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Anson Independent School District 1431 Commercial Ave Anson, TX 79501 Bid Package (# 07A) Roofing (BUR-Repairs & Engineered Metal Cap Flashing for Elementary, Middle & High School and Administration Building)

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Page 1: Anson Independent School District 1431 Commercial … · Anson Independent School District 1431 Commercial ... Anson Independent School District - 1431 Commercial Ave ... partnership,

Anson Independent School District 1431 Commercial Ave

Anson, TX 79501

Bid Package (# 07A)

Roofing (BUR-Repairs & Engineered Metal Cap Flashing for Elementary, Middle & High School and Administration Building)

Page 2: Anson Independent School District 1431 Commercial … · Anson Independent School District 1431 Commercial ... Anson Independent School District - 1431 Commercial Ave ... partnership,

Anson Independent Schools 1431 Commercial Ave

Anson, TX 79501

Bid Package (#7A) 12/22/14

Table of Contents

Invitation to Bid 1 page

Summary of Work 1 page

Instruction to Bidders 8 pages

Bid Package Document 10 pages

Trade Contractor Qualification Form 3 pages

Subcontract Agreement & Exhibits 69 pages

Preliminary Schedule (See Exhibit “B”) 2 pages

Drawings (See Exhibit “G”) 4 pages

Bid Proposal Form 2 pages

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Invitation to Bid / Advertisement From: Southland Contracting, Inc.: Project Manager – Greg Bonner Owner: Anson Independent School District - 1431 Commercial Ave - Anson, TX 79501 Project: Roof Bid Packages 07A

Southland Contracting, Inc., the Construction Manager, invites prequalified trade contractors to submit sealed proposals for the following:

07A – Roofing (BUR-Repairs & Engineered Metal Cap Flashing for Elementary, Middle & High School and Administration Building Bid Documents will be made available to trade contractors at the Prebid from Southland Contracting, Inc.

Trade Contractors must be prequalified by the Construction Manager in order to be eligible to submit bids for the project. Prequalification forms are immediately available from Richie Hall; all prequalification forms must be turned in no later than seven (7) days prior to bid date. Bonding Requirements: All bidders are required to provide a five percent (5%) bid bond regardless of bid amount; successful bidders are required to provide a hundred percent (100%) labor and material payment bond and performance bond.

PREBID: 04-07-15 at 10:00 AM/Central Time at: Elementary School - 922 Avenue M - Anson, TX 79501

Bid Due Date & Time: 04-24-15 at 4:00 PM/Central Time. Sealed bids will be opened at Southland Contracting, Inc. Office located at: 1843 Commerce Boulevard Midway, Florida 32346 850-562-8278

Visitation to the site will be strictly coordinated through Southland Rowe Companies.

All questions should be sent to the attention of Richie Hall at Southland Contracting, Inc.: [email protected]. (Cell phone: 850-510-4971)

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Anson Independent Schools Page 1of 1 1431 Commercial Ave Anson TX 79501

Anson Independent School District 1431 Commercial Ave

Anson, TX 79501

Bid Package # 07A

Roofing (BUR-Repairs & Engineered Metal Cap Flashing for Elementary, Middle & High School and Administration Building)

Summary of Work: Removal and replacement pre-finished metal parapet coping cap, bitumen base flashing, rigid perlite cant strips, pre-finished counter-flashing, expansion joints, and deteriorated wood soffit in accordance with the Contract Documents. The following specification sections, hereby identified, and other items of work described herein and by other documents define the scope of work for this Bid Package. Furnish and install the components identified by these specification sections and clarified by the balance of this bid package.

a. Specification Sections: Refer to James Ripley Design Plans

dated April 02, 2015. b. Related Specification Sections: Balance of the Contract

Documents. c. Clarification of the work included. The work for this Bid Package

includes, but is not limited to, the following: i. Preparation of all necessary submittal documents, placing

required material orders, receiving and handling deliveries as necessary to meet the required schedules.

ii. Built-up Roofing Base Flashing Repairs. iii. Pre-finished Metal Flashings. iv. Coordination with Trade Contractors.

(For scope specifics, see Exhibit F of the Subcontract)

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Anson Independent Schools 1431 Commercial Ave

Anson, TX 79501

March 15, 2015 Page 1 of 8 Instruction to Bidders

INSTRUCTION TO BIDDERS

1 GENERAL:

.1 Southland Contracting, Inc., Construction Manager, will receive sealed proposals for the portion of the Project on the dates and at the times to be stated and described in the Invitation to Bid. The contract for Work shall be between the subcontractor and Southland Contracting, Inc. The Scope of Work is described in the Form of Agreement between Construction Manager and subcontractor.

.2 The Construction Manager reserves the right to reject any or all bids, accept bids in any order or combination, make

modifications to the work after bidding, and waive any informalities or irregularities in bids if it is deemed in the Owner’s best interest to do so. All bids are subject to the review and approval by the Owner, or their designated representative.

.3 The Construction Manager is Southland Contracting, Inc., 1843 Commerce Blvd. Midway, FL 32343. The Construction

Manager reserves the right to submit a sealed bid, or not to submit, for any bid package for this Project. .4 The Architect is James Ripley Design.

.5 The Owner is Anson Independent School District

2 BIDS:

.1 All bids must be submitted on the Proposal Form supplied by Construction Manager, in duplicate, and shall be subject to all requirements of the Contract Documents. All bids must be regular in every respect; all applicable spaces shall be filled in, and no interlineations, exclusions or special conditions shall be made or included in the Form by the bidder. Conditional bids will not be accepted, nor will oral, telephone or telegraphic bids. Erasures or other changes in the bids must be explained or noted over the signature of the bidder.

.2 Each bidder, by the making his bid, represents that:

.1 He has read and understands the Bidding Documents and his bid is made in accordance therewith.

.2 He has visited the site and has familiarized himself with the conditions under with the Work is to be performed.

.3 His bid is based upon the materials, systems and equipment described or named in the Bidding Documents without exception.

.3 Proposals shall be sealed and plainly marked, “Bid”, with name of project, bid package number, name and address of

bidder, time and date due. If the bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation “BID PACKAGE #XX.X ENCLOSED” on the face thereof, and addressed to the Construction Manager at the address in the Invitation to Bid. To be considered, each envelope shall contain an original and one (1) copy of: .1 Proposal form completed and executed. .2 Bid Security. .3 Bid Proposal Affidavit. .4 If a Bid Bond is not provided, the Bidder must provide alternate bid security and a letter from bonding company

stating that in the event the bidder is awarded the subcontract and is required to provide Payment and Performance Bonds, the bonding company will execute said bonds upon notification of award.

.4 Bids being delivered by special messenger shall be taken to the location described in the Invitation to Bid.

.5 Each bid must be accompanied by the required Bid Security as called for by Article 3 below.

.6 Each copy of the bid shall include the legal name of bidder and a statement whether bidder is a partnership, a joint

venture, a corporation or any other legal entity, and each copy shall be signed by the person or persons legally

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Anson Independent Schools 1431 Commercial Ave

Anson, TX 79501

March 15, 2015 Page 2 of 8 Instruction to Bidders

authorized to bind the bidder to a contract. A bid by a corporation shall give the State of Incorporation, and shall have the corporation’s seal applied to it.

.7 Bids will be opened and read at the time and place stated in the Advertisement. The officer whose duty it is to open them will decide when the specified time has arrived and no bids received thereafter will be considered. No responsibility will be attached to any officer or to the Owner for the premature opening of a bid not properly addressed and identified, or otherwise improper. Bids will be opened in the presence of representatives from the Owner and Construction Manager. A tabulation of bids will be forwarded to all bidders approximately 7 days after the bid opening. The Construction Manager reserves the right to reject any and all bids received and to waive any and all informalities or irregularities in regard thereto.

3 BID SECURITY:

.1 A good faith deposit or Bid Security shall be made payable to Southland Contracting, Inc. as Oblige, in the minimum amount of five percent (5%) of the proposal sum. Security shall be certified, treasurer’s check or bank draft, cashier’s check, or Bid Bond issued by Surety. The successful bidder’s security shall be retained until he has signed the contract and, if required, furnished the Payment and Performance Bonds. The Owner reserves the right to retain bid security of all bidders until the lowest responsive, responsible bidder enters into a contract or until 60 days after bid opening, whichever is sooner. If selected bidder fails to enter into a contract or to furnish approved Performance and Payment Bonds, his bid security may be forfeited as liquidated damages.

.2 Bid Bonds (when provided) shall be accompanied by a Surety’s Bond Affidavit. 4 TIME FOR RECEIVING BIDS:

Time and date for receipt of bid and opening is as set forth in the Invitation to Bid. Bids received after this time will not be accepted.

5 MODIFICATION OR WITHDRAWL OF BIDS:

.1 Bids may be withdrawn or modified or written on telegraphic request dispatched by the bidder and received by the Construction Manager prior to the time for receipt of bids, provided that written confirmation of any telegraphic withdrawal under the signature of the bidder shall be placed in the mail with the postmark prior to the time set for receipt of bids. It shall be worded so as not to reveal the amount of the original bids.

