NOTICE OF ADDENDUM #1

28-Mar-18

TO THE BID DOCUMENTS FOR:

Spring ISD – New Roberson Middle School Replacement

Bid Package 2

ADDENDUM #1 HAS BEEN ISSUED AND IS AVAILIABLE FOR REVIEW AT THE OFFICES OF:

SATTERFIELD & PONTIKES CONSTRUCTION, INC.

11000 EQUITY DRIVE / SUITE 100

HOUSTON, TX 77041

AND AT THE FOLLOWING PLAN ROOMS:

Associated General Contractors

McGraw Hill Construction/Dodge

Virtual Builders Exchange

ISQFT

I. GENERAL CLARIFICATIONS

A. Replace the Bid Proposal form with the attached revised form.

B. Bid / Work Packages are attached. Proposals are to be provided for the

applicable Bid / Scope Package.

C. S&P Standard Subcontract Terms and Conditions are attached. Successful

Bidders will be required to enter into a Subcontract Agreement with S&P

to include the A4 Bid / Work Package and these Terms and Conditions.

D. AIA Document A201 is attached and incorporated into the Contract Documents.

E. Pre-Bid Agenda and Sign-In Sheet are attached for information.

F. Huckabee Design Addendum #1 is attached and is to be incorporated into the

Contract Documents.

II. SCOPE CLARIFICATIONS

A. Pile Schedule (S0.0) - The shaft length for Pier Mark "B" is 57', with (2) - #9

Striker bars.

III. ATTACHMENTS:

A. Revised Bid Proposal Form

B. Bid/Work Packages:

03A - Concrete

05A - Steel

C. Satterfield & Pontikes Standard Terms & Conditions

D. AIA-A201 - General Conditions of the Contract for Construction

E. Pre-Bid Agenda & Sign-In Sheet

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SATTERFIELD PONTIKES CONSTRUCTION INC. , 11000 EQUITY DRIVE, HOUSTON, TX, 77041 PHONE: 713-996-1300

Bid Package Scope:

Name of Bidder:

Contact Person:

Address:

City/State/Zip:

Phone: Fax:

Mobile: Email:

To: Satterfield & Pontikes Construction, Inc. (S&P)

11000 Equity Drive

Houston, TX 77041

Phone: 713-996-1300

Fax: 713-996-1400

Contacts: S&P Lead Estimator - Charles D. Reagan

Questions: All questions must be directed to the Construction Manager and not

the owner or architect. Please contact Charles D. Reagan with S&P at

713-996-1300.

Proposal: We the undersigned have examined all bidding documents and

familiarized ourselves with all conditions likely to be encountered

affecting the cost and schedule of work. We hereby propose to furnish

all labor, tools, equipment, services, taxes, bonds and insurance required to

complete all work for the above mentioned project in strict accordance

with the final construction documents.

BID PROPOSALS: The following items are bid in strict accordance with the plans,

specifications and addenda. Please attach a copy of your proposal with

clarifications and assumptions.

BASE BID: $

ALTERNATES: Please provide pricing for the following Alternates as applicable to

your bid package as per the bid documents. You may provide voluntary

alternates on your proposal however your base bid shall be per plans

specifications. Reference 01 23 00 Alternates.

$

$

Description: Provide Drilled Shafts in lieu of Auger Cast Piles per Sheet S3.1

Alternate # 1: Value =

Proposal Form

Spring ISD – New Roberson Middle School Replacement

Bid Package 2

Spring, TX

Value

Voluntary Alternate:

Satterfield Pontikes CM@R

Page 1 of 2

Job Personnel:

Please provide the following information and resumes.

Project Manager:

Site Superintendent/Foreman:

Sub Subcontractors:

Please list any sub-subcontractors you are using in this proposal

Name: Scope of Work:

We acknowledge receipt of the following addenda/amendments covering revisions to the

contract documents, and that the cost. If any, of such revisions have been included in the

base bid prices and other prices herein quoted.

Addenda No. Date:

Note: If no addenda or amendments have been received write "None".

Bidding Instructions:

By signature below, Bidder acknowledges receipt of bidding instructions and certifies

that all costs of complying with same have been included in the base bid and any other

prices herein.

Contract Documents:

We acknowledge that the successful bidders will be required to enter into Subcontract

Agreement or Purchase Agreement and will be bound to the terms and conditions of the

Agreement between the Owner and Satterfield & Pontikes Construction, Inc. included in

the bidding documents. This proposal is based upon the contract documents and

specifically the work contained within the BID PACKAGE.

Address, Legal Status and Signature of Bidder:

We hereby designate the address given below as legal address to which all notices,

directions or other communication may be serviced or mailed.

This bid is submitted in the name of:

Company Name

By: _______________________________

Signature Name (Printed)

Title

Signed this __ th day of MONTH, 2018

This Bid is not subject to negotiation and after submission of said Bid. It may not be

altered or withdrawn for any reason, and shall remain valid for a period of not less than

ninety (90) days from the date of submission.

Satterfield Pontikes CM@R

Page 2 of 2

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Scope of Work

Project Spring ISD Roberson Middle School - Bid Package 2 Base TBD

Scope Revision TBD

Bid Package Scope 03A - Concrete VE's TBD

Alternates TBD

Job No./Phase TBD Subtotal TBD

Contract No. TBD

Total Contract TBD

Company name TBD

Mailing Address TBD

Contact TBD Phone: TBD

Email TBD

Co. Designation TBD

Reference Scope Item Included

1

General All deviations from or discrepancies to the plan, specifications, schedule or

submittal requirements must be brought to the immediate attention of the

Contractor in writing with sufficient details reference and explanations to permit

proper analysis. Suggested solutions or substitutions shall accompany the

notification whenever possible. yes

2

General In addition to the foregoing, it is further understood and agreed that this

Subcontract Agreement also includes, but is not limited to, the following conditions

and items, regardless of whether or not they are in the below listed Specification

Sections, or any other Specification Section, or shown on the plans. All notes,

keynotes, and details on all contract documents related to this subcontractors work

are included within this agreement. This subcontractor acknowledges all project

specifications, all project drawings, and all related contractual provisions. The

items listed below are not intended to represent each and every item necessary to

perform the Work. yes

3

General Subcontractor is responsible for notifying all utility companies and having them

locate their existing utilities prior to starting work and advising the Contractor of

required street, sidewalk, utility or other system tie-ins or shutdowns in time to allow

Contractor to properly coordinate the Work. yes

4

General All work and deliveries are to be coordinated and performed in accordance with the

overall project requirements and schedule, including sequence. All required move-

ins/mobilizations to meet project schedule, requirements, equipment and

manpower requirements and coordination and cooperation with other

subcontractors. It is understood that any overtime cost incurred by the

Subcontractor to meet their schedule commitments to the Contractor are the

responsibility of the Subcontractor. It is also understood that to meet certain project

requirements it will be necessary to perform some work tasks during nights,

weekend, and holidays, off-hours, or make-up hours (i.e. shift work, additional

manpower, and/or acceleration). All premium costs associated with the

aforementioned are included in this Subcontract Agreement. yes

5 General

The Subcontractor shall set up, arrange, coordinate and obtain all inspections for

their work, as required by any authorized agency or applicable code.

Arrangements for the inspection of any area, system, equipment, etc., needed

testing or inspection prior to being covered up must be made by the subcontractor

in sufficient time to allow for inspections so as not to impact the project schedule. yes

Initials___________________

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Scope of Work

6 General

Subcontractor must identify the competent person (English speaking) who is

responsible for the implementation of their safety plan or program. This individual

must have authority to direct job site superintendents, foremen, and workers to

comply with safety directives and monitor the corrective responses until satisfactory

completion. This Subcontractor shall make available all history of accidents,

workers compensation rates, etc. as may be required in a timely manner. yes

7 General

Temporary power for construction is limited. Generators required for work of this

subcontract shall be the responsibility of this Subcontractor. All specific power and

lighting, including task lighting, required for Subcontractor's work is the

responsibility of Subcontractor. yes

8 General

Provide S&P with 3 week look ahead schedules conforming to the overall sequence

and dates established by the projects CPM Schedule. yes

9 General

Subcontractor is responsible for layout required to perform their scope of work

including any field measurements. It shall also be the responsibility of the

Subcontractor to maintain and preserve all stakes and other control established by

Contractor or Owner. If control or stakes are destroyed by Subcontractor, they will

be replaced at their expense. yes

10 General

The Subcontractor shall perform all cutting, core drilling, access, clean-up,

patching, repair, filling, disposal etc. as required to install your scope of work. Any

fire extinguishers, multiple flash screens, fire protection blankets, and fire

watchman is the responsibility of this Subcontractor. yes

11 General

The Subcontractor is responsible to meet or exceed the OSHA regulations. The

primary responsibility for safety resides with each subcontractor for its workers.

