions, or failure to secure the Work or connecting or adjacent property of Owner. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. Init. AIA Document A201 — 2017. Copyright C 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 19 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 3.3.4 The Contractor shall properly and efficiently coordinate the timing, scheduling and routing of all Work performed by all sub -contractors and sub -sub -contractors. § 3.3.5 To the extent that any portion of the Work requires a trench excavation exceeding five (5) feet in depth, in accordance with Texas Health and Safety Code Section 756.023(a), Contractor shall fully comply, and shall require any applicable subcontractor to comply, with: The Occupational Safety and Health Administration standards for trench safety in effect for the Construction of the Work; The special shoring requirements, if any, of the Owner; and Any geotechnical information obtained by Owner for use by the Contractor in the design of the trench safety system. § 3.3.6 The Contractor shall review Subcontractor safety programs, procedures, and precautions in connection with performance of the Work. However, the Contractor's duties shall not relieve any Subcontractor(s) or any other person or entity (e.g., a supplier), including any person or entity with whom the Contractor does not have a contractual relationship, of their responsibility or liability relative to compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances which shall include the obligation to provide for the safety of their employees, persons, and property and their requirements to maintain a work environment free of recognized hazards. The foregoing notwithstanding, the requirements of this Paragraph are not intended to impose upon the Contractor any additional obligations that the Contractor would not have under any applicable state or federal laws, including, but not limited to, any rules, regulations, or statutes pertaining to the Occupational Safety and Health Administration. § 3.3.7 It is understood and agreed that the relationship of Contractor to Owner shall be that of an independent contractor. Nothing contained in this Agreement or inferable from this Agreement shall be deemed or construed to: (1) make Contractor the agent, servant or employee of the Owner; or (2) create any partnership, joint venture, or other association between Owner and Contractor. Any direction or instruction by Owner or any of its authorized representatives in respect of the Work shall relate to the results the Owner desires to obtain from the Work and shall in no way affect Contractor's independent contractor status. § 3.3.8 Pursuant to Texas Labor Code Sec. 214.008, the Contractor and any subcontractor on the Project shall properly classify, as an employee or an independent contractor, in accordance with Texas Labor Code Chapter 201, any individual the Contractor or subcontractor directly retains and compensates for services in connection with this Agreement. Any Contractor or subcontractor who fails to properly classify such an individual may be subject to the penalties of Texas Labor Code Sec. 214.008(c). § 3.4 Labor and Materials § 3.4.1 These Contract Documents shall not be construed to deny or diminish the right of any person to work because of the person's membership or other relationship status with respect to any organization. Texas Government Code §2269.054. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for qualified, careful, and efficient workers and labor, eligible to work in accordance with state and federal law. Contractor shall appropriately classify all workers in accordance with the Fair Labor Standards Act, its implementing regulations, and Texas Labor Code Section 214.008. In addition, unless otherwise provided in the Contract documents, the Contractor shall provide and pay for materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Before ordering any material or doing any Work, Contractor shall verify all dimensions and check all conditions in order to assure Contractor that they are the same as those in the Drawings, Specifications, and other Construction Documents. Any inconsistency shall be brought to the attention of the Architect. In the event that discrepancies occur between ordered material and actual conditions and Architect was not notified beforehand, then costs to correct such discrepancies shall be borne by Contractor. AIA Document A201 — 2017. Copyright® 1911, 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights (nit. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The ZO American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for i resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Seance. To report copyright violations, e-mail docinfo@aiacontracts.com. U(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the prior written consent of the Owner, after evaluation by the Architect and Owner's Representative and in accordance with a Change Order. § 3.4.2.1 After evaluation by the Architect and Owner's Representative, substitutions and alternates may be rejected by the Architect without explanation and will be considered only under one or more of the following conditions: (i) the proposal is required for compliance with interpretation of code requirements or insurance regulations then existing; (ii) specified products are unavailable through no fault of the Contractor; (iii) and when, in the judgment of the Architect, a substitution would be substantially in the Owner's best interests, in terms of cost, time, or other considerations. § 3.4.2.2 The Contractor must submit to the Architect and Owner's Representative: (i) a full explanation of the proposed substitution and submittals of all supporting data, including technical information, catalog cuts, warranties, test results, installation instructions, operating procedures, and other like information necessary for a complete evaluation for the substitution; (ii) a written explanation of the reasons the substitution should be considered, including the benefits to the Owner and the Work in the event the substitution is acceptable; (iii) the adjustment, if any, in the Contract Sum; (iv) the adjustment, if any, in the time of completion of the Contract and the construction schedule; and (v) an affidavit stating: (a) the proposed substitution conforms to and meets all requirements of the pertinent Specifications and the requirements shown on the Drawings; and (b) the Contractor accepts the warranty and will coordinate the Work to be complete in all respects, as if originally specified by the Architect. Proposals for substitutions shall be submitted in writing to the Architect and Owner's Representative in sufficient time to allow the Architect and Owner's Representative no less than fifteen (15) working days for review. No substitutions will be considered or allowed without the Contractor's submittals of complete substantiating data and information. § 3.4.2.3 Whether or not the Architect and Owner's Representative accept any proposed substitution, the Contractor shall reimburse the Owner for any fees charged by the Architect or other consultants for evaluating each proposed substitution. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. THE CONTRACTOR RELEASES, INDEMNIFIES AND HOLDS HARMLESS THE OWNER FOR CONTRACTOR'S FORCES' NON-COMPLIANCE WITH OWNER'S DRUG -FREE, ALCOHOL -FREE, WEAPON -FREE, HARASSMENT -FREE, AND TOBACCO -FREE ZONES, CONTRACTOR'S FORCES' NON-COMPLIANCE WITH CRIMINAL LAW, OR CONTRACTOR'S OR CONTRACTOR'S FORCES' NON-COMPLIANCE WITH IMMIGRATION LAW OR REGULATIONS. Any individual found by Owner to have violated these restrictions is subject to permanent removal from the Project, at Owner's request. Contractor shall place similar language in its subcontract agreements, requiring its Subcontractors and Sub -subcontractors to be responsible for their own forces and Contractor shall cooperate with the Owner to ensure Subcontractor and Sub -subcontractor compliance. § 3.4.4 Including, but not limited to, the specific requirements of Article 10, Contractor, its subcontractors and vendors shall bear responsibility for compliance with all federal, state and local laws, regulations, guidelines, and ordinances pertaining to worker safety and applicable to the Work. Contractor further recognizes that the Owner, Owner's Representative, and Architect do not owe the Contractor any duty to supervise or direct his work so as to protect the Contractor from the consequences of his own conduct. § 3.4.5 Pursuant to Texas Education Code Section 44.034, Contractor must give advance written notice to the Owner if the Contractor or an owner or operator of the Contractor has been convicted of a felony and provide a general description of the conduct resulting in the conviction for the felony. The Owner may terminate this Agreement if the Owner determines that the Contractor failed to give such notice or misrepresented the conduct resulting in the conviction. This paragraph requiring advance notice does not apply to a publicly -held corporation. § 3.4.6 CRIMINAL HISTORY CHECKS § 3.4.6.1 Contractor shall obtain all criminal history information required by Texas Education Code Chapter 22 regarding its "covered employees", as defined below. If Contractor is required by Chapter 22 to obtain the information Init AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937. 1951, 1958. 1961, 1963, 1966, 1970, 1976. 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 21 American Institute of Architects. This document was produced at 12:15:17 CT on 12104/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB from the Fingerprint -based Applicant Clearinghouse of Texas, then Contractor will also subscribe to that person's criminal history record information. Before beginning any Work on the Project, Contractor will provide written certification to the District that Contractor has complied with the statutory requirements as of that date. Upon request by Owner, Contractor will provide, in writing: updated certifications and the names and any other requested information regarding covered employees, so that the Owner may obtain criminal history record information on the covered employees. Contractor shall assume all expenses associated with obtaining criminal history record information. § 3.4.6.2 Contractor will not assign any "covered employee" with a "disqualifying criminal history", as those terns are defined below, to work on the Project. If Contractor receives information that a covered employee has a reported disqualifying criminal history, then Contractor will immediately remove the covered employee from the Project and notify the Owner in writing within three business days. If the Owner objects to the assignment of any covered employee on the basis of the covered employee's criminal history record information, then Contractor agrees to discontinue using that covered employee to provide services on Owner's Project. If Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees, Contractor will ensure that these precautions or conditions continue throughout the time the contracted services are provided. § 3.4.6.3 For the purposes of this Section, "covered employees" means employees, agents or applicants of Contractor who has or will have continuing duties related to the services to be performed on Owner's Project and has or will have direct contact with Owner's students. The Owner will decide what constitutes direct contact with Owner's students. "Disqualifying criminal history" means: any conviction or other criminal history information designated by the Owner; any felony or misdemeanor conviction that would disqualify a person from obtaining educator certification under Texas Education Code Section 21.060 and 19 Texas Administrative Code §249.16; or one of the following offenses, if at the time of the offense, the victim was under 18 years of age or enrolled in a public school: a felony offense under Texas Penal Code Title 5 Offenses Against Persons; an offense for which a defendant is required to register as a sex offender under Texas Code of Criminal Procedure Chapter 62; or an equivalent offense under federal law or the laws of another state. §3.4.6.4 Subcontractors or any subcontractor entity, as defined by Texas Education Code §22.0834 1 (a)(3), shall be required by the terms of their contract with Contractor or any other contracting entity (as defined in Texas Education Code §22.08341(a)(1)), and by Texas law, to obtain the required criminal history record information on their employees, agents, or applicants, to give required certifications to Owner and the contracting entities, and to obtain required certifications from the subcontracting entity's subcontractors. §3.4.6.5 On request of Owner, Contractor shall provide all necessary identifying information to allow Owner to obtain criminal history record information for covered employees of the Contractor and all subcontractors. Contractor shall update this list on Owner's request. §3.4.6.6 Contractor's employees and subcontractors shall be identified by a photographic identification badge issued by a District -approved third -party company at the Contractor and subcontractor's expense. The third -party company shall verify the Contractor and subcontractors have fulfilled the obligations with regard to criminal record history background checks and may be used to verify compliance with the Federal Drug Free Workplace Act of 1988, or its successor, and the Federal Education Department General Administrative Regulations, current edition, in its testing and review process. The badge must be renewed annually. Contractor's violation of this section shall constitute a substantial failure under Article 14. If the Contractor is the person or owner or operator of the business entity, the individual may not self -certify regarding the criminal history record information and its review and must submit original evidence acceptable to the Owner with this Agreement showing compliance. § 3.4.7 Owner's Additional Requirements Related to Criminal Histories In addition, Contractor will at least annually obtain criminal history record information that relates to any employee, agent, or applicant of the Contractor, if the person has or will have duties related to the Project, and the duties are or will be performed on Owner's Project, or at another location where students are likely to be present. Contractor shall assume all expenses associated with the background checks and shall immediately remove any employee, agent or subcontractor who was convicted of a felony or a misdemeanor involving moral turpitude from Owner's property, or other location where students are likely to be present. Owner shall determine what constitutes "moral turpitude" or a "location where students are likely to be present." Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 22 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for 1 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 3.4.8 Prevailing Wage Rates § 3.4.8.1 Contractor, Contractor's Subcontractors and Sub -subcontractors shall pay all workers not less than the general prevailing rate of per diem wages for work of a similar character where the Project is located, as detailed in the "Minimum Wage Schedule" attached to this Agreement. Wages listed are minimum rates only. However, no claims for additional compensation above the Contract Sum shall be considered by the Owner because of payments of wage rates in excess of the applicable rate provided herein. Texas Government Code Section 2258.001 et seq. § 3.4.8.2 Contractor shall forfeit, as a penalty to the Owner, $60 for each laborer, worker or mechanic employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract Documents. § 3.4.8.3 Owner reserves the right to receive and review payroll records, payment records, and earning statements of employees of Contractor, and of Contractor's Subcontractors and Sub -subcontractors. § 3.4.8.4 In executing the Work under the Contract Documents, Contractor shall comply with all applicable state and federal laws, including but not limited to, laws concerned with labor, equal employment opportunity, safety and minimum wages. § 3.4.8.5 See Exhibit _M_ attached hereto for the minimum wage schedule. If no schedule is attached, then the parties shall use the wage rate determined by the US Department of Labor in accordance with the Davis -Bacon Act, 40 USC Section 276a, which can be accessed on the internet at www.gpo.gov/davisbacon/. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. The Contractor further warrants that Contractor shall perform the Work in a good and workmanlike manner, continuously and diligently in accordance with generally accepted standards of construction practice for construction of projects similar to the Project, except to the extent the Contract Documents expressly specify a higher degree of finish or workmanship, in which case the standard shall be the higher standard. All material shall be installed in a true and straight alignment, level and plumb; patterns shall be uniform; and jointing of materials shall be flush and level, unless otherwise directed in writing by the Architect. Work, materials, or equipment not conforming to these requirements is defective and in breach of this Agreement, unless the Owner has agreed, in writing, to waive the defect. The Contractor's warranty excludes remedy for damage or defect caused by abuse, changes to the Work not executed by the Contractor, improper or insufficient maintenance (unless such maintenance is Contractor's responsibility), improper operation, or normal wear and tear and normal usage, but such exclusions shall only apply after Owner has taken occupancy of the damaged or defective portion of the Project. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Notwithstanding anything in the Contract Documents to the contrary, Owner and Contractor expressly agree that the warranties stated herein shall mean the individual warranties associated with each particular Work within the Project, and each such individual warranty shall run from the applicable Work's Substantial Completion date (unless otherwise expressly provided in the applicable Contract Documents for that particular Work). Contractor's express warranty is in addition to, and not in lieu of, Owner's other available remedies. All required warranties on equipment, machinery, materials, or components shall be submitted to the Architect on the manufacturer's or supplier's approved forms for delivery to the Owner. The warranties set out in this Subparagraph are not exclusive of any other warranties or guarantees set out in other places in the Contract Documents or expressed or implied under applicable law. § 3.5.2 Contractor shall certify that the Project has been constructed in general conformance with the Architect's or Engineer's plans, specifications, and Construction Documents, as modified from time to time pursuant to the terms of the Contract Documents. Contractor shall fully complete a "Certification of Project Completion" as required by 19 Texas Administrative Code Section 61.1036. The Contractor shall provide all reasonable assistance in achieving compliance with building code specifications, accessibility standards, and Texas Education Agency Commissioner's rules in the Work. The Contractor shall deliver to the Owner its written guarantee, in the form attached to this contract Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987. 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA;" the AIA Logo, and "AIA Contract Documents" are trademarks of The 23 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB as Exhibit "B", guaranteeing all of the Work under the Contract to be free from faulty material in every particular, and free from improper workmanship, and against injury except from proper and usual wear and tear; and agreeing to replace or re -execute without cost to the Owner such Work as may be found to be improper, imperfect, or of unsatisfactory materials and/or workmanship, without cost to the Owner, and to make good all damage caused to other Work or materials, or to the Owner's property, real and personal due to such improper, imperfect or faulty materials and/or workmanship, and/or due to the required replacement or re -execution. Such warranty periods shall be maintained not withstanding that certain systems may be activated prior to Substantial Completion as required for the satisfactory completion of the Project. This guarantee shall be made to cover a period of one (1) year from the date of Substantial Completion as certified by the Architect under this Contract. This guarantee must be furnished to the Owner and approved by it before acceptance and final payment is made. § 3.5.3 In the event of failure of materials, products, or workmanship, either during construction or the warranty period, the Contractor shall take appropriate measures to ensure correction of defective Work or replacement of the defective items, without cost to the Owner. Such warranty shall be maintained notwithstanding that certain systems may be activated prior to Substantial Completion as required for the satisfactory completion of the Project. Upon written notice from the Owner or Architect, the Contractor shall promptly remedy defects as covered by Contractor's warranty. If Contractor does not respond to the written notice, either by beginning corrective work or notifying Owner in writing regarding when corrective work will begin, within ten days of Contractor's receipt of the written notice, then the Owner may take measures to correct the Work and Contractor will be obligated to reimburse Owner's costs. The provisions of this subparagraph shall be in addition to, and not in lieu of, any other rights and remedies available to the Owner. § 3.5.4 When deemed necessary by the Owner and prior to installation of any item specifically made subject to a performance standard or regulatory agency standard under any provision of the Contract Documents, Contractor shall furnish proof of conformance to the Architect. Proof of conformance shall be in the form of: 1. an affidavit from the manufacturer certifying that the item is in conformance with the applicable standards; 2. an affidavit from a testing laboratory certifying that the product has been tested within the past year and is in conformance with the applicable standards; or 3. such further reasonable proof as is required by the Architect. § 3.5.5 The Contractor agrees to issue in the name of the owner, or assign to the Owner at Final Completion of the Work, such assignment to be effective no later than Final Completion, any and all material, equipment, fixtures and furniture (if supplied or installed by Contractor or its subcontractors), other special warranties, and manufacturers' warranties relating to materials and labor used in the Work. Contractor further agrees to perform the Work in such manner so as to preserve any and all manufacturers' warranties. All forms will be required to be submitted prior to Final Payment. § 3.5.6 The warranties of Contractor provided in Subparagraphs 3.5.1, 3.5.2, and 3.5.3 shall in no way limit or abridge the warranties of the suppliers of equipment and systems which are to comprise a portion of the Work and all such warranties shall be in form and substance as required by the Contract Documents. Contractor shall take no action or fail to act in any way which results in the termination or expiration of such third -party warranties or which otherwise results in prejudice to the rights of Owner under such warranties. Contractor agrees to provide all notices required for the effectiveness of such warranties and shall include provisions in the contracts with the providers and manufacturers of such systems and equipment whereby Owner shall have a direct right, but not a duty, of enforcement of such warranty obligations. § 3.5.7 Contractor shall maintain a complete and accurate schedule of the date(s) of Substantial Completion, the date(s) of Final Completion, and the dates upon which the warranty under Section 12.2 herein on each phase or building will expire. Contractor shall provide a copy of such schedules to Owner and Architect. Prior to termination of the warranty period under Section 12.2 herein, Contractor shall accompany Owner and Architect on re -inspection of each Work in the Project and Contractor shall be responsible for correcting any warranty items which are observed or reported during the warranty period under Section 12.2 herein. Contractor shall prosecute such warranty work under Section 12.2 herein without interruption until accepted by Owner and Architect, even though such work should extend beyond the warranty period under Section 12.2 herein. If Contractor fails to provide the schedules to Owner and Architect, Contractor's warranty obligation described herein shall continue until such inspection is conducted and deficiencies are corrected. Init AIA Document A201 — 2017. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," WA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 24 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for i 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(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 3.5.8 Prior to receipt of Final Payment, Contractor shall: 1. Obtain duplicate original warranties, executed by all subcontractors, making the dates of beginning of the warranties the Date of Substantial Completion; and the warranties of suppliers and manufacturers, making the dates of beginning of the warranties no later than the Date of Final Completion; 2. Verify that the documents are in proper form and contain full information; 3. Co-sign warranties when required; 4. Bind all warranties in commercial quality 8-1/2 X 1 I inch three-ring binder, with hardback, cleanable, plastic covers; 5. Label the cover of each binder with a typed or printed title labeled "WARRANTIES", along with the title of the Project; name, address and telephone number of Contractor; and name of its responsible principal; 6. Include a Table of Contents, with each item identified by the number and title of the specification section under which the product is specified; 7. Separate each warranty with index tab sheets keyed to the Table of Contents listing; and 8. Deliver warranties and bonds in the form described above, to the Architect who will review same prior to submission to the Owner. § 3.6 Taxes Owner is an exempt entity under the tax laws of the State of Texas. Texas Tax Code § 151,309; 34 TAC §3.322. The Owner represents that this Project is eligible for exemption from the State Sales Tax on tangible personal property and material incorporated in the Project, provided that the Contractor fulfills the requirements of the Texas Tax Code § 151.309, § 151.310, § 151.311 and 34 TAC §3.291; 3.287. For the purpose of establishing exemption, it is understood and agreed that the Contractor may be required to segregate materials and labor costs at the time a Contract is awarded. Contractor will accept a Certificate of Exemption from the Owner, pursuant to Texas Tax Code § I51.054(e); § 151.155; and 34 TAC §3.287. Contractor shall obtain Certificates of Resale from Contractor's suppliers. Texas Tax Code § 151.154, 34 TAC §3.285. Failure of Contractor or any Sub -Contractor to obtain Certificates of Resale from their suppliers shall make the Contractor or Sub -Contractor responsible for absorbing the tax, without compensation from Owner. Contractor shall pay all necessary local, county and state taxes, income tax, compensation tax, social security, and withholding payments as required by law. CONTRACTOR HEREBY RELEASES, INDEMNIFIES, AND HOLDS HARMLESS OWNER FROM ANY AND ALL CLAIMS AND DEMANDS MADE AS A RESULT OF THE FAILURE OF CONTRACTOR OR ANY SUBCONTRACTOR TO COMPLY WITH THE PROVISIONS OF ANY OR ALL SUCH LAWS AND REGULATIONS. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, and governmental fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and which are legally required at the time bids are received or negotiations concluded. After Architect has filed the plans and specifications with the Texas Department of Licensing and Regulation, Architect shall notify Contractor that Contractor may make and submit the applications for the building permit. All connection charges or inspection fees as may be imposed by any municipal agency or utility company are included in the Contract Sum and shall be the Contractor's responsibility. § 3.7.1.1 Architect shall assist Contractor in obtaining an Occupancy Permit by accompanying governing officials during inspections, including the architectural barrier inspection and correction, of the Project, if requested to do so by Init. AIA Document A201 — 2017. Copyright C 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 1A American Institute of Architects. This document was produced at 12:15:17 CT on 12/0412023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB the Owner's Representative or Owner. Architect shall assist the Contractor in obtaining the Certificate of Occupancy prior to the issuance of the Certificate of Substantial Completion. § 3.7.1.2 The Contractor shall pay directly all temporary utility charges, tap charges, and water meter charges, without reimbursement from Owner. After consultation with the Owner, the Contractor shall also obtain all permits and approvals, and pay all fees and expenses, if any, associated with National Pollutant Discharge Elimination System (NPDES) regulations administered by the Environmental Protection Agency (EPA) and local authorities, if applicable, that require completion of documentation and/or acquisition of a "Land Disturbing Activities Permit" for the Project. Also, after consultation with the Owner, the Contractor shall obtain all permits and approvals, and pay all fees and expenses, if any, associated with Storm Water Pollution Prevention and Pollution Control Plan (SWPPP) regulations administered by the Texas Commission on Environmental Quality (TCEQ) and local authorities. Contractor's obligations under this Section may or may not require it to obtain or perform engineering services during the pre -construction phase to prepare proper drainage for the construction sites. Any drainage alterations made by Contractor during the construction process, which require the issuance of a permit, shall be at Contractor's sole cost. Reimbursable expenses shall not include any fines or penalties assessed against the Contractor, Contractor's subcontractors, the Project, or the Owner. . § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. In addition, Contractor shall authorize posting of any notices concerning the Workers Compensation insurance carried by other parties involved in the Project, including without limitation, Architect, at the same location where Contractor posts notices regarding Workers Compensation. If applicable, the Contractor shall procure and obtain all bonds required of the Owner or the Contractor by the municipality in which the Project is located or by any other public or private body with jurisdiction over the Project. In connection with such bonds, the Contractor shall prepare all applications, supply all necessary back-up material and furnish the surety with any required personal undertakings. The Contractor shall also obtain and pay all charges for all approvals for street closings, traffic control, parking meter removal and other similar matters as may be necessary or appropriate from time to time for the performance of the Work. § 3.7.3 If the Contractor performs Work when Contractor knows or reasonably should have known it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, the Contract Documents, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than three (3) business days after first observance of the conditions. Contractor agrees that this is a reasonable notice requirement. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially, the Architect will report findings and a recommended resolution in writing to Owner and Contractor. If Owner's Board of Trustees and Contractor cannot agree on an equitable adjustment to the Contract Sum or Contract time, then either party may pursue alternative dispute resolution as provided for in Article 15 within ninety (90) days of the Architect's recommendation. If such conditions will cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, the Architect will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect in writing. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 26 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 3.7.6 The Contractor shall be responsible for timely notification to and coordination with all utility companies regarding the provision of services to the Project. The Contractor shall inform the Architect at once when the Owner's participation is required, and the Architect shall immediately notify the Owner's Representative. Connections for temporary and permanent utilities and payment for temporary utilities services required for the Work, whether the Work is new construction or renovation of an existing facility, are the responsibility of the Contractor unless otherwise agreed. If the Work is new construction, then payment for temporary and/or permanent utility services shall be the responsibility of the Contractor until Substantial Completion. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct. § 3.8.2 Unless otherwise provided in the Contract Documents, 1. allowances shall cover the cost to the Contractor of materials and equipment delivered at the site, less applicable trade discounts; 2. Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit, bonds, insurance, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and 3. whenever costs are more than or less than allowances, the Contract Sum. or Owner's contingency (in Owner's discretion) shall be adjusted accordingly. The amount of the adjustment shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1; and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner. To avoid delay in the Work, provided that if a decision is needed to avoid delay, Contractor shall notify Architect and Owner's Representative in writing sufficiently in advance of needed date to allow reasonable time for selections to be made. § 3.8.4 When performing Work under allowances, Contractor shall solicit and receive not less than three written proposals and shall provide the Work as directed by the Architect, upon Owner's written approval, on the basis of the best value to the District. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site at all times during performance of the Work. In addition, the Contractor may employ a project manager and necessary assistants who may supervise several Project sites. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be similarly confirmed in writing. Other communications shall be similarly confirmed on written request in each case. Questions about plan interpretation or directions shall be submitted to the Architect in the form of a written request for information and the Architect shall respond to such request for information in a reasonable and timely fashion. Contractor's selection of project manager or superintendent(s) shall be approved by Owner, and Contractor shall not replace the project manager or superintendent(s) without Owner's consent (which will not be unreasonably withheld) or until a replacement project manager or superintendent(s) has been selected in accordance with this Section. The Owner may reject or require removal of any job superintendent, project manager or employee of the Contractor, Subcontractor or Sub -Subcontractor involved in the Project. Contractor shall provide an adequate staff for the proper coordination and expedition of the Work. Owner reserves the right to require Contractor to dismiss from the Work any employee or employees that Owner may deem incompetent, careless, insubordinate, or in violation of any provision in these Contract Documents. This provision is applicable to Subcontractors, Sub -Subcontractors and their employees. All of Contractor's and Subcontractor's personnel shall comply with all applicable health, safety, and loss prevention rules of applicable authorities. Contractor shall, at its own expense, remove from the Work any person who fails to comply with such rules and instructions in any material respect. § 3.9.2 Contractor's superintendent shall be present full-time on the site during performance of the Work as soon as possible after commencement of the Work, and shall remain assigned to this Work, and present on the site during Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 27 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB performance of the Work, throughout the course of the Work until items requiring completion or correction, identified at Substantial Completion pursuant to Section 9.8, have been completed or corrected. From Substantial Completion until Final Completion, the superintendent shall be on the site as necessary to ensure that Final Completion occurs within 30 days of Substantial Completion. § 3.9.3 Owner shall be notified not less than 24 hours before any time that superintendent will not be present at the site for any reason except periodic illness. If the reason is due to illness, then Owner shall be notified at the beginning of that day. Owner shall be notified of the identity of the acting superintendent. In the event the superintendent is absent from the site and notice has not been provided nor has an acting superintendent been assigned to the Work, then an amount equal to the superintendent's daily rate shall be deducted from the amount owed to the Contractor under general conditions for such day. § 3.9.4 Owner requires that one of its employees must be on the Project site at all times when the Work is being performed by Contractor. Contractor agrees that Contractor will reimburse Owner in the amount of $35.00 per hour for each hour outside of Owner's regular business hours that Owner's employee is present due to Contractor's performance of Work outside of Owner's regular business hours. Contractor will submit at close-out, or when needed by Owner, and on forms approved by Owner and Owner's Representative, the record of all such employee time, so that credits will be applied to Contractor's final payment for such reimbursement to Owner. § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 A detailed critical path method schedule format shall be prepared by Contractor and used for the Contractor's construction schedule with thorough updates to the schedule prepared at least monthly. All schedule updates shall address the subject of how the Contractor intends to address any critical path delays previously encountered. The schedule shall not interfere with the operation of Owner's existing facilities and operations without Owner's prior written approval. The Project Schedule is a schedule for the Project showing all activities, and critical and milestone dates necessary to complete the Project within the allotted time. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall prepare and submit a submittal schedule for the Architect's approval. The Architect's approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in accordance with the most recent schedules submitted to the Owner, Owner's Representative, and Architect. § 3.10.4 The Contractor shall hold weekly progress meetings at the Project Site, or at such other time and frequency as are acceptable to the Owner. Progress of the work shall be reported at said meetings with reference to Contractor's construction schedule. The Contractor shall submit to the Architect with each monthly application for payment a copy of the progress schedule showing all modifications required and shall take whatever corrective action is necessary to assure that the project completion schedule is met at no additional cost to Owner, except as allowed herein. In the event that Contractor shall fall behind schedule at any time, Contractor shall develop and deliver a recovery plan to the Owner with a recovery schedule and a program describing the additional manpower, overtime, material expediting, resequencing of the Work and other steps Contractor shall take to meet the requirements of the Contract. Contractor shall not be entitled to compensation from the Owner or any increase in the Contract Sum for the schedule recovery efforts. No approval or consent by the Owner of any plan for resequencing or acceleration of the Work submitted by Contractor shall constitute a waiver by Owner of any damages or losses which Owner may suffer by reason of such resequencing or the failure of Contractor to meet the Substantial Completion Date or the Final Completion Date. § 3.10.5 The process of approving Contractor's schedules and updates to Contractor's schedule shall not constitute a warranty by the Owner that any non -Contractor milestones or activities will occur as set out on Contractor's schedule. Approval of a Contractor's schedule does not constitute a commitment by the Owner to Init. AIA Document A201 — 2017. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA; the AIA Logo, and "AIA Contract Documents" are trademarks of The 28 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB furnish any Owner -furnished information or material any earlier than Owner would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a Claim for additional compensation or time. In the event there is interference with the Work, which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold resulting additional time and costs to a minimum. The construction schedule shall be in a detailed format satisfactory to the Owner, the Architect and Owner's Representative. If not accepted, the construction schedule shall be promptly revised by the Contractor in accordance with the recommendations of the Owner, Owner's Representative, and Architect and re -submitted for acceptance. The Contractor shall monitor the progress of the Work for conformance with the requirements of the construction schedule and shall promptly advise the Owner of any delays or potential delays. The accepted construction schedule shall be updated to reflect actual conditions (sometimes referred to in these Supplementary Conditions as progress reports) as set forth in Subparagraph 3.10.1 or if requested by either the Owner or the Architect. In the event any progress report indicates any delays, the Contractor shall propose an affirmative plan to correct the delay, including overtime and/or additional labor, if necessary. In no event shall any progress report constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order. § 3.10.6 The Owner's need for delivery of completed work, or portions thereof, is largely controlled by the necessities of the school calendar and operations of school programs within that calendar. These needs are reflected in any scheduled completion dates and milestone dates set out in the Contract Documents. The Contractor shall perform the work in such a way as to not interfere with school operations, the importance of meeting milestones and completion dates, and Contractor acknowledges and agrees that if these dates are not met, there may be a relaxation in the needed delivery dates because of the school calendar. When it appears to Owner or Contractor that a Contract milestone or completion date cannot be met for reasons not the fault of the Contractor, Contractor will develop with the Owner, Owner's Representative, and Architect a plan and a budget under the Change Order provision of the Contract Documents to meet such a situation either (at Owner's option) by accelerating the Work to overcome the delays. or suspending or otherwise slowing the Work to efficiently take advantage of any relaxation in Owner's need for the completed Work. § 3.10.7 The Owner shall have the right to reschedule the time of day for the performance of any part of the Work that may interfere with the operation of the Owner's premises or any tenants or invitees thereof. The Contractor shall, upon the Owner's request, reschedule any portion of the Work affecting operation of the premises during hours when the premises are not in operation. Any rescheduling of performance of the Work under this Subparagraph 3.10.6 may be grounds for an extension of the Contract Time. if permitted under Subparagraph 8.3.1. and an equitable adjustment in the Contract Sum, if: (1) the performance of the Work was properly scheduled by the Contractor in compliance with the requirements of the Contract Documents and; (2) such rescheduling is required for the convenience of the Owner and is not attributable to any act or omission of Contractor. § 3.11 Documents and Samples at the Site §3.11.1 The Contractor shall maintain and make available at all times, at the Project site, one "as built" copy of the Construction Documents, including Change Orders, field test records (including environmental inspection and test records), inspection certificates or records, manufacturers' certificates, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner at all times, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed for completion of record drawings. § 3.11.2 In addition to any other requirement in the Contract Documents and prior to installation, Contractor shall furnish or cause a subcontractor to furnish, for the Owner's and Architect's written approval, a physical sample of each specified item, product, fixture, or device which is visible by the general public and/or attached to an architecturally -finished surface. Samples shall be suitably labeled, adequately protected, and properly stored at the site. Samples which are approved and undamaged will be considered to be suitable for incorporation into the Work § 3.12 Shop Drawings, Product Data and Samples Init.AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 29 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/1512024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Specific dimensions, quantities, installation and performance of equipment and systems in compliance with the Construction Documents and the Contract Documents remain the Contractor's responsibility. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 3n American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, completeness, and accuracy of the services, certifications, and approvals performed or provided by such design professionals. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. A registered architect must prepare plans and specifications for all the Work, as governed by the Texas Occupations Code Chapter 1051; and a registered engineer must prepare plans, specifications and estimates for all Work governed by Texas Occupations Code Chapter 1001. In the event that Contractor retains a licensed design professional under the terms of this paragraph, Contractor shall require that the licensed design professional carry commercial general liability and errors and omissions insurance coverage in the same amounts and forms as required of the Architect on this Project. In the event that the licensed design professional retained by the Contractor will be conducting on -site services or observations, the licensed design professional shall also carry worker's compensation insurance and comprehensive automobile liability in the same amounts and forms as required of the Architect on this Project. § 3.12.10.2 If the Contract Documents require the Contractor's design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. § 3.12.11 The Contractor shall submit complete drawings, data and samples to the Architect at least fifteen (15) days prior to the date the Contractor needs the reviewed submittals and samples returned. The Contractor shall be prepared to submit color samples on any key items (such as quarry tile, vinyl wall covering, etc.) within fifteen (15) days of the award of Subcontract(s). All color samples required for the Work shall be received within sixty (60) days of the date of the approval of the Contract Sum if the Project is an A 101 project or Guaranteed Maximum Price if the Project is an A133 project. Once samples of all key items are received, the Architect will finalize color selections. § 3.12.12 The Contractor shall submit the number of copies of product data and samples which the Contractor and subcontractors need for their use, plus two additional sets for the Architect, one additional set for the Owner and one additional set for each of the Architect's consultants involved with the particular section of Work. Where shop drawings are involved, the Contractor shall submit one high quality reproducible transparency and one opaque print of the shop drawing for the Architect, plus one additional opaque print for each of the Architect's consultants involved with the particular section of Work. The reproducible transparency will be marked by the Architect and/or his consultants. After final review and correction of the submittal, the Contractor shall send one corrected set to the Architect and each of the Architect's consultants involved with the particular section of Work. § 3.12.13 The Architect's review of Contractor's submittals shall be limited to examination of an initial submittal and one (1) re -submittal. The Architect's review of additional submittals will be made only with the consent of the Owner after notification by the Architect. The Owner shall be entitled to reimbursement from the Contractor of amounts paid to the Architect for evaluation of such additional re -submittals. § 3.12.14 The Contractor represents and warrants that all shop drawings shall be prepared by persons and entities possessing expertise and experience in the trade for which the shop drawings are prepared and, if required by the Architect or applicable law, by a licensed engineer. § 3.13 Use of Site §3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. Protection of the construction material and equipment stored at the Project site from weather, theft, damage, and all other adversity is solely the responsibility of the Contractor. § 3.13.2 Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction material and equipment stored at the Project site from weather, theft, damage and all other adversity is solely the responsibility of the Contractor. (n) AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1966. 1970, 1976. 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 31 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents`s Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 3.13.3 The Contractor and its subcontractors shall not erect any sign on the Project site without the prior written consent of the Owner. § 3.13.4 Contractor shall ensure that the Work, at all times, is performed in a manner that affords Owner reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be performed in such a manner that public areas adjacent to the Site of the Work shall be free from all debris, building material and equipment likely to cause hazardous conditions. Without limitation of any other provision of the Construction Documents, Contractor shall use its best efforts to minimize any interference with the occupancy or beneficial use of any area or building adjacent to the site of the Work, or the building, in the event of partial occupancy. § 3.13.4.1 Restriction of Work during Testing Upon Owner's three_ (3) _days' written notice to Contractor, Contractor must suspend or restrict the Work in order for the District to conduct state -required testing or mock testing. In the event of suspension under this article, Contractor may be granted an extension of the Work, which shall be documented in a Change Order. Known days of testing are set forth in Exhibit N § 3.13.5 Without prior approval of the Owner, the Contractor shall not permit any workers to use any existing facilities at the Project site, including, without limitation, lavatories, toilets, entrance and parking areas other than those designated by the Owner. The Contractor shall comply with all rules and regulations promulgated by the Owner in connection with the use and occupancy of the Project site and the Building. § 3.14 Cutting and hatching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly, provided, however, that any such cutting, fitting or patching can only be performed if the cutting, fitting or patching results in Work that is in accordance with the Construction Documents and Contract Documents. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.14.3 No cutting of structural elements will be permitted unless specifically approved in writing by Architect. Fitting and patching shall only be done with new products and shall only performed by those skilled in performing the original Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall, on a daily basis, keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. Contractor shall provide on -site containers for the collection of waste materials, debris and rubbish, and shall periodically remove waste materials, debris and rubbish from the Work and dispose of all such materials at legal disposal areas away from the site. All cleaning operations shall be scheduled so as to ensure that contaminants resulting from the cleaning process will not fall on newly -coated or newly -painted surfaces. Immediately after unpacking materials, all packing case lumber or other packing materials, wrapping or other like flammable waste shall be collected and removed from the building and premises. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus materials from and about the Project. Care shall be taken by all workers not to mark, soil, or otherwise deface any finish. In the event that any finish becomes defaced in any way by mechanics or workers, the Contractor or any of his Subcontractors shall clean and restore such surfaces to their original condition. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so, and the Owner shall be entitled to reimbursement from the Contractor. Init. AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 32 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 3.15.3 The Contractor shall be responsible for the protection of the Work. Prior to the Architect's inspection for Substantial Completion, the Contractor shall clean exterior and interior surfaces exposed to view; remove temporary labels, stains, putty, soil, paint and foreign substances from all surfaces, including glass and painted surfaces; polish transparent and glossy surfaces; clean equipment and fixtures to a sanitary condition; replace air filters in mechanical equipment; clean roofs, gutters, and downspouts; remove obstructions and flush debris from drainage systems; clean site; sweep paved areas and rake clean other surfaces; remove trash and surplus materials from the site; clean and polish all floors; clean and polish all hardware; and repair all Work damaged during cleaning. § 3.15.4 After construction is complete, Contractor shall: (1) employ skilled workers for final cleaning; (2) remove grease, mastic adhesive, dust, dirt, stains, fingerprints, labels and other foreign materials from all sight -exposed interior and exterior surfaces; (3) wash and shine glazing and mirrors; (4) polish glossy surfaces to a clear shine; (5) vacuum clean carpeted and similar soft surfaces; (6) clean (damp mop with clean mop and water) resilient and hard surface floors repeating as necessary until no visible residue remains on floors; (7) clean plumbing fixtures to a sanitary condition; (8) clean surfaces of all equipment and remove excess lubrication; (9) clean permanent filters and replace disposable filters in ventilating systems if units were operated during construction and clean ducts, blowers and coils; (10) clean light fixtures; (11) remove waste, foreign matter and debris from roofs, gutters, area ways and drainage ways; (12) remove waste, debris and surplus materials from the site; (13) remove stains, spills and foreign substances from paved areas; and (14) broom clean exterior concrete and paved surfaces and rake clean the grounds. § 3.16 Access to Work The Contractor shall provide the Owner, Owner's Representative, and Architect and their designated representatives with access to the Work in preparation and progress wherever located. The presence of the Owner, Owner's Representative, Architect or their representatives does not constitute acceptance or approval of the Work. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. THE CONTRACTOR SHALL DEFEND SUITS OR CLAIMS FOR INFRINGEMENT OF COPYRIGHTS AND PATENT RIGHTS, SHALL WAIVE AND RELEASE CLAIMS AGAINST THE OWNER, OWNER'S REPRESENTATIVE, AND ARCHITECT, AND SHALL INDEMNIFY AND HOLD HARMLESS THE OWNER, OWNER'S REPRESENTATIVE, AND ARCHITECT FROM LOSS ON ACCOUNT THEREOF, PROVIDED, HOWEVER, CONTRACTOR SHALL NOT BE RESPONSIBLE TO ARCHITECT FOR SUCH DEFENSE OR LOSS WHEN A PARTICULAR DESIGN, PROCESS OR PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS IS REQUIRED BY THE CONTRACT DOCUMENTS, OR WHERE THE COPYRIGHT VIOLATIONS ARE CONTAINED IN DRAWINGS, SPECIFICATIONS OR OTHER DOCUMENTS PREPARED BY THE ARCHITECT, AND SHALL NOT BE RESPONSIBLE TO OWNER IF OWNER REQUIRES A PARTICULAR DESIGN, PROCESS, OR PRODUCT THAT CONSTITUTES A COPYRIGHT VIOLATION. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Owner and Architect in writing. § 3.18Indemnification § 3.18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL WAIVE AND RELEASE CLAIMS AGAINST AND SHALL INDEMNIFY AND HOLD HARMLESS THE OWNER, OWNER'S REPRESENTATIVE, ARCHITECT, OWNER'S TRUSTEES, ARCHITECT'S CONSULTANTS, OWNER'S CONSULTANTS AND OFFICERS, AGENTS AND EMPLOYEES OF ANY OF THEM, FROM AND AGAINST CLAIMS, DAMAGES, LOSSES, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND COSTS OF COURT, ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE WORK, PROVIDED THAT SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH, OR TO INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY (INCLUDING THE WORK ITSELF) INCLUDING LOSS OF USE RESULTING THEREFROM, BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY WILLFUL OR NEGLIGENT ACTS OR OMISSIONS OF THE CONTRACTOR, A SUB -CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM, ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, OR ANYONE FOR WHOSE ACTS THEY MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED IN PART BY ANY WILLFUL OR NEGLIGENT ACTS OR OMISSIONS OF OWNER OR OWNER'S CONSULTANTS OR OTHER INDEMNIFIED PARTIES. SUCH OBLIGATION SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE, OR REDUCE Init AIA Document A201 — 2017. Copyright C 1911, 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 33 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03115/2024, is not for 1 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. ALL COSTS AND EXPENSES SO INCURRED BY ANY OF THE INDEMNIFIED PARTIES IN THAT EVENT SHALL BE REIMBURSED BY CONTRACTOR TO THE INDEMNIFIED PARTIES, AND ANY COST AND EXPENSES SO INCURRED BY INDEMNIFIED PARTIES SHALL BEAR INTEREST UNTIL REIMBURSED BY CONTRACTOR, AT THE RATE OF INTEREST PROVIDED TO BE PAID BY THE JUDGMENT UNDER THE LAWS OF THE STATE OF TEXAS. § 3.18.2 IN CLAIMS AGAINST ANY PERSON OR ENTITY INDEMNIFIED UNDER THIS SECTION 3.18 BY AN EMPLOYEE OF THE CONTRACTOR, A SUBCONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM, OR ANYONE FOR WHOSE ACTS THEY MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION UNDER SECTION 3.18.1 SHALL NOT BE LIMITED BY A LIMITATION ON AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR A SUBCONTRACTOR UNDER INSURANCE POLICIES, WORKERS' COMPENSATION ACTS, DISABILITY BENEFIT ACTS, OR OTHER EMPLOYEE BENEFIT ACTS. § 3.18.3 THE OBLIGATIONS OF THE CONTRACTOR UNDER THIS SECTION 3.18 SHALL NOT EXTEND TO THE LIABILITY OF THE ARCHITECT, THE ARCHITECT'S CONSULTANTS, AND AGENTS AND EMPLOYEES OF ANY OF THEM, CAUSED BY OR RESULTING FROM: (1) DEFECTS IN PLANS, DESIGNS, OR SPECIFICATIONS PREPARED, APPROVED, OR USED BY THE ARCHITECT OR ENGINEER; OR (2) NEGLIGENCE OF THE ARCHITECT OR ENGINEER IN THE RENDITION OR CONDUCT OF PROFESSIONAL DUTIES CALLED FOR OR ARISING OUT OF THE CONSTRUCTION CONTRACT AND THE PLANS, DESIGNS, OR SPECIFICATIONS THAT ARE A PART OF THE CONSTRUCTION CONTRACT; AND (3) ARISING FROM: (A) PERSONAL INJURY OR DEATH; (B) PROPERTY DAMAGE; OR (C) ANY OTHER EXPENSE THAT ARISES FROM PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OR AS OTHERWISE LIMITED BY TEXAS CIVIL PRACTICE & REMEDIES CODE SECTION 130.001 ET SEQ. § 3.18.4 THE OWNER MAY CAUSE ANY OTHER CONTRACTOR WHO MAY HAVE A CONTRACT WITH THE OWNER TO PERFORM CONSTRUCTION OR INSTALLATION WORK IN THE AREAS WHERE WORK WILL BE PERFORMED UNDER THIS AGREEMENT, TO AGREE TO INDEMNIFY AND TO HOLD THE OWNER AND THE CONTRACTOR HARMLESS FROM ALL CLAIMS FOR BODILY INJURY AND PROPERTY DAMAGE TO THE SAME EXTENT AS IS PROVIDED IN SECTION 3.18.1 ABOVE. LIKEWISE, CONTRACTOR AGREES TO INDEMNIFY AND TO HOLD THE OWNER'S OTHER CONTRACTORS HARMLESS FROM ALL CLAIMS FOR BODILY INJURY AND PROPERTY DAMAGE TO THE SAME EXTENT AS PROVIDED IN SECTION 3.18.1 ABOVE. § 3.18.5 THE PROVISIONS OF SECTION 3.18 IN ITS ENTIRETY SHALL SURVIVE THE COMPLETION, TERMINATION OR EXPIRATION OF THIS CONTRACT. § 3.18.6 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under Paragraph 3.18, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such Iimitations, and as so modified, the indemnification obligations shall continue in full force and effect. § 3.18.7 It is understood and agreed that Subparagraph 3.18.1 above is subject to, and expressly limited by, the terms and conditions of Texas Civ. Prac. & Rem. Code Ann. Sec. 130.001 to 130.005, as amended. § 3.18.8 THE OWNER MAY CAUSE ANY OTHER CONTRACTOR WHO MAY HAVE A CONTRACT WITH THE OWNER TO PERFORM CONSTRUCTION OR INSTALLATION WORK IN THE AREAS WHERE WORK WILL BE PERFORMED UNDER THIS AGREEMENT, TO AGREE TO INDEMNIFY AND TO HOLD THE OWNER AND THE CONTRACTOR HARMLESS FROM ALL CLAIMS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR TO INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY (INCLUDING THE WORK ITSELF) INCLUDING LOSS OF USE, TO THE SAME EXTENT AS PROVIDED IN SUBPARAGRAPH 3.18.1 ABOVE. § 3.19 Antitrust Violation. To permit the Owner to recover damages suffered in antitrust violations, Contractor hereby assigns to Owner any and all claims for overcharges associated with this Contract which violate the antitrust laws of Init. AIA Document A201 — 2017. Copyright CD 1911, 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 34 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB the United States, 15 U.S.C.A. Section 1 et seq. The Contractor shall include this provision in its agreements with each subcontractor and supplier. Each subcontractor shall include such provisions in agreements with sub -subcontractors and suppliers. ARTICLE 4 ADMINISTRATON OF CONTRACT § 4.1 General § 4.1.1 "Architect" means the Architect or the Architect's authorized representative § 4.1.2 Owner shall notify Contractor when the duties, responsibilities or limitation of authority of the Architect have been modified. § 4.1.3 Except as expressly provided herein, the Contractor shall not be relieved of Contractor's obligation to perform the Work in strict accordance with the Construction Documents and the Contract Documents by the duties, responsibilities, or activities of the Architect. § 4.14 In case of termination of employment of the Architect, the Owner may elect to appoint a replacement Architect, or at its option may elect to complete the Project using an architect or engineer from Owner's staff to perform the balance of the Architect's functions on the Work. § 4.2 Architect's Administration of the Contract § 4.2.1 Certain portions of the administration of the Contract will be performed by the Architect, others by the Owner's Representative. Both the Architect and the Owner's Representative will be treated as the Owner's representatives to the extent set out in the Contract Documents. Neither the Architect nor the Owner's Representative shall have the authority to act on behalf of the Owner unless such authority is expressly granted in the Contract Documents, nor shall such authority be implied from any act or representation of the Architect or Owner's Representative. (Paragraph deleted) § 4.2.2. The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations: (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work; and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will neither have control over, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1.Owner will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Owner will not have control over, be in charge of, and will not be responsible for the acts or omissions of Contractor, Subcontractors, or their agents or employees, or of any other person performing portions of the Work. 1. The Contractor expressly recognizes that the Architect does not owe him any duty to supervise or direct his work as to protect the Contractor from the consequences of his own acts or omissions. 2. Upon reasonable request by the Owner, the Contractor shall accompany the Owner and Architect on an observation tour (s) of the building and shall note any defects and start remedying these defects within ten (10) days of the observation tour. Contractor shall prosecute the Work without interruption until accepted by the Owner and the Architect. 3. Notwithstanding the requirements for site visits in the printed portion of A-201, Paragraph 4.2.2. and the provisions of Article 1.6.6 of the Architect's Contract shall govern the number of site visits by the Architect. In this case, the Owner and Architect may agree in writing on an alternative site visit schedule that is appropriate for this particular project. 4. If during the Architect's site visits, he observes any deviation from requirements of the Contract Documents, the Architect (or designee) shall report within three (3) business days to the Owner any Fnit AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects; "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 35 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for I resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. U(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB such deviation. A copy of said report shall be sent to the Contractor. Failure to observe or report any deviation shall not be a waiver to subsequently require correction of the same, similar or other deviations. The Architect, Owner and their representatives shall at all times have access to the Work. Architect or its structural consultant will provide on -site observations prior to and during all concrete pours that contribute to the structural integrity of the building, including all pours of concrete piers, footings, grade beams, floor slabs, and concrete superstructure components, if applicable. In addition, Architect or its structural consultant will provide on -site observations prior to covering up or closing up of portions of the construction which, if covered, would conceal problems with the structural integrity of the Project. Contractor shall not close or cover said Work until said observations have occurred. Contractor or Architect will advise Owner of the need for any third -party laboratory or testing services to assist the Architect and Owner. § 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. The Contractor shall reimburse the Owner for compensation paid to the Architect for additional site visits made necessary by the fault, neglect, or request of the Contractor. § 4.2.4 Communications Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Owner's Representative, and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. However, Owner and Owner's Representative reserve the right to communicate directly with the Contractor and Subcontractors. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner and Owner's Representative. § 4.2.5 As further provided in the Contract Documents, based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect shall reject Work that does not conform to the Construction Documents and the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will recommend to Owner and Owner's Representative additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Owner to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. Architect and/or Contractor shall promptly notify, orally and in writing, the other party and Owner and Owner's Representative of any fault or defect in the Project or nonconformance with Construction Documents or the Contract Documents they may respectively discover and each, upon discovery of the defect or nonconformance, shall be responsible for notifying the other party and Owner and Owner's Representative of those corrective actions they respectively take; provided, however, Contractor shall have no duty to notify Owner of discoveries made or actions taken by Architect. Testing or inspections required by this subparagraph shall be conducted subject to the requirements of Chapter 2269 of the Texas Government Code. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Construction Documents and the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or Separate Contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation of equipment or systems, remain the responsibility of the Contractor as required by the Construction Documents and the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, (nit AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 36 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for I resale, is licensed for one -lime 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(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB techniques, sequences, or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. If any submittal does not comply with the requirements of the Construction Documents or the Contract Documents, then Architect shall require Contractor to come into compliance. The Architect shall promptly report in writing to the Contractor and Owner any errors, inconsistencies and omissions discovered by the Architect in the Shop Drawings, Product Data and Samples. § 4.2.8 The Architect shall review, prepare and make recommendations to Owner regarding all Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Construction Documents and the Contract Documents, accompanied by all supporting documentation. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or Guaranteed Maximum Price, or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Section 7.4. The Architect shall accept requests by the Owner, and shall review properly prepared, timely requests by the Contractor for changes in the Work, including adjustments to the Contract Sum or Guaranteed Maximum Price, or Contract Time. A properly prepared request for a change in the Work by the Contractor shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Construction Documents or the Contract Documents, and do not change the Contract Sum or Guaranteed Maximum Price, or Contract Time, then the Architect may issue an order for a minor change in the Work with prior written notice to the Owner and Owner's Representative, or recommend to the Owner and Owner's Representative that the requested change be denied. The Architect is not authorized to approve changes involving major systems such as: Heating, Ventilation, and Air Conditioning ("HVAC"); roof; foundation; outward appearance; color schemes; floor plans; building materials; drainage; or mechanical equipment without Owner's prior written consent. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10 upon compliance with the requirements of the Contract Documents. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect's responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents, and with concurrence of Owner. § 4.2.14 The Architect will review and respond to requests for information about the Construction Documents and the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information, at no additional cost to the Owner. ARTICLE 5 SUBCONTRACTORS [nit AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The $% American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The tern "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner, Owner's Representative, and Architect in writing of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. The Architect will promptly reply in writing to the Contractor stating whether or not the Owner or the Architect, after due investigations has reasonable objection to any such proposed person or entity. Failure of the Architect to reply within fourteen (14) days shall constitute notice of no reasonable objection. A notice of no reasonable objection shall in no way relieve the Contractor from full responsibility for performance and completion of the Work and its obligations under the Contract Documents. The Contractor shall be fully responsible for the performance of its subcontractors, including those recommended or approved by the Owner. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Owner's Representative, or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner, Owner's Representative, or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. When the parties agree on a proposed substitute Subcontractor, then the Contract Sum and Contract Time may be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not change a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitute. (Paragraphs deleted) § 5.2.5 Each Contractor or subcontractor shall be required to completely familiarize itself with the plans and specifications, to visit the Work site to completely familiarize itself with existing conditions, and to conduct any other appropriate investigations, inspections or inquiries prior to submission of a bid or proposal. No increases in Contract Sums or Guaranteed Maximum Price shall be allowed for failure to so inspect or investigate. § 5.2.6 The Contractor shall disclose to the Owner any ownership interest or affiliation between the Contractor and any potential subcontractor prior to entering into a subcontract and the Owner shall have the right, in its sole discretion and pursuant to 5.2.3., to reject any such affiliated subcontractor. Further, Contractor shall not subcontract the work as a whole. The approval of Subcontractors in no way relieves the Contractor from full responsibility for performance and completion of the Work and its obligations under the Contract Documents. The Contractor shall be fully responsible for the performance of its Subcontractors, including those recommended or approved by the Owner. § 5.2.7 The Contractor agrees to utilize Subcontractors that are historically underutilized businesses in accordance with the forms and guidelines attached hereto as Exhibit C Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 38 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB No changes to the Plan may be made unless approved in writing by the Owner. The Contractor, prior to the execution of this Contract, shall report their HUB participation goal as a percent of the Contract Sum. During the performance of all Work under this Agreement, the Contractor and its agents shall comply with all HUB policies of the Owner. The information shall be identified per firm, discipline, and participation. While this Agreement is in effect and until the expiration of (1) year after final completion, the Owner may require information from the Contractor, and may conduct audits, to assure that the Plan is being, and was, followed, with each Contractor's application for payment, the Contractor shall report their updated HUB Plan and actual HUB participation information. § 5.2.8 Contractor shall promptly notify the Owner, Architect, and Owner's Representative of any material defaults by any subcontractor. § 5.3.1 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. The terms and conditions of the Contract Documents shall be incorporated by reference into each subcontract agreement, included as provided below. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. Each subcontractor shall provide proof of insurance to Contractor consistent with the Contractor's insurance to Owner and in an amount commensurate with the Work to be performed by the Subcontractor. § 5.3.2 Neither the Owner nor the Architect shall be obligated to pay or to insure the payment of any monies to subcontractors due to any non-payment to the Contractor or non-payment of subcontractors by the Contractor. § 5.3.3 The Contractor shall require any potential subcontractor to disclose to the Contractor any ownership interest or familial relationship between the Contractor, the Architect, and/or the Owner and the potential subcontractor prior to entering into a subcontract. Contractor shall report to Owner all such disclosures and the Owner shall have the right, in its sole discretion, to reject any such affiliated subcontractor. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for any unperformed portion of the Work is assigned by the Contractor to the Owner, provided that: 1. assignment is effective only after termination of the Contract by the Owner for cause or convenience pursuant to Article 14 or abandonment of the Project by the Contractor; and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; 2. assignment is subject to the prior rights and obligations of the surety, if any, obligated under bond relating to the Contract; 3. such assignment shall not constitute a waiver by Owner of its right against Contractor, because of defaults, delays and defects for which a Subcontractor or material vendor may also be liable; and 4. The Subcontractor provides bonds as required by law of prime contractors and by Owner. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. Owner shall only be responsible for compensating Subcontractors for Work done or materials furnished when the Owner gives written notice of its acceptance of the Subcontract agreement. Owner shall be responsible for compensating Subcontractors for undisputed amounts not previously paid to the Contractor. Init AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997. 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 39 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB Each subcontract shall specifically provide that the Owner shall only be responsible to the Subcontractor after written notice for undisputed amounts not previously paid to Contractor subsequent to the Owner's exercise of any rights under this conditional assignment. (Paragraphs deleted) § 5.5 Notice of Subcontractor Default Contractor shall promptly notify Owner and Architect of any material defaults by any Subcontractor or Sub -subcontractor. Notwithstanding any provision contained in Article 5 to the contrary, it is hereby acknowledged and agreed that Owner has in no way agreed, expressly or implicitly, nor will Owner agree, to allow any Subcontractor, Sub -subcontractor or other materialman or worker employed by Contractor the right to obtain a personal judgment or to create a mechanic's or materialman's lien against Owner for the amount due from the Owner or the Contractor. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. The Owner reserves the right to perform other non -Project -related construction work, maintenance and repair work, and school program operations at the site and near the site during the time period of the Work. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Contractor shall coordinate the activities of the Owner's own forces and of each Separate Contractor with the Work of the Contractor to ensure that the Work remains on schedule. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement between the Owner and Contractor. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. (Paragraph deleted) § 6.2 Contractor's Responsibility § 6.2.1 It shall be the responsibility of the Contractor to assist, review, and coordinate the scheduling of work performed by any of the Owner's Separate Contractors. In addition, the Contractor shall be responsible for coordinating and providing all construction administration necessary for the Work and the work of any of Owner's Separate Contractors. The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for site access and introduction and storage or staging of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. Contractor shall be responsible for coordination between Contractor's subcontractors and Owner's Separate Contractors. Contractor shall review Owner's contract with Owner's Separate Contractors and become familiar with the requirements and scope of services contained therein. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify in writing the Architect and Owner of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work, and shall promptly report in writing to the Architect and Owner if Owner's Separate Contractors fail in any way to timely perform their services or negatively impact Contractor's schedule or ability to perform the Work. Failure of the Contractor to notify in writing the Architect and Owner of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper, and is performed in a timely manner, to receive the Contractor's Work. The Contractor shall not be responsible for latent discrepancies or defects in the construction or operations by the Owner or Separate Contractor. Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American institute of Architects," "American Institute of Architects," "AIA," the AM Logo, and "AIA Contract Documents" are trademarks of The 40 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor's delays, improperly timed activities or defective construction. § 6.2.3.1 If the Architect is required to provide additional services as provided in the Agreement between the Owner and the Architect, specifically relating to additional compensation for the Architect for evaluating an excessive number of claims submitted by the Contractor or others in connection with the Work in accordance with the Owner's Agreement with the Architect, then such services shall be paid for by the Contractor through the Owner, unless the additional services result from negligence of or an omission by the Architect. § 6.2.3.2 If the Architect provides services in connection with a legal proceeding, except when the Architect is a party thereto, and the Owner requests the Architect in writing to provide such services, then the cost of such services shall be paid for by the party whose act or omission was a proximate cause of the problem that led to the requirement to provide such services. Such services shall be paid for by such party through the Owner, who upon receipt of same shall reimburse the Architect. § 6.2.3.3 All construction costs resulting from the Contractor's negligence, lack of oversight, inattention to detail, failure to investigate, or failure to follow the Construction Documents or Contract Documents, will be borne by the Contractor. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Owner will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive, Contingency Authorization, or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. A properly prepared written request for a change in the Work by Contractor shall be accompanied by sufficient supporting data and information to permit the Architect to make a recommendation to Owner. Architect shall review properly prepared, timely requests by Contractor for a proposed change in the Work, including but not limited to adjustments to the Contract Sum or Contract Time. A properly prepared request for a proposed change shall be accompanied by sufficient supporting data and information to permit Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. § 7.1.1.1 No changes in the Contract Sum and/or Contract Time will be allowed for a change in the Work unless prior to performing the changed Work the Contractor has provided the Owner in writing with a proposal for any change in price and/or change in Contract Time caused by the change in Work, and a Change Order is subsequently executed. A field directive or field order shall not be recognized as having any impact upon the Contract Sum or the Contract Time. and Contractor shall have no Claim therefore, unless it shall, prior to complying with the directive and in any event within ten (10) days of receiving the directive, submit a change proposal to the Owner, and a Change Order is subsequently executed, or Contractor satisfies the requirements of Paragraph 15. § 7.1.1.2 Contingency Authorization A change in the work that does not require a change in Contract Sum or Contract Time may be paid from the Contingency Allowance. A Contingency Allowance Expenditure Authorization (CAEA) is a written order prepared Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1966. 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American institute of Architects," "American Institute of Architects," "AIA," the AM Logo, and "AIA Contract Documents" are trademarks of The 41 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/1512024, 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(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB by the Architect and signed by the Owner, Contractor and Owner's Representative directing a change in the Work. A CAEA shall not be used for minor changes in the Work. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents or Construction Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. Contractor shall not make any claim for an adjustment to time, Contract Sum or Guaranteed Maximum Price due to: a change in the materials used; a change in the specified manner of constructing and/or installing the Work; or additional labor, services, or materials, beyond that actually required by the terms of the Construction Documents or the Contract Documents, unless made pursuant to a written order or directive from Owner authorizing Contractor to proceed with a change in the Work. No claim for an adjustment to time, Contract Sum, or Guaranteed Maximum Price shall be valid unless so ordered or directed. § 7.1.4 The Contractor, upon receipt of written notification by the Architect of a proposed item of change in the Work, shall prepare as soon as possible a Change Proposal in such form or forms as directed by the Architect. 1. Each separate Change Proposal shall be numbered consecutively and shall include materials. costs. labor costs, fees, overhead and profit. The Proposal shall specify all cost related to the proposed Change in the Work, including any disruption or impact on performance; 2. The Subcontractor's itemized accounting shall be included with the Change Proposal; 3. If a Change Proposal is returned to the Contractor for additional information or if the scope of the proposed change in the Work is modified by additions, deletions or other revisions, the Contractor shall revise the Change Proposal accordingly and resubmit the revised Change Proposal to the Architect and Owner's Representative; 4. A revised Change Proposal shall bear the original Change Proposal number suffixed by the letter "R" to designate a revision in the original Change Proposal. If additional revisions to a revised Change Proposal are necessary, each subsequent revision shall be identified by an appropriate numeral suffix immediately following the "R" suffix; 5. Upon written approval of a Change Proposal by the Owner, the Architect and the Owner's Representative: The Architect will prepare a Change Order authorizing such change in the Work; and 6. The Contractor shall request extensions of Contract Time due to changes in the Work only at the of submitting its Change Proposal. Contractor' s failure to do so shall represent a waiver of any to request a time extension. § 7.1.5 The combined overhead and profit included in the total cost to the Owner of a change in the Work shall be based on the following schedule: 1. For the Contractor, for Work performed by the Contractor's own forces, ten (10%) percent of the cost. 2. For the Contractor, for Work performed by the Contractor's Subcontractor' s, four (4%) percent of the amount due the subcontractors. 3. For each Subcontractor involved, for Work performed by that Subcontractor 's own forces, ten (10%) percent of the cost. Init. AIA Document A201 — 2017. Copyright ® 1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997. 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIR," the AIA Logo, and "AIA Contract Documents" are trademarks of The 42 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB 4. For each Subcontractor involved, for Work performed by the Subcontractor's Sub -subcontractors, four (4%) percent of the amount due the Sub -subcontractor. 5. Cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph 7.3.7. 6. In order to facilitate checking of quotations for extras or credits. all proposals except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor. materials and Subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are Subcontracts. they shall be itemized also. § 7.1.6 Allowance balances may be used to fund changes in the Work. The Contractor will not be allowed an overhead, profit, or fee mark-up on unused allowances until changes in the Work are funded by one of the Allowances. § 7.1.7 If the Contract Sum is $1,000,000.00 or more, or if the Contract Sum is less than $1,000,000.00, and any Change Order, Construction Change Directives, or other Changes in the Work would increase the Contract Sum to $1,000,000.00 or more, the total of all Change Orders, Construction Change Directives, or other Changes in the Work may not increase the Contract Sum by more than 25% of the original Contract Sum. Any Change Order, Construction Change Directive, or other Change in the Work that would exceed that limit is void and of no effect. Texas Education Code §44.0411. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: 1. The change in the Work; 2. The amount of the adjustment, if any, in the Contract Sum; and 3. The extent of the adjustment, if any, in the Contract Time. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed below: 1. mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. Sufficient substantiating data shall include: a proposal itemized for the various components of Work added or deleted, segregated by labor, material, and equipment. Details to be submitted will include detailed line item estimates showing detailed material quality takeoffs, material prices by item and of related labor hour pricing information, and extension (by the line item by drawings applicable); 2. unit prices stated in the Contract Documents or subsequently agreed upon and supported by sufficient substantiating data to permit evaluation; 3. cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee for the percentage fee established at 7.1.5; or 4. as provided in Subparagraph 7.3.7. § 7.2.3 Contractor stipulates that acceptance of a Change Order by the Contractor constitutes full accord and satisfaction for any and all Claims, whether direct or indirect, arising from the subject matter of the Change Order. § 7.2.4 In no event shall a single change, or the aggregate of all changes, result in the total costs, reimbursements and fees exceeding the Contract Sum, unless agreed to in writing by Owner prior to the commencement of such modified or changed Work. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum or Guaranteed Maximum Price and Contract Time being adjusted accordingly. Init. AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA; the AIA Logo, and "AIA Contract Documents" are trademarks of The 43 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for i 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(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terns of a Change Order. § 7.3.3 (Paragraphs deleted) The Construction Change Directive shall include a unilateral change in the Contract Sum and/or Contract Time reflecting the Owner's reasonable view of the appropriate change in the Contract Sum and/or Contract Time for the change in the Work covered by the Construction Change Directive. Until agreement is reached by the Owner and Contractor on these issues, the changes in Contract Sum and Contract Time set out in the Construction Change Directive shall be used for schedule of values, payment, and scheduling purposes. § 7.3.4 (Paragraphs deleted) A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 In the absence of agreement between Owner and Contractor on the proper change to the Contract Sum or Contract Time because of a change in the Work, Contractor may treat the matter as a Claim under Paragraph 15. In such event, the Contractor shall be entitled to recover only the amount by which its direct costs have been reasonably increased over the direct cost of performing the Work without the change in the Work, plus three percent (3%) on Subcontractor's Work) of direct cost to cover home office overhead, profit, and all other costs. Direct costs shall be limited to the following: 1. Reasonable Cost of Labor, including Social Security, retirement insurance benefit, and unemployment insurance, fringe benefits required by agreement or custom, and worker's compensation insurance; 2. Materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; 3. Rental cost of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others at rates that are no greater than market rates in the locale of the Work at the time of the Work. Unless otherwise established in the Contract, the rental value of the Contractor's own equipment shall not be more than normal local rental rates for contractor -owned equipment: 4. Premiums for all bonds and insurance, fees, insurance permit fees and sales, use or similar taxes related to the Work; 5. Cost of Subcontractor for performing the change Work. The amount allowable for Subcontractors shall be calculated using the same standards set out herein for direct Work by the Contractor; and 6. Additional cost of supervision and field office personnel directly attributable to the change. Contractor and each Subcontractor involved shall furnish evidence of costs such as copies of original invoices for materials, payroll vouchers for labor, etc., upon request by the Architect, Owner or Owner's Representative. Any increase in Contract Time shall be limited to the amount of time by which activities critical to overall completion of the Project are delayed by the change in the Work. If it is reasonably possible to perform the change in the Work concurrently with Work that is critical to overall completion, no time extension shall be granted by reason of a change in the Work. Init. AIA Document A201 — 2017. Copyright C 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for 44 t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a decrease in the Contract Sum shall be actual cost of the Work deleted, including all profit and overhead, plus the Contractor's allocated percentage of three (3%) percent on Subcontractor's Work of direct cost to cover supervision, field office and home office overhead, profit, and all other costs. (Paragraphs deleted) § 7.4 Minor Changes in the Work With prior written notice to the Owner's representative, the Architect will have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents, nor requiring any payment from the Contingency Allowance. Such Changes shall be affected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. Minor changes in the Work shall not include changes that involve the outward appearance of the structure, color schemes, floor plans, building materials, landscaping, or mechanical equipment. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the first business day after Contractor's receipt of the written Notice to Proceed. The Notice to Proceed shall not be issued by Architect until the Agreement has been signed by the Contractor, approved by Owner's Board of Trustees, signed by the Owner's authorized representative, and Owner and Architect have received, and approved as to form, all required payment and performance bonds and insurance, in compliance with Article 11. Issuance of the Notice to Proceed shall not relieve the Contractor of its responsibility to comply with Article 11. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. The date of Final Completion is the date certified by the Architect in accordance with Paragraph 9.10. Unless otherwise agreed in writing by Owner, Contractor agrees that Final Completion shall occur not more than 30 days after the date of Substantial Completion. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor stipulates that the Contract Time is a reasonable period for performing the Work. § 8.2.1.1 If Contractor fails to achieve Substantial Completion of the Work on or before the date(s) specified for Substantial Completion in this Contract and the other Contract Documents, Contractor shall pay to the Owner, as liquidated damages, the sum set out in the Contract between Owner and Contractor for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. The total liquidated damage claim is determined by multiplying daily -liquidated damage amounts stated in the Contract by the number of days late. A fraction of a day shall be counted as a full day. It is hereby agreed that the actual damages which Owner will suffer by reason of late completion would be difficult to ascertain, and the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work on or before the date(s) specified for Substantial Completion, and not a penalty. Liquidated damages shall be paid as they accrue and may be adjusted from any progress payment due. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial and Final Completion within the Contract Time. (nit AIA Document A201 — 2017. Copyright® 1911, 1915. 1918, 1925, 1937, 1951, 1958, 1961. 1963, 1966. 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The AC American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner, Owner's Representative, or Architect, or of a Separate Contractor employed by Owner; (2) by changes ordered in the Work; (3) by fire, governmental actions, or adverse weather conditions documented in accordance with Section 15.1.6.,; (4) by delay authorized in writing by the Owner; or (5) by other causes that the Contractor asserts, and the Architect and Owner determine, may justify delay, then the Contract Time may be extended for such reasonable time as the Architect and Owner may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.2.1 Owner. after consultation with the Architect and Owner's Representative, shall grant time extensions to the extent it believes them to be proper. Time extensions granted by the Owner may be incorporated into schedules for completion of the Work. In the event that Contractor believes that it is entitled to additional time extensions beyond those granted by the Owner. it may make a claim for them provided it can meet the requirements of Paragraph 15.1. § 8.3.3 Limitations on Damages for Delay Except for the Contractor's right to terminate this Contract pursuant to the provisions of Article 14 hereof. the Contractor's sole remedy for any delay shall be an extension of time as set forth herein unless the same shall have been caused by acts constituting interference by the Owner, Architect and/or Owner's Representative with the Contractor's performance of the Work but only to the extent that such acts continue after the Contractor's written notice to the Owner of such interference. The Owner' s exercise of its rights under Section 3.10.1 hereof, or the Owner's exercise of any of its remedies for correction or re -execution of any defective Work, will not under any circumstances be construed to be interference with the Contractor's performance of the Work. Except as permitted above, in no event shall the Contractor be entitled to any compensation or recovery of any damages, impact damages, extended overhead or other costs, with regard to the extent or frequency of such delays. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices may be equitably adjusted by prior written agreement § 9.2 Schedule of Values § 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect and Owner's Representative, a schedule of values fairly allocating the various portions of the Work, prepared in such form, and supported by the data to substantiate its accuracy as reasonably required by the Architect and Owner's Representative. Once approved by the Architect and Owner's Representative, and updated for changes in the Work, the schedule of values shall be used only as a basis for reviewing the Contractor's Applications for Payment and is not to be taken as evidence of market or other value. The schedule shall not overvalue early job activities. Each item shall include a pro-rata portion of overhead and profit. The schedule shall follow the trade visions of the Specifications so far as practicable. The schedule of values shall be prepared in such a manner that each major item of work, whether done by Contractor's own forces or subcontracted, is shown as a single line item on AIA Documents G702 and G703, Application and Certificate for Payment and Continuation Sheet. If the Contractor is a Construction Manager at Risk, then the Contractor's fee and general conditions shall be specifically shown, and AIA Documents G702CMa and G703 shall be used. § 9.3 Applications for Payment snit. AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 4� American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 9.3.1 By the 1011 of each month, the Contractor shall submit to the Architect and Owner's Representative, an itemized Application for Payment for operations completed in accordance with the schedule values. Such application shall be notarized, if required, and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require, such as copies of requisitions, from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents, The Contractor shall submit Application for Payment in triplicate, using AIA documents G702 and G703. All blanks in the form and signatures of Contactor and Notary Public must be original on each form. Incomplete or inaccurate Applications for Payment shall be returned to the Contractor by the Architect for completion and/or correction. Owner shall have no responsibility for payment of same if the Application for Payment is incomplete or inaccurate. § 9.3.1.1 As provided in Section 7.3.8, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives but not yet included in Change Orders. Contractor agrees that, for purposes of Texas Government Code Section 2251.042, receipt of the Application for Payment by the Architect shall not be construed as receipt of an invoice by the Owner. Contractor further agrees that Owner's receipt of the Certificate for Payment shall be construed as receipt of an invoice by the Owner, for purposes of Texas Government Code Section 2251.042. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay to Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.1.3 Until Final Completion of the Work, the Owner shall withhold retainage as provided in the Contract Documents, except that Owner shall not pay amounts for which the Architect refuses to certify payment, or the Owner refuses to pay, as provided herein in Section 9.4.3 or 9.5, as amended. The retainage shall be paid with the Final Payment, unless otherwise provided in the Contract. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. Upon payment by the Owner of the invoiced cost, title to all such materials and equipment shall irrevocably pass to the Owner. The Contractor warrants that title to all materials and equipment covered by an Application for Payment will pass to Owner upon the receipt of payment by the Contractor. Such title shall be free and clear of all liens. claims. security interests or encumbrances. No work. material or equipment covered by an Application for Payment shall be subject to an agreement under which an interest is retained, or an encumbrance is attached by the seller. the Contractor, or other party. CONTRACTOR AGREES TO INDEMNIFY OWNER FROM ANY LOSS RESULTING FROM A BREACH OF THIS SECTION. Any off -site storage shall be in a bonded warehouse, suitably marked for the individual project, in addition to the requirements above. The Contractor must bear the cost of the Owner's and Architect's expenses related to visiting the off -site storage area and reviewing the stored contents. Contractor acknowledges that Architect's time may be an Additional Service and shall compensate Architect directly for same upon request. Payments for materials or equipment stored on or off the site shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest, including applicable insurance (naming the Owner as insured and naming the specific materials or equipment stored and their location) and proof of delivery to the site for those materials and equipment stored off the site. Under no circumstances will the Owner reimburse the Contractor for down payments, deposits, or other advance payments for materials or equipment until the materials or equipment are delivered to Owner's site or the agreed -upon off -site storage. Failure to follow these procedures shall result in nonpayment for storage of or insurance on stored materials and equipment. Failure to follow these procedures shall also result in nonpayment of materials and equipment until said materials and equipment are incorporated into the Work. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to AIA Document A201 — 2017. Copyright C 1911, 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 47 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB the best of the Contractor's knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. Neither Contractor nor any of its materialmen, laborers or Subcontractors shall have any lien rights against the Owner' s lands, building funds, materials or other property. No materialmen, laborers, and Subcontractors of the Contractor shall have any enforceable rights against the Owner on this Contract. Materialmen. laborers and Subcontractors of the Contractor may have rights under any Payment Bond provided by the Contractor but cannot look to the Owner for any help in enforcement of those rights. CONTRACTOR SHALL WAIVE, RELEASE, INDEMNIFY, AND HOLD OWNER HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY THE CONTRACTOR, SUBCONTRACTORS, OR ANYONE CLAIMING BY, THROUGH, OR UNDER THE CONTRACTOR OR SUBCONTRACTOR FOR ITEMS COVERED BY PAYMENTS MADE BY THE OWNER TO CONTRACTOR. § 9.3.4 By signing each Application for Payment, the Contractor stipulates and certifies to the following: that the information presented is true, correct, accurate and complete; that the Contractor has made the necessary detailed examinations, audits, and arithmetic verifications; that the submitted Work has been completed to the extent represented in the Applications for Payment; that the materials and supplies identified in the Applications for Payment have been purchased, paid for, and received; that the subcontractors have been paid as identified in the Applications for Payment or that Contractor has been invoiced for same; that Contractor has made the necessary on -site inspections to confirm the accuracy of the Applications for Payment; that there are no known mechanics' or materialmen's' liens outstanding at the date of the Application for Payment; that all due and payable bills with respect to the Work have been paid to date or are included in the amount requested in the current Payment Application; that, except for such bills not paid but so included, there is no known basis for the filing of any mechanics' or materialmen's' liens on the Work; that the Payment Application includes only Work self -performed by Contractor or for which Contractor has been invoiced; and that releases from all Subcontractors and materialmen have been obtained in such form as to constitute an effective release of lien under the laws of the State of Texas covering all Work performed and for which payment has been made by the Owner to the Contractor. Contractor understands that documents submitted to Owner become government documents under the laws of the State of Texas. Contractor further understands that falsification of Contractor's Application for Payment may constitute a violation of the penal laws of the State of Texas, including, but not limited to, Texas Penal Code Sections 32.46, 37.09, and 37.10, and may justify termination of Contractor's Contract with Owner. Contractor further understands and agrees that falsification of documents may entitle Owner to restitution as permitted by Texas law and these Contract Documents. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, carefully evaluate and review the Application for Payment and, when appropriate, return the Application for Payment to the Contractor as provided in Section 9.3.4. If the Application for Payment is complete, then the Architect shall sign and either: (1) certify and issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) certify and issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner in writing of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. Architect's written reasons for withholding certification shall be construed as the notice required by Texas Government Code Section 2251.042 et seq. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, and Owner's Representative, based on the Architect and Owner's Representative's evaluation of the Work and the data in the Application for Payment, that the Architect has observed the progress of the Work and determined that, in the Architect's professional opinions, Architect and Owner's Representative's knowledge, information, and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. Further, the issuance of the Certificate for Payment will constitute a representation by the Architect to the Owner that the Architect and Owner's Representative have carefully evaluated and certified that the amounts requested in the Application for Payment are valid and correct and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect and Owner's Representative in writing to the Owner. However, the issuance of a Certificate for Payment will not be a representation Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects; "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 48 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB that the Architect and Owner's Representative have: (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data unless requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Examinations, audits, and verifications, if required by the Owner, will be performed by the Owner's accountants or other representatives of the Owner acting in the sole interest of the Owner. § 9.4.3 The issuance of a Certificate for Payment shall constitute a recommendation to the Owner regarding the amount to be paid. This recommendation is not binding on the Owner if Owner knows of other reasons under the Contract Documents why payment should be withheld. When a Certificate of Payment has been certified by Architect, and approved by Owner's Representative and Owner, payment will be issued by District within (10) calendar days of receipt by District of the Certificate of Payment. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect and Owner's Representative may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect and Owner's Representative's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect and Owner's Representative are unable to certify payment in the amount of the Application, the Architect and Owner's Representative will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor, Owner's Representative, and Architect cannot agree on a revised amount, the Architect and Owner's Representative will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect and Owner's Representative may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect and Owner's Representative's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of 1. defective Work not remedied; 2. third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; 3. failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; 4. reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 5. damage to the Owner or another Contractor; 6. reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; 7. persistent failure to carry out the Work in accordance with the Contract Documents; or 8. failure to submit a written plan indicating action by the Contractor to regain the time schedule for completion of Work within the Contract time. § 9.5.2 Notwithstanding any provision contained within this Article, if the Work has not attained Substantial Completion or Final Completion by the required dates, subject to extensions of time allowed under the Contract Documents, then Architect or Owner's Representative are to withhold any further Certificate for Payment from Contractor to the extent necessary to preserve sufficient funds to complete the construction of the Project and to cover liquidated damages assessed against Contractor up to the time of the Application for Payment and to the time it is reasonably anticipated Substantial Completion will be achieved. The Owner shall not be deemed in default by reason of withholding payment as provided for in Sections 9.3.4, 9.4.3, 9.5.1, or this Section. (Paragraphs deleted) § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment for undisputed amounts in the manner and within the time provided in the Contract Documents and shall so notify the Architect and Owner's Representative. Owner shall notify Contractor within twenty-one (2 1) days if Owner disputes the Architect's Certificate for Payment pursuant to Texas Government Code Section 2251.042 et seq., listing the specific reasons for nonpayment. If the Owner becomes aware that Contractor is not current in its legitimate obligations to suppliers, laborers and/or Subcontractors on the Project, Owner may (but is not obligated to) withhold payment sufficient to Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987. 1997. 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 49 American Institute of Architects. This document was produced at 12:15:17 CT on 12/0412023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB cover the current legitimate obligations until it receives reasonable proof from the Contractor that this situation no longer exists. Payments to the Contractor shall not be construed as releasing the Contractor or his Surety from any obligations under the Contract Documents. § 9.6.2 The Contractor shall pay each Subcontractor, no later than ten (10) days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. In compliance with Texas Government Code Section 2251.022, the Contractor shall, within ten (10) days following receipt of payment from the Owner, pay all bills for labor and materials performed and furnished by others in connection with the Work, and shall, if requested, provide the Owner with evidence of such payment. Contractor shall include a provision in each of its subcontracts imposing the same payment obligations on its Subcontractors as are applicable to the Contractor hereunder, and if the Owner so requests, shall provide to the Owner copies of such Subcontractor payments. If the Contractor has failed to make payment promptly to the Contractor's Subcontractors or for materials or labor used in the Work for which the Owner has made payment to the Contractor, then the Owner shall be entitled to withhold payment to the Contractor in part or in whole to the extent necessary to protect the Owner. This Section is subject to the provisions of Texas Business and Commerce Code Chapter 56. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 Neither Owner. Architect nor Owner's Representative shall have any obligation to pay or see to the payment of any money to a Subcontractor or Sub -subcontractor. However, the Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier. Any action taken by the Owner to require the Contractor to pay a Subcontractor shall not impose any liability on Owner to the Subcontractor or supplier. § 9.6.5 The Contractor's payments to materials suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Payments received by the Contractor from the Owner for Work properly performed by Subcontractors, or materials properly provided by suppliers, shall be held in trust by the Contractor for the benefit of those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor. Texas Property Code § 162.001. § 9.6.8 THE CONTRACTOR SHALL DEFEND AND INDEMNIFY THE OWNER FROM ALL LOSS, LIABILITY, DAMAGE OR EXPENSE, INCLUDING REASONABLE ATTORNEY'S FEES AND LITIGATION EXPENSES, ARISING OUT OF ANY LIEN CLAIM OR OTHER CLAIM FOR PAYMENT BY ANY SUBCONTRACTOR OR SUPPLIER OF ANY TIER. UPON RECEIPT OF NOTICE OF A LIEN CLAIM OR OTHER CLAIM FOR PAYMENT, THE OWNER SHALL NOTIFY THE CONTRACTOR. IF APPROVED BY THE APPLICABLE COURT, WHEN REQUIRED, THE CONTRACTOR MAY SUBSTITUTE A SURETY BOND FOR THE PROPERTY AGAINST WHICH THE LIEN OR OTHER CLAIM FOR PAYMENT HAS BEEN ASSERTED. § 9.6.9 Contractor shall not withhold as a retainage a greater percentage from Subcontractors or materialmen than the percentage that Owner withheld as retainage from payments to Contractor. § 9.7 Failure of Payment § 9.7.1 Pursuant to Texas Government Code Section 2251.051, if the Owner does not pay the Contractor any payment certified by the Architect, which is undisputed, due, and owing within thirty-one (31) days after the date the payment Init. AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 50 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. U(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB is due under the Contract Documents, then the Contractor, upon ten (10) additional days' written notice to the Owner and Architect, that that payment has not been made and that the Contractor intends to suspend performance for nonpayment, may stop the Work until payment of the undisputed amount owing has been received. If the Owner provides written notice to the Contractor that: (1) payment has been made; or (2) a bona fide dispute for payment exists, listing the specific reasons for nonpayment, then Contractor shall be liable for damages resulting from suspension of the Work. If a reason specified is that labor, services, or materials provided by the Contractor are not provided in compliance with the Contract Documents, then the Contractor shall be provided a reasonable opportunity to cure the noncompliance or to compensate Owner for any failure to cure the noncompliance. No amount shall be added to the Contract Sum as a result of a dispute between Owner and Contractor unless and until such dispute is resolved in Contractor's favor. § 9.7.2 If the Architect does not issue a Certificate for Payment within seven (7) days after receipt of the Contractor's Application for Payment, through no fault of the Contractor, then the Contractor shall provide written notice to the Owner, and the Owner shall have fourteen (14) business days after receipt of such notice to provide or obtain a Certificate for Payment. If Owner fails to provide or obtain the Certificate for Payment, then the Contractor may, upon fourteen (14) additional business days' written notice to the Owner and Architect, stop the Work until payment of the undisputed amount owing has been received. § 9.7.3 If the Owner is entitled to reimbursement or payment from the Contractor under or pursuant to the Contract Documents, then such payment shall be made promptly upon demand by the Owner. Notwithstanding anything contained in the Contract Documents to the contrary, if the Contractor fails to promptly make any payment due to Owner, pursuant to the Contract, or if the Owner incurs any costs and expenses to cure any default of the Contractor or to correct defective Work, then the Owner shall have an absolute right to offset such amount against the Contract Sum and, in the Owner's sole discretion and without waiving any other remedies, may elect either to: 1. deduct an amount equal to that which the Owner is entitled from any payment then or thereafter due to Contractor from the Owner, or 2. issue a written notice to the Contractor reducing the Contract Sum by an amount equal to that which the Owner is entitled. § 9.8 Substantial Completion § 9.8.1 Substantial Completion shall mean: (1) the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use; (2) all Project systems included in the Work or designated portion thereof have been successfully tested and are fully operational; (3) all required governmental inspections and certifications required of the Work have been made, approved and posted; (4) designated initial instruction of Owner's personnel in the operation of Project systems has been completed; (5) all the required finishes set out in the Construction Documents are in place; (6) the only remaining Work shall be minor in nature so that the Owner can occupy the Work or the applicable portion of the Work for all of its intended purposes on that date; and (7) the completion of the Work by the Contractor will not materially interfere with or hamper Owner's normal school operations or other intended use. As a further condition of a determination of Substantial Completion, the Contractor shall certify that all remaining Work shall be completed and the Work be Finally Complete within thirty (30) days as provided in the Contract Documents, Owner may occupy a portion of the facility prior to Substantial Completion § 9.8.2 When the Contractor considers that the Work, or a portion thereof which Owner agrees to accept separately, is Substantially Complete, the Architect and Owner's Representative shall prepare a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 When the Contractor notifies Architect and Owner's Representative's that it has completed or corrected items on the list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. Init. AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958. 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 51 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB Except with the consent of the Owner, the Architect shall perform no more than five inspections to determine whether the Work or a designated portion thereof has attained Substantial Completion in accordance with the Contract Documents. The Owner shall be entitled to reimbursement from the Contractor for amounts paid to the Architect for any additional inspections caused by an act or omission of the Contractor. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will timely prepare, sign and issue Owner's Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner may, in its sole discretion, make partial payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.8.6 The Contractor shall keep all required insurance in full force, and utilities on, until the Certificate of Substantial Completion is issued, and accepted by the Owner in writing, regardless of the stated date of Substantial Completion, subject to 11.2.2. Acceptance shall not be unreasonably withheld. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage, provided such occupancy or use is authorized by local authorities having jurisdiction over the Work. The Owner will accept responsibility for security, heat, air-conditioning, pro -rated utilities, damage to the Work and provide its own insurance. Contractor will continue its own required insurance, including but not limited to builders' risk, as specified elsewhere. § 9.9.2 Immediately prior to such partial occupancy, use, or installation, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless expressly agreed in writing, partial occupancy or use of a portion or portions of the Work or installation of furnishings and equipment shall not constitute acceptance of Work not complying with the requirements of the Contract Documents, nor shall it constitute evidence of Substantial Completion or Final Completion. § 9.9.4 In the event that Owner takes partial occupancy or installs furnishings and equipment prior to Substantial Completion of the Project, Contractor shall obtain an endorsement to Contractor's Builder's Risk Policy to provide extended coverage for partial occupancy if Contractor's Builder's Risk Coverage required by Article 11 would not otherwise provide such coverage. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect and Owner's Representative will promptly prepare, sign, and issue Owner's Certificate of Final Completion and a final Certificate for Payment certifying to the Owner that, on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance, including all retainages, found to be due the Contractor and noted in the final Certificate is due and payable. The Architect and Owner's Representative's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. The Architect and Owner's Representative's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. Architect is not required to perform more than two inspections to determine whether a designated portion of the Work has attained Init. AIA Document A201 — 2017. Copyright ® 1911, 1915. 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 52 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB Final Completion in accordance with the Contract Documents. One inspection may require multiple visits and more than one day to complete The Owner shall be entitled to reimbursement from the Contractor for amounts paid to the Architect for any additional inspections cause by act or commission of Contractor. Final Completion means actual completion of the Work, including any extras or Change Orders reasonably required or contemplated under the Contract Documents other than warranty work as further defined in the Form of Contractor's Final Completion Notice attached hereto and incorporated herein as Exhibit H . § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) using AIA Document G706, an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) using AIA Document G707, consent of surety to final payment, (5) documentation of any special warranties, such as manufacturers' warranties or specific Subcontractor warranties, and (6) except for amounts previously withheld by the Owner, other data establishing payment or satisfaction of obligations, such as AIA Document G706A, notarized subcontractor's lien releases, receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys' fees. In addition, the following items must be completed and received by the Owner before Final Payment will be due: 1. Written certifications required by Sections 10.5, 10.6, and 10.7; 2. Final list of subcontractors (AIA Document G705); 3. Contractor's certification in Texas Education Agency's Certification of Project Compliance, located at 4. Contractor's warranties, organized as required elsewhere in the Contract Documents; 5. Maintenance and Instruction Manuals; 6. Owner's Final Completion Certificate; and 7. "As -constructed record drawings". At the completion of the Project, the Contractor shall submit one complete set of "as -constructed" record drawings, with all changes made during construction, including concealed mechanical, electrical, and plumbing items. The Contractor shall submit these as electronic, sepia, or other acceptable medium, in the discretion of the Owner. The "as -constructed" record drawings shall delete the seal of the Architect and/or the Engineer and any reference to those firms providing professional services to the Owner, except for historical or reference purposes. Documents identified as affidavits must be notarized. All manuals will contain an index listing the information submitted. The index section will be divided and identified by tabbing each section as listed in the index. Upon request, the Architect will furnish the Contractor with blank copies of the forms listed above. Final payment shall be paid by the Owner to the Contractor within thirty (30) days after Owner's Board of Trustees has voted to accept the Work and approve Final Payment. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966. 1970, 1976, 1987. 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 53 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, and it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall (Paragraphs deleted) not constitute a waiver of any Claims by the Owner. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously asserted pursuant to Article 15 and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract and shall conform to all provisions of the "Manual of Accident Prevention in Construction", published by the Associated General Contractors of America, Inc., latest edition, and the Contractor further agrees to fully comply with all safety standards required by the Occupational Safety and Health Administration ("OSHA") 29 USC Section 651 et seq., and all amendments thereto. However, the Contractor's duties herein shall not relieve any Subcontractor or any other person or entity, including any person or entity required to comply with all applicable federal, state and local laws, rules, regulations, and ordinances, from the obligation to provide for the safety of their employees, persons, and property and their requirements to maintain a work environment free of recognized hazards. Contractor shall provide reasonable fall protection safeguards and provide approved fall protection safety equipment for use by all exposed Contractor employees. § 10.1.2 Contractor's employees, agents, Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, shall not perform any service for Owner while under the influence of any amount of alcohol or any illegal controlled substance; or use, possess, distribute, or sell alcoholic beverages while on Owner's premises. No person shall: use, possess, distribute, or sell illegal or nonprescribed controlled drugs or drug paraphernalia; misuse legitimate prescription or over-the-counter drugs; or act in contravention of warnings on medications while performing the Work or while on Owner's premises. Contractor's employees, agents, Subcontractors, or anyone directly or indirectly employed by any of them, shall not distribute or sell alcohol or drugs of any kind to Owner's students or staff, regardless of the location of the distribution or sale. § 10.1.3 Contractor will comply with all applicable federal, state, and local drug and alcohol -related laws and regulations (e.g., Department of Transportation regulations, Drug -Free Workplace Act). Contractor has adopted or will adopt its own policy to assure a drug -free and alcohol -free workplace while on Owner's premises or performing the Work. Contractor will remove any of its employees, agents, subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, from performing the Work any time there is suspicion of alcohol and/or drug use, possession, or impairment involving such person, and at any time an incident occurs where drug or alcohol use could have been a contributing factor. Owner has the right to require Contractor to remove any person from performing the Work any time cause exists to suspect alcohol or drug use. In such cases, the person so removed may only be considered for return to work after the Contractor certifies, as a result of a for -cause test, conducted immediately following removal, that said person was in compliance with this Contract. Contractor will not use any person to perform the Work who fails or refuses to take, or tests positive on, any for -cause alcohol or drug test. § 10.1.4 Owner has also banned the presence of all weapons on the Project site, whether or not the owner thereof has a permit for a weapon, and Contractor agrees that Contractor's representatives, employees, agents, and subcontractors will abide by same. Weapons may only be permitted in Owner's parking lots if weapons are locked in personal vehicles in Owner's parking lot. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 54 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB 1. employees on the Work, school personnel, students, and other persons on Owner's premises, and other persons who may be affected thereby, including the installation of fencing between the Work site and any connecting or adjacent property of Owner, when required by Texas Education Code Section 22.08341; 2. the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and 3. other property at the site or adjacent thereto, such as other buildings, and their contents, fencing, trees, shrubs, lawns, walks, athletic fields, facilities and tracks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including installing fencing, posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. The Contractor shall also be responsible, at the Contractor's sole cost and expense, for all measures necessary to protect any personal or real property adjacent to the Project and improvements therein. Any damage to such property or improvements shall be promptly repaired by the Contractor. § 10.2.4 When use or storage of hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel and shall only conduct such activities after giving reasonable advance written notice of the presence or use of such materials, equipment, or methods to Owner and Architect. The storage of explosives on Owner's property is prohibited. The use of explosive materials on Owner's property is prohibited unless expressly approved in advance in writing by Owner, Owner's Representative, and Architect. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. Additionally, Contractor shall submit a Safety Plan for the Owner's approval prior to commencing the Work. Unless otherwise specified in the Contract Documents. Contractor shall be responsible for initiating, maintaining. supervising, and enforcing all safety precautions and programs in connection with the Work. It shall be the duty and responsibility of the Contractor and all of its Subcontractors to be familiar and comply with all requirements of Public Law 91-596, 29 U.S.C. §§ 651 et. seq., the Occupational Safety and Health Act of 1970. (OSHA) and all amendments thereto, and to enforce and comply with all of the provisions of the Act. Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection. However, the Contractor's duties shall not relieve any subcontractor(s) or any other person or entity (e.g., a supplier) including any person or entity with liability relative to compliance with all applicable federal. state and local laws. rules. regulations. and ordinances which shall include the obligation to provide for the safety of their employees. persons, and property and their requirements to maintain a work environment free of recognized hazards. § 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. (Paragraphs deleted) § 10.2.8 The Contractor shall do all things reasonably necessary to protect the Owner's premises and all persons from damage and injury when all or a portion of the Work is suspended for any reason. Init AIA Document A201 — 2017. Copyright C 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 55 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 10.2.9 The Contractor shall promptly report in writing to the Owner and Architect all accidents arising out of or in connection with the Work which cause death, bodily injury, or property damage, giving full details and statements of any witnesses. In addition, if death, serious bodily injuries, or serious property damages are caused, then the accident shall be reported immediately by any means necessary to give actual notice to the Owner's representative and the Architect. § 10.2.10 Contractor's obligations under Section 10.2 as to each portion of the Project shall continue until Owner takes possession of and occupies that portion of the Project. § 10.2.11 Injury or Damage to Person or Property If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after discovery. The written notice shall provide sufficient detail to enable the other party to investigate the matter. Contractor understands and acknowledges that, under Texas law, Owner has sovereign and/or governmental immunity as to all torts except as to the Owner's permitted use or operation of Owner's motor vehicles, subject to any defenses under law. § 10.3 Hazardous Materials and Substances § 10.3.1 Contractor is responsible for reviewing all Asbestos Hazard Emergency Act Management Plans on file with Owner and for obtaining sign -off from the Owner prior to commencing the Work. Contractor agrees that it shall not transport to use, generate, dispose of, or install at the Project site any Hazardous Substance (as defined in Subparagraph 10.3.1.1) except in accordance with an applicable Environmental Laws. Further in performing the Work, Contractor shall not cause any release of Hazardous Substances into. or contamination of the environment. including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as hereafter defined in Subparagraph 10.3.1.3). § 10.3.1.1 In the event Contractor encounters on the Project site any Hazardous Substance. or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner in violation of any applicable Environmental Laws. Contractor shall immediately stop work in the area affected and report the condition in writing to Owner, Owner's Representative, and Architect. The Work in the affected area shall not thereafter be resumed except by written authorization of Owner if in fact a Hazardous Substance has been encountered and has not been rendered harmless. Contractor shall be responsible for the consequences of any failure to stop work under this Subparagraph 10.3.LI. § 10.3.1.2 Owner and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. § 10.3.1.3 For purposes of this Agreement, the term "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture, which are defined as a hazardous substance by any applicable local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substance Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"). The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). It is the Contractor's responsibility to comply with this Paragraph 10.3 based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. knit AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925. 1937, 1951, 1958. 