.2 Negligence on the part of the bidder in preparing his bid confers no right for the withdrawal of the bid after it has been opened.

6 PREQUALIFICATIONS OF BIDDERS:

.1 The agreement will only be entered into with responsible subcontractors found to be satisfactory to the Owner and the Construction Manager, qualified by experience and in a financial position to do the work specified. The bidder must, upon request be able to prove his financial ability to carry on the work until such time as he received his first payment, and to finance the work between payments until the contract is completed and accepted.

.2 More than one bid from an individual, firm, partnership, corporation or association under the same different names will not be considered. If more than one such bid is received, only the lowest conforming bid will be considered.

.3 Submittal to the Construction Manager, of completed “Bidder Qualifications Questionnaire” is required of each

interested firm before pre-qualification may be determined. 7 BIDDING DOCUMENTS:

.1 Bidding Documents may be procured from the office of the Construction Manager as stated in the Invitation to Bid, 1843 Commerce Blvd., Midway, Florida 32343.

.2 Bidders may elect to have Bidding Documents sent via federal express shipping collect.

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Anson, TX 79501

March 15, 2015 Page 3 of 8 Instruction to Bidders

.3 The Construction Manager, in making copies of the Contract Documents available on the above terms, does so only

for the purpose of obtaining bids on work, and does not confer a license, or grant permission for any other use.

.4 Contract Documents are as enumerated in the Subcontract. Each bidder shall promptly review all Contract Documents to assure completeness. If, for any reason, an item is missing from the transmitted list, he shall so notify the Construction Manager in writing, who will assist in his receiving missing item (s). Missing items shall not constitute grounds for modification of the contract.

.5 Any addenda issued during the bidding period will be issued ONLY to the bidders and suppliers to whom contract

documents have been provided.

.6 No partial sets of drawings & specifications will be issued. 8 INSPECTION OF SITE: Each bidder shall visit the site (s) of the proposed work and fully acquaint himself with the existing conditions there

relating to construction and labor, and shall fully inform himself as to the facilities involved, the difficulties, restrictions and logical extensions of Scope attending the performance of the contract. Visitation to the site shall be strictly coordinated through Southland Contracting, Inc. The bidder should thoroughly examine and familiarize himself with the drawings, technical specifications and all other Contract Documents. The subcontractor, by the execution of the contract, shall in no way be relieved of any obligation under it due to his failure to receive or examine any form, or legal instrument, or to visit the site and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. Lack of knowledge on the part of the Bidder will in no way relieve him of the obligations and responsibilities assumed under the contract.

9 PRE-BID CONFERENCE:

During the bid period, a pre-bid meeting will be held at the time and place stated in the Notice to Bidders, for the purpose of clarification of Documents. The results of this meeting will be reflected in Addenda issued promptly afterward. Representation by all Contractors desiring to bid the Project is mandatory unless approved prior to meeting.

10 INTERPRETATIONS AND ADDENDA:

.1 Bidders shall promptly notify the Construction Manager of any ambiguity, inconsistency or error which they may discover upon examination of the Contract Documents for each portion of the Project or the site and local conditions. No oral interpretation will be made to any bidder as to the meaning of the Contract Document or any part thereof. Every request for such an interpretation shall be made in writing to Southland Contracting, Inc. 1843 Commerce Blvd., Midway, FL 32343.

.2 Every interpretation made to a bidder will be in the form of an Addendum to the Contract Documents prepared by the Construction Manager with assistance from the Architect (when required) and, when issued, will be on file in all of the offices to which the Contract Documents have been issued. It shall be the bidder’s responsibility to obtain all Addenda issued. All such Addenda shall be listed in the Bid Form in the space provided and shall become part of the contract. Each bidder shall be bound by such Addenda, whether or not received by the bidder. Only a written or telegraphic interpretation or correction by Addendum, or Supplement issued by Construction Manager will be binding.

11 POST BID INFORMATION:

.1 Unless waived by the Owner, the successful bidder for each phase of the Project shall, within ten (10) days of notification of selection, submit the following information to the Construction Manager: .1 Percentage of work to be performed by bidder with his own forces. .2 Proprietary names of the suppliers of principal items, or systems of material and equipment proposed for the

work.

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Anson, TX 79501

March 15, 2015 Page 4 of 8 Instruction to Bidders

.3 List of all sub-subcontractors who will perform work for the bidder and the percentage of work to be performed by each sub-subcontractor.

.4 Insurance Certificate.

.5 Executed Subcontract (Within seven days).

.6 Labor and Material Payment Bond and Performance Bond with Surety’s Bond Affidavits all on approved forms (when required by the Construction Manager).

.7 A complete material cost breakdown for Owner’s use.

.8 Submittal and Schedule Outline.

.9 Schedule of Values in a form acceptable to Construction Manager. Schedule of Values shall be broken down by each building or facility on site. For trades with work both inside and outside of a structure, work and costs associated with the structure shall stop five (5) feet outside the building line. The remainder of the work outside the structure (if any) will be described as “site”.

.2 Prior to the award of contract, Construction Manger will notify the bidder if he, or the Owner, after due investigation,

has reasonable and substantial objection to any person or organization submitted. If such an objection is expressed and if the Construction Manager or the Owner refuses in writing to accept such person, or organization, the bidder may submit an acceptable substitute sub-subcontractor with an increase or decrease in his bid price to cover the difference in cost occasioned by such substitution. The Owner or Construction Manager may, at his discretion, accept the revised bid price or he may disqualify the bidder. In the event of disqualification under this subparagraph, bid security will not be forfeited.

.3 Sub-subcontractors and other persons and organizations proposed by the bidder and accepted by the Construction Manager and Owner, must be used on the work for which they proposed and accepted, and shall not be changed except with the written approval of the Construction Manager and Owner.

.4 The Owner, and/or Construction Manager, reserves the right to remove, or cause to be removed from the Project, any employee of the subcontractor or its sub-subcontractors, whenever it deems, in its sole discretion, such action to be in the best interest of the Project. Such removal of undesirable personnel will in no way change or reduce the obligations of the subcontractor.

12 FORM OF CONTRACT:

.1 The form of Agreement between subcontractor and the Construction Manager is enclosed in the Bid Package Documents. The bidder shall take no exception to the terms and conditions of this Agreement.

.2 Upon execution of the Subcontract Agreement by Construction Manager and successful bidder, the bidder will hereinafter be called the subcontractor and the Construction Manager may also be referenced as the Contractor.

13 AWARD OF CONTRACTS:

.1 It is intended that separate contracts shall be awarded for each bid package and that the work start as soon after award as possible; but bids may be held for a period not to exceed 60 days from the bid opening dates and no bidder may withdraw his bid during these periods without the forfeiture of bid security.

.2 Award of contracts for each portion of the Project will be made to the best and most responsive qualified bidder.

14 LABOR AND MATERIAL PAYMENT BOND AND PERFORMANCE BOND:

.1 The successful bidder may be required to provide a Labor and Material Payment Bond and a Performance Bond, each in the amount of 100% of the contract amount. The bonds shall be issued by a qualified surety company authorized to do business in the State of Florida and acceptable to the Owner and the Construction Manager. If the Payment and Performance Bonds are required, the cost of the bonds will be added to the proposal amount. The premium cost for the Payment and Performance Bonds shall be provided in the spaces provided on the Proposal Form although the bond costs shall not be included in the bid amount. Failure to provide a cost for Payment and Performance Bonds on the Proposal Form may be cause to deem the bidder non-responsive. Bonds and Surety’s Affidavits will be issued on approved standard forms, and shall show the Construction Manager as the oblige.

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March 15, 2015 Page 5 of 8 Instruction to Bidders

.2 Bonds shall extend as a guaranty bond for one year from the date of acceptance of the entire project, or as otherwise stipulated. Refer to the General Conditions for further details concerning Bond requirements.

15 FAILURE TO EXECUTE AN AGREEMENT:

Attempted withdrawal of a bid within 60 days after the date of the opening of bids or the failure to enter into said contract and provide a Performance Bond and a Labor and Material Payment Bond (if required) within ten (10) days after receipt of the notice of the acceptance of his bid, or within such approved extended period as the Construction Manager may grant, shall constitute a default, and the bidder’s Bid Bond or guaranty shall be forfeited to the Owner as liquidated damages. The Construction Manager then may either award the contract to another responsible bidder, or re-advertise for bids, and may charge against the defaulting bidder, the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount due exceeds the amount of the Bid Bond. If a more favorable bid is received by advertising, the defaulting bidder shall have no claim against the Construction Manager.

16 SUBSTITUTIONS/APPROVED MATERIAL OR EQUIPMENT:

.1 Requests for substitutions will be considered only from subcontractors and suppliers on file and only after receipt of the bid. No substitution will be considered unless written request for approval has been submitted by the bidder to the Construction Manager at bid time. Request shall be in the form of an alternate to the base bid and shall be so stated on the proposal form.