Subcontractors and their employees (workers) will be responsible for their health

and safety performance. yes

12 General Subcontractor is responsible for his or her drinking water. yes

13 General

SWPPP/Erosion control - As applies to your scope in the event you damage in

place SWPPP measures. yes

14 General

All subcontractor vehicles exiting the site are required to clean vehicles at the site

exit wash area. yes

15 General

Provide S&P weekly safety meeting minutes, daily pretask planning (JSA), and daily

reports yes

16 General

Attendance at S&P weekly subcontractor meetings (Will attend Pre-Construction

Meeting, Coordination Meetings and other meetings as the need arises) yes

17 General Daily sweeping and removal of construction debris to GC provided dumpster yes

18 General

Subcontractor will cooperate in carrying out Contractor's quality assurance

program including, but not limited to, furnishing necessary documentation and

facilitating inspections, testing, etc. yes

19 General

Subcontractor shall provide temporary protection and support, shoring, and to

protect all work adjacent or susceptible to damage by this scope of work. yes

20 General All punch lists to be complete in accordance with Contractor's schedule. yes

21 General

Subcontractor shall maintain up-to-date asbuilts drawings on site at all times. As-

built drawings shall be updated weekly at a minimum and shall be made available for

review at all times by Contractor. yes

22 General

Parking for your employees is offsite if no onsite parking is available.

yes

23 General

The Subcontractor will unload, store and protect all material required for his work

as delivered to the jobsite. It shall be the responsibility of the Subcontractor to

coordinate all jobsite shipments with S&P Superintendent. All material will be

palletized or bundled. In the event material is delivered to the job and the

Subcontractor's personnel are not available, the Contractor shall unload and

charge for the costs of unloading and storing unless agreed to in advance.

However, The Contractor will not be responsible for any loss or damage from any

cause whatsoever to the material. yes

24 General

Subcontractor is responsible for obtaining field dimensions required for the

preparation of shop drawings, submittals, and final fabrication. yes

25 General

Subcontractor will transmit certified payroll on a monthly basis or as required by

Owner, due with monthly pay requisition. yes

26 General Receipt of Job Information Packet (JIP) Manual. yes

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Scope of Work

27 General

Closeout documents required for review 2 months prior to scheduled substantial

completion. yes

28 General Asbuilts will be provided on CD's as well as hard copies yes

29 General

For this trade performing new and/or remodeling work on the premises of this

project, all required certificates and validations for each employee performing work

are required to be submitted as required by the Federal Environmental Protection

Agency’s (EPA) Renovation, Repair, and Painting Rule. This trade is required to

provide all required certifications necessary outlined by the EPA and submit to the

general contractor prior to commencement of any work. yes

Trade Specific Scope

Specifications

30 1 Contract between Project Owner and Satterfield & Pontikes Construction, Inc. yes

31 2 AIA Document A201 - General Conditions of the Contract for Construction yes

Division 00 Procurement and Contracting Requirements

32 00 0110 TABLE OF CONTENTS yes

33 00 0113 ADVERTISEMENT FOR BIDS yes

34 00 0115 LIST OF DRAWING SHEETS yes

35 00 2113 INSTRUCTIONS TO BIDDERS yes

36 00 3132 GEOTECHNICAL DATA yes

37 00 4200 PROPOSAL FORM yes

38 00 7343 WAGE RATE REQUIREMENTS yes

Division 01 General Requirements

39 01 1100 SUMMARY OF WORK yes

40 01 1400 WORK RESTRICTIONS yes

41 01 2100 ALLOWANCES yes

42 01 2200 UNIT PRICES yes

43 01 2300 ALTERNATES yes

44 01 3000 ADMINISTRATIVE REQUIREMENTS yes

45 01 3216 CONSTRUCTION PROGRESS SCHEDULE yes

46 01 3233 PROJECT PHOTOGRAPHIC DOCUMENTATION yes

47 01 4000 QUALITY REQUIREMENTS yes

48 01 4100 REGULATORY REQUIREMENTS yes

49 01 4516 CONTRACTOR'S QUALITY CONTROL yes

50 01 4533 CODE-REQUIRED QUALITY CONTROL yes

51 01 5000 TEMPORARY FACILITIES AND CONTROLS yes

52 01 6000 PRODUCT REQUIREMENTS yes

53 01 6210 SCHEDULE OF MATERIALS AND COLORS yes

54 01 7000 EXECUTION AND CLOSEOUT REQUIREMENTS yes

55 01 7800 CLOSEOUT SUBMITTALS yes

56 01 7900 DEMONSTRATION AND TRAINING yes

57 01 9100 COMMISSIONING yes

Scope Specific Specifications

60 03 1100 CONCRETE FORMWORK yes

61 03 2000 CONCRETE REINFORCEMENT yes

62 03 3000 CAST-IN-PLACE CONCRETE yes

63 31 6316 AUGER CAST GROUT PILES yes

64 31 6329 DRILLED CONCRETE PIERS AND SHAFTS yes

Division CM General Requirements

65 General BIM Requirements as per the Project's BIM Execution Plan. yes

66

General Subcontractor will include costs for Assemble / BIM services provided by

Construction Manager. The value of such cost is to be calculated at a rate of 1.0%

of Subcontractor's total value of work. yes

67 General All mobilizations required to complete this scope of work. yes

All CSI Divisions and individual Specifications Sections listed below are a part of this Subcontract Agreement:

This Subcontractor shall be responsible for furnishing all labor, materials, tools, equipment and

incidentals for performing all work included in the Specification Sections listed below.

All Subcontractors

Initials___________________

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Scope of Work

68

General This Project falls under the requirements of Senate Bill 9, and subsequent Texas

Education Association (TEA) rulings as it relates to criminal background checks

and fingerprinting. It will be the responsibility of the Subcontractor, and any

lowered tier subcontractors, to abide by the requirements of this legislation.

Badges may be required of all workers for this project. yes

69

General It is the intent of this scope of work to convey to this subcontractor the total

responsibility for this work package. This subcontractor understands that due to the

fast track nature of this project, Construction Documents may not be 100 Percent

complete and will develop as the project progresses. However the subcontractor

shall perform all work required or reasonably inferred under the best practices in

the construction industry for a complete, fully functional and operational system for

the purpose intended. yes

70

General Subcontractor shall inspect and survey all building areas and substrates in advance

of fabrication or installation of any work. The Subcontractor shall advise the CM of

any conditions which are inconsistent with the contract documents or will hinder

proper installation of the subcontractors work. Start of the work by the

subcontractor will indicate acceptability of substrates, openings and support

bracing systems provided by others. yes

71

General Subcontractor will cooperate fully with the CM and other key trades to ensure

obtaining the certificate of Occupancy in an expeditious manner. yes

72

General This subcontractor shall provide in their contract amount a daily cleaning sum for

each day that the subcontractor will be working on the project. This dedicated

amount is to be used to employ a worker that will be responsible for safety item

maintenance, trash removal from the building and maintaining a safe environment.

yes

73 Concrete

A complete turnkey operation of all concrete work, including coordination of all

contract documents, field conditions, and impediments to ensure a complete

installation of the work of this subcontract in accordance with the Contract

Documents. yes

74 Concrete

This Subcontractor is responsible for furnish and installation of all concrete

including but not limited to: foundations, piers & caps, auger cast piles & caps,

grade beams, slabs-on-grade, slabs-on-deck, interior and exterior housekeeping

pads, all transformer yard concrete, slab pourbacks, elevator pit walls and floors &

sump pits, pan stairs, masonry wall foundations, pavement, light pole bases,

subgrade walls, planters, retaining walls, hardscapes, steps/stairs, sidewalks &

ramps, and curbs. yes

75 Concrete

Provide a turnkey auger cast system foundation complete with specified

engineering, reinforcing, and spoil relocation around site. yes

76 Concrete

All excess spoils from this Subcontractor's scope of work shall be relocated onsite

by this Subcontract to a location directed by the Construction Manager. yes

77 Concrete

Provide a complete auger cast testing piles program as required and indicated in

the contract documents. yes

78 Concrete

Provide installation of all items to be built-in formwork or embedded in concrete

including but not limited to metal anchors, anchor slots, reglets, hangers, supports,

ties, inserts, bolts, corner guards, and sleeves. yes

79 Concrete Provide rebar submittals and shop drawings within 2 weeks of contract award. yes

80 Concrete

Provide all concrete forming including but not limited to forms, ties, spreaders,

anchors, hangers, and coatings in accordance with contract documents. yes

81 Concrete

Provide all concrete reinforcement including but not limited to bars, dowels, welded

wire fabric, anchoring hardware, accessories, chairs, spacers, hangers, and tie

wires in accordance with contract documents. yes

82 Concrete

All concrete material to be in conformance with the concrete mix designs in the

contract documents. yes

83 Concrete

Provide installation of trench drain frames and grates that are to be installed in

concrete. yes

84 Concrete

Provide fine grading of concrete subgrades prior to placement of concrete.