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 56 American Institute of Architects. This document was produced at 12:15:17 CT on 1210412023 under Order No.2114429579 which expires on 03/15/2024, is not for I 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(724723513) User Notes: DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 10.3.1.4 In those instances in which the presence of a Hazardous Substance was set forth in the AHERA documents or in which the Contractor has other written notice of such through information given to Contractor by Owner or its representative prior to execution of the Agreement, Contractor shall not be entitled to a Claim for any delays, disruption or interference it encounters. In those instances of Work stoppage due to the existence of such Hazardous Substances which were not set forth in the AHERA plans and of which the Contractor has no other prior notice, Contractor may be entitled to a Claim for delay or Work stoppage if the requirements of Article 15 are not met. § 10.3.2 Upon receipt of the Contractor's written notice pursuant to § 10.3.1.1., the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner and Owner's Representative in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written direction from the Architect, Owner, and Owner's Representative. The Contractor may be entitled to an equitable adjustment regarding the Date of Substantial Completion and/or Final Completion. § 10.3.3 IF CONTRACTOR IMPORTS HAZARDOUS MATERIALS ONTO THE PROJECT SITE, THEN CONTRACTOR HEREBY INDEMNIFIES AND HOLDS HARMLESS THE OWNER, ITS CONSULTANTS, TRUSTEES, OFFICERS, AGENTS, OWNER'S REPRESENTATIVE, AND EMPLOYEES, AGAINST ANY CLAIMS ARISING OUT OF OR RELATED TO SUCH IMPORTATION, INCLUDING BUT NOT LIMITED TO COSTS AND EXPENSES THE OWNER INCURS FOR REMEDIATION OF A MATERIAL OR SUBSTANCE THE CONTRACTOR BRINGS TO THE SITE, AS PROVIDED FOR IN SUBPARAGRAPH 3.18, § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site (Paragraphs deleted) § 10.4 Emergencies (Paragraph deleted) § 10.4.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury, or loss. § 10.4.2 The performance of the foregoing services by the Contractor shall not relieve the subcontractors of their responsibility for the safety of persons and property and for compliance with all federal, state and local statutes, rules regulations and orders of any governmental authority applicable to the conduct of the Work. § 10.5 Asbestos or Asbestos -Containing Materials § 10.5.1 Contractor shall submit to the Architect a written certification addressed to the Owner that all materials used in the construction of this Project contain less than 0.10% by weight of asbestos and for which it can be demonstrated that, under reasonably foreseeable job site conditions, will not release asbestos fibers in excess of 0.1 fibers per cubic centimeter. The written certification shall further state that, should asbestos fibers be found at this Project in concentrations greater than 0.1 fibers per cubic centimeter, then Contractor shall be responsible for determining which materials contain asbestos fibers and shall take all necessary corrective action to remove those materials from the Project, at no additional cost to the Owner. The written certification shall be dated, shall reference this specific Project and shall be signed by not less than two (2) officers of the Contractor. § 10.5.2 Final Payment shall not be made until this written certification has been received. § 10.6 Lead -Free Material in Potable Water System Init. AIA Document A201 — 2017. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970. 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 57 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 10.6.1 Prior to payment of retainage and final payment, the Contractor and each subcontractor involved with the potable water system shall furnish a written certification that the potable water system is "lead-free". § 10.6.2 The written certification shall further state that should lead be found in the potable water system built under this Project, then Contractor shall be responsible for determining which materials contain lead and shall take all necessary corrective action to remove lead from the Project, at no additional cost to the Owner. The written certification shall be dated, shall reference this specific Project and shall be signed by not less than two (2) officers of the Contractor. § 10.7 Hazardous Materials Certification. The Contractor shall provide written certification that no materials used in the Work contain lead or asbestos materials in them in excess of amounts allowed by federal, state or local standards, laws, codes, rules and regulations; the Federal Environmental Protection Agency (EPA) standards; and/or the Federal Occupational Safety and Health Administration (OSHA) standards, whichever is most restrictive. The Contractor shall provide this written certification as part of submittals under the Section in the Project Manual related to Contract Closeout. ARTICLE 11 INSURANCE AND BONDS § 11.0.1 No Work will be commenced, and no equipment or materials can be shipped, until all requirements of this Article have been satisfied, satisfactory evidence of insurance has been provided, and all insurance is in full force and effect. Contractor shall notify Owner, Owner's Representative, and Architect in writing of any proposed nonconformity with these requirements, and shall notify Owner, Owner's Representative, and Architect in writing of any insurance changes which occur during the terms required under the Contract Documents. Any deviation from these requirements can only be approved by Owner's Board of Trustees. Any nonconformity may be grounds for termination or modification of the Contract. To the extent that Contractor is unable to procure the insurance designated herein because the insurance is not reasonably available or is cost -prohibitive, then Contractor shall provide written notice to Owner's Board of Trustees. Said lack of insurance may then be grounds for termination or modification of this Agreement. § 11.0.2 Satisfactory evidence of insurance required by this Article shall be provided to Owner, Owner's Representative, and Architect not later than five (5) business days after execution of the Contract by Owner. Satisfactory evidence shall include copies of all required certificates, binders, insurance policies, declarations, and endorsements themselves. In addition, Contractor shall also provide: (1) a duly -executed ACORD Form 25 Certificate of Liability Insurance naming Owner as a certificate holder and additional insured (except as noted in Section 11.0.4) and attaching all endorsements required herein; and (2) a duly -executed ACORD Form 27 Evidence of Property Insurance. The Contractor shall furnish Owner all insurance amendments, renewals, notices, cancellations, and additional endorsements, as they are provided to Contractor. § 11.0.3 All insurance required herein shall be obtained from a company licensed to do business in the State of Texas by the Texas Department of Insurance, and shall be underwritten by a company rated not less than A-X in A.M. Best's Key Rating Guide, Property -Casualty, according to the latest posted ratings available on A.M. Best's website, , and that permits waivers of subrogation. § 11.0.4 All insurance required herein shall name the Owner, Owner's Representative, and Architect, their officers, trustees, employees, representatives, agents, as an additional insured, except Contractor's Worker's Compensation insurance. § 11.0.5 All insurance required herein shall, by endorsement of otherwise, be primary and non-contributory insurance with respect to the Owner, its trustees, officers, employees, representatives, or agents. Any insurance maintained by an additional insured shall be in excess of such insurance and shall not contribute with such primary insurance. All insurance shall be written on an occurrence basis, if available, and shall contain a waiver of subrogation in favor of Owner, Owner's Representative, and Architect, as provided for in Section 11.3 on all claims arising out of the Project. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity whether or not that person or entity would otherwise have a duty of indemnification, contractual or otherwise, or paid the insurance premium directly or indirectly; and shall be effective whether or not the person or entity had an insurable interest in the property damaged. Init. AIA Document A201 — 2017. Copyright m 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976. 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 58 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 11.0.6 Any failure of Contractor to comply with the reporting provisions of the policies shall not affect the coverage provided to the Owner, its officers, employees, representatives, or agents. § 11.0.7 All workers on the Project must be covered by the required insurance policies of the Contractor or a Subcontractor. § 11.0.8 Nothing contained in this Article shall limit or waive Contractor's legal or contractual responsibilities to Owner or others. § 11.0.9 Contractor will cooperate with Owner or Owner's Representative to expeditiously resolve claims involving injuries to third parties. damage to the Work, or project delays. This cooperation will include providing Owner with monthly insurance carrier summary reports of builder's risk, general liability, professional liability and pollution liability claims pertaining to the Owner's projects. Contractor will provide Owner with Contractor and insurance carrier contact names and phone numbers. Contractor will be responsible for timely reporting of all claims and regulatory requirements, including MMSEA Section 111. § 11.0.10 Nothing contained in this Article shall limit or waive Contractor's legal or contractual responsibilities to Owner or others. § 11.1 Contractor's Insurance and Bonds § 11.1.1 The Contractor and the Contractor's Subcontractors shall purchase and maintain such insurance as will protect them and the Owner from claims that may arise out of, or result from, the Contractor's operations under the Contract, whether such operations be by Contractor or by any Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, at a minimum, of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in this Section 11.1, in the Agreement, or elsewhere in the Contract Documents.. Such insurance shall include the following: 1. Claims under workers' compensation, disability benefit, and other similar employee benefit acts that are applicable to the Work to be performed, including private entities performing work at the site, and exempt from the coverage on account of number of employees or occupation, which entities shall maintain voluntary compensation coverage at the same limits specified for mandatory coverage for the duration of the Project (see AIA 101-2017, (Exhibit A); 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; 3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; 4. Claims for damages insured by usual personal injury liability coverage; 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; 6. Claims for damages because of bodily injury, death of a person, or property damage arising out of ownership, maintenance, or use of a motor vehicle; 7. Claims for bodily injury or property damage arising out of completed operations; 8. Claims involving contractual liability insurance applicable to the Contractor's obligations under the Contract Documents, including under Section 3.18; and 9. Claims for damages to the Work itself, through builder's risk insurance, pursuant to AIA 101-2017, and Claims for Products, Premises, and Operations, (Exhibit A). § 11.1.2 Payment and Performance Bonds The Contractor shall furnish separate payment and performance bonds covering faithful performance of the Contract and payment of obligations arising thereunder, each bond to be in a total amount equal to 100% of the Contract Sum. Provided, however, no limitation herein shall limit Contractor's liability under the Contract Documents. Except as provided below, such bond shall be furnished to Owner before any work begins and not later than five business days after execution of the Contract by Owner. All bonds shall be issued by a surety company licensed, listed and authorized to issue bonds in the State of Texas by the Texas Department of Insurance, and shall fully comply with Texas Insurance Code Section 3503.001 et seq. and Texas Government Code Chapter 2253, or their successors. The surety company shall have a rating of not less than "A-V according to the latest posted ratings on the A.M. Best Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 59 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB website, . The surety company shall provide, if requested, information on bonding capacity and other projects under coverage and shall provide proof to establish adequate financial capacity for this Project. Should the bond amount be in excess of ten percent (10%) of the surety company's capital and surplus, then the surety company issuing the bond shall certify that the surety company has acquired reinsurance, in a form and amount acceptable to the Owner, to reinsure the portion of the risk that exceeds ten percent (10%) of the surety company's capital and surplus with one or more reinsurers who are duly authorized and admitted to do business in Texas and that amount reinsured by a reinsurer does not exceed ten percent (10%) of the reinsurer's capital and surplus. Contractor shall immediately notify the Owner and Architect in writing if there is any change in: the rating; insolvency or receivership in any State; bankruptcy; right to do business in the State; or status of Contractor's sureties at any time until Final Completion. § 11.1.2.1 The Contractor shall deliver copies of the required bonds to the Owner and Architect not later than five (5) business days after execution of the Contract by Owner. All bonds will be reviewed by the Architect for compliance with the Contract Documents. In the event that the Architect has any questions concerning the sufficiency of the bonds, the bonds will be referred to the Owner or the Owner's Representative with Architect's recommendation. § 11.1.2.2 All bonds shall be originals. The Contractor shall require the attorney -in -fact who executes the required Bonds on behalf of the Surety to affix thereto a certified and current copy of the power -of -attorney. The name, address, and telephone number of a contact person for the bonding company shall be provided. § 11.1.2.3 Bonds shall guarantee the faithful performance of all of the covenants, stipulations, and agreements of the Contract. Bonds shall be signed by an agent, resident in the State of Texas. If at any time during the continuance of the Contract, the Owner determines that the Contractor is unable to complete the Work in accordance with the Contract Documents, any of the Contractor's bonds become insufficient, the surety becomes insolvent, or the surety's rating drops below the required level, then the Owner shall have the right to require from the Contractor additional and sufficient sureties or other security acceptable to the Owner, which the Contractor shall furnish to the satisfaction of the Owner within ten (10) days after notice to do so. These contractual remedies are in addition to all remedies available by law. In default thereof, all payment or money due to the Contractor may be withheld until the Contractor provides additional surety or security. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance Within three (3) business days of the date the Contractor knows or should know of an impending or actual cancellation of any insurance required by the Contract Documents; the Contractor shall provide written notice to the Owner of such impending or actual cancellation. Upon receipt of written notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of written notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. At least thirty (30) calendar days prior to the date of expiration of any policy required by Section 11.1, Contractor shall provide Owner written notice of the impending expiration. § 11.2 Owner's Insurance § 11.2.1 The Owner shall be responsible for purchasing and maintaining property and casualty insurance no later than the date of Substantial Completion and such date of Owner responsibility shall be documented in the Certificate of Substantial Completion. If Owner occupies or uses any completed or partially -completed portion of the Work at any stage, then such occupancy or use must be consented to by the insurer and authorized by public authorities having jurisdiction over the Work. To the extent of overlap between Owner's property insurance and Contractor's builder's risk insurance, if any, Contactor's builder's risk shall be primary and non-contributory. § 11.2.2 Partial occupancy or use shall not commence until the insurance company providing this insurance has consented in writing, by endorsement or otherwise. Owner and Contractor shall take reasonable steps to obtain such consent and shall take no action without written mutual consent that would cause cancellation, lapse, or reduction of this insurance. Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 60 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB (Paragraph deleted) § 11.3 Waivers of Subrogation § 11.3.1 All insurance required herein shall contain a waiver of subrogation in favor of Owner on all claims arising out of the Project. The policies shall provide such waivers of subrogation by endorsement or otherwise. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity whether or not: (1) that person or entity would otherwise have a duty of indemnification, contractual or otherwise; (2) that person or entity paid or did not pay the insurance premium directly or indirectly; or (3) the person or entity had an insurable interest in the damaged property. (Paragraphs deleted) § 11.4 Loss of Use and Business Interruption Insurance The Owner, at the Owner's option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner's property, or the inability to conduct normal operations, due to fire or other causes of loss. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor and Architect of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor and the Architect shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor and/or the Architect do not object, the Owner shall settle the loss and the Contractor and Architect shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor and/or Architect timely object to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect, Owner, or Owner's Representative's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, Owner or Owner's Representative, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect or Owner may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor may be entitled to an equitable adjustment to Init AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 61 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor's expense. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or Work failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect and Owner's Representative's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.1.1 The Owner may make emergency repairs to the Work or take such other measures necessary under the circumstances, if the Contractor does not promptly respond to a notice of defect or nonconforming Work. Contractor shall be responsible to Owner for this cost if the reason for the repairs is attributable to the Contractor. If payments then or thereafter due to the Contractor are not sufficient to cover such costs, then the Contractor shall pay the difference to the Owner on demand. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such written notice promptly after discovery of the condition. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of written notice from the Owner or Architect, the Owner may correct the Work as provided in 12.2.2.1.1. Nothing contained in this Section 12.2 is intended to limit or modify any obligations under the law or under the Contract Documents, including any warranty obligations, expressed or implied. § 12.2.2.1.1 If the Contractor fails to perform the corrective Work, then Owner may perform corrective Work, at Contractor's cost. If Owner performs corrective Work, then Owner may also remove nonconforming Work and store the salvageable materials or equipment at Contractor's expense. If the Contractor does not pay all costs incurred by Owner within ten (10) days after written notice, then Owner may, upon ten (10) additional days' written notice, sell the removed materials and equipment in accordance with Owner's policies, and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, then the Contractor shall pay the difference to the Owner. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall be extended by corrective Work performed by the Contractor pursuant to this Section 12.2, but only as to the corrected Work. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction by the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.4.1 Where nonconforming Work is found, the entire area of Work involved shall be corrected unless the Contractor can completely define the limits to the Architect's satisfaction. Additional testing, sampling, or inspecting needed to define nonconforming work shall be at the Contractor's expense and performed by the Owner's testing laboratory if such services are reasonably required by the Architect. All corrected work shall be retested at the Init AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The s2 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB Contractor's expense. Reasonable Architectural or Owner's Representative Services required to analyze nonconforming Work shall be paid for by the Contractor. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.2.6 Contractor shall replace, repair, or restore any parts of the Project or furniture, fixtures, equipment, or other items placed therein (whether by Owner or any other party) that are destroyed or damaged by any such parts of the Work that do not conform to the requirements of the Contract Documents or by defects in the Work. § 12.2.7 The provisions of this Section 12.2 apply to Work done by Subcontractors of the Contractor as well as Work done directly by employees of the Contractor. The provision for this Section 12.2.7 shall not apply to corrective work attributable solely to the acts or omissions of any separate contractor of Owner (unless Contractor is acting in such capacities). The cost to Contractor of performing any of its obligations under this Section 12.2.7 to the extent not covered by insurance shall be borne by Contractor. § 12.2.8 If, however, Owner and Contractor deem it inexpedient to require the correction of Work damaged or not done in accordance with the Contract Documents, then an equitable deduction from the Contract Sum shall be made by written agreement between Contractor and Owner. Until such settlement, Owner may withhold such sums as Owner deems just and reasonable from moneys, if any, due Contractor. The settlement shall not be unreasonably delayed by the Owner and the amount of money withheld shall be based on estimated actual cost of the correction to Owner. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be affected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the laws of the State of Texas, and any litigation shall be conducted in state district court. Mandatory and exclusive venue for any disputes shall be in Tarrant County, Texas. p § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract, in whole or in part, without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. (Paragraph deleted) § 13.2.2. The invalidity of any part or provision of the Contract Documents shall not impair or affect in any manner whatsoever the validity, enforceability or effect of the remainder of the Contact Documents. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. knit AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 63 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for I 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 13.3.2 No action or failure to act by the Owner, Owner's Representative, or Architect shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.3.3 Written Notice Written notice shall be deemed to have been duly served only if the writing is delivered in person to the office of the party set out on the first page of the AIA A 101-2017, Standard Form of Agreement Between Owner and Contractor, or to such other address as has been previously clearly identified in writing by the addressee, or sent by registered or certified mail. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made at appropriate times as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities having jurisdiction. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals which shall be included in the Cost of the Work. Provided, however, per Texas Government Code Chapter 2269, Owner shall bear all costs of construction materials engineering, testing and inspection services, and the verification testing services necessary for acceptance of the facility by the Owner. The Contractor shall give the Architect timely written notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Owner shall provide or contract for such additional testing, inspection, or approval. Such costs, except as provided in Section 13.4.3, shall be at the Owner's expense. Architect, Owner, Owner's Representative, and Contractor shall cooperate for the timely scheduling of such tests and inspections. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including, but not limited to, those of repeated procedures and compensation for the Architect's services and expenses, shall be at the Contractor's expense. § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect, with a copy to the Owner and Owner's Representative. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Undisputed payments due and unpaid under the Contract Documents shall bear interest from the date payment is overdue at the rate as provided by Texas Government Code Section 2251.025. Any such payment shall be deemed overdue on the thirty-first (31) day after Owner and Owner's Representative receive Architect's invoice or Contractor's completed Application for Payment to the Architect, whichever is later, if Owner's Board of Trustees meets more than once per month. No interest shall be due on sums properly retained by Owner, except as provided by law, or on disputed sums unpaid by Owner. § 13.6 EQUAL OPPORTUNITY IN EMPLOYMENT § 13.6.1 Fort Worth Independent School District, as an equal opportunity educational provider and employer, does not discriminate on the basis of race, color, religion, sex, national origin, disability, sexual orientation, and/or age in Init. AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 64 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB educational programs or activities that it operates or in employment decisions. The District is required by Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Age Discrimination Act of 1975, as amended, as well as board policy not to discriminate in such a manner. (Not all prohibited bases apply to all programs.) During the performance of this Contract, the Contractor further agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin or age: The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, sex, religion, national origin or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising: layoff or termination: rates of pay or other forms of compensation: and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment. notices setting forth the requirements of these non-discrimination provisions. Submittal to Owner of reasonable evidence of discrimination will be grounds for termination of the Agreement. This policy does not require the employment of unqualified persons. § 13.6.2 Historically Underutilized Businesses Program Contractor shall demonstrate positive, reasonable, and good faith efforts to company with Owner's Historically Underutilized Businesses Program, which is more specifically set forth in Specification Section 00 4539. § 13.7 Certification of Non -Segregated Facility § 13.7.1 This Subparagraph is applicable to Contracts and Subcontracts exceeding $10.000.00 which are not exempt from the provisions of the Equal Opportunity Clause. § 13.7.2 By the signing of this Contract. the Contractor signifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments. and that it does not permit its employees to perform their services at any location, under its control. where segregated facilities are maintained. It certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments. and that it will not permit its employees to perform their services at any location. under its control. where segregated facilities are maintained. The undersigned agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this proposed Contract. As used in this certification. the term 'segregated facilities' means any waiting rooms. work areas. rest rooms and wash rooms. restaurants and other eating areas, time clocks. locker rooms and other storage or dressing areas. parking lots. drinking fountains. recreation or entertainment areas. transportation, and housing facilities provided for employees which are segregated on the basis of race. creed, color. or national origin, because of habit local custom, or otherwise. It further agrees that (except where it obtained identical certifications from proposed consultants for specific time period), it will obtain identical certification from proposed Subcontractors prior to the award of a Contract exceeding $10,000.00 which are not exempt from the provisions of the Equal Opportunity Clause; that it will retain such certifications in its files: and that it will forward the following notice to such proposed Subcontractors (except where the proposed Subcontractors have submitted identical certifications for specific time periods). Notice to Prospective Subcontractors of requirement for certification of non -segregated facilities, as required by the May 19. 1967 Order (32 FR 7439. May 19. 1967) on elimination of segregated facilities, by the Secretary of Labor, must be submitted prior to the award of a Contract exceeding $10,000.00 which is not exempt from the provisions of the Equal Opportunity Clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e.- quarterly, semiannually, or annually). Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.11. § 13.7.3 The Contractor and the Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, age, disability, sex, national origin, or any class otherwise protected by Init. AIA Document A201 — 2017. Copyright C 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The ss American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03115/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB District policy or law. The Contractor agrees to post in conspicuous places, available to employees and applicants, notices setting forth the Contractor's nondiscrimination policies. § 13.7.4 The Contractor and the Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, age, disability, sex, national origin, or any class otherwise protected by District policy or law. § 13.8 Records § 13.8.1 Contractor shall at all times through the date of Final Completion, maintain Job Records, including, but not limited to, invoices, Construction Documents, payment records, payroll records, daily reports, diaries, logs, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda, other financial data and job meeting minutes applicable to the Project, in a manner which maintains the integrity of the documents. Job Records must be retained by Contractor for at least twelve (12) years after the date of Final Completion of the Project. Within ten (10) days of Owner's request, Contractor shall make such Job Records available for inspection, copying and auditing by the Owner, Architect or their respective representatives, at Owner's central office. § 13.8.2 Contractor shall keep a full and detailed financial accounting system and shall exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner and shall be subject to the provisions of Section 13.7.1. § 13.8.3 Contractor shall keep all Contract Documents related to the Project, subject to the provisions of Section 13.7.1, provided, however, Contractor shall not destroy said documents until Contractor has confirmed with Owner in writing that Owner has obtained a copy of all as -built drawings. § 13.8.4 Right to Audit At any time during the term of this Agreement and for a period of four (4) years thereafter, the Owner or a duly authorized audit representative of the Owner, or the State of Texas, at is expense and at reasonable times, reserves the right to audit the Contractor's records and books relevant to all services provided under this Agreement. In the event such an audit by the Owner reveals any errors/overpayments by the Owner, the Contractor shall refund the Owner the full amount of such overpayments within thirty (30) days of such audit findings, or the Owner, at its option, reserves the right to deduct such amounts owning the Owner from any payments due the Contractor. § 13.8.5 In the event that an audit by the Owner reveals any errors/overpayments by the Owner, then the Contractor shall refund to the Owner the full amount of such overpayments within thirty (30) days of such audit findings, or the Owner, at its option, reserves the right to deduct such amounts owed to the Owner from any payments due to the Contractor. § 13.9 Proprietary Interests and Confidential Information § 13.9.1 All information owned, possessed, or used by Owner which is communicated to, learned, developed or otherwise acquired by Contractor in the performance of services for Owner, which is not generally known to the public, shall be confidential and Contractor shall not, beginning on the date of first association or communication between Owner and Contractor and continuing through the term of this Agreement and at any time thereafter, disclose, communicate or divulge, or permit disclosure, communication or divulgence, to another or use for Contractor's own benefit or the benefit of another, any such confidential information, unless required by law. Except when defined as part of the Project, Contractor shall not make any press releases, public statements, or advertisement referring to the Project or the engagement of Contractor as an independent contractor of Owner in connection with the Project or release any information relative to the Project for publications. advertisement or any other purpose without prior written approval of Owner. Contractor shall obtain assurances similar to those contained in this Subparagraph from persons, agents, and subcontractors retained by Contractor. Contractor acknowledges and agrees that a breach by Contractor of the provisions hereof will cause Owner irreparable injury and damage. Contractor, therefore, expressly agrees that Owner shall be entitled to injunctive and/or other equitable relief to prevent or otherwise restrain a breach of this Agreement. 