.2 Materials, products and equipment described or named in the Bid Documents establish a standard or required

function, dimension, appearance and quality to be met by any proposed substitution. Each bid shall be based upon the materials and equipment described, or named in the Bid Documents. Where systems or products are designated in the Specifications or on the Drawings by reference to trade names, manufacturer’s names, model numbers, catalog numbers, etc. bids shall be based on the specific system or products so designated, and the contract will be awarded on that basis, or substitutions/approved equal material, or equipment approved by Addenda.

.3 Requests for substitutions/approved equal material or equipment will be entertained where the bidder considers that

the proposed substitute will offer better service, more advantageous delivery date, or lesser price, with credit to the Owner, without sacrificing quality, appearance or function. It shall be understood that approval, or rejection is in no way an endorsement, or derogation of the product.

.4 Each substitution/approved equal material or equipment request shall include six complete sets of submittal data;

contain the name of the material or equipment for which it is to be substituted, drawings, cuts, performance and test data, and any other information necessary for evaluation. A statement setting forth any changes in other materials, equipment or work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the proposer. The Architect/Engineer’s decision, made through the Construction Manager, of approval, or disapproval of a proposed substitution shall be final.

.5 If approval is made of any proposed substitution/approved equal material, or equipment, such approval will be set

forth in a written, or telegraphic Addendum to the Contract Documents; issued by Construction Manager. Bidders shall not rely upon approvals made in any other manner.

17 SCHEDULES:

.1 The Project will be scheduled by the Critical Path Method by the Construction Manager. The successful subcontractor will be required to furnish, within 10 days after notification of selection, information necessary to bring about a construction and purchasing schedule allowing for completion of the Project within the time allowed on the Master Project CM Schedule. Information shall be in a form acceptable to the Construction Manager. The Construction Manager will require the subcontractor to review the Construction Manager’s CPM Schedule, at intervals required by the progress of the Work.

.2 The progress of the subcontractor is critical to the progress of the Project. Therefore, the schedule shown in the

contract Scope of Work must be met. 18 PERMITS:

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March 15, 2015 Page 6 of 8 Instruction to Bidders

Unless otherwise provided in the Contract Documents, the Construction Manager shall secure and pay for the building

permit and impact fees. The subcontractor shall secure and pay for all other permits, (i.e. electrical, mechanical, etc.) governmental fees, licenses and inspections necessary for the proper execution and completion of the Work.

19 ENGINEERING:

.1 Each bidder must include in his proposal all costs for verifying the suitability of the Work by others which affects the subcontractor’s work, and perform all engineering, and surveying and field measurements which may be required to complete the Work.

.2 Basic reference points and bench marks will be provided by Construction Manager. Subsequent surveying and field

measurements from these points will be the responsibility of each subcontractor. 20 INSURANCE: The successful bidder shall provide General and Automobile Liability and Worker’s Compensation insurance as outlined in

Subcontractor Agreement Exhibit D. Certificates of Insurance shall be on a form acceptable to the Construction Manager and shall provide an unconditional 30 days written notice of cancellation.

21 UNIT PRICES: Unit prices, if requested in the Bid Documents, shall be used, where applicable, to pay for completed work contained in

the Contract Documents, or to make adjustments to the cost of the Work of the contract due to changes to the Work required by the drawings and specifications. The prices shall be predicated upon the materials, methods and standards of quality set forth in the specifications. Unit prices submitted shall be reasonable within the range of the current pricing in the region for the complete in-place work. Unit prices shall include all costs for overhead, profit, all applicable federal, state, municipal or local taxes, labor material, equipment and any other incidentals related to completion of the work. Unit prices for deletions shall be the same as unit prices for additions. The selected bidder for each bid package shall hold his unit prices for the life of the subcontract agreement. Unit prices will not be consideration in selecting the low bidder or as a basis of award of contract. The Owner and Construction Manager reserve their right to reject any unit price if considered excessive or unreasonable or to accept any and all such unit prices which may be considered fair and reasonable.

22 ALTERNATES:

.1 Alternates if requested are to enable the Owner to compare total costs where alternate materials and methods might be used. Alternates will be described on the drawings and Exhibit “C” & “F” of the Subcontract Agreement Alternate prices are all inclusive (all OH & P). .1 The successful bidder shall not modify, withdraw or cancel any of the alternate bids, for 120 days (unless a

longer duration is identified in a specific alternate) after the date of Notice of Award. .2 Subcontractor shall be responsible for any changes in the Work affected by acceptance of these alternates.

Claims for extras resulting from changes caused by the alternates will not be considered. .3 The Owner’s selection of any alternate does not relieve the subcontractors of timely completion of the Project

within the time periods indicated.

.2 Materials and methods to be used in the Base Bid and in the Alternates are described in the contract documents. 23 RIGHT TO WORK:

Consideration and acceptance of contracts shall be without regard as to whether or not the subcontractors or its employees are members of a labor union or labor organization. It shall not be a condition of making any bid or proposal, or for performance of work, that any person be a member of a labor union or labor organization.

24 MATERIAL, SUPPLIES & EQUIPMENT – OWNER’S SALES TAX EXEMPTIONS

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March 15, 2015 Page 7 of 8 Instruction to Bidders

.1 Bidder shall include State and other applicable sales taxes for all material, supplies and equipment included in the Work.

.2 If the Owner is tax exempt and exercises his right to purchase directly various construction materials, supplies and

equipment that may be a part of this contract, then the Construction Manager will act as the Purchasing Agent for the Owner. The Owner will, via his purchase orders, purchase the materials, and each subcontractor shall assist Construction Manger in the preparation of purchase orders. The materials shall be purchased from the vendors/suppliers selected by the subcontractor, for the prices negotiated by the subcontractor.

.3 The contract amount shall be reduced by the net, undiscounted amount of the purchase orders, plus all sales taxes.

Issuance of the purchase orders by the Owner shall not relieve the subcontractor of any of his responsibilities regarding material purchases, or installation, with the exception of the payments for the materials so purchased. Subcontractor shall remain fully responsible for coordination, correct quantities ordered, submittals, protection, storage, scheduling, shipping, security, expediting, receiving, installation, cleaning and all applicable warranties.

.4 The material supplier may be required to provide a supply bond in the amount of 100% of the purchase order price.

The bond shall be from a qualified surety company authorized to do business in the State and acceptable to the Owner and Construction Manager. If the supply bond is required, the cost of the bond will be added to the amount of the purchase order. The premium cost for the supply bond should not be included in the bid price. Verifying that a designated material supplier can furnish a supply bond (if required) will be the responsibility of the subcontractor.

25 OTHER OWNER-FURNISHED EQUIPMENT

.1 Certain items scheduled in the Contract Documents are to be furnished directly by the Owner, to the project site unless otherwise indicated, and are to be received and installed by the subcontractor.

.2 Within fifteen (15) calendar days after receipt of notification of selection for the award of a contract for the Work, the

subcontractor shall submit to the Construction Manager, a schedule, giving desired dates for delivery of Owner- furnished items. Approved dates of delivery shall be confirmed to the Construction Manager 30 days prior to delivery, by subcontractor. Subcontractor shall accept delivery on the established dates or be responsible for any damage resulting from his failure to take delivery of the shipment established dates. Promptly upon delivery, the subcontractor, jointly with the Construction Manager, shall inspect the materials or equipment for possible shortage or damage in transit. If shortage or damage is found, subcontractor shall follow the instructions of the bill of lading for reporting to the carrier. Subcontractor shall submit a complete receiving report acceptable to the Construction Manager.

.3 Subcontractor shall receive, store, protect, secure and unload the items, sign for, provide additional transportation

required, uncrate, assemble, locate in place and install, or connect ready for operation and use and clean for final inspection. For details of construction and installation of each item, see drawings and standard details. Installation or connection shall be in accordance with specifications for such work, including fitting to adjacent work and any signed for on Owner’s “Receiving Ticket” form, as well as Shipper’s packing slip. The receiving person’s name and company must be legibly shown on all such documents.

26 SEQUENCE OF CONSTRUCTION:

The sequence of construction shall be as outlined in the CPM Schedule. 27 APPRENTICE LABOR REQUIRMENTS:

This project shall be subject to apprentice labor requirements as enumerated in Chapter 446.011 – 446.092 of the Florida Statues, and its amendments, and as administered by the State of Florida Department of Education, Division of Workplace Development. The Subcontractor is hereby instructed to become familiar with the conditions contained in the aforementioned documents and to abide by them under penalty of law.

28 DISQUALIFICAITON OF BIDDERS:

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March 15, 2015 Page 8 of 8 Instruction to Bidders

.1 Any or all Proposals may be rejected if there is reason to believe that collusion exists among the Bidders. Participants in such collusion will not be considered in future Proposals for the same Work. Proposals in which prices are obviously unbalanced may be rejected by the Owner.