Beginning any concrete work without notifying Contractor of discrepancies and

finish grades constitutes acceptance of grades provided. yes

Furnish and install a complete Concrete scope of work including, but not limited to the following items:

Initials___________________

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Scope of Work

85 Concrete

Provide structural excavation, backfill, and compaction as applies to the concrete

scope of work including, but not limited to, recessed slabs and stage areas. yes

86 Concrete

Stockpile soil spoils materials from foundation excavations on-site as associated

with the concrete scope of work. yes

87 Concrete Re-establish finish grade after drilling or excavating foundations. yes

88 Concrete

Provide expanded polystyrene fill and reinforcement as indicated in the contract

documents

89 Concrete Provide waterstop and vapor barrier as required by the contract documents yes

90 Concrete

Provide a complete auger cast system foundation with specified engineering,

placement of pressure injected grout, and internal reinforcing in accordance with

the contract documents. yes

91 Concrete

Provide sawcutting for the concrete scope of work including sawcutting layout

drawings. This applies to work performed by this Subcontractor. yes

92 Concrete Provide specified joints in concrete as indicated in the contract documents. yes

93 Concrete Provide pumping/transportation of concrete from concrete trucks to final locations. yes

94 Concrete Provide grout at all structural steel column bases per the contract documents yes

95 Concrete Provide protection of pier excavation. yes

96 Concrete Provide and maintain concrete washout areas. yes

97 Concrete Wreck and dispose of formwork yes

98 Concrete Scheduling of testing lab as required. yes

99 Concrete Clean metal decks before placing concrete. yes

100 Concrete Rebar protection as required left in place. yes

101 Concrete Rebar dowels for the masonry walls per the contract documents. yes

102 Concrete Temporary hand rails for pits at the ground floor. yes

103 Concrete Provide site light pole bases and foundations; including drilling. yes

104 Concrete Provide flag pole foundations. yes

105 Concrete

Coordinate recesses and curb requirements with food service drawings. Provide

grout leveling bed under walk-in refrigerator/freezer, provide concrete infill inside

of refrigerator/freezer. yes

106 Concrete Provide and maintain concrete washout pits as specified in the Contact Documents yes

107 Concrete

Provide metal concrete filled bollards and foundations. Metal bollard furnished by

others. yes

108 Concrete

Provide concrete bollards as needed to protect transformer and secondary

enclosure from drive traffic. yes

109 Concrete Provide marquee sign foundations. yes

110 Concrete Provide steel canopy foundations as indicated in the contract documents. yes

111 Concrete Provide aluminum canopy foundations as indicated in the contract documents. yes

112 Concrete Provide service & mechanical yard wall foundations. yes

113 Concrete Provide interior/exterior housekeeping & MEP pads. yes

114 Concrete Provide concrete slab on metal deck. yes

115 Concrete

Provide concrete filled or cast-in-place stairs and ramps. Coordinate with finish

floor and safety stair nosings. yes

116 Concrete

Provide interior concrete building curbs and wall curbs including but not limited to

mechanical rooms. yes

117 Concrete

Coordinate with all trades and provide installation of floor slab and elevated slab

blockouts. yes

118 Concrete Provide installation of gymnasium sleeves and inserts into concrete building slab. yes

119 Concrete Provide greenhouse building concrete foundations and slabs. yes

120 Concrete Provide Freezer & Cooler foundations and slabs. yes

121 Concrete

Coordinate recesses and curb requirements with food service drawings. Provide

grout leveling bed under walk-in refrigerator/freezer, provide concrete infill inside

of refrigerator/freezer. yes

122 Concrete

Subcontractor shall provide all information and documentation required for BIM

coordination and as-builts. yes

Initials___________________

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Scope of Work

Project Spring ISD Roberson Middle School - Bid Package 2 Base TBD

Scope Revision TBD

Bid Package Scope 05A - Structural Steel VE's TBD

Alternates TBD

Job No./Phase TBD Supply Bond TBD

TBD

Total Contract TBD

Company name TBD

Mailing Address TBD

Contact TBD Phone: TBD

Email TBD

Title TBD

Reference Scope Item Included

1

General All deviations from or discrepancies to the plan, specifications, schedule or submittal

requirements must be brought to the immediate attention of the Contractor in writing

with sufficient details reference and explanations to permit proper analysis.

Suggested solutions or substitutions shall accompany the notification whenever

possible. yes

2

General In addition to the foregoing, it is further understood and agreed that this Agreement

also includes, but is not limited to, the following conditions and items, regardless of

whether or not they are in the below listed Specification Sections, or any other

Specification Section, or shown on the plans. All notes, keynotes, and details on all

contract documents related to this work are included within this agreement. This

vendor acknowledges all project specifications, all project drawings, and all related

contractual provisions. The items listed below are not intended to represent each and

every item necessary to perform the Work.

yes

3

General All work and deliveries are to be coordinated and performed in accordance with the

overall project requirements and schedule, including sequence. yes

4 General

Vendor will cooperate in carrying out Contractor's quality assurance program

including, but not limited to, furnishing necessary documentation and facilitating

inspections, testing, etc. yes

5 General All punch lists to be complete in accordance with Contractor's schedule. yes

6 General

Vendor shall maintain up-to-date asbuilts drawings on site at all times. As-built

drawings shall be updated weekly at a minimum and shall be made available for

review at all times by Contractor. yes

7 General Receipt of Job Information Packet (JIP) Manual. yes

8 General

Closeout documents required for review 2 months prior to scheduled substantial

completion. yes

9 General Asbuilts will be provided on CD's as well as hard copies yes

Trade Specific Scope

Specifications

10 1 Contract between Project Owner and Satterfield & Pontikes Construction, Inc. yes

11 2 AIA Document A201 - General Conditions of the Contract for Construction yes

Division 00 Procurement and Contracting Requirements12 00 0110 TABLE OF CONTENTS yes

13 00 0113 ADVERTISEMENT FOR BIDS yes

14 00 0115 LIST OF DRAWING SHEETS yes

15 00 2113 INSTRUCTIONS TO BIDDERS yes

16 00 3132 GEOTECHNICAL DATA yes

17 00 4200 PROPOSAL FORM yes

18 00 7343 WAGE RATE REQUIREMENTS yes

Division 01 General Requirements19 01 10 00 AVAILABLE PROJECT INFORMATION yes

20 01 11 00 SUMMARY OF WORK yes

21 01 21 00 ALLOWANCES yes

All CSI Divisions and individual Specifications Sections listed below are a part of this Agreement:

Initials___________________

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Scope of Work

22 01 22 00 MEASUREMENT AND PAYMENT (UNIT PRICES) yes

23 01 23 00 ALTERNATES yes

24 01 25 13 PRODUCT SUBSTITUTION PROCEDURES yes

25 01 26 00 CONTRACT MODIFICATION PROCEDURES yes

26 01 29 00 PAYMENT PROCEDURES yes

27 01 29 73 SCHEDULE OF VALUES yes

28 01 31 13 PROJECT COORDINATION yes

29 01 31 19 PROJECT MEETINGS yes

30 01 32 16 CONSTRUCTION PROGRESS SCHEDULE yes

31 01 33 00 SUBMITTAL PROCEDURES yes

32 01 41 00 REGULATORY REQUIREMENTS yes

33 01 45 00 QUALITY CONTROL yes

34 01 77 00 CLOSEOUT PROCEDURES yes

35 01 78 39 PROJECT RECORD DOCUMENTS yes

36 01 91 00 COMMISSIONING yes

Scope Specific Specifications37 05 1200 STRUCTURAL STEEL FRAMING yes

38 05 2100 OPEN WEB STEEL JOISTS AND JOIST GIRDERS yes

39 05 3100 STEEL DECKING yes

40 05 4400 COLD-FORMED STEEL TRUSSES yes

41 05 5100 METAL STAIRS yes

42 05 5213 PIPE AND TUBE RAILINGS yes

43 05 5600 METAL CASTINGS yes

44 05 5113 PRE-ENGINEERED STEEL PAN STAIRS yes

45 05 7300 DECORATIVE METAL RAILINGS yes

All Vendors

Division CM General Requirements

45 General BIM Requirements as per the Project's BIM Execution Plan. yes

46

General Vendor will include costs for Assemble / BIM services provided by Construction

Manager. The value of such cost is to be calculated at a rate of 1.0% of Vendor's total

value of work. yes

47 General

It is the intent of this scope of work to convey to this vendor the total responsibility for

this work package. This vendor understands that due to the fast track nature of this

project, Construction Documents may not be 100 Percent complete and will develop

as the project progresses. However the vendor shall perform all work required or

reasonably inferred under the best practices in the construction industry for a

complete, fully functional and operational system for the purpose intended. yes

48 General

Vendor will cooperate fully with the CM and other key trades to ensure obtaining the

certificate of Occupancy in an expeditious manner. yes

49 Structural Steel

Provide all shop drawings, engineering calculations, necessary templates, final "For