1. Contractor acknowledges and agrees that the Owner has an interest in maintaining and otherwise protecting the image and reputation of the Owner's official logo or emblem and any other )nit AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The ss American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB trademarks, copyrighted or otherwise protected materials of the Owner <hereinafter referred to as the "Owner' s Protected Materials"), and that in order to accomplish this purpose, the Owner must in all cases assure itself that the Owner's Protected Materials are at all times used in a manner consistent with the Owner's policies, administrative regulations, and this Agreement. 2. Contractor agrees that the Owner must, therefore, have the right to examine and approve or disapprove such use in writing in advance of use, the contents, appearance and presentation of any and all advertising, promotional or other similar materials proposed by the Contractor to be used in connection with any advertising or promotion utilizing Owner's Protected Materials. § 13.9.2 Contractor therefore agrees that it: 1. Will not produce, publish or in any manner use or distribute any such advertising, promotional or other materials prepared by or on behalf of the Contractor that have not been submitted to and approved in writing in advance by the Owner; and 2. Will submit to the Owner for its examination and approval or disapproval, in advance of use, samples of such materials together with the script, text, coloring, storyboards and a copy of any photograph proposed to be used: 3. The Owner agrees that the Owner will promptly hereunder to the Contractor examine and either approve or disapprove each submission and promptly notify the Contractor of its approval or disapproval. § 13.9.3 The Owner, on behalf of its minor schoolchildren, reserves the absolute right in its sole discretion to reject the content of any submission. § 13.9.4 Contractor agrees that nothing contained in this Agreement shall give to the Contractor any right, title or interest in the Owner's Protected materials and that the Owner's Protected Materials are, and are to be, the sole property of the Owner and that any and all use by the Contractor of the Owner's Protected Materials, and the goodwill arising therefrom, shall inure to the benefit of the Owner. § 13.9.5 The parties acknowledge that, as a public entity in the State of Texas, Owner is subject to, and must comply with, the provisions of the Texas Public Information Act, Texas Government Code Section 552.001, et seq., and the Texas Open Meetings Act, Texas Government Code, Section 551.001, et seq. § 13.9.6 Non -Compensation Requirement The Owner may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the Owner to participate in preparing the specifications or request for proposals on which the bid or contract is based. The Contractor is described as "vendor" in the statutory quote below: "Under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated, and payment withheld if this certification is inaccurate." § 13.10 The Contractor shall have full responsibility for utilizing means and methods that may result in an overstress of any structure or any part or member of it during construction. The Contractor shall fully check the effect of his operations in this regard and shall provide all temporary support and connections required. § 13.11 The Contractor shall protect and be responsible for any damage to or loss of its work, tools, equipment or material, from the date of the Contract until the acceptance of the Work and shall make good without cost to the Owner, any damage or loss that may occur during this period. All material affected by weather shall be covered and protected to keep it from damage while being transported to the site, as well as when it is stored on the site. The Contractor at its own expense and option shall employ watchmen or erect fencing at such time as necessary to protect his work, tools, equipment or material by the Contractor and the fact that the Owner has a watchman, if any, shall not mean that the Owner has undertaken, nor does the Owner undertake, to protect work, tools, equipment and materials from theft or mysterious disappearance. Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 67 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail dccinfo@aiacontracts.com. User Notes: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 13.12 The Contractor should only take direction on any issues regarding the Project when provided by the Owner's Representative or Architect. § 13.13 Partnering Contractor will participate in a partnering process if requested by District. § 13.14 As -Built Drawings Prior to issuance of the Certificate of Final Completion by Architect and Owner's Representative, the Contractor shall submit to Architect a complete set of as -built drawings, with all changes made during construction, including concealed mechanical, electrical and plumbing items clearly shown. The Contractor shall submit these drawings in a medium acceptable to the Architect. Based upon the as -built drawings received from Contractor. Architect shall, within thirty days after receipt of the as -built drawings from Contractor, complete Record Drawings. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of ninety 90 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: 1. Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; 2. An act of government, such as a declaration of national emergency, that requires all Work to be stopped; or 3. Because the Owner has not made payment of undisputed sums due on an approved Certificate for Payment within the time stated in the Contract Documents. 4. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If the Work is stopped for ninety (90) consecutive days for any reason described in subparagraphs 14.1.1 or 14.1.2 , then, after the applicable time period, the Contractor may, upon fourteen (14) days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, and for proven unrecoverable loss with respect to materials, equipment, tools, and construction equipment and machinery incurred to the date of termination, § 14.1.4 If the Work is stopped for a period of ninety (90) consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon twenty (20) additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.1.5 Notwithstanding anything to the contrary contained herein or in the other Contract Documents, neither the Owner or any other party shall be responsible for damages for loss of anticipated profits on Work not performed on account of any termination described in Subparagraphs 14.1.1, 14.1.2 and 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor 1. persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918. 1925, 1937, 1951, 1958. 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 68 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB 2. fails to make payment to Subcontractors or Suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or Suppliers; 3. repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; 4. otherwise is guilty of material breach of a provision of the Contract Documents; 5. fails to furnish the Owner, upon written request, with assurances satisfactory to the Owner, evidencing the Contractor's ability to complete the Work in compliance with all the requirements of the Contract Documents; 6. engages in serious or repeated worker misconduct in violation of Article 3.3.2; 7. engages in conduct that would constitute a violation of state or federal criminal law, including but not limited to, the laws prohibiting certain gifts to public servants, or engages in conduct that would constitute a violation of the Owner's ethics or conflict of interest policies; or 8. fails to proceed continuously and diligently with the construction and completion of the Work, except as permitted under the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, subject to any prior rights of the surety, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: 1. Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; 2. Accept assignment of subcontracts pursuant to Section 5.4; and 3. Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. Any further payment shall be limited to amounts earned to the date of termination. § 14.2.4 If the costs of finishing the Work, including compensation for the Architects' services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, exceed the unpaid balance of the Contract Sum), then the Contractor and/or its Surety shall pay the difference to the Owner. The amount to be paid to the Owner shall be certified by Architect upon application. The obligation for payment shall survive termination of the Contract. § 14.2.5 The parties hereby agree that: (1) if an order for relief is entered on behalf of the Contractor, pursuant to Chapter 11 of the U.S. Bankruptcy Code; (2) if any other similar order is entered under any debtor relief laws; (3) if Contractor makes an assignment for the benefit of one or more of its creditors; (4) if a receiver is appointed for the benefit of its creditors; or (5) if a receiver is appointed on account of its insolvency, any such event could impair or frustrate Contractor's performance of the Contract Documents. Accordingly, it is agreed that upon occurrence of any such event, Owner shall be entitled to request of Contractor or its successor in interest adequate assurance of future performance in accordance with the terms and conditions of the Contract Documents. Failure to comply with such request within ten (10) days of delivery of the request shall entitle Owner to terminate the Contract and to the accompanying rights set forth in Subparagraphs 14.2.1 through 14.2.6. In all events, pending receipt of adequate assurance of performance and actual performance in accordance with the Contract Documents, Owner shall be entitled to proceed with the Work with Owner's own forces or with other Contractors on a time and material or other appropriate basis, the cost of which will be charged against the Contract Sum. § 14.2.6 As required by Texas Government Code Chapter 2253, if a Performance Bond has been furnished and the Contractor is declared by the Owner to be in default under the Contract the Surety shall promptly remedy the default by completing the Contract in accordance with its terms and conditions, or by obtaining a bid or bids in accordance with its terms and conditions. At Owner's election, upon determination by the Owner and the Surety of the lowest responsible bidder, the Surety will complete the Work or will arrange for a Contract between such bidder and the Owner, and make available as Work progresses sufficient funds to pay the cost of completion less the balance of the Contract Sum, but not exceeding the Penal Sum of the bond and other costs and damages for which the Surety may be liable under the bond. The phrase 'balance of the Contract Sum' as used herein shall mean the total amount payable by Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 69 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for 1 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB the owner to the Contractor under the Contract and amendments thereto less the amount previously paid by the Owner to the Contractor. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. § 14.3.2 In the event of such a suspension, an adjustment shall be made to the Contract Sum calculated under Article 7. No adjustment shall be made to the extent: 1. that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or 2. that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. Furthermore, if this Contract is a multi -year contract funded through Owner's current general funds that are not bond funds, then the Owner's Board of Trustees has the right to not appropriate adequate monies for the next fiscal year and to terminate this Contract at the end of each fiscal year during the term of the Contract, without the Owner incurring any further liability to Contractor as a result of such termination. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall 1. cease operations as directed by the Owner in the notice; 2. take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and 3. except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work properly executed prior to notice of termination and for proven unrecoverable loss with respect to materials, equipment, tools, and construction equipment and machinery incurred to the date of termination. Such payment shall not cause the Contract Sum, or Guaranteed Maximum Price, if the Project is a Construction Manager at Risk Project, to be exceeded. Such payment shall not include overhead and profit for Work not executed. § 14.4.4 Upon determination by a Court of competent jurisdiction that termination of the Contractor pursuant to Section 14.2 was wrongful, such termination will be deemed converted to a termination for convenience pursuant to Section 14.4, and Contractor's remedy for wrongful termination shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Section 14.4. ARTICLE 15 CLAIMS AND DISPUTES OF CONTRACTOR § 15.1 Claims § 15.1.1 Definition A Claim is any demand or assertion by the Contractor that -it should be paid more money than the Contract Sum or granted more contract time by the Owner because of action or inaction on the part of Owner, any Owner representative, Architect, or any party for whom Owner is responsible, or any party with whom Owner has separately contracted for other portions of the Project, including, but not limited to, any demand or assertion that Contractor's performance has been delayed, interrupted or interfered with, that Contractor's performance has been accelerated, constructively accelerated, or suspended, that Contractor' s performance has been wrongfully terminated, that there has been a failure of payment, that Contractor has encountered concealed or unknown conditions, that Contractor has encountered hazardous materials, that actions or omissions of the Owner have been wrongful related in any way to the Work, that a time extension grant was inadequate, that there has been a breach of contract, or that Contractor is entitled Init. AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 70 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB to any other relief, on any legal or equitable theory, related to the Work or the Contract. This definition of Claim is not intended to create any right of action where the right of action does not otherwise exist under applicable law or other provisions of this Contract. (Paragraphs deleted) § 15.1.2 Time Limits on Litigation The Owner and Contractor shall commence all litigation whether in contract, tort, breach of warranty or otherwise, within the period specified by applicable law, but in the case of the Owner, not more than 12 years after the date of Final Completion of the Work. The Owner and Contractor waive all causes of action not commenced in accordance with this Section 15.1.2. Any claim, as defined by § 15.1.1, shall be presented in accordance with § 15.1.3, and processed through that procedure prior to any filing of litigation. Failure to comply with the process shall constitute a waiver of that claim and a failure to exhaust administrative remedies. § 15.1.2.1 Within fourteen (14) calendar days of the first occurrence of an event that Contractor has any reason to believe might result in a Claim, or within fourteen (14) calendar days of Contractor's discovery of the first occurrence of an event that Contractor has any reason to believe might result in a Claim if the first occurrence of the event was willfully hidden from the Contractor, the Contractor shall file a written document clearly captioned "Notice of Claim" with Owner, Owner's Representative, and the Architect. The Notice shall clearly set out the specific matter of complaint, and the impact or damages, which may occur or have occurred as a result thereof. to the extent the impact or damages can be assessed at the time of the Notice. If the impact or damages cannot be assessed as of the date of the Notice, the Notice shall be amended at the earliest date that is reasonably possible. It is imperative that Owner have timely, and specific Notice of a potential problem in order that the problem can be mitigated promptly. § 15.1.2.2 In addition to the Notice required by Subparagraph 15.1.2, as a condition precedent to the filing of any litigation against the Owner, Owner's Representative, or Architect, arising out of or related to this Contract, the Contractor shall also file a document captioned "Claim of Damages" with the Owner, Owner's Representative, and Architect within ninety-one (91) days of any occurrence or any event resulting in a Claim for damages, giving notice of the Claim. Contractor agrees that this is a reasonable Notice requirement under Texas Civil Practices and Remedies Code § 16.071. Any Claim or portion of a Claim that has not been made the specific subject of a Notice strictly in accordance with the requirements of this section is waived. § 15.1.3.2 Claims by the Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by written notice to the Owner and Owner' Representative. § 15.1.4 Continuing Contract Performance § 15.1.4.1 After receipt of a Notice of Claim, the Architect shall have fourteen (14) calendar days to render a decision, which shall be stated in writing and delivered to the Contractor, the Owner, and the Owner's Representative via facsimile, regular mail, or hand delivery. If the Architect fails to render a decision in writing with the fourteen (14) days, then the Claim shall be deemed accepted. Within five (5) calendar days of receipt of the Architect's written decision, Contractor may file a written appeal of the decision to the Owner's Representative. The Owner's Representative shall have ten (10) calendar days to render a decision, which shall be stated in writing and delivered to the Contractor, Architect, and the Owner via facsimile, regular mail, or hand delivery. If the Owner's Representative fails to render a decision in writing within the ten (10) days, the claim shall be deemed accepted. Within five (5) calendar days of receipt of Owner's Representative's written decision, Contractor may file a written appeal of the decision with the Deputy Chief of Operations. Within fourteen (14) calendar days of the receipt to an appeal, an Appeals Board consisting of the Deputy Chief of Operations, the Director of Design & Special Projects, and a representative of the Office of Legal Service, shall render a written decision. Any Claim determination requiring a Change Order must be approved by the Board of Trustees. The filing or rejection of a Claim does not entitle Contractor to stop performance of the Work. Contractor shall proceed diligently with performance of the Contract during the pendency of any Claim, excepting termination or under Owner's direction to stop the Work. Any Claim that would require expenditure in excess of $10,000.00, or that would require a Change Order, must be reviewed by the Owner's Representative and Appeals Board using the appeals process described in this section. (Paragraph deleted) Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 71 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 15.1.5 Claims for Additional Cost or An Increase in the Contract Sum If the Contractor wishes to make a Claim for additional cost or an increase in the Contract Sum or Guaranteed Maximum Price, written notice as provided in Section 15.1.3 shall be given to Owner, Owner's Representative, and Architect. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. The Architect will promptly investigate such Claim and report findings and a recommended resolution in writing to the Owner and Contractor. If the Claim is approved by Owner's Board of Trustees, or Owner's representative, then Contractor shall proceed with the execution of the Work that is the subject matter of the Claim. If the Claim is rejected by the Owner, then Contractor may pursue alternative dispute resolution as provided for in the Contract Documents. § 15.1.5.1 Claims for Concealed or Unknown Conditions Only if conditions are encountered at the site which are: (a) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents; (b) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents; or (c) in the case of renovation Work, any condition of the pre-existing construction to be renovated, that is materially different from any of the conditions that could reasonably have been expected to be present in preexisting construction of the age and type encountered on the Project, then Contractor shall be entitled to make a Claim if it can satisfy all of the requirements of Paragraph 15.1. § 15.1.5.2 No adjustment in the Contract Time or Contract Sum shall be permitted, however, in connection with a concealed or unknown condition which does not differ materially from those conditions disclosed or which reasonably should have been disclosed by Contractor's: (1) prior inspections, tests. reviews and preconstruction services for the Project; or (2) inspections. tests. review and preconstruction services which were given to Contractor by Owner. Architect or Owner's representative or which Contractor had the opportunity to make or should have performed in connection with the Project. § 15.1.5.3 Calculating Claim Amount In calculating the amount of any Claim, the following standards will apply: 1. No indirect or consequential damages will be allowed: 2. No recovery shall be based on a comparison of planned expenditures to total actual expenditures, or on: Estimated losses of labor efficiency, or on a comparison of planned man loading to actual man loading, or any other analysis that is used to show damages indirectly: 3. Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong: 4. The maximum daily limit on any recovery for delay shall be the amount originally estimated by the Contractor for job overhead costs divided by the total number of calendar days of Contract Time called for in the original Contract; 5. No damages will be allowed for home office overhead or other home office charges, or any Eichleay formula calculation: and 6. No profit will be allowed on any Claim. § 15.1.5.4 Injury or Damage to Person or Property If either party to the Contract suffers injury or damage to persons or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written Notice of such injury or damage, whether or not insured, shall be given to the other party as provided herein. The Notice shall provide sufficient detail to enable the other party to investigate the matter. § 15.1.5.5 Claims Handling Following Construction The acceptance of final payment shall constitute a waiver of Claims by the Contractor. which have not previously been identified in a Notice of Claim under 15.1.2 and a Claim under 15.1.2.1 and specifically reserved in the final Application for Payment. Init. AIA Document A201 — 2017. Copyright C 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The %2 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for 1 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor's Claim shall include an estimate of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and prevented the execution of major items of work on normal working days. "Adverse weather conditions" means unusually severe weather which is beyond the normal weather recorded and expected for the locality and/or the season or seasons of the year. § 15.1.6.3 The Contractor shall anticipate and include in the construction schedule lost time due to adverse weather conditions in accordance with the table below. A "Lost Time Workday" is defined as a day when rainfall exceeds one-half (.5) inch during a 24-hour period. The number of rain days expected for each month is as follows: Note: Prior to the execution of the Contract, Owner shall fill in the blanks below: January [5] calendar days February [4] calendar days March [5] calendar days April [6] calendar days May [6] calendar days June [4] calendar days July [4] calendar days August [4] calendar days September [5] calendar days October [4] calendar days November [4] calendar days December [4] calendar days § 15.1.6.4 Time extensions may be granted for Lost Time Workdays in any month when the cumulative number of Lost Time Workdays during that month exceeds the number scheduled, provided that the rainfall prevented the execution of major items of work on normal working days. No day will be counted as a Lost Time Workday when substantial Contractor forces are able to perform Work on the Project for more than fifty percent (50%) of the usual workday or when the stage of the Work on the Project is not adversely impacted. The number of Lost Time Workdays shown in the above schedule for the first and last months of the Contract will be prorated in determining the total number of Lost Time Workdays expected during the period of the Contract. § 15.1.6.5 No extension of time shall be made to the Contractor because of hindrances or delays from any cause which is the fault of Contractor or Contractor's Subcontractors or under Contractor's control. Claims for extension of time may only be considered because of Lost Time Workdays delays, or because of hindrances or delays which are the fault of Owner and/or under Owner's control, but only to the extent that Substantial Completion of the Project is adjusted beyond the original Substantial Completion date. Only claims for extension of time shall be considered because of hindrances or delays not the fault of either Contractor or Owner, but only to the extent that Substantial Completion of the Project exceeds the Substantial Completion date established for the Work. Board approval shall be required for any extension of time. No damages shall be paid for delays. Contractor shall only be entitled to time extensions per the terms of the Contract Documents. The final calculation of entitlement to a time extension cannot be made until the Project is completed and the time extensions for unusually adverse weather may not be made until the time. Lost Time Workdays will not be calculated for any period when the critical path of the Project is not subject to impact from adverse weather conditions § 15.1.6.6 Requests for time extension shall be submitted on a monthly basis on or before the fifteenth (15'h) day of the month and shall specify the time delay, the cause of the delay, and the responsible party for the delay, whether Contractor, Owner, rain day, or other. No claims for damages for delay shall be made by Contractor. Any claim not submitted under the terms of this Section shall be waived. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes 1. damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and Init. AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 73 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/1512024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB 2. damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Resolution of Claims and Disputes § 15.2.1 Claims by the Contractor against the Owner, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for written decision. An initial decision by the Architect shall be required as a condition precedent to mediation or litigation of all Claims by the Contractor arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. § 15.2.2 The Architect shall review Claims and within ten days of the receipt of the Claim take one of the following actions: (1) request additional supporting data from the Contractor; or (2) make a written decision to the Owner, with a copy to the Contractor. § 15.2.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in making a written recommendation. § 15.2.4If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished, or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 Following receipt of the Architect's written recommendation regarding a Claim, the Owner and Contractor shall attempt to reach agreement as to any adjustment to the Contract Sum or Guaranteed Maximum Price and/or Contract Time. If no agreement can be reached, then either party may request mediation of the dispute pursuant to Section 15.3. § 15.2.6 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Architect or the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. (Paragraphs deleted) § 15.3 Alternative Dispute Resolution § 15.3.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived under the terms of the Contract Documents, shall, after written recommendation by the Architect or thirty (30) days after submission of the Claim to the Architect, be subject to mediation at the request of either party. Owner and Contractor expressly agree that mediation shall be a condition precedent to the initiation of any litigation arising out of such Claims. Claims for injunctive relief shall not be subject to this Section. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation. Requests for mediation shall be filed in writing with the other party to the Contract. Mediation shall be subject to and in accordance with Chapter 154 of the Texas Civil Practice & Remedies Code. Mediation shall be conducted by a mutually -agreed -upon mediator. In the event that the parties are unable to agree on a mediator, then the parties shall jointly request the appointment of a neutral mediator by a District Judge of Tarrant County, Texas. § 15.3.3 The parties shall share the mediator's fee equally and, if any filing fee is required, shall share said fee equally. Mediation shall be held within the county where the Owner's main administrative office is located, unless another Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 74 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, 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: (724723513) DocuSign Envelope ID: 13CFA40E-DE37-499F-A1AD-63B6499D7BFB location is mutually agreed upon by the parties. Agreements reached in mediation shall be reduced to writing, considered for approval by the Owner's Board of Trustees, signed by the parties if approved by the Board of Trustees, and, if signed, shall thereafter be enforceable as provided by the laws of the State of Texas. (Paragraph deleted) § 15.3.5 Any claim not resolved in mediation shall be subject to litigation pursuant to Section 13.1. § 15.4 No Arbitration Notwithstanding anything to the contrary in the Contract Documents or in any document forming a part hereof, there shall be no mandatory arbitration for any dispute arising hereunder. § 15.5Immunity Contractor stipulates that Owner is a political subdivision of the State of Texas, and, as such, enjoys immunities from suit and liability provided by the Constitution and laws of the State of Texas. By entering into this Agreement, Owner does not waive any of its immunities from suit and/or liability, except as otherwise specifically provided herein and as specifically authorized by law. § 15.6 Attorney's Fees In any adjudication under this Agreement, reasonable and necessary attorneys' fees may be awarded to the prevailing party. ARTICLE 16 BUSINESS ETHICS § 16.1 During the course of pursuing contracts, and the course of Contract performance, Contractor and its Subcontractors and vendors will maintain business ethics standards aimed at avoiding real or apparent impropriety or conflicts of interest. No substantial gifts, entertainment, payments, loans or other considerations beyond that which would be collectively categorized as incidental shall be made to any personnel of the Owner, its Owner's Representative, or its Architects, or to family members of any of them. At any time, Contractor believes there may have been a violation of this obligation, Contractor shall notify Owner of the possible violation. Owner is entitled to request a representation letter from Contractor, its Subcontractors or vendors at any time to disclose all things of value passing from Contractor, its Subcontractors or vendors to Owner' s personnel. its Owner's Representative and its Architects. § 16.2 The Owner may, by written notice to the Contractor cancel the Contract for Construction without liability to the Contractor if it is determined by the Owner that gratuities, in the form of entertainment, gifts, or anything of monetary value, were offered or given by the Contractor, or any agent, or representative of the Contractor, to any officer or employee of the Dallas Independent School District with a view toward securing a contract or securing favorable treatment with respect to the awarding, amending. or making of any determinations with the respect to the performing of such a contract. In the event the Construction Agreement is cancelled by the Owner pursuant to this provision, Owner shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. This Agreement entered into as of the day and year first written above. DpocuSig�ne�dGby: r �IA nc�znoonn�nnnv " o Z�� 12/20'2023 OWNER (Signature) CONTRACTOR (Signature) Dr. Angelica Ramsey, Superintendent Cole Reeder, Vice President (Printed name and title) (Printed name and title) (Paragraphs deleted) 12/22/2023 Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997. 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 75 American Institute of Architects. This document was produced at 12:15:17 CT on 12/04/2023 under Order No.2114429579 which expires on 03/15/2024, is not for t resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (724723513) 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 011100-1 SUMMARY OF WORK SECTION 01 11 00 SUMMARY OF WORK PART1- GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 3 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 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. 