.2 Falsification of any entry made on Bidder’s Prequalification Statement or Proposal will be deemed a material

irregularity and will be grounds for rejection. 29 DRUG FREE WORKPLACE CERTIFICATION:

Bidders shall provide evidence for certification of a drug free workplace. Preference may be given to business with drug-free workplace programs whenever two or more bids which are equal with respect to price, quality, service and location are received for the procurement of a Subcontract for this project.

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Bid Package (# 07A)

Roofing (BUR-Repairs & Engineered Metal Cap Flashing for Elementary, Middle & High School and Administration Building)

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Anson, TX 79501

Bid Package (#7A) 12/22/14 Page 2 of 10

PROJECT SUMMARY This Bid Package includes all labor, materials, equipment, and other services required to furnish and install complete all items required for a BUR Repairs & Engineered Cap Flashing. DEFINITION, CORRELATION AND INTENT The following requirements form a part of the Contract Documents for, and refer solely to, the Work of the above entitled Bid Package. All information contained herein is provided for the purpose of defining and describing the work which shall be included in the Scope of Work of this Bid Package and to identify certain specific information which bidders will be required to furnish as a part of their Proposal for this Work as described in the Contract Documents. It is intended that the requirements of the Section shall be complementary to, and shall be correlated with the requirements of all other Contract Documents referenced herein and made part of the Contract. BID PACKAGE (#07A): (Built-Up Base & Metal Flashings) For the storm damage repairs for the Anson Independent School District located at Anson Elementary, Middle, High School & Administrative Complex Anson, TX 79501 all in full accordance with: 1.) Architectural Plan Sheets dated April 02, 2015 prepared by James Ripley Design 2.) All conditions of this bid package and the technical specifications located within plans dated January 06, 2015 including Instructions to Bidders, General Conditions of the Contract for Construction, Special Conditions, and the Agreement between the Trade Contractor and Construction Manager. SCHEDULED SCOPE OF WORK

1. General: Furnish and install complete, including all miscellaneous accessories, the work required for the performance of all Bid Package (#07A) activities scheduled for the complete construction of the four (4) projects.

2. Description of work:

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Anson Independent Schools 1431 Commercial Ave

Anson, TX 79501

Bid Package (#7A) 12/22/14 Page 3 of 10

Removal and replacement pre-finished metal parapet coping cap, bitumen base flashing, rigid perlite cant strips, pre-finished counter-flashing, expansion joints, and deteriorated wood soffit in accordance with the Contract Documents. The following specification sections, hereby identified, and other items of work described herein and by other documents define the scope of work for this Bid Package. Furnish and install the components identified by these specification sections and clarified by the balance of this bid package.

a. Specification Sections: Refer to James Ripley Plans dated

January 06, 2015. b. Related Specification Sections: Balance of the Contract

Documents. c. Clarification of the work included. The work for this Bid Package includes,

but is not limited to, the following: i. Preparation of all necessary submittal documents, placing

required material orders, receiving and handling deliveries as necessary to meet the required schedules.

ii. Built-up Roofing Base Flashing Repairs. iii. Pre-finished Metal Flashings. iv. Coordination with Trade Contractors.

(For scope specifics, see Exhibit F of the Subcontract)

3. Basis of Bid: The lump sum total for all work called for in this bid package.

4. SCHEDULE:

a. The work on site for this project shall commence on or before April 20, 2015 and be substantially complete on or before September 18, 2015. Refer to attached preliminary schedule for more details.

b. It is the responsibility of the Trade Contractor to ensure all submittals are provided timely for the purpose of meeting the above dates including times required for processing and evaluation of submittals by the Architect/Engineer and ample time for manufacture and delivery.

c. By submittal of a bid for the work represented in this Bid Package, the Trade Contractor represents that he has availability and will commit the necessary resources in a timely manner, including manpower, equipment, materials, and paperwork required to complete all work under this contract not later than the referenced date.

d. The Trade Contractor shall be responsible for the payment of any premiums necessary for expedited or special delivery of all materials, equipment, controls, services or other items as necessary to complete his work in accordance with the project schedule. In the event the Trade

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Anson, TX 79501

Bid Package (#7A) 12/22/14 Page 4 of 10

Contractor determines that he cannot secure any of these items within the time frame necessary to complete the work as scheduled, he shall qualify his proposal by way of attachment of a letter identifying this condition.

5. SPECIAL CONDITIONS

a. Document Order of Precedence In the event of any conflict or discrepancy in the provisions of the Contract Documents, the Documents shall be interpreted on the basis of the following order of priority:

1. Agreement between Construction Manager and the trade Contractor, including properly signed Change Orders thereto.

2. Contract between Owner and the Construction Manager. 3. Proposal. 4. Addenda, with those dated later having higher priority. 5. Bid Package. 6. Instructions to Bidders. 7. Specifications. 8. Drawings; large scale details and/or schedules. 9. Drawings; small scale.

b. Bid Bond/Labor and Material Payment and Performance Bond A bid bond in the amount of 5% of amount bid for all will be required. A labor and Material Payment and Performance Bond, for the full amount of the contract, will be required by the successful bidder. Furnish the cost of the payment and performance bond as a net add to the base bid. Costs of bonds are not to be included in the base bid. c. Work Hours For the purposes of this project, “normal” working hours shall be 7:00 A.M. to 5:00 P.M. daily, Monday thru Friday except holidays. Specific holidays are: all Federal Holidays. Any overtime require by the Trade Contractor shall be arranged with the Construction Manager a minimum 24 hours in advance of performance of any work after normal hours. Overtime performed by the Trade Contractor to maintain the project schedule will be supervised at no additional charge by the Construction Manager provided the overtime work is not a result of the Trade Contractors failure to provide a sufficient workforce to maintain their work as scheduled. d. Cleanup The Trade Contractor shall be responsible for the daily cleanup and removal of all debris from the project site resulting from the performance of his work and into the job site dumpsters provided by Construction Manager. If the Trade Contractor should fail to perform cleanup in accordance with this provision, the Construction Manager may perform the Trade Contractors

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Anson Independent Schools 1431 Commercial Ave

Anson, TX 79501

Bid Package (#7A) 12/22/14 Page 5 of 10

cleanup and deduct all cost from the Contract balance. Cleanup labor will be back-charged at a rate of $18.00/hour plus the cost of supervision. e. Equipment The Trade Contractor shall furnish and maintain in good mechanical condition, all equipment complete with back-up alarms, horns, seat belts, all terrain tires, and qualified operators to complete the scope of work in this Bid Package. Provide equipment certifications/maintenance schedules and operator certificates included with submittals. f. Layout All layout, engineering, and surveying required for the scope of work included in this Bid Package shall be provided by the Trade Contractor. All work shall be done to the tolerances specified or per industry standards, whichever is more stringent. g. Lifting Operations (Material & Personnel) This Trade Contractor is responsible for all of his own hoisting, rigging, scaffolding, staging, temporary safety protection, personnel and material hoisting equipment, and small tools necessary to perform this work except as otherwise noted. This Trade Contractor shall request a Readiness Review for all major lifting operations of any kind. These reviews are mandatory and shall be scheduled with the Construction Manager prior to any lifting operations occurring. All lifting operations shall be in accordance with the Construction Managers Safety Policy (Exhibit H). h. Site Access/Staging/Parking All site access, staging, and parking will be at the direction of the Construction Manager. i. Temporary Services Temporary Services provided by the Construction Manager/Owner include, sanitary facilities, lighting, power, and water. All other temporary services necessary for the performance of the work shall be provided by the Trade Contractor. (See Exhibit A for more details.) j. Material Delivery Schedule A material delivery schedule shall be developed and provided to the Construction Manager for review in regards to this Bid Package. In addition to the material delivery schedule, the following documentation shall be provided to the Construction Manager within 72 hours of receipt of the Trade Contractors approved submittals:

1. Provide a copy of your purchase order to your supplier or suppliers for orderings with a complete Bill of Materials.

2. Provide a ship date. 3. Provide an estimated delivery.

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Anson Independent Schools 1431 Commercial Ave

Anson, TX 79501

Bid Package (#7A) 12/22/14 Page 6 of 10

4. Provide tracking information. All material delivery status reports shall be submitted with the monthly progress payment application. It shall confirm that all material deliveries are on schedule per the Material Delivery Schedule. k. Liquidated Damages Liquidated Damages will be assessed to the Trade Contractor by the Construction Manager for every day after the contracted completion date that work is not complete. Please see condition 5.3.5 of the subcontract agreement that is incorporated as part of the bid documents regarding Trade Contractor responsibilities.

l. Harmony The Trade Contractor shall exert every reasonable and diligent effort to assure that all labor employed by the Trade Contractor for work on the Project shall work in harmony with and be compatible with all other labor being used by separate Trade Contractors, by the Owner’ own force, and all Construction Management Staff on the site of the Project. The Trade Contractor shall include this harmony provision in all contracts with Subcontractors; provided, however, that this provision shall not be interpreted or enforced so as to deny or abridge, on account of membership or non-membership in any labor union or labor organization, the right of any person to work as guaranteed by Article I, Section 6 of the Florida Constitution.

m. Stored Material Compensation for stored materials will only be provided if all the following requirements are met:

1. Delivery receipts for the materials are provided. 2. Invoices for the material are provided. 3. The material is stored onsite or at an offsite location with written

approval from the Construction Manager. If the materials are stored at an offsite location, photo documentation of the materials must be presented to the Construction Manager prior to compensation.