Construction Use" drawings, fabrication documents and erection drawings for the steel

scope including, but not limited to: structural steel framing, anchor bolts and base

plates, steel stairs and steel rails, connection details, pour stops, equipment supports,

embeds, miscellaneous members, floor metal decking (not including roof decking),

metal decking components, catwalks, ladders, joists, joists bridging, and all other

steel components. yes

50 Structural Steel

All documents and drawings required for approval, fabrication and erection are to be

organized and turned over in a manner such that the Owner could retain possession

of all information necessary for procurement and facilitate install of the steel scope for

the project. yes

51 Structural Steel

Vendor will provide all information required for approval, by the Engineer of Record, of

the Submittal / Shop Drawings per the Contract Documents and participate in

meetings or sessions as required for the same. yes

52 Structural Steel

Furnish all structural steel including, but not limited to: steel beams, columns, base

plates, bent plates, bearing plates, leveling plates, pour stops, anchor bolts, embeds,

elevator divider beams, floor metal decking (not including roof decking), metal decking

components, cell closures and closure strips, service level framing, catwalks, ladders,

stairs, posts, girts, wind framing, joists, joists bridging, and all other steel to steel

framing. yes

53 Structural Steel Provide all permits and fees associated with this scope of work yes

54 Structural Steel Provide all coordination drawings, as required by the Contract Documents. yes

Furnish a complete Steel scope of work including, but not limited to the following items:

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Scope of Work

55 Structural Steel

Fabrication rework due to testing or inspection failure. Re-inspection fees as a direct

result of failure of inspection due to Vendor's noncompliance with the contract

documents shall be paid by this Vendor. yes

56 Structural Steel

Furnish all supplementary parts, members and connections necessary to complete the

structural steel work as specified on the contract documents. yes

57 Structural Steel

Provide all surface preparation and shop prime paint touch-up as required by this

scope of work. yes

58 Structural Steel

Furnish all grating, masonry relief angles, loose lintels, CMU support clips, embeds,

elevator supports, hoist beams, roof access ladders, roof transfer ladders, perimeter

edge angle, steel angle framed roof opening supports, and steel bollards. yes

59 Structural Steel

Furnish all miscellaneous steel where implied and/or indicated in the contract

documents, including but not limited to: structural and architectural drawings. yes

60 Structural Steel Furnish all decorative metal railings. yes

61 Structural Steel Furnish all roof and floor drain steel angle framed opening supports. yes

62 Structural Steel

Furnish all Interior and exterior steel railing systems at all stairs and ramps including

steel wall mount railings. yes

63 Structural Steel Furnish all connections for steel to steel, masonry, concrete, and wood. yes

64 Structural Steel

Furnish all miscellaneous steel support framing, including by not limited to: folding

partitions, overhead rolling doors, and vanity supports. yes

65 Structural Steel Furnish all column shims and/or leveling nuts as required. yes

66 Structural Steel

Furnish all framed supports for all aluminum entrances, windows, storefronts and

curtain walls. yes

67 Structural Steel Furnish all framed supports for hollow metal required per the contract documents. yes

68 Structural Steel

Vendor shall provide all information and documentation required for BIM coordination

and as-builts. yes

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TEXAS

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Attachment A-1 SUBCONTRACT TERMS AND CONDITIONS

1. SUBCONTRACTOR'S WORK a. Subcontractor shall perform all work and shall furnish all supervision, labor, materials, plant, hoisting, scaffolding, tools, equipment, supplies and all other things necessary for the performance and completion of the work described in and reasonably inferable from Attachment A-4 and all work incidental thereto, in strict accordance and full compliance with the Contract Documents, and to the satisfaction of Contractor, Architect and Owner (the "Work"). b. Subcontractor represents that Subcontractor has carefully examined, read and understood the Contract Documents, which means and includes without limitation, this Subcontract and all documents referenced herein, Contractor’s contract with Owner (the “Prime Contract”) and all Drawings and Specifications relating to or affecting Subcontractor’s Work, all of which are incorporated herein by reference, and that Subcontractor has notified Contractor in writing and resolved to its satisfaction any ambiguities or discrepancies within or among the Subcontract or the Contract Documents. Subcontractor and its sub-subcontractors, vendors and suppliers are bound by any and all parts of the Contract Documents in the same manner and to the same extent that Contractor is bound to Owner pursuant to the Contract Documents. Subcontractor assumes toward Contractor all of the obligations and responsibilities assumed by Contractor toward Owner, as applicable to the Subcontract, including without limitation, any obligation to pay Subcontractor’s share of liquidated damages in proportion to Subcontractor’s responsibility for any delay, and to participate in and be bound by any specified dispute resolution procedures. In addition to other rights and remedies set forth in the Subcontract, Contractor shall, in accordance with the Contract Documents, have all rights and remedies against Subcontractor that Owner has against Contractor. It is intended that the Contract Documents and the Subcontract supplement each other, and in the event of any inconsistency between the terms and conditions of the Contract Documents and the Subcontract, the more restrictive provisions as applied to Subcontractor shall prevail and govern. c. Subcontractor shall be bound by all decisions, interpretations and findings of the Architect and/or Owner to the same extent as Contractor. d. Unless required by statute, neither Subcontractor nor its subcontractors and/or suppliers shall communicate directly with Owner, Architect or any other member of the design team. All communications with Owner, Architect and/or any other member of the design team shall be by and through Contractor. 2. PAYMENT a. Contractor will pay Subcontractor the Subcontract Price in accordance with the terms and conditions set forth herein. Attachment A-10 shall set forth the Unit Price Schedule, where applicable, and Attachment A-11 shall set forth the Alternate Price Schedule, where applicable. b. Prior to submitting Subcontractor’s first application for payment, Subcontractor shall submit for Contractor’s approval a breakdown of the Subcontract Price (“Schedule of Values”). This Schedule of Values shall serve as the basis for all payments hereunder. c. Contractor’s receipt of payment from Owner for Subcontractor’s Work is a condition precedent to Subcontractor’s right to receive payment from Contractor or its sureties, if any. In the event Owner’s nonpayment is due to Contractor’s failure to meet its obligations set forth in the Prime Contract, and such failure is not due to Subcontractor’s failure to meet its contractual requirements, Subcontractor will be paid within a reasonable amount of time, provided all other conditions precedent have been satisfied. In the event Owner’s nonpayment or delay in payment is due to any other reason, Subcontractor accepts the risk of nonpayment. d. The following shall be additional conditions precedent to Subcontractor’s right to receive payment from Contractor or its sureties, if any: (i) Subcontractor is not in default of any obligation hereunder; (ii) Subcontractor shall produce a list of all of its subcontractors, suppliers and vendors, along with the amount of each subcontract, purchase order or other contract; (iii) Subcontractor shall provide Contractor with Conditional Waivers and Releases on the forms prescribed by Attachments A-6 or A-7 (as the case may be) properly executed by Subcontractor and all persons or entities supplying labor, materials or equipment in connection with the Work; (iv) Subcontractor shall provide certified payroll records for all of Subcontractor’s employees involved in prosecution of the Work; (v) Subcontractor shall provide such other evidence as Contractor may require that demonstrates charges for all labor, material and equipment have been paid by Subcontractor; and (vi) Subcontractor must submit all Applications for Payment and supporting documents (including without limitation lien waivers, sworn statements, and the like), in the format required by Contractor. Contractor may contact Subcontractor’s subcontractors, vendors and suppliers to determine the current status of indebtedness or other financial information concerning Subcontractor, and may at Contractor’s sole discretion, issue checks payable jointly to Subcontractor and its subcontractors, vendors and suppliers, or directly to such subcontractors, vendors and suppliers for the account of Subcontractor. Subcontractor shall cooperate with Contractor to expedite any such payments. e. Subject to the terms and conditions precedent set forth herein, partial payments for Work properly performed in strict accordance with the Contract Documents shall be due on or about the 7th day following Contractor’s receipt of payment from Owner, or when required by the Contract Documents or law. No payment made under this Subcontract shall be considered an acceptance of the Work in whole or in part. All material and work for which Subcontractor has been paid shall become the property of Contractor, or, if the Contract Documents so provide, the property of Owner; however, Subcontractor shall remain solely responsible for all Work and materials upon which payments have been made until final acceptance thereof by Owner.