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised December 20, 2012 01 11 00 - 2 SUMMARY OF WORK Page 2 of 3 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised December 20, 2012 01 11 00 - 3 SUMMARY OF WORK 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised December 20, 2012 012500-1 DAP SUBSTITUTION PROCEDURES SECTION 0125 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or -equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or -equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or -equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised August 30, 2013 CPN 105096 01 25 00 - 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 ofproposed 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised August 30, 2013 CPN 105096 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised August 30, 2013 CPN 105096 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: Page 4 of 4 PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised August 30, 2013 CPN 105096 0131 19- 1 DAP PRECONSTRUCTION MEETING Pagel of 3 1 SECTION 01 31 19 2 PRECONSTRUCTION MEETING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. No construction schedule required unless requested by the City. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded, tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the delivery of the 28 distribution package to the City. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Developer and Consultant 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects Ventana Elementary School Revised August 30, 2013 CPN 105096 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 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 j . Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects Ventana Elementary School Revised August 30, 2013 CPN 105096 0131 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL 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] 1 1 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects Ventana Elementary School Revised August 30, 2013 CPN 105096 013233-1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 SECTION 0132 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised August 30, 2013 CPN 105096 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised August 30, 2013 CPN 105096 1 2 SECTION 01 33 00 DAP SUBMITTALS 3 PART 1 - GENERAL 4 5 6 7 8 9 10 11 12 13 14 15 16 el 21 22 23 24 25 26 27 28 29 1.1 SUMMARY A. Section Includes: 01 33 00 - 1 DAP SUBMITTALS Page 1 of 10 1. General methods and requirements of submissions applicable to the following Work -related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - Developer Awarded Projects CPN 105096 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 a 32 33 01 3300-2 DAP SUBMITTALS Page 2 of 10 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. d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - Developer Awarded Projects CPN 105096 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 01 3300-3 DAP SUBMITTALS Page 3 of 10 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 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - Developer Awarded Projects CPN 105096 Revised August 30, 2013 1 2 3 4 5 i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 01 33 00 - 4 DAP SUBMITTALS Page 4 of 10 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. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - Developer Awarded Projects CPN 105096 Revised August 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 M 20 21 22 23 24 25 26 27 28 29 30 31 32 33 01 3300-5 DAP SUBMITTALS Page 5 of 10 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 7) Standard wiring diagrams 8) Printed performance curves and operational -range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare -parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on -site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - Developer Awarded Projects CPN 105096 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 01 3300-6 DAP SUBMITTALS Page 6 of 10 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) 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 CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - Developer Awarded Projects CPN 105096 Revised August 30, 2013 1 2 3 4 5 6 7 I 13 14 15 16 17 18 19 20 21 22 23 24 25 29 30 31 32 33 34 35 01 3300-7 DAP SUBMITTALS Page 7 of 10 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - Developer Awarded Projects CPN 105096 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 01 3300-8 DAP SUBMITTALS Page 8 of 10 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) 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. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - Developer Awarded Projects CPN 105096 Revised August 30, 2013 01 3300-9 DAP SUBMITTALS Page 9 of 10 1 1) All subsequent reviews will be performed at times convenient to the City 2 and at the Contractor's expense, based on the City's or City 3 Representative's then prevailing rates. 4 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 5 all such fees invoiced by the City. 6 c. The need for more than 1 resubmission or any other delay in obtaining City's 7 review of submittals, will not entitle the Contractor to an extension of Contract 8 Time. 9 7. Partial Submittals 10 a. City reserves the right to not review submittals deemed partial, at the City's 11 discretion. 12 b. Submittals deemed by the City to be not complete will be returned to the 13 Contractor, and will be considered "Not Approved" until resubmitted. 14 c. The City may at its option provide a list or mark the submittal directing the 15 Contractor to the areas that are incomplete. 16 8. If the Contractor considers any correction indicated on the shop drawings to 17 constitute a change to the Contract Documents, then written notice must be 18 provided thereof to the Developer at least 7 Calendar Days prior to release for 19 manufacture. 20 9. When the shop drawings have been completed to the satisfaction of the City, the 21 Contractor may carry out the construction in accordance therewith and no further 22 changes therein except upon written instructions from the City. 23 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 24 following receipt of submittal by the City. 25 L. Mock ups 26 1. Mock Up units as specified in individual Sections, include, but are not necessarily 27 limited to, complete units of the standard of acceptance for that type of Work to be 28 used on the Project. Remove at the completion of the Work or when directed. 29 M. Qualifications 30 1. If specifically required in other Sections of these Specifications, submit a P.E. 31 Certification for each item required. 32 N. Request for Information (RFI) 33 1. Contractor Request for additional information 34 a. Clarification or interpretation of the contract documents 35 b. When the Contractor believes there is a conflict between Contract Documents CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - Developer Awarded Projects CPN 105096 Revised August 30, 2013 01 33 00 - 10 DAP SUBMITTALS Page 10 of 10 1 c. When the Contractor believes there is a conflict between the Drawings and 2 Specifications 3 1) Identify the conflict and request clarification 4 2. Sufficient information shall be attached to permit a written response without further 5 information. 6 7 8 9 FA 12 13 14 15 16 17 18 19 20 21 22 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - Developer Awarded Projects CPN 105096 Revised August 30, 2013 0135 13 -1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 — General Requirements 23 3. Section 33 12 25 — Connection to Existing Water Mains 24 25 1.2 REFERENCES 26 A. Reference Standards 27 1. Reference standards cited in this Specification refer to the current reference 28 standard published at the time of the latest revision date logged at the end of this 29 Specification, unless a date is specifically cited. 30 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 31 High Voltage Overhead Lines. 32 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 33 Specification 34 1.3 ADMINISTRATIVE REQUIREMENTS 35 A. Coordination with the Texas Department of Transportation 36 1. When work in the right-of-way which is under the jurisdiction of the Texas 37 Department of Transportation (TxDOT): 38 a. Notify the Texas Department of Transportation prior to commencing any work 39 therein in accordance with the provisions of the permit CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105096 Revised August, 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 0135 13 -2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage -type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de -energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 0131 13 E. Water Department Coordination 1. During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105096 Revised August, 30, 2013 0135 13 -3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 1 2. Coordinate any event that will require connecting to or the operation of an existing 2 City water line system with the City's representative. 3 a. Coordination shall be in accordance with Section 33 12 25. 4 b. If needed, obtain a hydrant water meter from the Water Department for use 5 during the life of named project. 6 c. In the event that a water valve on an existing live system be turned off and on 7 to accommodate the construction of the project is required, coordinate this 8 activity through the appropriate City representative. 9 1) Do not operate water line valves of existing water system. 10 a) Failure to comply will render the Contractor in violation of Texas Penal 11 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 12 will be prosecuted to the full extent of the law. 13 b) In addition, the Contractor will assume all liabilities and 14 responsibilities as a result of these actions. 15 F. Public Notification Prior to Beginning Construction 16 1. Prior to beginning construction on any block in the project, on a block by block 17 basis, prepare and deliver a notice or flyer of the pending construction to the front 18 door of each residence or business that will be impacted by construction. The notice 19 shall be prepared as follows: 20 a. Post notice or flyer 7 days prior to beginning any construction activity on each 21 block in the project area. 22 1) Prepare flyer on the Contractor's letterhead and include the following 23 information: 24 a) Name of Project 25 b) City Project No (CPN) 26 c) Scope of Project (i.e. type of construction activity) 27 d) Actual construction duration within the block 28 e) Name of the contractor's foreman and phone number 29 f) Name of the City's inspector and phone number 30 g) City's after-hours phone number 31 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 32 A. 33 3) Submit schedule showing the construction start and finish time for each 34 block of the project to the inspector. 35 4) Deliver flyer to the City Inspector for review prior to distribution. 36 b. No construction will be allowed to begin on any block until the flyer is 37 delivered to all residents of the block. 38 G. Public Notification of Temporary Water Service Interruption during Construction 39 1. In the event it becomes necessary to temporarily shut down water service to 40 residents or businesses during construction, prepare and deliver a notice or flyer of 41 the pending interruption to the front door of each affected resident. 42 2. Prepared notice as follows: 43 a. The notification or flyer shall be posted 24 hours prior to the temporary 44 interruption. 45 b. Prepare flyer on the contractor's letterhead and include the following 46 information: 47 1) Name of the project 48 2) City Project Number CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105096 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 0135 13 -4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. H. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. I. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. J. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. K. Employee Parking 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105096 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 SUBMITTALSANFORMATIONAL 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 12 DATE NAME 8/31/2012 D. Johnson 13 1040 1XI] Wy 014011130 Revision Log SUMMARY OF CHANGE 1.3.13— Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105096 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 37 0135 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105096 Revised August, 30, 2013 1 2 3 4 Date: EXHIBIT B FORT WORTH DOE NO. xxxx Project Name: 0135 13 -7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 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) C630 MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105096 Revised August, 30, 2013 01 45 23 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 external FTP site approved by the City. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised March 9, 2020 01 45 23 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 3/9/2020 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised March 9, 2020 015000-1 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised July 1, 2011 01 50 00 - 2 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised July 1, 2011 01 50 00 - 3 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised July 1, 2011 01 50 00 - 4 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised July 1, 2011 01 55 26 -1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1— General Requirements 15 3. Section 34 71 13 — Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 spec ific ation, unles s a date is spec ific ally c ited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. Contractor shall minimize lane closures and impact to vehicular/pedestrian 30 traffic. 31 b. When traffic control plans are included in the Drawings, provide Traffic 32 Control in accordance with Drawings and Section 34 71 13. 33 c. When traffic control plans are not included in the Drawings, prepare traffic 34 controlplans in accordance with Section 34 71 13 and submit to City for 35 review. 36 1) Allow minimum 10 working days for review of proposed Traffic Control. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised March 22, 2021 01 55 26 - 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2of3 1 2) A traffic control "Typical" published by City of Fort Worth, the Texas 2 Manual Unified Traffic Control Devices (TMUTCD) or Texas Department 3 of Transportation (TxDOT) can be used as an alternative to preparing 4 project/site specific traffic control plan if the typical is applicable to the 5 specific project/site. 6 B. Street Use Permit 7 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 8 a. To obtain Street Use Permit, submit Traffic Control Plans to City 9 Transportation and Public Works Department. 10 1) Allow a minimum of 5 working days for permit review. 11 2) It is the Contractor's responsibility to coordinate review of Traffic Control 12 plans for Street Use Permit, such that construction is not delayed. 13 C. Modification to Approved Traffic Control 14 1. Prior to installation traffic control: 15 a. Submit revised traffic control plans to City Department Transportation and 16 Public Works Department. 17 1) Revise Traffic Controlplans in accordance with Section 34 71 13. 18 2) Allow minimum 5 working days for review of revised Traffic Control. 19 3) It is the Contractor's responsibility to coordinate review of Traffic Control 20 plans for Street Use Permit, such that construction is not delayed. 21 D. Removal of Street Sign 22 1. If it is determined that a street sign must be removed for construction, then contact 23 City Transportation and Public Works Department, Signs and Markings Division to 24 remove the sign. 25 E. Temporary Signage 26 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 27 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 28 Devices (MUTCD). 29 2. Install temporary sign before the removal of permanent sign. 30 3. When construction is complete, to the extent that the permanent sign can be 31 reinstalled, contact the City Transportation and Public Works Department, Signs 32 and Markings Division, to reinstall the permanent sign. 33 F. Traffic Control Standards 34 1. Traffic Control Standards can be found on the City's web site. 35 1.5 SUBMITTALS [NOT USED] 36 A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised March 22, 2021 01 55 26 - 3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 11 12 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1.4 A. Added language to emphasize minimizing of lane closures and impact to traffic. 1.4 A. 1. c. Added language to allow for use of published traffic control "Typicals" if 3/22/2021 M Owen applicable to specific project/site. 1.4 F. 1) Removed reference to Buzzsaw 1.5 Added language re: submittal of permit CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised March 22, 2021 015713-1 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised July 1, 2011 01 57 13 - 2 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised July 1, 2011 0157 13 -3 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised July 1, 2011 SECTION 0160 00 PRODUCT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 01 60 00 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. A list of City approved products for use is available through the City's website at: https:Happs.fortworthtexas.gov/ProjectResources/ and following the directory path; 02 - Construction Documents/Standard Products List B. 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. C. 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. D. 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. E. 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised March 9, 2020 01 60 00 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 3/9/2020 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105096 Revised March 9, 2020 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Pagel of 4 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 — General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105096 Revised April 7, 2014 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off -site storage and protection when on -site storage is not adequate. 25 a. Provide addresses of and access to off -site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105096 Revised April 7, 2014 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR / RESTORATION [NOT USED] 10 3.6 RE -INSTALLATION [NOT USED] 11 3.7 FIELD [OR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non -Conforming Work 15 1. Reject all products or equipment that are damaged, used or in any other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105096 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105096 Revised April 7, 2014 017000-1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of SECTION 0170 00 MOBILIZATION AND REMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised April 7, 2014 CPN 105096 017000-2 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 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Specified Remobilization" in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised April 7, 2014 CPN 105096 017000-3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised April 7, 2014 CPN 105096 0170 00 - 4 DAP MOBILIZATION AND REMOBILIZATION 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] DATE 4/7/2014 NAME M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application Page 4 of 4 CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana EQR1WhlW96hoo1 Revised April 7, 2014 CPN 105096 017123-1 CONSTRUCTION STAKING AND SURVEY Page 1 of 7 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 A. Measurement and Payment 14 1. Construction Staking 15 a. Measurement 16 1) This Item is considered subsidiary to the various Items bid. 17 b. Payment 18 1) The work performed and the materials furnished in accordance with this 19 Item are subsidiary to the various Items bid and no other compensation will 20 be allowed. 21 2. Construction Survey 22 a. Measurement 23 1) This Item is considered subsidiary to the various Items bid. 24 b. Payment 25 1) The work performed and the materials furnished in accordance with this 26 Item are subsidiary to the various Items bid and no other compensation will be 27 allowed. 28 3. As -Built Survey 29 a. Measurement 30 1) This Item is considered subsidiary to the various Items bid. 31 b. Payment 32 1) The work performed and the materials furnished in accordance with this 33 Item are subsidiary to the various Items bid and no other compensation will be 34 allowed. 35 1.3 REFERENCES 36 A. Definitions 37 1. Construction Survev - The survey measurements made prior to or while 38 construction is in progress to control elevation, horizontal position, dimensions and 39 configuration of structures/improvements included in the Project Drawings. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105096 Revised February 14, 2018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 7 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 Stakina — The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings. Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. 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 20 1.4 ADMINISTRATIVE REQUIREMENTS 21 A. The Contractor's selection of a surveyor must comply with Texas Government 22 Code 2254 (qualifications based selection) for this project. 23 1.5 SUBMITTALS 24 A. Submittals, if required, shall be in accordance with Section 0133 00. 25 B. All submittals shall be received and reviewed by the City prior to delivery of work. 26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS 27 A. Field Quality Control Submittals 28 1. Documentation verifying accuracy of field engineering work, including coordinate 29 conversions if plans do not indicate grid or ground coordinates. 30 2. Submit "Cut -Sheets" conforming to the standard template provided by the City 31 (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 32 1.7 CLOSEOUT SUBMITTALS 33 B. As -built Redline Drawing Submittal 34 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of 35 constructed improvements signed and sealed by Registered Professional Land 36 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A 37 — Survey Staking Standards) . 38 2. Contractor shall submit the proposed as -built and completed redline drawing 39 submittal one (1) week prior to scheduling the project final inspection for City 40 review and comment. Revisions, if necessary, shall be made to the as -built redline 41 drawings and resubmitted to the City prior to scheduling the construction final 42 inspection. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105096 Revised February 14, 2018 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 7 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 2 1.9 QUALITY ASSURANCE 3 A. Construction Staking 4 1. Construction staking will be performed by the Contractor. 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 2. Coordination a. Contact City and Developer's Project Representative at least one week in advance notifying the City of when Construction Staking is scheduled. b. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes. If Developer's Project Representative is required to re -stake for any reason, the Contractor will be responsible for costs to perform staking. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed disturbed or omitted that the contracted Work cannot take place then the Contractor will be required to stake or re -stake the deficient areas. B. Construction Survey 1. Construction Survey will be performed by the Contractor. 2. Coordination a. Contractor to verify that horizontal and vertical control data established in the design survey and required for construction survey is available and in place. 3. General a. Construction survey will be performed in order to construct the work shown on the Construction Drawings and specified in the Contract Documents. b. For construction methods other than open cut, the Contractor shall perform construction survey and verify control data including, but not limited to, the following: 1) Verification that established benchmarks and control are accurate. 2) Use of Benchmarks to furnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Submit to the City copies of field 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. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105096 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 50 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 7 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 250 linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub -outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non -gravity facilities) at the following locations: (1) Minimum every 250 linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater — Not Applicable b. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) Water Lines a) Cathodic protection test stations b) Sampling stations c) Meter boxes/vaults (All sizes) d) Fire hydrants e) Valves (gate, butterfly, etc.) f) Air Release valves (Manhole rim and vent pipe) g) Blow off valves (Manhole rim and valve lid) h) Pressure plane valves i) Underground Vaults (1) Rim and flowline elevations and coordinates for each Underground Vault. 3) Sanitary Sewer a) Cleanouts (1) Rim and flowline elevations and coordinates for each CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105096 Revised February 14, 2018 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 7 1 b) Manholes and Junction Structures 2 (1) Rim and flowline elevations and coordinates for each 3 manhole and junction structure. 4 4) Stormwater — Not Applicable 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY 8 PART 2- PRODUCTS 9 A. A construction survey will produce, but will not be limited to: 10 1. Recovery of relevant control points, points of curvature and points of intersection. 11 2. Establish temporary horizontal and vertical control elevations (benchmarks) 12 sufficiently permanent and located in a manner to be used throughout construction. 13 3. The location of planned facilities, easements and improvements. 14 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 15 areas, utilities, streets, highways, tunnels, and other construction. 16 b. A record of revisions or corrections noted in an orderly manner for reference. 17 c. A drawing, when required by the client, indicating the horizontal and vertical 18 location of facilities, easements and improvements, as built. 19 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 20 construction staking projects. These cut sheets shall be on the standard city template 21 which can be obtained from the Survey Superintendent (817-392-7925). 22 5. Digital survey files in the following formats shall be acceptable: 23 a. AutoCAD (.dwg) 24 b. ESRI Shapefile (shp) 25 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 26 standard templates, if available) 27 6. Survey files shall include vertical and horizontal data tied to original project 28 control and benchmarks, and shall include feature descriptions 29 PART 3 - EXECUTION 30 3.1 INSTALLERS 31 A. Tolerances: 32 1. The staked location of any improvement or facility should be as accurate as 33 practical and necessary. The degree of precision required is dependent on many 34 factors all of which must remain judgmental. The tolerances listed hereafter are 35 based on generalities and, under certain circumstances, shall yield to specific 36 requirements. The surveyor shall assess any situation by review of the overall plans 37 and through consultation with responsible parties as to the need for specific 38 tolerances. 39 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 40 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 41 1.0 ft. tolerance. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105096 Revised February 14, 2018 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 7 1 b. Horizontal alignment on a structure shall be within .0.1ft tolerance. 2 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 3 walkways shall be located within the confines of the site boundaries and, 4 occasionally, along a boundary or any other restrictive line. Away from any 5 restrictive line, these facilities should be staked with an accuracy producing no 6 more than 0.05ft. tolerance from their specified locations. 7 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 8 electric lines, shall be located horizontally within their prescribed areas or 9 easements. Within assigned areas, these utilities should be staked with an 10 accuracy producing no more than 0.1 ft tolerance from a specified location. 11 e. The accuracy required for the vertical location of utilities varies widely. Many 12 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 13 should be maintained. Underground and overhead utilities on planned profile, 14 but not depending on gravity flow for performance, should not exceed 0.1 ft. 15 tolerance. 16 B. Surveying instruments shall be kept in close adjustment according to manufacturer's 17 specifications or in compliance to standards. The City reserves the right to request a 18 calibration report at any time and recommends regular maintenance schedule be 19 performed by a certified technician every 6 months. 20 1. Field measurements of angles and distances shall be done in such fashion as to 21 satisfy the closures and tolerances expressed in Part 3.1.A. 22 2. Vertical locations shall be established from a pre -established benchmark and 23 checked by closing to a different bench mark on the same datum. 24 3. Construction survey field work shall correspond to the client's plans. Irregularities 25 or conflicts found shall be reported promptly to the City. 26 4. Revisions, corrections and other pertinent data shall be logged for future reference. 27 28 3.2 EXAMINATION [NOT USED] 29 3.3 PREPARATION [NOT USED] 30 3.4 APPLICATION 31 3.5 REPAIR / RESTORATION 32 A. If the Contractor's work damages or destroys one or more of the control 33 monuments/points set by the Developer's Project Representative, the monuments shall be 34 adequately referenced for expedient restoration. 35 1. Notify City or Developer's Project Representative if any control data needs to be 36 restored or replaced due to damage caused during construction operations. 37 a. Contractor shall perform replacements and/or restorations. 38 b. The City or Developer's Project Representative may require at anytime a 39 survey "Field Check" of any monument or benchmarks that are set be verified 40 by the Developer's Project Representative before further associated work can 41 move forward. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105096 Revised February 14, 2018 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 7 1 3.6 RE -INSTALLATION [NOT USED] 2 3.7 FIELD [OR] SITE QUALITY CONTROL 3 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 4 Developer's Project Representative in accordance with this Specification. This includes 5 easements and right of way, if noted on the plans. 6 B. Do not change or relocate stakes or control data without approval from the City. 7 3.8 SYSTEM STARTUP 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 A. Survey Checks 1. The City reserves the right to perform a Survey Check at any time deemed necessary. 2. Checks by City personnel or 3rd party contracted surveyor are not intended to relieve the contractor of his/her responsibility for accuracy. 