This information must be provided with the corresponding Payment Request.

n. Construction Trade Contractor Meetings The Trade Contractors assigned Superintendent and Project Manager are required to attend all meeting scheduled by the Construction Manager that require the Trade Contractors attendance. o. Supervision All trade contractors are required to provide competent supervision onsite for the duration of the Trade Contractor’s work. Superintendent qualifications shall be submitted to the Construction Manager prior to the start of the Trade Contractor’s work. The Construction Manager reserves the right to review

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Anson Independent Schools 1431 Commercial Ave

Anson, TX 79501

Bid Package (#7A) 12/22/14 Page 7 of 10

the qualifications and determine the proposed Superintendents ability to supervise the Trade Contractor’s work. If the Construction Manager determines that the supervisor is not qualified to oversee the work, the Trade Contractor shall propose another Superintendent. p. Protection of Work The Trade Contractor shall provide and maintain protection of adjacent surfaces and other work throughout the performance of this work. If necessary, the Trade Contractor shall provide protection of work listed in this Bid Package to avoid damages prior to the completion of the project. q. Blocking The Trade Contractor shall furnish and install all blocking, backing, or nailers required for the secure and complete installation of this work. Coordinate this work with the structure or partition Trade Contractor accordingly. Utilize fire resistant wood as required to meet local building codes. Use pressure treated wood at all locations where blocking, backing or nailers are exposed to moisture. r. Miscellaneous Items This Trade Contractor will furnish and install all supports, brackets, embeds, hangers, strapping, fasteners, anchor bolts, ties, sleeves, etc. required for the installation of this work.

s. Dissimilar Materials Provide isolation for dissimilar materials in all instances where required. t. Coordination, Nuisance and Traffic Control All work includes the provision of coordination, nuisance control and traffic control as specified. This includes required coordination with State, County, or City governmental departments to comply with all traffic and building codes. Provide flagmen as necessary. u. OSHA Standards All scaffolding, hoisting equipment and personnel protective equipment required to perform this work shall meet OSHA standards. v. Trade Contractor Daily Reports This Trade Contractor shall complete a Subcontractor's Daily Report and update As-Built Drawings and submit to the Construction Manager’s Superintendent by 8:00AM the next working day for each day of activity on this project. Failure to comply will be reason for withholding progress payments. w. Safety

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Anson, TX 79501

Bid Package (#7A) 12/22/14 Page 8 of 10

A safety meeting between the Trade Contractor and the Construction Manager shall take place prior to any work included in this Bid Package beginning. A safety plan shall be established for the specific project and the Trade Contractor must submit a copy of their company’s safety manual. Weekly onsite safety meetings (tool box talks) will be held by the Construction Manager and all employees of the Trade Contractor, working on the project, are required to attend if they have performed work on the project anytime during the week of that meeting. The Trade Contractor can hold their own weekly safety meetings in lieu of attending the Contract Managers, however, the Trade Contractor must submit a copy of the attendance sheet and material covered from the meeting to the Construction Manager’s Superintendant within 24 hours of when the meeting was held. The Trade Contractor shall furnish all shoring, bracing, barricades, and field quality control requirements necessary to safely and productively perform this work. Properly barricade all construction areas. Include warning signs as necessary. x. Quality Control Maintain an effective Quality Control Program to assure compliance with the Contract Documents, shop drawings and industry standards. The Trade Contractor will monitor and enforce quality, safety and effective team integration to produce an efficient project that maintains the highest quality standards. Nothing less will be tolerated.

y. Cutting or Drilling of Structural Members No cutting or drilling of holes in structural members will be permitted unless written permission from the he Architect/Engineer has been obtained. z. Sleeves and Blockouts Include all sleeves and blockouts for your work. aa. Cutting and Patching Include all cutting and patching for your work. Seal all penetrations as specified and as required to maintain rating of adjacent assemblies. bb. Coordination Drawings This contractor shall assist other trades in developing underground and above ceiling coordination drawings. The purpose of these drawings is to minimize conflicts during construction. cc. Access Panels This Trade Contractor will furnish all access panels related to this scope of Work or otherwise required to gain access to components of this Scope of Work to the Masonry Trade Contractor for installation by the Masonry Trade Contractor if in a masonry wall, or to the Drywall Trade Contractor if in a drywall wall. Access panels must have the same fire and security rating as

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Anson, TX 79501

Bid Package (#7A) 12/22/14 Page 9 of 10

the assembly into which it is being installed. Coordination of the installations is this Trade Contractor's responsibility. Include all necessary hardware, loose pieces, trim, etc. for complete installation. dd. Roof Penetrations Include all accessories for your roof penetrations. Coordinate size and location with roofing contractor. Provide all blocking and backing required to install your work. Use pressure treated wood & fire retardant paint where required. ee. Excavation, Backfill and Compaction Include all necessary excavation, backfill and compaction for your work. ff. Sealants Include all caulking and sealants related to your work. gg. Fire Rating This Subcontractor will furnish and install necessary patching, fire caulking and fire stopping as required to maintain the U.L. fire ratings of each assembly or seal opening where piping, duct, etc. passes through floors, roofs, walls, rated assemblies, etc.

hh. Submittals All submittals for the scope of work required by this Bid Package shall be delivered, in one complete package, to the Construction Manager. Deliver all submittals within 5 working days of receipt of the initial, unexecuted Subcontract Agreement by the Trade Contractor. For more detailed information regarding submittals refer to the Submittal Specification 01340. ii. Closeout All operation and maintenance manuals are required to be submitted not later than 30 days prior to Substantial Completion. All closeout documents are required to be submitted not later than 30 days prior to Final Completion. For more detailed information regarding closeout refer to the Project Closeout Specification 01700. jj. Substantial Completion Requirements All Trade Contractors are required to participate in Substantial Completion Inspection by the Owner/Architect. A pre-Substantial Completion Inspection will be held by the Construction Manager, with each Trade Contractor, five days prior to the Substantial Completion Inspection by the Owner/Architect. Failure to comply with these requirements will be cause for withholding progress payments by the Construction Manager.

6. Appendix: The following are incorporated into this bid package.

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Anson Independent Schools 1431 Commercial Ave

Anson, TX 79501

Bid Package (#7A) 12/22/14 Page 10 of 10

a. Invitation to Bid b. Summary of Work c. Instructions to Bidders d. Trade Contractor Qualification Form e. Subcontract with Exhibits f. Plans and Specifications – See Exhibit G in Subcontract. g. Bid Proposal Form h. Preliminary Schedule – See Exhibit B in Subcontract.

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Southland Contracting, Inc. 1843 Commerce Blvd. Midway, Florida 32343 Phone:  (850)562‐8278 Fax:  (850)562‐5472 

Trade Contractor Qualification Form 

 

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Southland Contracting, Inc. 1843 Commerce Blvd. Midway, Florida 32343 Phone:  (850)562‐8278 Fax:  (850)562‐5472 

Trade Contractor Qualification Form  

 

 

 

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Southland Contracting, Inc. 1843 Commerce Blvd. Midway, Florida 32343 Phone:  (850)562‐8278 Fax:  (850)562‐5472 

Trade Contractor Qualification Form  

 

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Standard Form of Agreement Between Anson Independent Schools Page 1 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

STANDARD FORM OF AGREEMENT BETWEEN CONTRACTOR AND SUBCONTRACTOR

(Where the Contractor and Subcontractor Share the Risk of Owner Payment)

TABLE OF ARTICLES

1. AGREEMENT 2. SCOPE OF WORK 3. SUBCONTRACTOR'S RESPONSIBILITIES 4. CONTRACTOR'S RESPONSIBILITIES 5. PROGRESS SCHEDULE 6. SUBCONTRACT AMOUNT 7. CHANGES IN THE SUBCONTRACT WORK 8. PAYMENT 9. INDEMNITY, INSURANCE AND WAIVER OF SUBROGATION 10. CONTRACTOR'S RIGHT TO PERFORM SUBCONTRACTOR'S RESPONSIBILITIES AND TERMINATION OF AGREEMENT 11. DISPUTE RESOLUTION 12. MISCELLANEOUS PROVISIONS 13. EXISTING SUBCONTRACT DOCUMENTS

This Agreement has important legal and insurance consequences. Consultation with an attorney and an insurance consultant is encouraged with respect to its completion or modification.