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f. Subcontractor shall accept payments made to Subcontractor as being made in trust, for the benefit of Subcontractor’s subcontractors, vendors and suppliers who have furnished Work upon which payment was based. Subcontractor shall promptly use payments made by Contractor to pay its subcontractors, vendors and suppliers. Subcontractor must ensure that all of its subcontractors, vendors and suppliers are paid for all Work performed, all materials and all equipment supplied, to the extent Subcontractor has been paid for the Work. Each time Subcontractor pays its subcontractors, vendors and suppliers, Subcontractor shall clearly note on each payment that such payment is in respect of Work or material or equipment provided pursuant to this Subcontract for this Project. g. Contractor may withhold any payment until Subcontractor submits evidence satisfactory to Contractor that Subcontractor has satisfied all debts and obligations incurred in connection with the Work to the extent of payments previously received hereunder. Notwithstanding anything to the contrary in the Subcontract or the existence of any performance or payment bond, Contractor may at any time withhold from Subcontractor any amount or amounts Contractor deems necessary to complete the Work, or any part thereof, and/or to pay and fully discharge any claims or liens arising out of the Work. Additionally, Contractor may withhold any amounts otherwise due under this Subcontract or any other agreement between the parties to cover any costs or liabilities Contractor incurs or may incur due to Subcontractor. Without limitation of any other rights or remedies of Contractor, the amount of all such payments of Subcontractor's obligations by Contractor shall be deducted from the Subcontract Price then unpaid. If any such obligations, claims or liens exceed the amount of the Subcontract Price then unpaid, or arise after Contractor has paid or otherwise satisfied the full Subcontract Price, Subcontractor, immediately upon demand, shall pay to Contractor all monies that Contractor may have paid to discharge such obligations, liens or claims with respect to the Project. Nothing herein is intended to limit or preclude the rights of Contractor under other terms of the Subcontract to backcharges, set-offs or other claims against Subcontractor to recover any expenses incurred by Contractor. h. In addition to the foregoing conditions precedent to Subcontractor’s right to receive any payment, the following are conditions precedent to Subcontractor’s right to receive final payment: (i) Subcontractor’s Work must be complete, including the submission of all closeout documents and warranties to Contractor; (ii) Owner’s acceptance of the Work; (iii) Subcontractor has furnished Conditional Waivers and Releases on the form prescribed by Attachment A-7 properly executed by Subcontractor and all persons or entitles supplying labor, materials or equipment in connection with the Work; (iv) Contractor’s receipt of payment in full from Owner; and (v) all claims and liens in connection with the Work have been properly released. 3. SUBCONTRACTOR'S REPRESENTATIONS a. Subcontractor represents that it is fully qualified to perform the Work of this Subcontract, and acknowledges that, prior to the execution of this Subcontract, it has, by its own independent investigation, ascertained (i) the Work required by this Subcontract, (ii) the conditions involved in performing the Work, (iii) the obligations of this Subcontract and the Contract Documents, and (iv) verified all information furnished by Contractor or others satisfying itself as to the correctness and accuracy of that information. Subcontractor represents that it is an expert in the type of work required hereunder and that it is competent to know that the materials, methods and apparatus specified for the Work are sufficient and suitable to secure the results contemplated by the Contract Documents. Any failure by Subcontractor to independently investigate and become fully informed will not relieve Subcontractor from its responsibilities hereunder. b. Before commencing work, Subcontractor will check the existing conditions and work and report in writing to Contractor any defect, interference, or non-conformity of same as it relates to the scheduling, installation, and performance of this scope of work. Subcontractor accepts the existing conditions and work except to the extent Subcontractor reports defects, interferences or non-conformities in writing. 4. SUBCONTRACTOR'S RESPONSIBILITIES a. Subcontractor hereby assumes the entire responsibility and liability for the Work, including, but not limited to, all supervision, labor and materials provided hereunder, whether or not erected in place, and for all plant, scaffolding, tools, equipment, supplies and other things provided by Subcontractor until final acceptance of the Work by Owner. In the event of any loss, damage or destruction thereof from any cause prior to final acceptance of the Work by Owner, Subcontractor shall be liable therefor, and shall repair, replace, rebuild and make good said loss, damage or destruction at Subcontractor's expense. b. Subcontractor agrees that it will protect work and materials installed by others on the Project, and that if Subcontractor damages work or materials installed by other subcontractors, Subcontractor will be responsible for all costs (including Contractor’s costs and attorney fees) caused by Subcontractor’s failure to protect the work of others. c. In the event of damage to Subcontractor’s Work, which is covered by any applicable insurance, Subcontractor shall be responsible for its proportionate share of any applicable deductible. 5. SUBCONTRACTOR'S INSURANCE Prior to commencing the Work, Subcontractor shall procure and thereafter maintain at its own expense until final acceptance of the Work, insurance coverage as described in the "Subcontractor's Insurance Requirements" attached to this Subcontract as Attachment A-12. Failure of Subcontractor to provide certificates and corresponding endorsements demonstrating proof of such required insurance shall be considered a material default hereunder. 6. PERFORMANCE & PAYMENT BONDS a. Subcontractor shall, if included in Attachment A-4, furnish a Performance Bond and a Payment Bond, each in the full amount of the Subcontract Price. Subcontractor’s surety must be approved by Contractor and the bonds must be written on the forms prescribed by Attachment A-13 prior to the execution of this Subcontract. The failure of Subcontractor to furnish such required bonds within ten (10) days after execution of this Subcontract, or commencement of the Work, whichever is sooner, shall constitute a material default under this

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Subcontract. Contractor’s failure to request proof of such bonds at any time shall not constitute a waiver of this provision. b. In the event of any default by Subcontractor under this Subcontract, Contractor shall be entitled to recover its reasonable attorney’s fees and costs under Subcontractor’s Performance Bond. c. In lieu of requiring Performance and Payment Bonds, Contractor may, in its sole discretion, secure Subcontractor’s obligations hereunder by obtaining subcontractor default insurance (“SDI”) to insure Contractor against any default of Subcontractor. SDI shall be for the exclusive benefit of Contractor. Attachment of any SDI policy to the Project shall not in any way limit or restrict any rights or remedies to which Contractor is entitled, nor shall it provide any rights or remedies to Subcontractor or its subcontractors, suppliers, vendors, employees or other third parties. d. In the event Contractor secures SDI for the Project, Subcontractor must comply with Contractor’s qualification procedures, including without limitation the provision of documentation and information regarding financial, technical, safety, management and other matters related to Subcontractor’s operations. Should Subcontractor fail to qualify for SDI coverage, Contractor may require Subcontractor to provide Performance and Payment Bonds in accordance with the foregoing subparagraphs. 7. TIME OF PERFORMANCE a. Time is of the essence of this Subcontract. Subcontractor must proceed with the Work in a prompt and diligent manner, in strict accordance with Contractor's schedule as modified and updated from time to time (“Schedule”). In the event Subcontractor cannot, for any reason, fully comply with any Schedule issued by Contractor, Subcontractor shall notify Contractor in writing within three (3) calendar days after Subcontractor’s receipt of such Schedule. SUBCONTRACTOR’S FAILURE TO SO NOTIFY CONTRACTOR IN WRITING SHALL CONSTITUTE SUBCONTRACTOR’S ACCEPTANCE OF SAID SCHEDULE AND A WAIVER OF ANY CLAIMS AGAINST CONTRACTOR RELATED TO THE SCHEDULE INCLUDING WITHOUT LIMITATION, DELAYS, DISRUPTIONS, LOSS OF PRODUCTIVITY, LOSS OF EFFICIENCY, ACCELERATION OR OTHERWISE. b. Subcontractor understands that the Schedule takes priority over the scheduling of Subcontractor’s Work. Subcontractor represents that (i) it has carefully reviewed the Schedule; (ii) the times and sequences shown in the Schedule for Subcontractor’s Work are reasonable and satisfactory to Subcontractor; (iii) the Schedule is subject to change during the course of the Project; (iv) upon Contractor’s request, Subcontractor must submit a detailed schedule for performance of the Work, which must comply with the Schedule; and (v) that Subcontractor will (at Contractor’s request) modify the progress and sequence of Subcontractor’s Work so as to cooperate with all other subcontractors, sub-subcontractors, suppliers, vendors and anyone else performing work on or providing services, materials or equipment to the Project (without any additional cost to Contractor or other trades) and to facilitate Contractor’s overall performance of the Project in accordance with the Schedule. c. Subcontractor will coordinate its Work with the work of Contractor, other subcontractors, and Owner's other builders, if any, so as to avoid delays or interference in completion of the Project. Any written dates for performance furnished by Subcontractor and approved by Contractor or Owner for delivery of materials, samples, shop drawings, etc., shall become a part of this Subcontract. d. Subcontractor shall be responsible for any losses or damages incurred by Contractor, including but not limited to Subcontractor’s share of any liquidated, actual or consequential damages assessed by Owner as a result of Subcontractor’s delays in completing the Work. Subcontractor shall work overtime or shift work if deemed necessary, in the sole, reasonable judgment of Contractor, to maintain the progress of the Work. Any such overtime or shift work required to maintain progress or to complete the Work on a timely basis shall be at Subcontractor's expense and shall not be charged to Contractor unless specifically authorized in writing by Contractor prior to the commencement of such overtime or shift work. Any float time reflected in the Schedule shall belong to Contractor for its exclusive use. In the event Subcontractor consumes any of Contractor’s float time, Contractor shall be entitled to recover its damages incurred as a result of such lost time. e. In the event Subcontractor is delayed, hindered or impacted by an event or occurrence for which Contractor is entitled to additional time or compensation under the Prime Contract, Subcontractor must notify Contractor in writing within three (3) days after such event or occurrence. Such writing shall be conspicuously titled “Notice of Claim” and include a detailed description of the delay, hindrance or impact, including Subcontractor’s specific activities affected, and the length of such delay, hindrance or impact supported by a critical path analysis. Contractor’s receipt of additional time and/or compensation from Owner in respect of Subcontractor’s claim shall be a condition precedent to Subcontractor’s right to receive any additional time or compensation under this Section 7.e. f. In the event Subcontractor is delayed, hindered or impacted by an event or occurrence not covered by Section 7.e. above, Subcontractor shall not be entitled to any additional compensation and Contractor shall not be liable to Subcontractor for any damages arising out of or associated with such delay, hindrance or impact to the Work regardless of the cause. Subcontractor’s sole remedy in any such case may be an extension of time provided that Subcontractor furnishes notice and supporting information as set forth in Section 7.e. g. If at any time during the Work, Contractor determines that Subcontractor is not progressing in a satisfactory manner to strictly comply with the current Schedule, upon Contractor’s demand, Subcontractor shall without additional compensation accelerate its Work and provide such manpower, materials and equipment as needed to meet the requirements of the Schedule. In such event, Subcontractor must promptly provide a recovery schedule upon Contractor’s request. Subcontractor’s failure to comply with any requirement under this section 7.g. shall constitute an event of default pursuant to Section 11. 8. PROJECT COORDINATION/SAFETY MEETINGS a. Subcontractor must attend all Project coordination and safety meetings, tests, inspections and other meetings pertaining to Subcontractor’s Work. Subcontractor must furnish daily reports and other documents required by Contractor.