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105096 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105096 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105096 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 Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105096 Revised April 7, 2014 DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105096 Revised April 7, 2014 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0177 19 CLOSEOUT REQUIREMENTS 017719-1 DAP CLOSEOUT REQUIREMENTS Pagel of 3 5 A. Section Includes: 6 1. The procedure for closing out a contract 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 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105096 Revised April 7, 2014 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 0178 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning, provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection, the City will notify the Contractor, in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City, that the required Work has been completed. Upon receipt 26 of this notice, the City, in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include, but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105096 Revised April 7, 2014 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 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) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application CITY OF FORT WORTH Ventana Elementary School STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105096 Revised April 7, 2014 017823-1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 SECTION 0178 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised April 7, 2014 CPN 105096 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 Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised April 7, 2014 CPN 105096 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 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised April 7, 2014 CPN 105096 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 £ 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised April 7, 2014 CPN 105096 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA 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] DATE NAME 8/31/2012 D. Johnson 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE 1.5.A.1 — title of section removed Revised for DAP Application Page 5 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised April 7, 2014 CPN 105096 SECTION 0178 39 PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 017839-1 DAP PROJECT RECORD DOCUMENTS Pagel of4 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised April 7, 2014 CPN 105096 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised April 7, 2014 CPN 105096 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised April 7, 2014 CPN 105096 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] DATE 4/7/2014 NAME M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP Application CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ventana Elementary School Revised April 7, 2014 CPN 105096 CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 05/16/2024 9/9/2022 03 3000 Mix Design American Concrete Company, 9/9/2022 03 3000 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 3000 Mix Design Big Town Concrete 9/9/2022 03 30 00 Mix Design Bronco Texas 9/9/2022 03 30 00 Mix Design Bronco Texas 9/9/2022 03 30 00 Mix Design Bunco Texas 9/9/2022 03 30 00 Mix Design Bunco Texas 9/9/2022 03 30 00 Mix Design Bunco Texas 9/9/2022 03 30 00 Mix Design Bunco Texas 9/9/2022 03 3000 Mix Design Bunco Texas 9/9/2022 03 3000 Mix Design Bunco Texas 9/9/2022 03 30 00 Mix Design Bunco Texas 9/9/2022 03 30 00 Mix Design Bunco Texas 1/8/2024 03 30 00 Mix Design Bunco Texas 4/1/2024 03 30 00 .is Design Bunco Texas 4/1/2024 03 30 00 Mix Design Bronco Texas 4/1/2024 03 3000 Mix Design Bunco Texas 4/l/2024 03 30 00 mix Design Bunco Texas 4/l/2024 03 30 00 Mix Design Bpmco Texas 4/l/2023 0334 16 Mix Design Bronco Texas 9/92022 03 30 00 Mix Design Carder Concrete 9/92022 03 30 00 Mix Design Carder Concrete 9/92022 03 30 00 Mix Design Carder Concrete 9/9/2022 03 30 00 Mix Design Carder Concrete 9/9/2022 03 30 00 Mix Design Carder Concrete 9/9/2022 03 30 00 Mix Design Cruder Concrete 9/9/2022 03 30 00 Mix Design Carder Concrete 9/9/2022 03 30 00 Mix Design Carder Concrete 9/9/2022 03 30 00 Mix Design Charleys Concrete 9/9/2022 03 30 00 Mix Design Charleys Concrete 9/9/2022 03 30 00 Mix Design Charleys Concrete 9/9/2022 03 30 00 Mix Design Charleys Concrete 9/9/2022 03 30 00 Mix Design Charleys Concrete 9/9/2022 03 30 00 Mix Dow Charleys Concrete 9/9/2022 03 30 00 Mix Design Charleys Concrete 9/9/2022 03 30 00 Mix Design Charleys Concrete 9/9/2022 03 3000 Mix Design Charleys Concrete 9/9/2022 03 30 00 Mix Design Charleys Concrete 9/9/2022 03 30 00 Mix Design Charleys Concrete 9/9/2022 03 30 00 Mix Design Charleys Concrete 9/9/2022 03 30 00 Mix Design Chishohn Trail Redi Mu 9/9/2022 03 30 00 Mix Design City Concrete Company 30CAF029 3000 psi Concrete for Sidewalks & ADA Ramps O1JAF382 1000 psi Concrete Base Material for Trench Repair 40CNF065 4000 psi Concrete for Manholes & Utility Structures 45CAF076 4500 psi Concrete for Hand Placed Paying D10000001737 4500 psi Concrete for Hand Placed Paying D10000001791 4500 psi Concrete for Hand Placed Paying D10000001793 4500 psi Concrete for Hand Placed Paying D10000001 t03 4500 psi Concrete for Hand Placed Paying DIOOO0002 t07 4500 psi Concrete for Hand Placed Paying D10000001273 4500 psi Concrete for Hand Placed Paying D10000001617 3600 psi Concrete for Machine Placed Paving D10000008381 4500 psi Concrete for BES Paving D10000009857 50 psi Flowable Fill - CLSM D1O000001055 3000 psi Concrete for Inlets, Junction Boxes, Manholes, Chapel Liners, Sidewalks, Driveways, Curb & Gutter D1O000010435 3000 psi Concrete for Sidewalks, Curbs D10000015655 3000 psi Concrete an Curbs, Curb & Gutters, Sidewalks, Driveways, ADA Ramps D1000001615 3600 psi Concrete an Inlets, Boxes, Encasement, Blocking D10000001061 3600 psi Concrete for Inlets, Boxes, Encasement, Blocking D100000010835 4000 psi Concrete for Valve Pads, Inlets, Structures, Headwalls, Thrust Blocking D10000001083 4000 psi Concrete for Valve Pads, Inlets, Structures, Headwalls, Thrust Blocking D10000001685 4000 psi Concrete for Valve Pads DIOO00005751 750 Psi Concrete Base for Trench Repair DIOOO0001681 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 Paying, Storm Structures 40U553BG 4000 psi Concrete Mix for Machine Placed Paving 55U120AG 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 Blacking, Encasement, Curb Inlets, Junction Boxes, Fire Hydrant Pads, Driveways, Curb & Gutters, Sidewalks, ADA Ramps 40U500BG 4000 psi Concrete Mix fm Storm Drain Structures, Driveways, Screen Walls, Collars 36U500BG 3600 psi Concrete Mu fin Llghti9 and Traffic Signal Fomdations 0BY450BA 800 psi Concrete Mix for Base fm�rench Repair DlY690BF 100 psi Concrete Mix for Flowable Fill 36U502BG / 5.74 Sacks / 3,600 fsi Concrete Mu for Lighting & Traffic Signal Foundations 35U500BG 3500psi Concrete Mu f Crosswalks 30U500BG 3000psi Concrete Mu f Sidewalks 09Y450BA Grout OIY690BF 100 ��jj i Concrete Mix to' Flowable Fill lIU120AG 450ilpsi Concret Mix for 1lg�Early Strength 3000psina, 3 days IOYH50BF 1000 psi Concrete Base Material f Trench Repair FWCC602021 4500 psi concrete fin Hand Placed Paving FWCC552091 3600 psi fr Machine Placed Paving FWCC602091 3600 psi far 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 fin Sidewalks, Driveways, Ramps, Crib & Gutter FWCC502001 3000 psi for Sidewalks, Driveways, Ramps, Curb & Gutter, Flatwork 4142 3600 psi Concrete an Curb Inlets, Junction Boxes 4518 4000 psi Concrete for Headwalls, Wingwals 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 f Sidewalks 3759 3000 psi Concrete Mix f Sidewalks 1502 150 phi Cwcrete f Flowable Fill-CLSM 1518 150 Psi Concrete for Flowable Fill-CLSM 5642 4000 psi Concrete fin Storm Drain Structures 6595 5000 psi Concrete Mix for Early Strength Paving 6589 4500 1 Concrete Mix for arly Strength Paving C13020AE �i000 prsi Concrete for Driveways, Curb & Gutter 11-350-FF 50-15 psi Concrete for Flowable Fill-CLSM CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 05/16/2024 Cooerefe(Connnued) 9/9/2022 03 3000 Mix Design City Concrete Company 30HA251I 3000 psi Concrete for Rip -Rap 9/9/2022 03 3000 Mix Design City Concrete Company 30HA201I 3000 psi Concrete Mix for Blacking, Sidewalks, Flatwork, Pads 9/9/2022 03 30 00 Mix Design City Concrete Company 45NG25➢ 3600 psi Concrete Mix for Drilled Shafts/Lighting and Traffic Signal Foundations 9/9/2022 03 30 00 Mix Design City Concrete Company 50QG251[ 3600 psi Slurry Displaced Drilled Shaft 9/9/2022 03 30 00 Mix Design City Concrete Company 45NA201I4500 pat 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 36JAOOI13600 psi Concrete Mix for Machine Placed Paying 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 De iga City Concrete Company CLNG2511 3600 psi Concrete for Drilled Shaft/Lighting and Traffic Signal Foundations 5/5/2023 03 30 00 Mix D.um City Concrete Company CCNA25OAG 3600 psi Concrete for Drilled ShaOsLighting 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 Reda Mix 250 3000 psi Concrete Mix for Sidewalks, Driveways, ADA Ramps 9/9/2022 03 30 00 Mix Design Cow Town Reda Mix 350 3000 psi Concrete Mix for Sidewalks, Driveways, ADA Ramps 9/9/2022 0334 13 Mix D-go Cow Town Reda Mix 9 70 psi Flowable Fill - CLSM 9/9/2022 0334 13 Mix Design Cow Town Reda Mix 9-5-2 70 psi Flowable Fill - CLSM 9/9/2022 0334 13 Ma Deama Cow Town Reda Mix 220-8 50 psi Concrete Mix for Flowable Fill - CLSM 9/9/2022 0334 13 Mix Design Cow Town Reda Mix 320-8 50 psi Concrete Mix for Flowable Fill - CLSM 9/9/2022 03 30 00 Mix Design Cow Town Reda Mix 230-8 750 psi Concrete Base Material for Trench Repair 9/9/2022 03 30 00 Mix Design Cow Town Reda Mix 330-58 750 psi Concrete Base Material for Trench Reparr 9/9/2022 03 30 00 Mix Design Cow Town Redr 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 Redr Mix 253-W 3000 psi Concrete Mix Sidewalks, ADA Ramps, Driveways, Curb & Gutter, Safety End Treatments, Non-TXDOT Retaning Walls 9/9/2022 03 30 00 Mix Design Cow Town Redr Mix 260 4000 psi Concrete Mix for Bridge Slabs, Box Culverts, Headwalls 9/9/2022 03 30 00 Mix Design Cow Town Redr Mix 260-1 3600 psi Concrete Mix for Headwalls 9/9/2022 03 30 00 Mix Design Cow Town Redr 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 Redr Mix 370-NC 4500 psi Concrete for HES Paving 9/9/2022 03 30 00 Mix Design Cow Town Redr Mix 370-lNC 5000 psi Concrete for HES Paving 9/9/2022 03 30 00 Mix Design Cow Town Redr Mix 375-NC 5000 psi Concrete for HES Paving 9/9/2022 03 30 00 Mix Design Cow Town Redr Mix 267 4200 psi Concrete Mix for Manholes and Drainage Structures 9/9/2022 03 30 00 Mix Design Cow Town Redr Mix 270 5000 psi Concrete Mix for Cast -in -Place Box Culverts 9/9/2022 03 30 00 Mix Design Cow Town Reda Mix 370 5000 psi Concrete Mix for Cast -in -Place Box Culverts 9/9/2022 03 30 00 Mix Design Cow Town Redr Mrx 255-2 3000 psi Concrete Mix for (Nets, Thrust Blocking, Concrete Encasement 9/9/2022 03 30 00 Mix Design Cow Town Redr Mix 257 3600 psi Concrete max for Valley Gutters 11/14/2022 32 13 13 Mix Design Cow Town Reda Mix 357-M 3600 psi Concrete Mix for Machine Placed Paving 9/9/2022 33 13 13 Mix Design Cow Town Reda Mix 257-M 3600 psi Concrete Mix for Machine Placed Paving 9/9/2022 3413 13 Mix Design Cow Town Reda Mix 260-M 4000 psi Concrete Mix for Machine Placed Paving 9/9/2022 35 13 13 Mix Design Cow Town Reda Mix 360-M 4000 psi Concrete Mix for Machine Placed Paving 9/9/2022 03 30 00 Mix Design Cow Town Redr Mix 255-LP 3000 psi Concrete Mix for Curb & Gutter 9/9/2022 03 30 00 Mix Design Cow Town Reda Mix 355-LP 3000 psi Concrete Mix for Curb & Gutter 9/9/2022 03 30 00 Mix Design Cow Town Reda Mix 255 3500 psi Concrete Mix for Flotwork, Inlets, Thrust Blocking Concrete Encasement 9/9/2022 03 30 00 Mix Design Cow Town Reda Mix 355 3000 psi Concrete Mix for Inlets, Thrust Blocking, Concrete Encasement 9/9/2022 03 30 00 Mix Design Cow Town Redr Mix 365-STX 4000 psi Concrete for Bridge slabs, top slabs of direct traffic culverts, approach slabs-TXDOT Class S-No Fly Ash 9/9/2022 03 30 00 Mix Design Cow Town Redr Mix 357 3600 psi Concrete Mix for Valley Gutters 5/l/2024 03 30 00 Mix Design Cow Town Redr Mix 360-2DS 3600psi Concrete Mix for TXDOT Class C Drilled Shafts 6/21/2023 03 30 00 Mix Design Cow Town Redr Mix 360-DS 3600 psi Concrete for Drilled Shaft/Lighting and Traffic Signal Foundation 1/18/2023 03 30 00 Mix Design Cow Town Redr Mix 380-NC 4500 psi Concrete for HES Paying 1/29/2024 34 13 13 Mix Design Estrada Ready Mix 4575AESC / 7.50 Sacks / 4,500 psi (3,000 psi @ 3-day) Concrete for HES Paying 1/29/2024 03 30 00 Mix Design Estrada Ready Mix R3050AEWR / 5.00 Sacks / 3,000 psi Concrete for Sidewalks, Ramps, Inlets, and Manholes 1/29/2024 03 30 00 Mix Design Estrada Ready Mix R3655AEWR / 5.50 Sacks / 3,600 psi Concrete for Headwalls, Wingwalls, and Culverts 1/29/2024 03 30 00 Mix Design Estrada Ready Mix R4060AEWR / 6.00 Sacks / 4,000 psi CQQperete for B gQQ Slabs, Top Slabs, and Approach Slabs 2/6/2024 32 13 13 mix Design Estrada Ready Mix ac6 TD3655AEWR / 5.50 Sacks / 3,600 psi i, ner( for me Placed Paving 1/29/2024 32 13 13 Mix Design Estrada Ready Mix R4560AEWR/ 6.00 Sacks / 4,500 psi Concrete for Hand Placed Paving 2/21/2024 03 30 00 Mix Design Estrada Ready Mix R36575AEWR / 5.76 Sacks / 3,600 psi Concrete for Drilled Shafts/Lighting and Traffic Signal Foundations 9/9/2022 03 30 00 Mix Design GCH Concrete Services GCH4000 4000 psi Concrete for for Sidewalks, Ramps, Headwalls, Inlets, and Storm Dram Structures 9/9/2022 03 30 00 Mix Design GCH Concrete Services GCHVS 4000 psi Concrete for Machine Placed Paving 9/9/2022 03 30 00 Mix Design GCH Concrete Services GCH4500 4500 psi Concrete Hand Placed Paying 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-161UV5DM 4500 psi Concrete for Hand Placed Paving 9/9/2022 03 30 00 Mix Design higram Concrete & Aggregates 2MWR- I OMQS50N 4500 psi Concrete for Hand Placed Paving 9/9/2022 03 30 00 Mix Design higram Concrete & Aggregates 16IPS5EM 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 CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 05/16/2024 Cooere4e(Con inued) 4/7/2023 03 3000 mix Design Ingram Concrete & Aggregates 1OLQS50N 3,600 psi Concrete for Drilled Shafts/Lighting and Traffic Signal Foundations 9/9/2022 03 3000 Mix Design Ingram Concrete & Aggregates 161PS5EM 4500 psi Concrete Mix for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Holcrm - SOR, Inc. 5177 3000 psi Concrete Mix for Sidewalks 9/9/2022 03 30 00 Mix Design Holcrm - SOR, Ina 1261 3000 psi Concrete Mix for Sidewalks 9/9/2022 4 30 00 Mix Design Holcrm - SOR, Ina 2125 4500 psi Concrete for HES Paving 9/9/2022 03 30 00 Mix Design Holcrm - SOR, Ina 1701 4000 psi Concrete Mix for Storm Dram Structures, Sanitary Sewer Manholes, Junction Box 9/9/2022 03 30 00 Mix Design Holcrm - SOR, Inc. 5409 4000 psi Concrete Mix for Sidewalks, Inlets 9/9/2022 03 30 00 Mix Design Holcrm - SOR, Inc. 5507 4500 psi Concrete Mix for Hand Placed Paving 12/15/2022 3 30 00 Mix Design Holcrm - SOR, hie. 3741 100 psi concrete for flowable fill/CSLM 9/9/2022 04 30 00 Mix Design Holcrm - SOR, hie. 5017 200 psi Concrete for Base Material for Trench Repair 9/9/2022 03 30 00 Mix Design Holcrm - SOR, hie. 9600 3600 psi Concrete for Drill Shafts/Lighting and Traffic Signal Foundations 9/9/2022 03 30 00 Mix Design Holcrm - SOR, hie. 1851 4500 psi Concrete for Storm Drain Structures, Hand Placed Paving 12/5/2022 4 30 00 Mix Design Holcrm - SOR, hie. 1822 3600 psi Concrete for Drilled Shafts/Lighting and Traffic Signal Foundations 4/2/2024 3 30 00 Mix Design Holcrm - SOR, Inc. 5940 3600psi Concrete for Machine Placement 9/9/2022 03 30 00 Mix Design Holcrm - SOR, Inc. 1859 4000 psi Concrete for Drilled Shafts/Lighting and Traffic Signal Foundations 4/2/2024 03 30 00 MixDesign Holcrm - SOR, Inc. 5940-1 4000psi Concrete f Hand Placement 9/9/2022 03 30 00 Mix Design Holcrm - SOR, hie. 1551 3000 psi Concrete Mix for Blocking 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 Remaining 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 C45IDHR-A 4500psr 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, Blacking & Encasement 9/9/2022 03 30 00 Mix Design Martin Manetta FLOW25A 50 psi Concrete for Flowable Fi1VCLSM 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 Manetta 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 3213 13 Mix Design Martin Marietta Q2141K30 4,000 psi Concrete for Machine Placed Paving 11/2/2022 3213 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 R2146P36 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, Wets, Manholes, Headwalls 11/2/2022 32 13 13 Mix Design Martin Marietta R2146K34 4,000 psi Concrete for Wets, Manholes, Headwalls 11/2/2022 32 13 13 Mix Design Martin Marietta R214IN24 4,000 psi Concrete for Sidewalks and Ramps 11/2/2022 32 13 13 Mix Design Martin Marietta R214IK24 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 Drum 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 4/1/2023 32 1320 Mix Design Martin Marietta R2136N14 / 5.00 sacks / 3,000 psi concrete for Sidewalks 4/1/2023 03 30 00 Mix Design Martin Marietta R2146P33 / 6.01 sacks / 4,000 psi concrete for Bridge Deck 4/1/2023 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 Matra Marietta R2161K70 6,000 psi (3,000 psi (o, 24 his.) for HIS 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 Ma Design Martin Marietta R2146K37/6.22 sack / 4,500 psi Concrete for Hand Placed Paving 4/1/2023 03 30 00 Mix Design Martin Marietta R2141030 4,000 psi Concrete f Ripmp CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 05/16/2024 Cooerete(Con inued) 5/3/2023 03 3000 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 Design 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 Design Martin Marietta U2146R41 / 6.44 sacks / 4,500 psi Concrete for Drilled Piers/Light Pole bases. 8/4/2023 03 30 00 Mix Design Martin Marietta R2136R14 / 5.00 sacks / 3,500 psi Concrete for Sidewalks and Ramps 8/4/2023 32 1320 Mix Design Martin Marietta R2141R24 / 5.53 / 4,000 psi Concrete for location Box, Box Culvert, Sidewalks and Ramps. 8/4/2023 03 30 00 Mix Design Martin Marietta R2146R35 / 6.11 / 4,500 psi Concrete for Inlets, Manholes, and Headwalls 8/4/2023 32 13 13 Mix Design Martin Marietta R2146R36 / 6.17 / 4,500 psi Concrete for Hand Placed Paying 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 Design Martin Marietta Q2141R27 / 5.69 sacks / 4,000 psi Concrete for Machine Placed Paying 11/20/2023 03 30 00 Mix Design Martin Marietta R2146R33 / 6.01 Sacks / 4,000 psi Concrete Mix for CIP Sewer Manholes 11/20/2023 03 30 00 Mix Design Martin Marietta R2146K33 / 6.01 Sacks / 4,000 psi Concrete Mix far CIP Sewer Manholes. 12/22/2023 32 13 13 Mix Design Martin Marietta R2146R44 / 6.60 Sacks / 4,500 psi Concrete Mix for Hand Placed Paving 12/22/2023 32 13 13 MixDesign Martin Marietta R2146K44 / 6.60 Sacks / 4,500 psi Concrete Mix f Hand Placed Paying 9/9/2022 32 13 20 Mix Design NCS Reds Mix NCS5020A 3000 psi Concrete Mix for Curb & Gutter, Driveways, Sidewalk 9/9/2022 03 30 00 Mix Design NBR Ready Mix TX C-YY 3000 psi Concrete Mix I Curb Inlets 9/9/2022 03 30 00 Mix Design NBR Ready Mix TX C-NY 3000 psi Concrete Mix f Curb Inlets 9/12/2023 03 30 00 Mix Design NBR Ready Mix CLS Pl-YY / 6.00 Sack / 4,000 psi Concrete for Collins, Manholes, Box Culverts 10/4/2023 03 30 00 Mix Design NBR Ready Mix CLS A-YY / 5.00 Sack / 3,000 psi Concrete for Sidewalks & Ramps, and Curb & Gutter 10/4/2023 03 30 00 Mix Design NBR Ready Mix CLS A -NY/ 5.00 Sack / 3,000 psi Concrete for Sidewalks & Ramps, and Curb & Gutter 10/4/2023 32 13 13 Mix Design NBR Ready Mix TX C SF-YY / 5.50 Sack / 3,600 psi Concrete for Machine Placed Paying 10/4/2023 32 13 13 Mix Design NBR Ready Mix TX C SF -NY 5.50 Sack / 3,600 psi Concrete for Machine Placed Pavmg 10/4/2023 32 13 13 Mix Design NBR Ready Mix CLS P2-YY / 6.50 Sack / 4,500 psi Concrete for Hand Placed Paying 10/4/2023 32 13 13 Mix Design NBR Ready Mix CLS P2-NY / 6.50 Sack / 4,500 psi Cornm a for Hand Placed Paving 10/4/2023 0334 13 Mix Design NBR Ready Mix FTW FLOW FILL / 150 psi concrete for Plowable 4/15/2024 03 3000 Mix Design NBR Ready Mix TX S-NY / 5.50 Sack / 4000psi Concrete Mix for Class S Slab Paying - No Fly Ash 4/15/2024 03 30 00 Mix Design NBR Ready Mix TX S-YY / 4.50 Sacks / 4000psi Concrete Mix for Class S Slab Paying 10/4/2023 32 1320 Mix Design NBR Ready Mix TX E-NY / 470 Sack / 3000psi Concrete for Sidewalks, Thrust, Curbs, CIP 4/15/2024 03 30 00 Mix Design NBR Ready Mix F0020022 / 2.5 Sack / 150pst Concrete for Flow Fill 7/10/2023 03 30 00 Mix Desgg Osbum 30A50MR / 5 SK / 3,000 psi Concrete for Sidewalk 7/10/2023 32 13 13 Mix Design Osburn 45A60MR / 6 SK / 4,500 psi Concrete for Hand Placed Paying 1/24/2023 03 30 00 Mix Design Rapid Redi Mix RRM6320ABP 4500 psi Concrete for Hand Placed Paying 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 far Curb & Gutter 9/9/2022 03 34 13 Mix Design Redi-Mix FOC10021 215 psi Flowable Fill - CLSM 9/9/2022 03 30 00 Mix Design Redi-Mix l OJ11524 3000 psi Concrete Mix for Driveways, Sidewalks, ADA Ramps 9/9/2022 03 30 00 Mix Design Redi-Mix l OJ11504 3000 psi Concrete Mix for Sidewalks 9/9/2022 03 30 00 Mix Design Redi-Mix 1 OL11504 / 6.00 Sack / 4,000 psi Concrete Mix for Sidewalks, Curb & Gutter, Sewer Manhole, Inlets, & Junction Boxes 9/9/2022 03 30 00 Mix Design Redi-Mix IOL11524 / 6.00 Sack / 4,000 psi Concrete Mix Manholes, Inlets, Junction Boxes, Headwalls 9/9/2022 03 30 00 Mix Design Redi-Mix IRJ11524 3500 psi Concrete Mix for Thrust Block, 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-m-Place Storm Drum Structures 9/9/2022 03 30 00 Mix Design Redi-Mix IOL115E4 3600 psi Concrete Mix for Bridge substitictures 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 FOD138 VM 100 psi Flowable Fill - CLSM 9/9/2022 0334 13 Mix Design Redi-Mix I OR 1554 3000 psi Concrete Mix for Rip -Rap 9/9/2022 03 30 00 Mix Design Redi-Mix POG138K9 1000 psi Concrete Mix f Trench Repair Base Material 9/9/2022 03 3000 Mix Design Redi-Mix 1 OKI 1524 3600 psi Concrete Mix for Encasement 9/9/2022 03 30 00 Mix Design Redi-Mix 1 OKI 1507 4500 psi (2600 psi to, 24 his.) Concrete Mix for HES Paving 9/9/2022 03 30 00 Mix Design Redi-Mix 1 OKI 1504 5000 psi (3600 psi to, 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 1OMI 15D4 4500 psi Concrete Mix for Hand Placed Paying, Storm Dram Structures 9/9/2022 03 30 00 Mix Design Redi-Mix 1OM11524 4500 psi Concrete Mix for Hand Placed Paying 9/9/2022 03 30 00 Mix Design Redi-Mix 1OM11504 4500 psi Concrete Mix for Hand Placed Paying 9/9/2022 03 30 00 Mix Design Redi-Mix 145CD5P4 4500 psi Concrete Mix for Hand Placed Paving, Storm Drain Smartmes 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 Block, Valve Pads 12/5/2022 03 30 00 Mix Design Redi-Mix 156115C4 4000 psi Concrete for COP Storm Dram Structures 12/5/2022 03 30 00 Mix Design Redi-Mix 1 OL115C4 3600 psi Concrete for Manhole, htlet, Junction Box, Headwall 5/15/2023 03 30 00 Mix Design Redi-Mix 80LI 15D5 3600 psi Concrete for Drilled Shafts/Lighting and Traffic Signal Foundations 5/15/2023 03 30 00 Mix Design Redi-Mix ION115136 Slurry Displacement Shafts, Underwater Drilled shafts 9/9/2022 0334 13 Mix Design SRM Concrete 30000 3,000 psi Concrete for Sidewalk and Ramps, Curb & Gutter 9/9/2022 0334 13 Mix Design SRM Concrete 40050 4,000 psi Concrete far Headwalls, Retaining Wall, Collars 9/9/2022 03 30 00 Mix Design SRM Concrete 35023 3,600 psi Concrete f Machine Placed Paving 9/9/2022 03 30 00 Mix Design SRM Concrete 40068 3,600 psi Concrete for Machine Placed Paving CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 05/16/2024 Cr—a'(Con inued) 9/9/2022 03 3000 Mix Design SRM Concrete 45300 4,500 psi Concrete for Hand Placed Paying 9/9/2022 03 3000 Mix Design SRM Concrete 45000 4,500 psi Concrete for Hand Placed Paying 9/9/2022 03 30 00 Mix Design SRM Concrete 40326 4,500 (3,00 @ 3-days) psi Concrete for HES Paving 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 pat Concrete for Hand Placed Paying 4/l/2024 03 30 00 Mix Design SRM Concrete 906 400psi Concrete for Flowable Fill 4/l/2024 03 30 00 Mix Design SRM Concrete 904 150pat Concrete for CLSM Trench Repair 4/l/2024 03 30 00 Mix Design SRM Concrete 910 150pst Concrete for CLSM 4/l/2024 03 30 00 Mix Design SRM Concrete 45050 4500psi Concrete 5/5/2023 03 30 00 Mix Design SRM Concrete D100008553CB 4,000 psi Concrete for Bdudge Approach Slab, Deck Slab 9/9/2022 03 30 00 Mix Design Tarrant Concrete FW60ABP 4500 psi Concrete Mix for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Tarrant Concrete FW6020ABP 4500 psi Concrete Mix for Hand Placed Paving 9/9/2022 03 30 00 Mix Design Tarrant Concrete TCFW6020AEP 4500 psi Concrete Mix for Hand Placed Paying 9/9/2022 03 30 00 MixDesign Tarrant Concrete FW7520AMR 4500 (3000 psi 3-days) psi Concrete HES Paying 9/9/2022 03 30 00 Mix Design Tarrant Concrete FW6520AMR 4500 (3000 psi (07, 3-days) psi HES Paying 9/9/2022 03 30 00 Mix Design Tarrant Concrete FW5520AMP 3600 psi Concrete for Machine Placed Paving 9/9/2022 03 30 00 Mix Design Tarrant Concrete FW5320A 3000 psi Concrete Mix for Blocking 9/9/2022 0334 13 Mix Design Tarrant Concrete l WFF150CLSM 50-150 psi plowable Fill - CLSM 9/9/2022 0334 13 Mix Design Tarrant Concrete FWFF275 50-150 psi plowable Fdl - CLSM 9/9/2022 03 30 00 Mix Design Tarrant Concrete FW6020A2 4000 psi Concrete Mix for Stotm Dram Structures 10/10/2022 03 30 00 Mix Design Tarrant Concrete TCFW6025A2 4000 psi Concrete for Manholes 10/10/2022 03 30 00 Mix Design Tarrant Concrete TCFW5020A 3000 psi Concrete for Sidewalks 9/9/2022 03 30 00 Mix Design Tarrant Concrete FW5025A 3000 psi Concrete Mix for Curb & Gutter, Driveways, Sidewalks, ADA Ramps 9/9/2022 03 30 00 Mix Design Titan Ready Mix 3020AE 3000 psi Concrete for Sidewalks 9/9/2022 03 30 00 Mix Design Tarrant Concrete CP5020A 3000 psi Concrete Mix for Curb and Gutter 9/9/2022 03 30 00 Mix Design Tarrant Concrete FW5525A2 3600 psi Concrete Mix for Sidewalks, Drive Approaches, ADA Ramp 9/9/2022 03 30 00 Mix Design Titan Ready Mix TRC4520 4500 psi Concrete for Hand Placed Paving 9/9/2022 03 30 00 Mix Design True Grit Redi Mix 0250.230 3000 psi Concrete Mix for Flatwork, Curb & Gutter, Driveways, Sidewalks, ADA Ramps 9/9/2022 03 30 00 Mix Design True Grit Redi Mix 270.230 5000 psi Concrete for Hand Placed Paying 9/9/2022 03 30 00 Mix Design True Grit Redi Mix 0250.2301 3000 psi Conner Mix for Curb & Gutter, Driveways, Sidewalks, ADA Ramps 9/9/2022 03 30 00 Mix Design True Grit Redt Mix 0260.2302 4000 psi Concrete Mix for Machine Placed Paying 9/9/2022 03 30 00 Mix Design True Grit Redt Mix 0255.2301 3600 psi Concrete Mix for Machine Placed Paying 9/9/2022 03 30 00 Mix Design True Grit Redt Mix 0260.2301 4500 psi Concrete Mix for Hand Placed Paving 9/9/2022 03 30 00 Mix Design True Grit Redt Mix 0265.2301 4500 psi Concrete Mix for Valley Gutters, Hand Placed Paving 11/30/2023 32 13 13 Mix Design Wildcatter Redi-Ma 3620AI / 6.00 Sacks / 3,600 psi Concrete Mix for Machine Placed Paving 11/20/2023 32 13 13 Mix Design Wildcatter Redi-Ma 4520AI / 6.50 Sacks / 4,500 psi Concrete Mix for Hand Placed paving 11/20/2023 03 30 00 Mix Design Wildcatter Redi-Ma 3020AI / 5.00 Sacks / 3,000 psi Concrete Mix for and Inlets 4/l/2024 033000 Mix Design Wildcatter Redi-Mix QSi{d(ewaplkks e Mix to F 517 Sacks 11/30/2023 03 30 00 Mix Design Wildcatter Redt-Ma 4020AI / 6.00 Sacks / 4,000 psi Concrret Mix for 3�idewalks anri (ir)ets 9/9/2022 03 30 00 Mix Design Wise Redi Mix 3678 3600 psi Concrete Mix for Lighting and Traffic Signal Foundations A4Qp�lt Pavi`E 9/9/2022 32 12 16 Ma Design Austin Asphalt FT5D137965 PG64-22 Two D Fine Surface 9/9/2022 32 12 16 Mix Design Austin Asphalt DA513135965 PG64-22 Type D Fine Surface 9/9/2022 32 12 16 Mix Design Austin Asphalt FT5B117965 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Austin Asphalt FTIBI39965 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Austin Asphalt FT1B117.2 PG64-22 Type B Fine Base 5/l/2024 32 12 16 Mix Design Reynolds Asphalt 340-DG-B PG64-22 Type B Base Course 9/9/2022 32 12 16 Mix Design Reynolds Asphalt 1901D PG64-22 Type D Fine Surface 9/9/2022 32 12 16 Mix Design Reynolds Asphalt 1112B PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Reynolds Asphalt 1612B PG64-22 Type B Fine Base 11/20/2023 32 12 16 Mix Design Reynolds Asphalt 21OLD PG64-22 Type D Fine Surface 9/9/2022 32 12 16 Mix Design Surmount Paying 341DV6422 PG64-22 Type D Fine Surface 11/26/2022 32 12 16 Mix Design Surmount Paying 340DV6422 PG64-22 Type D Time Surface 12/5/2022 33 12 16 Mix Design Surmount Paying 3076BV6422 PG62-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Surmount Paying 34 1 -BRAP6422ERG PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 37-211305-20 PG64-22 Type B Time Base 9/9/2022 32 12 16 Mix Design TXBIT 44-211305-17 PG64-22 Type B Time Base 9/9/2022 3212 16 Mix Design TXBIT 211305 (1757) PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 222475 (1857) PG64-22 Type D Time Surf 9/9/2022 32 12 16 MrxDesign TXBIT 29-222475-19 PG64-22 Type D Fme Surf 9/9/2022 32 12 16 Mix Design TXB1T 1-222475-20 PG64-22 Type D Fme Surf 9/9/2022 32 12 16 Mix Design TXBIT 64-224125-18 PG70-22 Type D Fme Surf 9/9/2022 32 12 16 Mix Design TXBIT 12-222475-19 PG64-22 Type D Fme Surf 4/1/2024 lit 12 16 Mix Design YkBIT 344 MAC-SP-D 70-22YR SAC A-R Type D Fine Surface Detectable W����q� Surface 9/9/2022 321320 DWS-Pavers Pine Hall Brick (Winston Salem, NC) Tactile Pavers 9/9/2022 321320 DWS-Pavers Western Brick Co. (Houston, TX) Detectable Warning Pavers 9/9/2022 321320 DWS-Composite Engineered Plastics, Inc.(Williamsville, Armor Tile 9/9/2022 32 1320 DWS - Composite ADA Solutions (Wilmington, MA) Heritage Brick CIP Composite Paver 4/7/2023 321320 DWS-Pavers ADA Solutions( Wilmington, MA) Detectable Warning Pavers CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 05/16/2024 Silicone Joint Sealant 9/9/2022 32 13 73 Joint Sealant Dow 890SL - Cold Applied, Single Component, SiIrene Joint Sealant FTM D1193 9/9/2022 32 13 73 joint Sealant Tremco go -Cold Applied, Single Component, Silicone Joint Sealant TMD5893 9/9/2022 32 1373 joint Sealant Pecora 300SL - Cold Applied, Single Component, Silicone Joint Sealant TMD5893 9/9/2022 32 13 73 Joint Sealant Crafco RoadBaver SilicweCold Applied, Single Component, Silicone Joint Sealant TM D5893 Utili�% Trench Embedment Sand 9/9/2022 133 US 10 1 Embedment Sand Silver CreekMatedals Utility Embedment Sand ASTM C33 9/9/2022 13305 10 Embedment Sand Crouch Materials Utility Embedment Sand ASTM C33 9/9/2022 13305 10 Embedment Sand F and L Dirt Movers Utility Embedment Sand ASTM C33 9/9/2022 33 OS 10 Embedment Sand F and L Dirt Movers Utility Embedment Sand ASTM C33 9/9/2022 33 05 10 Embedment Sand Ti. Top Martin Mariana Utility Embedment Sand ASTM C33 Storm Sewer - Manholes & Bases/Frames & Covers/Staodard (Round) 33-05-13 9/28/2018 33 05 13 Manhole Frames "rd Covers AccuCast (Gowvl Steel Comp.W, LTD) MHRC #220605 (Size **24" Dia) ASTM A48 AASHTO M306 912.018 33 05 13 Manhole Cover Neenah Foundry NF-1274-T91 (Size - 32" Dia.) ASTM A48 AASBTO M306 9/28/2018 33 05 13 Manhole Fames and Covers Neenah Foundry NF-1743-LM (Hinged) (Size - 32" Dia.) ASTM A48 AASBTO M306 9/28/2018 3305 13 Manhole Fame Neenah Foundry NF-1930-30 (Size - 32.25" Dia.) ASTM A48 AASHTO M306 9/28/2018 3305 13 Manhole Frames and Covers Neenah Foundry R-1743-HV (Size - 32"Dia.) ASTM A48 AASBTO 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 l3 Manhole Frames and Covers EJ ( Formally East Jordan Iron Works) EJ1033 Z2/A (Size - 32 25"Dia.) ASTM A536 AASBTO M306 **Noh: Agnew development and new insmQatisn mankole Qds slier) meee We minimum Jd-inch opening requireinene err speehed in Ctiry Spxifrrodon 33 05I3. Any swalier opening sizes wtll only be dbwed far eaisdng manhaks ehae require repWremenl flames and rovers Storm Sewer - later & Structures 33-05-13 10/8/2020 33 49 20 Curb Wets Funnier FRT-I00405-PRECAST** (Size - 10' X 3) ASTM C913 10/8/2020 33 49 20 Curb Inlets Forterrra FRT-IOx3-406-PRECAST** (Size - BYX 39 ASTM C913 10/8/2020 334920 Curb latets Fun= FRT-IOx4.5407-PRECAST**(Size-BYX 4.5" ASTM C913 10/8/2020 334920 Curb Inlets Fonenra FRT-IOx4.S-02`nn0{pp-P����RE`�pp,sCG`GASTTTPQ**pye(Size-10'X 4.5) AS C913 10/8/2020 333920 Manhole Fortenra FRT-4X4-0�-PRESASj-BASESiSize44'X41 ASTM C913 10/8/2020 333920 Manhole Fortenra FRT-SX5.419- ps TP (Size-5'X 5) ASTM C913 10/8/2020 333920 Manhole Forte— FRT-SX5-410-� A-BA��(Size-5'X5) ASTM C913 10/8/2020 333920 Manhole Forocron FRT-6X6-411-PRECAST-TOP(Sin -6'X 69 ASTM C913 10/8/2020 333920 Manhole Fortema FRT-6X6.4 -PRECAST-BASH (Size - 6' X 6) ASTM C913 3/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG10X3405-PRECAST INLET** (Size - 10' X 3� ASTM 6l5 3/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG l5X3405-PRECAST INLET** (Size - 1T X 31 ASTM 6l5 3/19Y22021 33 49 20 Curb Inlets Thompsw Pipe Group TPG20X3405-PRECAST INLET** (Size - 20' X 71 ASTM 6l5 3/19Y102 L 33 39 20 Manhole Thompson Pipe Group TPG4X4409-PRECAST TOP (Size - 4' X 41 ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG4X4409-PRECAST BASE (Size - 4' X 49 ASTM 6l5 3/19/2021 333920 Manhole Thompson Pipe Group TPG4X4412-PRECAST 4-FT RISER (Size -TX41 ASTM 6l5 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG5X5410-PRECAST TOP (Size - T X 5) ASTM 6l5 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG5X5410-PRECAST BASE (Size - 5' X 59 ASTM 6l5 3/19/2021 33333910 Manhole Thompson Pipe Group TPG5X5412-PRECAST 5-FT RISER (Size - 5' X 59 ASTM 6l5 3/19/2021 39 20 Man hole Thompson Pipe Group TPG6X641 t-PRECAST TOP (Size - 6' X 61 ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG6X6.4 l-PRECAST BASE (Size - 6' X 6� AS 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6412-PRECAST 6-PT RISER (Size - 6' X 61 AS 615 3/19/2021 333920 Manhole Thompson Pipe Group TPG-7X7-01l-PRECAST TOP (Size - TX 73 ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X74I I -PRECAST BASE (Size - TX 71 AS 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7412-PRECAST 4-FT RISER (Size - T X 71 ABTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-011-PRECABT TOP (Size - 8' X 8') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X1411-PRECAST BASE (Size - 8' X" AS 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-012-PRECABT 5-FT RISER (Size - 8' X 81 ASTM 615 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG4X4408-PRECABT INLET (Size - 4' X 4� ABTM 615 3/19/2021 334920 Drop Inlet Thompson Pipe Group TPG-SX5408-PRECABT INLET (Size - 5' X 5� ABTM 615 3/19/2021 33 49 20 DroQQ Inlet Thump son Pipe Group TPG-6X6408-PRECAST INLET (Size - 6' X 61 AS 615 8/28/2023 33 49 10 Manhole Oldeastle Precast 4' x 4' Stacked Manhole (Size - 4' X 49 ASTM C478 8/28/2023 33 49 10 Manhole Oldenad Precast 5' x 8' Storm Junction Box (Size - 5' X 8� ASTM C478 8/28/2023 3349 10 Manhole Oldcastle Precast 4' x 4' Stovn Junction Box (Size - 4' X 4lj ASTM C478 1/18/2023 33 49 l0 Manhole Oldcaad Precast 5' x 5' Stovn Junction Box (Size - 5' X 5� ASTM C478 8/28/2023 33 49 l0 Manhole Oldcmtle Precast 6' x 6' Stovn Junction Box (Size - 6' X 611 ASTM C478 8/28/2023 33 49 l0 Manhole Oldeastle Precast 8' x 8' Storm Junction Box Base (Size - 8' X 8) ASTM C478 8/28/2023 33 49 l0 Manhole Oldcastle Precast 5' x 8' Storm Junction Box Base (Size - 5' X 8� ASTM C4478 8/28/2023 3349 l0 Manhole Rinker Materials Reinforoed 48" Diameter Spread Footing Manhole (Size - 4' X 4) ASTM CA33 8/28/2023 33 39 20 Curb Inlet 10'x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT) ASTM C913-16 8/28/2023 33 39 20 Curb Inlet 15'x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT) ASTM C913-16 8/28/2023 333920 Curb Inlet 20'. 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT) ASTM C913-16 1/12/2024 33 49 20 Drop Inlet AmadTex Pipe &Products Drop hilt: (4' X 43 ASTM C913 1/12/2024 33 49 20 Drop later AmeriTex Pipe &Products Dropla (5' X 51 AsC913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products Precast 4k4' Storm junction Box ASTM C913 1/19/2024 334920 Manhole AmeriTex Pipe &Products Precast 5k5' Storm Join= Be. ASTM C913 1/19/2024 33492 20 Manhole AmeriTex Pipe &Products 5' Precast Tansition MH (4' MH on the top of 5' JB) ASTM C913 1/19/2024 334920 Manhole AmeriTex Pipe &Products Precast 6k6' Storm knetion Be, ASTM C913 1/19/2124 3334992 0 Manhole AmeriTex Pipe &Products 6' Precast Tansitiou MH (4' MH on the top of 6' JB) AsC913 1/19/2024 3420 Manhole AmeriTex Pipe &Pmducte Precast 8k8' Stomr Junction Box ASTM C913 1/19/2024 3 49 20 334920 Manhole Ano-Tex Pipe &Products 8' Precast Tansition MH (4' MH on the top of 8' JB) ASTM C913 1/19/2024 **Nor,: Pee-casf 33 49 20 Manhole —m Tex Pipe &Products TYve C Storm Drain Manhole 0. Be. (4' MH on the tot` f RCBI at" see appoved for the �g, l portion afM, snuef ffi@ ' l only. Sorge l[pordon fine snurlure are r,,ocd ro b case i &ce Na ercepti— IN, requvemenf shill be aQowed ASTM C913 CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 05/16/2024 §corm Sewer -pipes & Boxes 33-05-13 I 4/9/2021 33 41 13 Storm Drain Pipes Advansed Drainage System, 0x (ADS) ADS BP Storm Polvpmmlene (PP) Pipe (Size - 12" - 60") ASTM P2881 & AASH M330 I 8/28/2023 3349 10 Storm Drain Pipes Rinker Materials Reinforced Concrete Pipe Tongue and Groove Joint Pipe (Size - 21" or larger) ASTM C76, C655 I 8/28/2023 3349 10 Culvert Box Rinker Materials Reinforced Concrete Box Culvert (Sze - Various) ASTM C789, C850 I 10/12/2023 3341 10 Storm Drain Pipes AmmTex Pipe &Products Reinforced Concrete Pipe Tongue and Groove Joint Pipe- (Size - 15" or larger) ASTM C76, C506 I 10/12/2023 3441 10 Culvert Box AmmTex Pipe &Products Reinforced Concrete Box Culvert (size - Various)) ASTM C1433,C1577 I 10/18/2023 3541 10 Storm Drain Pipes The Turner Co. Reinforced Concete Pipe Tongue and Groove Joint Pipe- (Size - 15"or larger) ASTM C76, C506 I 10/18/2023 364110 Calvert Box The Turner Co. Reinforced Concrete Box Culvert, (sin -Various) ASTM C 1433,C1577 I