ARTICLE 1 AGREEMENT

This Agreement is made this day of in the year , by and between the CONTRACTOR Southland Contracting, Inc. 1843 Commerce Boulevard Midway, Florida 32343 and the SUBCONTRACTOR Name Address for services in connection with the SUBCONTRACT WORK Roofing (BUR-Repairs & Engineered Metal Cap Flashing for Elementary, Middle & High School and Administration Building PROJECT Anson Independent School District Storm Damage Repairs Project No: O14AN

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Standard Form of Agreement Between Anson Independent Schools Page 2 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

whose OWNER is Anson Independent School District 1431 Commercial Ave. Anson, TX 79501 ARCHITECT for the Project is James Ripley Design 234 Meadowbay Court Lake Mary, FL 32746 Notice to the parties shall be given at the above addresses. Subcontract Bond Requirement: Required Not Required . (Reference Article 3.27) Contractors Representative is: . (Reference Article 4.1) Subcontract Amount is ($0.00). (Reference Article 6) Allowable Overhead and Profit on Subcontract Adjustments percent (2 0.0%). (Reference Article 7.6) Retained Percentage: Percent (10.0%). (Reference Article 8.2.2)

ARTICLE 2 SCOPE OF WORK

2.1 SUBCONTRACT WORK: The Contractor contracts with the Subcontractor as an independent contractor to provide all labor, materials, equipment and services necessary or incidental to complete the work as generally described in Article 1 and as explicitly described in Exhibit F for the Project in accordance with, and reasonably inferable from, that which is indicated in the Subcontract Documents, and consistent with the Progress Schedule, as may change from time to time. The Subcontractor shall perform the Subcontract Work under the general direction of the Contractor and in accordance with the Subcontract Documents. 2.2 CONTRACTOR'S WORK: The Contractor's work is the construction and services required of the Contractor to fulfill its obligations pursuant to its agreement with the Owner (the Work). The Subcontract Work is a portion of the Work. 2.3 SUBCONTRACT DOCUMENTS: The Subcontract Documents include this Agreement, the Owner-Contractor agreement, special conditions, general conditions, specifications, drawings, addenda, Subcontract Change Orders, amendments and any pending and exercised alternates. The Contractor shall make available to the Subcontractor, prior to the execution of the Subcontract Agreement, copies of the Subcontract Documents to which the Subcontractor will be bound. The Subcontractor similarly shall make copies of applicable portions of the Subcontract Documents available to its proposed subcontractors and suppliers. Nothing shall prohibit the Subcontractor from obtaining copies of the Subcontract Documents from the Contractor at any time after the Subcontract Agreement is executed. The Subcontract Documents existing at the time of the execution of this Agreement are set forth in Article 13. 2.4 CONFLICTS: The Contract Documents and this Subcontract shall be read and interpreted together. If there is a conflict regarding the scope of the Work, the document requiring the more extensive work shall prevail unless the Contractor directs otherwise. Otherwise, this Subcontract shall govern in the event of any conflict between the Contract Documents and Subcontract pertaining to the relationship between Contractor and Subcontractor. 2.5 EXTENT OF AGREEMENT: Nothing in this Agreement shall be construed to create a contractual relationship between persons or entities other than the Contractor and Subcontractor. This Agreement is solely for the benefit of the parties, represents the entire and integrated agreement between the parties, and supersedes all prior negotiations, representations, or agreements, either written or oral.

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Standard Form of Agreement Between Anson Independent Schools Page 3 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

2.6 DEFINITIONS:

.1 Wherever the term Progress Schedule is used in this Agreement, it shall be read as Project Schedule when that term is used in the Subcontract Documents.

.2 Whenever the term Change Order is used in this Agreement, it shall be read as Change Document when that term is used in the Subcontract Documents.

.3 Unless otherwise indicated, the term Day shall mean calendar day.

2.7: The Subcontractor agrees that all work shall be done subject to the final approval of the Architect/Engineer. The Architect's/Engineer's decisions in matters relating to artistic effect shall be final if consistent with the intent of the contract documents. The general contractor will not ask the owner to accept work by this Subcontractor that is sub-standard or of poor workmanship. If required by the general conditions of the contract documents, this Subcontractor shall prepare and submit to the Contractor a quality control plan.

ARTICLE 3 SUBCONTRACTOR'S RESPONSIBILITIES

3.1 OBLIGATIONS: The Contractor and Subcontractor are hereby mutually bound by the terms of this Subcontract. To the extent the terms of the prime contract between the Owner and Contractor apply to the work of the Subcontractor, then the Contractor hereby assumes toward the Subcontractor all the obligations, rights, duties, and redress that the Owner under the prime contract assumes toward the Contractor. In an identical way, the Subcontractor hereby assumes toward the Contractor all the same obligations, rights, duties, and redress that the Contractor assumes toward the Owner and Architect/Engineer under the prime contract. In the event of an inconsistency among the documents, the specific terms of this Subcontract shall govern. 3.2 RESPONSIBILITIES: The Subcontractor agrees to furnish its best skill and judgment in the performance of the Subcontract Work and to cooperate with the Contractor so that the Contractor may fulfill its obligations to the Owner. The Subcontractor shall furnish all of the labor, materials, equipment, and services, including but not limited to, competent supervision, shop drawings, samples, tools, and scaffolding as are necessary for the proper performance of the Subcontract Work. The Subcontractor shall provide the Contractor a list of its proposed subcontractors and suppliers, and be responsible for taking field dimensions, providing tests, obtaining required permits related to the Subcontract Work and affidavits, ordering of materials and all other actions as required to meet the Progress Schedule. 3.3 INCONSISTENCIES AND OMISSIONS: The Subcontractor shall make a careful analysis and comparison of the drawings, specifications, other Subcontract Documents and information furnished by the Owner relative to the Subcontract Work. Should the Subcontractor discover any errors, inconsistencies or omissions in the Subcontract Documents, the Subcontractor shall report such discoveries to the Contractor in writing prior to executing this agreement. Upon receipt of notice, the Contractor shall instruct the Subcontractor as to the measures to be taken and the Subcontractor shall comply with the Contractor's instructions. If the Subcontractor performs work knowing it to be contrary to any applicable laws, statutes, ordinances, building codes, rules or regulations without notice to the Contractor and advance approval by appropriate authorities, including the Contractor, the Subcontractor shall assume appropriate responsibility for such work and shall bear all associated costs, charges, fees and expenses necessarily incurred to remedy the violation. Nothing in this Paragraph 3.3 shall relieve the Subcontractor of responsibility for its own errors, inconsistencies and omissions. 3.4 SITE VISITATION: Prior to performing any portion of the Subcontract Work, the Subcontractor shall conduct a visual inspection of the Project site to become generally familiar with local conditions and to correlate site observations with the Subcontract Documents. If the Subcontractor discovers any discrepancies between its site observations and the Subcontract Documents, such discrepancies shall be promptly reported to the Contractor. Site visitation to be strictly coordinated with SCI.

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Standard Form of Agreement Between Anson Independent Schools Page 4 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

3.5 INCREASED COSTS AND/OR TIME: If the Subcontractor fails to perform the reviews and comparisons required in Paragraphs 3.3 and 3.4, above, to the extent the Contractor is held liable to the Owner because of the Subcontractor's failure, the Subcontractor shall pay the costs and damages to the Contractor that would have been avoided if the Subcontractor had performed those obligations. No change order will be issued based upon omissions and/or discrepancies in the plans and specifications. By executing this agreement, the subcontractor acknowledges that is has reviewed the plans and specifications for such omissions and/or discrepancies. 3.6 COMMUNICATIONS: Unless otherwise provided in the Subcontract Documents and except for emergencies, Subcontractor shall direct all communications related to the Project to the Contractor. 3.6.1 The Subcontractor shall not communicate with the Owner, the lender or their representatives without the knowledge and consent of the Contractor. Such action is cause for immediate termination of this agreement/subcontract.

3.6.2: The Subcontractor agrees to provide the Contractor, immediately after signing the subcontract, a complete address where correspondence pertaining to this subcontract may be sent and telephone numbers where the subcontractor may be reached within a few hours. This must be maintained during the life of the contract.

3.7 SUBMITTALS:

3.7.1: The Subcontractor promptly shall submit for approval to the Contractor all shop drawings, samples, product data, manufacturers' literature and similar submittals required by the Subcontract Documents. The Subcontractor shall be responsible to the Contractor for the accuracy and conformity of its submittals to the Subcontract Documents. The Subcontractor shall prepare and deliver its submittals to the Contractor in a manner consistent with the Progress Schedule and in such time and sequence so as not to delay the Contractor or others in the performance of the Work. The approval of any Subcontractor submittal shall not be deemed to authorize deviations, substitutions or changes in the requirements of the Subcontract Documents unless express written approval is obtained from the Contractor and Owner authorizing such deviation, substitution or change. In the event that the Subcontract Documents do not contain submittal requirements pertaining to the Subcontract Work, the Subcontractor agrees upon request to submit in a timely fashion to the Contractor for approval any shop drawings, samples, product data, manufacturers' literature or similar submittals as may reasonably be required by the Contractor, Owner or Architect/Engineer. 3.7.2: The Contractor, Owner, and Architect/Engineer are entitled to rely on the adequacy, accuracy and completeness of any professional certifications required by the Subcontract Documents concerning the performance criteria of systems, equipment or materials, including all relevant calculations and any governing performance requirements.