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b. If Contractor observes that Subcontractor's Work is jeopardizing the safety of Project activities, then Contractor may (at its option and in its sole discretion, and without prejudicing other remedies which are provided herein) either (a) order that Subcontractor immediately cease or cure the offending conditions, and/or (b) stop or cure the offending conditions itself at Subcontractor’s expense. 9. INDEPENDENT CONTRACTOR Subcontractor is an independent contractor with the resources, expertise, and capability to act as required to competently complete Subcontractor’s Work pursuant to the terms and conditions of this Subcontract. Subcontractor shall not be controlled by Contractor as to the specific details or manner of Subcontractor’s business, it being understood that the primary interest of Contractor is the result achieved by Subcontractor. Subcontractor’s business is separate and apart from that of Contractor and it is of the essence of this Subcontract that Subcontractor is an independent business. Any contrary final determination by any arbitrator, governmental agency or court of competent jurisdiction shall entitle either party to cancel this Subcontract. Neither Subcontractor nor any of its employees, agents, or servants shall be considered or deemed in any way to be employees, agents, or servants of Contractor and neither party has the right nor power, express or implied, to do any act or thing that would bind the other, except as herein specifically provided. The parties do not intend to act as joint employers, joint venturers, or in any other legal capacity other than separate and distinct businesses acting pursuant to the terms of this Subcontract. Furthermore, none of the benefits provided by Contractor to its employees is available from Contractor to Subcontractor or to Subcontractor’s employees, agents, or servants, except as required by law. Subcontractor will be solely and entirely responsible for its acts and for the acts of its employees, agents, and servants during the performance of this Subcontract and will save and hold Contractor harmless from any and all damages which may arise therefrom, including attorneys’ fees. The coverage of any insurance policy required herein or actually carried by Subcontractor shall not limit the extent of Subcontractor’s liability under the foregoing indemnity. 10. CHANGES a. Contractor may unilaterally or by agreement with Subcontractor, without notice to Subcontractor’s surety, make changes in the Work. Any unilateral directive or agreement under this Section 10.a. shall be in writing and Subcontractor shall perform the Work as changed without delay. Subcontractor’s execution of a change order shall constitute full and final settlement of all matters contained therein, including without limitation any adjustment in the Subcontract Price or time. b. Subcontractor shall submit in writing any claims for adjustment in the Subcontract Price, Schedule or other provisions of the Subcontract claimed by Subcontractor for changes directed by Owner to Contractor in time to allow Contractor to comply with the applicable provisions of the Contract Documents. Subcontractor’s claim for additional time shall include the number of days by which the Schedule will be increased or decreased and detailed price breakdowns for all labor, material and equipment being added or deducted as a result of the change, as well as any supporting information and documentation requested by Contractor, Architect or Owner. Subcontract adjustments shall be made only to the extent that Contractor is entitled to relief from or must grant relief to Owner. Further, each Subcontract adjustment shall be equal only to Subcontractor's allocable share of any adjustment pursuant to the Prime Contract. Subcontractor's allocable share shall be determined by Contractor, after allowance of Contractor's normal overhead, profit and other interest in any recovery by making a reasonable apportionment, if applicable, between Subcontractor, Contractor and other subcontractors or persons with interest in the adjustment. Such reasonable apportionment shall apply to other equitable adjustments or other relief allowed by the Contract Documents. c. Subcontractor shall be bound to any changes or change directives issued by Architect and/or Owner, including any adjustment to the Schedule or Subcontract Price, to the same extent as Contractor. d. If Subcontractor shall make any claim against Contractor for changes, extra work, or additional compensation, Contractor shall have the right to present any such change or claim to Architect and/or Owner for determination and decision. In so doing, its action shall not be construed as an acknowledgment of the validity thereof, or a waiver of any right of Contractor. The decision of Architect and/or Owner shall be final and binding upon Subcontractor to the same extent binding on Contractor. e. For changes that are independent of Owner or the Contract Documents, and that were not necessitated by Subcontractor’s failure to strictly comply with the Contract Documents, Subcontractor may be entitled to, or shall grant, an equitable adjustment in the Subcontract Price based upon: (i) mutual agreement of Contractor and Subcontractor, or (ii) when the parties do not agree to the adjustment, the reasonable actual cost of labor and materials (demonstrated by the same procedure outlined in section 10.b.) plus a mark-up not to exceed 15%. f. SUBCONTRACTOR WAIVES AND RELEASES ANY AND ALL CLAIMS AND CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION ORAL CONTRACT, QUANTUM MERUIT AND PROMISSORY ESTOPPEL, AGAINST CONTRACTOR AND CONTRACTOR’S SURETY ARISING OUT OF ANY ALLEGED EXTRA OR ADDITIONAL WORK OR CHANGES (“CHANGED WORK”) IF SUCH CHANGED WORK WAS NOT PERFORMED PURSUANT TO A WRITTEN DIRECTIVE FROM CONTRACTOR’S SENIOR PROJECT MANAGER OR A FULLY EXECUTED CHANGE ORDER. 11. EVENTS OF DEFAULT a. Should Subcontractor at any time: (1) refuse or fail to provide a sufficient quantity of properly skilled workmen or materials of the proper quality; (2) fail in any respect to perform and complete the Work in strict accordance with the Contract Documents or the Schedule; (3) cause, by any act or omission, any delay, interference or stoppage of Contractor’s operations or those of any other

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subcontractor; (4) fail to strictly comply with all provisions of the Subcontract or the Contract Documents; (5) be adjudged or file for bankruptcy, or make a general assignment for the benefit of its creditors; (6) have a receiver appointed; (7) become insolvent or a debtor in reorganization proceedings; (8) fail to timely pay its employees, lower-tier subcontractors, vendors and suppliers in accordance with the Contract Documents

and applicable law; or (9) fail to provide assurance when requested by Contractor of Subcontractor’s ability to timely complete the Work,

then, Subcontractor shall be in default under the Subcontract. In any such event, after serving two (2) calendar days' written notice, unless the condition specified in such notice shall have been eliminated within such two (2) days, Contractor may without waiving any rights to which it is entitled and without notice to Subcontractor’s surety, if any: (i) take such steps as are necessary to overcome the condition, in which case Subcontractor shall be liable to Contractor for any costs incurred therefor; (ii) terminate the Subcontract for default; and/or (iii) seek specific performance of Subcontractor's obligations hereunder, it being agreed by Subcontractor that specific performance may be necessary to avoid irreparable harm to Contractor and/or Owner.

b. In the event of termination for default, Contractor may: (1) enter on the premises and take possession of all Work, materials and equipment (unless Subcontractor provides sufficient proof

of ownership of any such equipment) of Subcontractor; (2) require Subcontractor to assign to Contractor any or all of its subcontract or purchase orders involving the Project, and/or (3) complete the Work by whatever method Contractor may deem expedient. If, in the reasonable judgment of Contractor, any such default cannot be cured within the time period set forth above, or if Subcontractor abandons the Project, Contractor will notify Subcontractor of default, but Subcontractor shall not have any right to cure such default. In the event of Subcontractor’s default, Subcontractor shall not be entitled to receive any further payment until the default has been cured or the Work fully completed and accepted by Owner. At such time, if the unpaid balance of the Subcontract Price shall exceed the expense incurred by Contractor in connection with Subcontractor’s default, such excess shall be paid by Contractor to Subcontractor. If such expense incurred by Contractor shall exceed the unpaid balance of the Subcontract Price, the, Subcontractor shall pay Contractor the difference within (5) business days following demand by Contractor. Subcontractor shall be liable for all costs incurred by Contractor as a result of Subcontractor’s failure to comply with any provision herein, including attorney’s fees. c. If Contractor exercises any option under Sections 11.a. (i) (ii) or (iii) above, and it is later determined by a court or arbitrator(s) that Subcontractor was not in default, Contractor shall be liable to Subcontractor only for the reasonable value of Work performed by Subcontractor prior to Contractor's election of remedies plus a mark-up not to exceed 15%, less prior payments made. The recovery set forth under this Section 11.c. shall be Subcontractor’s exclusive remedy. SUBCONTRACTOR WAIVES ANY CLAIMS AGAINST CONTRACTOR AND ITS SURETIES (IF ANY) ALLEGING WRONGFUL TERMINATION, LOST PROFITS, OR OTHER CONSEQUENTIAL OR INDIRECT DAMAGES. d. Any default by Subcontractor pursuant to this Subcontract shall constitute a default under any other subcontract or agreement between Contractor and Subcontractor. Contractor shall be entitled to withhold payment under this Subcontract to remedy any default by Subcontractor pursuant to any other agreement with Contractor, and vice versa. e. In the event Contractor performs or corrects all or any portion of Subcontractor’s Work, Contractor shall be entitled to reimbursement from Subcontractor and its surety, if any, for all costs incurred by Contractor in addition to a 15% markup. 12. DISPUTE RESOLUTION a. In the event Subcontractor has any claim, controversy or dispute with Contractor arising from or relating to the Subcontract, Subcontractor shall notify Contractor in writing within five (5) working days after occurrence of the event giving rise to the claim or within the minimum allowable time pursuant to applicable law, whichever is greater. Subcontractor shall continue to prosecute its Work and maintain the Schedule pending resolution of any claim. b. Any claim, controversy or dispute between Subcontractor and Contractor or Contractor’s sureties, if any, arising out of or relating to the Subcontract shall be resolved in accordance with the following:

(1) If the Subcontract Price is equal to or greater than One Million Dollars ($1,000,000.00), Contractor, in its sole discretion, will select either litigation or binding arbitration in accordance with Section 12.c. below upon receipt of written notification from Subcontractor as set forth above. In the event Contractor selects litigation, the case shall tried before a judge. SUBCONTRACTOR HEREBY KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO A JURY TRIAL. The exclusive venue for such litigation shall be Houston, Harris County, Texas.

(2) If the Subcontract Price is less than One Million Dollars ($1,000,000.00) the dispute shall be submitted to binding arbitration in accordance with Section 12.c. below.

c. Any claim, controversy or dispute subject to arbitration shall be submitted before the American Arbitration Association in accordance with its Construction Industry Arbitration Rules (then applicable) and enforceable under applicable arbitration statutes including the Texas Arbitration Act and the Federal Arbitration Act. Contractor may, in its sole discretion, elect either a single arbitrator or a panel of three arbitrators to hear the matter. The exclusive venue for such arbitration shall be in Houston, Harris County, Texas. Subcontractor

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acknowledges and agrees that this agreement to arbitrate is valid and enforceable, and in the event Subcontractor files a lawsuit against Contractor or Contractor’s sureties in any court, Contractor shall be entitled to recover from Subcontractor all attorney’s fees and costs arising out of responding to such lawsuit, including without limitation attorneys’ fees and costs associated with preparing, filing and arguing a motion to compel arbitration and a motion to abate the lawsuit. d. The prevailing party of any dispute shall be entitled to recover its reasonable attorney fees, expert witness fees and costs. Contractor shall be the prevailing party if (1) Contractor is awarded any damages; or (2) Subcontractor is awarded less than 80% of the highest amount sought by Subcontractor in any proceeding. e. In no event shall Contractor be liable to Subcontractor for any consequential or indirect damages. f. Subject to and without waiving the requirements of sections 12.a. and 12.b. if Contractor determines in its sole and absolute discretion that any claim, controversy or dispute involves Owner as a party, Subcontractor consents to joinder in any forum, venue and jurisdiction to which Contractor is bound in disputes with Owner pursuant to the Prime Contract. Subcontractor agrees to be bound to Contractor by all decisions, findings or determinations, by an administrative agency, court of competent jurisdiction, or arbitrator(s), whether or not Subcontractor is a party to the proceedings before said person, agency, court or arbitration. If any dispute or claim is prosecuted or defended by Contractor, Subcontractor agrees to cooperate fully with Contractor and to furnish all documents, statements, witnesses and other information required by Contractor for such purposes and shall pay or reimburse Contractor for all expenses and costs, including reasonable attorneys’ fees, incurred in connection therewith to the extent of Subcontractor’s interest or liability in such claim or dispute. In such case, Contractor may, at its option (1) present such claim to Owner, in Contractor’s name, or (2) authorize Subcontractor to present the claim to Owner, in Contractor’s name, all of Subcontractor’s claims and answer Owner’s claims involving Subcontractor’s work, if Contractor is permitted to do so by the terms of the Contract Documents and law. It is expressly understood and agreed in connection with the determination of such claims or disputes that, as to any and all Work done and agreed to be done by Subcontractor, and as to any and all damages, if any, incurred by Subcontractor in connection with the Project, Contractor shall never be liable to Subcontractor to any greater extent than Owner is liable to Contractor. Any action brought by Subcontractor against Contractor or its sureties shall be stayed/abated pending final resolution of any dispute with Owner. g. In the event any Indemnitee seeks to enforce Subcontractor’s indemnity obligations pursuant hereto, Subcontractor consents and agrees to be bound by any forum, venue or jurisdiction in which the underlying claim is brought. Any such action by an Indemnitee shall not constitute a waiver of the requirements of sections 12.a. and 12.b.above. 13. WARRANTY/CORRECTION OF WORK a. Subcontractor warrants and guarantees that all materials and equipment incorporated in Subcontractor’s Work shall be new and that all work shall be of good quality, free from faults and defects and in strict conformance with the requirements of the Subcontract, the Contract Documents and applicable law. Contractor shall have the right to inspect Subcontractor’s Work and to reject any portion thereof not in accordance with the requirements of the Contract Documents, and Subcontractor, upon the receipt of written notice from Contractor and at its sole expense, shall promptly replace rejected portions of Subcontractor’s Work in a manner satisfactory to Contractor, Architect and Owner. b. Upon the receipt of written notice from Contractor, Subcontractor shall promptly repair and make good in accordance with the Contract Documents any defects that may appear in Subcontractor’s Work within one (1) year after final completion of the Project (as determined in accordance with the Contract Documents), or within such longer period as is required in the Contract Documents or existing law with respect to any specific aspect of Subcontractor’s Work; provided however, that if the warranty period begins on an earlier date under the Contract Documents with respect to Subcontractor’s Work because of early occupancy by Owner, such earlier date shall apply. Said one-year period shall begin anew with respect to any defect so repaired beginning at the time of completion of such repair. Subcontractor shall ensure that the term of any manufacturer warranty for materials and/or equipment supplied by Subcontractor to the Project runs for the entirety of the warranty term required by the Contract Documents. c. Subcontractor, at its sole expense, shall also repair or replace any adjacent work or materials disturbed or damaged during or as a result of any corrective work. The obligation to repair defects in Subcontractor’s Work as described herein shall not limit the obligations of Subcontractor or rights of Contractor or Owner under the Subcontract, the Contract Documents and applicable law. 14. LIENS AND BOND CLAIMS a. In the event liens are filed by any person or entity in connection with labor, material or equipment furnished pursuant to this Subcontract, Subcontractor agrees to have the same released, or discharged by posting a bond with the appropriate authorities within five (5) days of notice. In the event such lien is not so released or discharged, such circumstances shall be deemed an event of default pursuant to Section 11 above. Subcontractor shall indemnify, defend and hold harmless Contractor, Contractor’s sureties and Owner from and against any liability, including without limitation lawsuits, arbitrations, costs, expenses, claims, liens, citations, penalties, fines, attorneys’ fees, losses or other damages for which Contractor, Contractor’s sureties and/or Owner may at any time become liable arising out of any claims for nonpayment of labor, services, materials or equipment provided to, on behalf of or for the account of Subcontractor in connection with the Work. b. If Subcontractor provides a Performance or Payment bond, and Contractor receives any claim for payment from any person or entity in connection with labor, materials or equipment furnished on the Project, Subcontractor’s surety must promptly satisfy all such claims regardless of any dispute between Contractor and Subcontractor. 15. INSPECTION AND ACCEPTANCE