3.8 DESIGN DELEGATION:

3.8.1: If the Subcontract Documents (1) specifically require the Subcontractor to provide design services and (2) specify all design and performance criteria, the Subcontractor shall provide those design services necessary to satisfactorily complete the Subcontract Work. Design services provided by the Subcontractor shall be procured from licensed design professionals retained by the Subcontractor as permitted by the law of the place where the Project is located (the Designer). The Designer's signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by the Designer. Shop Drawings and other submittals related to the Subcontract Work designed or certified by the Designer, if prepared by others, shall bear the Subcontractor's and the Designer's written approvals when submitted to the Contractor. The Contractor shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the Designer.

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Standard Form of Agreement Between Anson Independent Schools Page 5 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

3.8.2: If the Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between the Subcontractor and the Designer. The Subcontractor-Designer agreement shall not provide for any limitation of liability, except to the extent that consequential damage are waived pursuant to Paragraph 5.4, or exclusion from participation in the multiparty proceedings requirement of Paragraph 11.4. The Designer(s) shall be identified in writing by the Subcontractor to the Contractor within 15 days of entering into this agreement. The Subcontractor shall notify the Contractor in writing if it intends to change the Designer. The Subcontractor shall be responsible for conformance of its design with the information given and the design concept expressed in the Subcontract Documents. The Subcontractor shall not be responsible for the adequacy of the performance or design criteria required by the Subcontract Documents. 3.8.3: The Subcontractor shall not be required to provide design services in violation of any applicable law.

3.9 TEMPORARY SERVICES: Subcontractor's responsibilities for temporary services are set forth in Exhibit A. 3.10 COORDINATION: The Subcontractor shall:

.1 cooperate with the Contractor and all others whose work may interface with the Subcontract Work;

.2 specifically note and immediately advise the Contractor of any such interface with the Subcontract Work; and

.3 participate in the preparation of coordination drawings and work schedules in areas of congestion.

3.11 SUBCONTRACTOR'S REPRESENTATIVE: The Subcontractor shall designate a person, subject to Contractor's approval, who shall be the Subcontractor's authorized representative. This representative shall be the only person to whom the Contractor shall issue instructions, orders or directions, except in an Contractor within 15 days of entering into this agreement.

3.11.1: The Subcontractor agrees to have responsible person on the Project site at all times its personnel are performing work. This individual must have knowledge of the work to be performed, the Contract, the plans and overall scheme/scope of the project. This person must attend all Project meetings with authority, if requested by the Contractor, to change the work schedule, participate in installation/coordination efforts, and in environmental safety issues. 3.11.2: No firearms, alcoholic beverages, illegal substances, or narcotics will be allowed on the jobsite. Any person possessing such will be removed from the jobsite.

3.12 TESTS AND INSPECTIONS: The Subcontractor shall schedule all required tests, approvals and inspections of the Subcontract Work at appropriate times so as not to delay the progress of the work. The Subcontractor shall give proper written notice to all required parties of such tests, approvals and inspections. The Subcontractor shall bear all expenses associated with tests, inspections and approvals required of the Subcontractor by the Subcontract Documents which, unless otherwise agreed to, shall be conducted by an independent testing laboratory or entity approved by the Contractor and Owner. Required certificates of testing, approval or inspection shall, unless otherwise required by the Subcontract Documents, be secured by the Subcontractor and promptly delivered to the Contractor. 3.13 CLEANUP: 3.13.1: The Subcontractor shall at all times during its performance of the Subcontract Work keep the work site clean and free from debris resulting from the Subcontract Work. Prior to discontinuing the Subcontract Work in an area, the Subcontractor shall clean the area and remove all its rubbish and its construction equipment, tools, machinery, waste and surplus materials. Subcontractor shall make provisions to minimize and confine dust and debris resulting from its construction activities. The Subcontractor shall not be held responsible for unclean conditions caused by others.

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3.13.2: Subcontractor shall comply with all laws and regulations protecting the environment. It shall dispose of any waste or debris properly and in compliance with such laws and regulations. 3.13.3: If the Subcontractor fails to commence compliance with cleanup duties within twenty-four (24) hours after written notification from the Contractor of non-compliance, the Contractor may implement appropriate cleanup measures without further notice and the cost thereof shall be deducted from any amounts due or to become due the Subcontractor. 3.14 SAFETY:

3.14.1: The Subcontractor is required to perform the Subcontract Work in a safe and reasonable manner. The Subcontractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect:

.1 employees and other persons at the site;

.2 materials and equipment stored at the site or at offsite locations for use in performance of the Work; and

.3 all property and structures located at the site and adjacent to work areas, whether or not said property or structures are part of the Project or involved in the Work.

3.14.2: Subcontractor accepts complete responsibility for the health and safety of its employees and its subcontractors’ employees, the safe performance of the Work, compliance with safety procedures and policies issued by the Contractor and in the Contract Documents, and compliance with all applicable health and safety laws, including the regulations and standards of the Occupational Safety & Health Act of 1970 (“OSHA”), as amended. Subcontractor shall cooperate with Contractor, Owner and all other contractors and subcontractors in their respective safety programs. In exchange for one hundred dollars ($100.00) and other good and valuable consideration, the amount of which is included in the Price, Subcontractor agrees to indemnify and hold harmless the Contractor and Owner from and against any fee, expense, fine or penalty resulting from an OSHA violation attributable to Subcontractor. 3.14.3: The Subcontractor shall give all required notices and comply with all applicable rules, regulations, orders and other lawful requirements established to prevent injury, loss or damage to persons or property. 3.14.4: The Subcontractor shall implement appropriate safety measures pertaining to the Subcontract Work and the Project, including establishing safety rules, posting appropriate warnings and notices, erecting safety barriers, and establishing proper notice procedures to protect persons and property at the site and adjacent to the site from injury, loss or damage. 3.14.5: The Subcontractor shall exercise extreme care in carrying out any of the Subcontractor Work which involves explosive or other dangerous methods of construction or hazardous procedures, materials or equipment. The Subcontractor shall use properly qualified individuals or entities to carry out the Subcontract Work in a safe and reasonable manner so as to reduce the risk of bodily injury or property damage. 3.14.6: Damage or loss not insured under property insurance which may arise from the performance of the Subcontract Work, to the extent of the negligence attributed to such acts or omissions of the Subcontractor, or anyone for whose acts the Subcontractor may be liable, shall be promptly remedied by the Subcontractor. Damage or loss attributable to the acts or omissions of the Contractor and not to the Subcontractor shall be promptly remedied by the Contractor. 3.14.7: The Subcontractor is required to designate an individual at the site in the employ of the Subcontractor who shall act as the Subcontractor's designated safety representative with a duty to prevent accidents. Unless otherwise identified by the Subcontractor in writing to the Contractor, the designated safety representative shall be the Subcontractor's project superintendent.

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3.14.8: The Subcontractor has an affirmative duty not to overload the structures or conditions at the site and shall take reasonable steps not to load any part of the structures or site so as to give rise to an unsafe condition or create an unreasonable risk of bodily injury or property damage. The Subcontractor shall have the right to request, in writing, from the Contractor loading information concerning the structures at the site. 3.14.9: Subcontractor will report the occurrence of serious injury or equipment/property damage to Contractor’s Project Manager immediately. In addition, Subcontractor shall submit to the Contractor’s Project Manager the following, when applicable, within five (5) working days of the injury or damage;(a) a copy of “Employer’s First Report of Injury”; (b) a copy of all property/casualty insurance claim reports; (c) a copy of any and all OSHA inspection/citation reports; and (d) a copy of any drug test obtained as the result of any injury 3.14.10: Prevention of accidents at the site is the responsibility of the Contractor, Subcontractor, and all other subcontractors, persons and entities at the site. Establishment of a safety program by the Contractor shall not relieve the Subcontractor or other parties of their safety responsibilities. The Subcontractor shall establish its own safety program implementing safety measures, policies and standards conforming to those required or recommended by governmental and quasi-governmental authorities having jurisdiction and by the Contractor and Owner, including, but not limited to, requirements imposed by the Subcontract Documents. The Subcontractor shall comply with the reasonable recommendations of insurance companies having an interest in the Project. 3.14.11: In the event that Subcontractor or any of its employees or its subcontractors’ employees fails to comply with any health and safety requirements or if Contractor deems any part of the Work unsafe, Contractor may require Subcontractor to stop work and/or remove any non-complying employees. Subcontractor shall not be entitled to any additional time or money as a result of Contractor stopping the Work when the Work was stopped due to Contractor’s concern about safety deficiencies. Failure to comply with Contractor's Safety and Health Program shall be considered a breach of contract. The Contractor's failure to stop the Subcontractor's unsafe practices shall not relieve the Subcontractor of the responsibility therefore.