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Subcontractor shall provide appropriate facilities at all reasonable times for inspection by Contractor or Architect or Owner of the Work, whether at the Project site or at any place where such Work or materials may be in preparation, manufacture, storage, or installation. Subcontractor shall promptly replace or correct any Work or materials which Contractor or Owner shall reject as failing to conform to the requirements of the Subcontract. The Work shall be accepted according to the terms of the Contract Documents. However, unless otherwise agreed in writing, entrance and use by Owner or Contractor shall not constitute acceptance of the Work. 16. TERMINATION FOR CONVENIENCE Contractor shall have the right to terminate the Subcontract for convenience by providing Subcontractor with a written notice of termination, to be effective upon receipt by Subcontractor. If the Subcontract is terminated for convenience because there is a termination of the Prime Contract, Subcontractor shall be paid the amount representing costs which are due from Owner for Subcontractor’s Work, as provided in the Contract Documents, after payment therefore by Owner to Contractor. If Contractor terminates Subcontractor for convenience, and the Prime Contract has not been terminated, Subcontractor shall be paid for all Work completed through the date of termination, less any amounts that Contractor is entitled to withhold pursuant to the terms of this Subcontract. 17. APPROVALS a. Subcontractor shall deliver to Contractor copies of shop drawings, cuts, samples, material lists or other submittals required by Contractor or the Contract Documents and in accordance with the Contract Documents within sufficient time so as not to delay performance of the Project or within sufficient time for Contractor to submit the same within the time stated in the Contract Documents, whichever is earlier. Any deviation from the Contract Documents shall be clearly identified on shop drawings. Notwithstanding any review or general approval of Contractor or Owner or Architect, all Work shall be in strict accordance with the Contract Documents. b. Contractor's or Architect’s review or approval of Subcontractor's shop drawings, cuts, samples, material lists or other submittals is only for the convenience of Owner and shall not relieve Subcontractor from responsibility for correction of any deviations from the requirements of the Contract Documents. c. Subcontractor warrants and agrees that it can and will obtain all requisite approvals from Owner as to its eligibility to serve as a subcontractor and the approvals of all materials and performance of the Work as required by the Contract Documents. 18. CLEAN-UP Subcontractor shall clean up its Work and remove all debris resulting from its Work in a manner that will not impede either the progress of the Project or the work of others at the Project. If Subcontractor fails to comply with this Section within twenty-four (24) hours after receipt of notice of noncompliance from Contractor, Contractor may perform such necessary clean-up and deduct the cost thereof from any amounts due to Subcontractor. Subcontractor shall be responsible for safe and proper disposal of any hazardous materials generated by this Subcontract. 19. ASSIGNMENT Subcontractor shall not assign this Subcontract or any amounts due or to become due hereunder without the prior written consent of Contractor and Subcontractor's surety, if any. Contractor may, at Contractor's option, terminate this Subcontract upon knowledge that an assignment has taken place. Notwithstanding anything herein to the contrary, under no circumstances shall any valid assignment of accounts receivable, whether expressly approved or by operation of law, have priority over payment responsibilities to Contractor or any creditors, sub-subcontractors, suppliers, materialmen, or laborers of Subcontractor. Assignees who take an interest in the Subcontract as collateral agree that they shall be paid, after proper notice and presentment under law, only after all sub-subcontractors, suppliers, materialmen, and laborers have been paid, and any claims of Contractor hereunder have been satisfied, and further agrees to repay to Contractor upon demand any amount received in violation of this Section 19. 20. PATENTS AND ROYALTIES Except as otherwise provided by the Contract Documents, Subcontractor shall pay all royalties and license fees which may be due on the inclusion of any patented materials in the Work. Subcontractor shall defend all suits or claims for infringement of any patent rights that may be brought against Contractor or Owner arising from the Work, and shall indemnify Contractor and Owner for all loss, including all costs and expenses, on account thereof. 21. TAXES AND PERMITS The Subcontract Price is inclusive of all sales, use and other taxes of whatever nature arising out of the Work. Except as otherwise provided by the Contract Documents, Subcontractor agrees to pay and comply with and hold Contractor harmless against the payment of all contributions, taxes or premiums which may be payable by it under Federal, state or local laws arising out of the performance of the Subcontract, and all sales, use or other taxes of whatever nature levied or assessed against Owner, Contractor, or Subcontractor arising out of the Subcontract, including any interest or penalties. Subcontractor shall obtain and pay for all permits, licenses, fees and certificates of inspection necessary for the prosecution and completion of its Work, and shall arrange for all necessary inspections and approvals by public officials. 22. GOVERNING LAW AND REGULATIONS

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a. The Subcontract shall be governed by the laws of the State of Texas. b. Subcontractor agrees to be bound by, and, at its own cost, comply with all federal, state and local laws, including immigration laws, codes, ordinances and regulations applicable to the Subcontract and the performance of the Work hereunder including the Occupational Safety and Health Act of 1970. Subcontractor shall be duly licensed to operate under the law of the applicable jurisdictions. Subcontractor shall be liable to Contractor and Owner for all loss, costs and expense attributable to any acts of commission or omission by Subcontractor, its employees and agents resulting from failure to comply with this Section 22.b including, but not limited to, and fines, penalties or corrective measures. 23. LABOR a. Subcontractor, including its subcontractors, vendors and suppliers, shall not employ any individual in connection with the Work to whose employment Owner or Contractor objects. Subcontractor shall not utilize any temporary labor forces in connection with the Work without Contractor’s express written consent. b. Should any workers performing the Work engage in a strike or other work stoppage or cease to work due to picketing or a labor dispute of any kind, said circumstances shall be deemed a material failure to perform on the part of Subcontractor subject to Section 11 above. 24. EQUAL OPPORTUNITY a. Subcontractor agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, disability, color or national origin. The aforesaid provisions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Subcontractor agrees to post hereafter, in conspicuous places, available for employees and applicants for employment, notices, prepared by Subcontractor, and approved by the government when required, setting forth the provision of this Section 24. b. Subcontractor shall permit access to its books, records, and accounts by representatives of Contractor or Owner for purposes of investigation to ascertain compliance with the provisions of this Section 24. c. Subcontractor shall include the provisions of this Section 24 in every lower-tier subcontract and purchase order. The requirements of this Section 24 shall be in addition to any equal opportunity provisions of the Contract Documents. 25. COMMENCEMENT Subcontractor is not authorized to start Work until compliant bonds, insurance certificate(s) and a duly signed Subcontract are delivered to Contractor; however, commencement of the Work shall constitute Subcontractor's agreement to each and every term hereof irrespective of whether this Subcontract is executed by Subcontractor. Subcontractor’s commencement of Work without furnishing any such documents shall not constitute a waiver of such requirements. 26. INTERPRETATION Although drawn by Contractor, this Subcontract shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably and neither more strongly for nor against either party. 27. NOTICES All notices shall be addressed to the parties at the addresses set out herein, and shall be considered as delivered when postmarked, if dispatched by registered mail, or when received in all other cases. SUBCONTRACTOR’S COMPLIANCE WITH THE NOTICE REQUIREMENTS SET FORTH IN THIS SUBCONTRACT SHALL BE A CONDITION PRECEDENT TO SUBCONTRACTOR’S RIGHT TO PURSUE ANY CLAIM. FAILURE TO COMPLY WITH SUCH REQUIREMENTS SHALL CONSTITUTE A WAIVER OF ANY SUCH CLAIM. 28. SEVERABILITY AND WAIVER The provisions of this Subcontract are severable and if for any reason any provision or provisions herein are determined to be invalid, illegal or unenforceable, such determination shall not affect any other provision hereof. The failure of either party to insist upon the performance of any of the terms, covenants, or conditions of this Subcontract, or to exercise any right herein, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right as respects further performance. 29. ADVERTISING Neither Subcontractor, its subcontractors, suppliers nor employees shall take photographs of the work on site, or publish or display advertising matter of any description relating to the Project without first obtaining the written consent of Contractor and Owner. 30. ANTI-BRIBERY PROVISIONS Subcontractor undertakes to protect the standards of business practice of Contractor at all times and to act in such a way as to uphold Contractor's good name and reputation and not to do any act or thing which is intended and/or which in fact causes any damage to or

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brings discredit upon Contractor. In particular, Subcontractor will not: a. Offer or give or agree to give to any director, officer, employee or agent of Contractor or of Owner any gift or consideration of any kind as an inducement or reward for doing or for forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of the Subcontract or any other contract with Contractor or for showing or forbearing to show any favor or disfavor to any person in relation to the Subcontract or any other contract with Contractor. b. Induce or attempt to induce any officer, servant or agent of any private or public body to depart from his duties to his employer or be involved with any such arrangement. Any violation of this Section 30 shall constitute a material default by Subcontractor giving rise to a termination for default pursuant to Section 11 herein. 31. COMPLETE AGREEMENT The Subcontract and the Contract Documents insofar as they relate in any part or in any way to Subcontractor’s Work, constitute the entire agreement between the parties, and it is expressly understood and agreed that there are no other agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes therein shall be effected as set forth in Section 10 of this Subcontract. Nothing herein shall create any third party beneficiaries or third party obligations enforceable against Contractor.