3.15 PROTECTION OF THE WORK: The Subcontractor shall take necessary precautions to properly protect the Subcontract Work and the work of others from damage caused by the Subcontractor's operations. Should the Subcontractor cause damage to the Work or property of the Owner, the Contractor or others, the Subcontractor shall promptly remedy such damage to the satisfaction of the Contractor, or the Contractor may remedy the damage and deduct its cost from any amounts due or to become due the Subcontractor, unless such costs are recovered under applicable property insurance. 3.16 PERMITS, FEES, LICENSES AND TAXES: The Subcontractor shall give timely notices to authorities pertaining to the Subcontract Work, and shall be responsible for all permits, fees, licenses, assessments, inspections, testing and taxes necessary to complete the Subcontract Work in accordance with the Subcontract Documents. To the extent reimbursement is obtained by the Contractor from the Owner under the Owner-Contractor agreement, the Subcontractor shall be compensated for additional costs resulting from taxes enacted after the date of this Agreement. 3.17 ASSIGNMENT OF SUBCONTRACT WORK: The Subcontractor shall not assign the whole nor any part of the Subcontract Work without prior written approval of the Contractor. 3.18 HAZARDOUS MATERIALS: To the extent that the Contractor has rights or obligations under the Owner-Contractor agreement or by law regarding hazardous materials as defined by the Subcontract Document within the scope of the Subcontract Work, the Subcontractor shall have the same rights or obligations. 3.19 MATERIAL SAFETY DATA (MSD) SHEETS: The Subcontractor shall submit to the Contractor all Material Safety Data Sheets required by law for materials or substances necessary for the performance of

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the Subcontract Work. MSD sheets obtained by the Contractor from other subcontractors or sources shall be made available to the Subcontractor by the Contractor. 3.20 LAYOUT RESPONSIBILITY AND LEVELS: The Contractor shall establish principal axis lines of the building and site, and benchmarks. The Subcontractor shall lay out and be strictly responsible for the accuracy of the Subcontract Work and for any loss or damage to the Contractor or others by reason of the Subcontractor's failure to lay out or perform Subcontract Work correctly. The Subcontractor shall exercise prudence so that the actual final conditions and details shall result in alignment of finish surfaces. 3.21 WARRANTIES: The Subcontractor warrants that all materials and equipment furnished under this Agreement shall be new, unless otherwise specified, of good quality, in conformance with the Subcontract Documents, and free from defective workmanship and materials. Warranties shall commence on the date of Substantial Completion of the Work or a designated portion. 3.22 UNCOVERING/CORRECTION OF SUBCONTRACT WORK:

3.22.1 UNCOVERING OF SUBCONTRACT WORK:

3.22.1.1: If required in writing by the Contractor, the Subcontractor must uncover any portion of the Subcontract Work which has been covered by the Subcontractor in violation of the Subcontract Documents or contrary to a directive issued to the Subcontractor by the Contractor. Upon receipt of a written directive from the Contractor, the Subcontractor shall uncover such work for the Contractor's or Owner's inspection and restore the uncovered Subcontract Work to its original condition at the Subcontractor's time and expense. 3.22.1.2: The Contractor may direct the Subcontractor to uncover portions of the Subcontract Work for inspection by the Owner or Contractor at any time. The Subcontractor is required to uncover such work whether or not the Contractor or Owner had requested to inspect the Subcontract Work prior to it being covered. Except as provided in Clause 3.22.1.1, this Agreement shall be adjusted by change order for the cost and time of uncovering and restoring any work which is uncovered for inspection and proves to be installed in accordance with the Subcontract Documents, provided the Contractor had not previously instructed the Subcontractor to leave the work uncovered. If the Subcontractor uncovers work pursuant to a directive issued by the Contractor, and such work upon inspection does not comply with the Subcontract Documents, the Subcontractor shall be responsible for all costs and time of uncovering, correcting and restoring the work so as to make it conform to the Subcontract Documents. If the Contractor or some other entity for which the Subcontractor is not responsible caused the nonconforming condition, the Contractor shall be required to adjust this Agreement by change order for all such costs and time.

3.22.2 CORRECTION OF WORK:

3.22.2.1: If the Architect/Engineer or Contractor rejects the Subcontract Work or the Subcontract Work is not in conformance with the Subcontract Documents, the Subcontractor shall promptly correct the Subcontract Work whether it had been fabricated, installed or completed. The Subcontractor shall be responsible for the costs of correcting such Subcontract Work, any additional testing, inspections, and compensation for services and expenses of the Architect/Engineer and Contractor made necessary by the defective Subcontract Work. 3.22.2.2: In addition to the Subcontractor's obligations under Paragraph 3.21, the Subcontractor agrees to promptly correct, after receipt of a written notice from the Contractor, all Subcontract Work performed under this Agreement which proves to be defective in workmanship or materials within a period of one year from the date of Substantial Completion of the Subcontract Work or for a longer period of time as may be required by specific warranties in the Subcontract Documents. Substantial Completion of the Subcontract Work, or of a designated portion, occurs on the date when construction is sufficiently complete in accordance with the Subcontract Documents so that the Owner can occupy or utilize the Project, or a designated portion, for the use of which it is

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intended. If, during the one-year period, the Contractor fails to provide the Subcontractor with prompt written notice of the discovery of defective or nonconforming Subcontract Work, the Contractor shall neither have the right to require the Subcontractor to correct such Subcontract Work nor the right to make claim for breach of warranty. If the Subcontractor fails to correct defective or nonconforming Subcontract Work within a reasonable time after receipt of notice from the Contractor, the Contractor may correct such Subcontract Work pursuant to Subparagraph 10.1.1. 3.22.3: The Subcontractor's correction of Subcontract Work pursuant to this Paragraph 3.22 shall not exceed the one-year period for the correction of Subcontract Work, but if Subcontract Work is first performed after Substantial Completion, the one-year period for corrections shall be extended by the time period after Substantial Completion and the performance of that portion of Subcontract Work. The Subcontractor's obligation to correct Subcontract Work within one year as described in this Paragraph 3.22 does not limit the enforcement of Subcontractor's other obligations with regard to the Agreement and the Subcontract Documents. 3.22.4: If the Subcontractor's correction or removal of Subcontract Work destroys or damages completed or partially completed work of the Owner, the Contractor or any separate contractors, the Subcontractor shall be responsible for the cost of correcting such destroyed or damaged construction. 3.22.5: If portions of Subcontract Work which do not conform with the requirements of the Subcontract Documents are neither corrected by the Subcontractor nor accepted by the Contractor, the Subcontractor shall remove such Subcontract Work from the Project site if so directed by the Contractor. 3.22.6: The commencement of the work, or any portions thereof, by the Subcontractor shall be conclusive evidence that the jobsite, or that part where such work is being installed, is in proper condition for the reception and installation of its work. In the event the Subcontractor finds, before commencing its work, that conditions exist on the jobsite which are not proper for the reception and installation of its work or any portion thereof, the Subcontractor shall immediately so notify the Contractor in writing, specifying the particulars in which the jobsite is not in proper condition to receive such work. Failure to so notify will leave the Subcontractor liable for the removal and replacement of all unacceptable work including other work damaged. The Subcontractor shall be responsible for all cutting, patching and restoration required in the prosecution of the work stipulated under this subcontract, and the maintenance and protection of its work until final acceptance by the Owner in accordance with the contract documents.

3.23 MATERIALS OR EQUIPMENT FURNISHED BY OTHERS: In the event the scope of the Subcontract Work includes installation of materials or equipment furnished by others, it shall be the responsibility of the Subcontractor to exercise proper care in receiving, handling, storing and installing such items, unless otherwise provided in the Subcontract Documents. The Subcontractor shall examine the items provided and report to the Contractor in writing any items it may discover that do not conform to requirements of the Subcontract Documents. The Subcontractor shall not proceed to install nonconforming items without further instructions from the Contractor. Loss or damage due to acts or omissions of the Subcontractor shall be deducted from any amounts due or to become due the Subcontractor. 3.24 SUBSTITUTIONS: No substitutions shall be made in the Subcontract Work unless permitted in the Subcontract Documents, and only upon the Subcontractor first receiving all approvals required under the Subcontract Documents for substitutions. 3.25 USE OF CONTRACTOR'S EQUIPMENT: The Subcontractor, its agents, employees, subcontractors or suppliers shall use the Contractor's equipment only with the express written permission of the Contractor's designated representative and in accordance with the Contractor's terms and conditions for such use. If the Subcontractor or any of its agents, employees, subcontractors or suppliers utilize any of the Contractor's equipment, including machinery, tools, scaffolding, hoists, lifts or similar items owned,

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leased or under the control of the Contractor, the Subcontractor shall defend, indemnify and be liable to the Contractor as provided in Article 9 for any loss or damage (including bodily injury or death) which may arise from such use, except to the extent that such loss or damage is caused by the negligence of the Contractor's employees operating the Contractor's equipment. 3.26 WORK FOR OTHERS: Until final completion of the Subcontract Work, the Subcontractor agrees not to perform any work directly for the Owner or any tenants, or deal directly with the Owner's representatives in connection with the Subcontract Work, unless otherwise approved in writing by the Contractor.

3.26.1: It is expressly understood and agreed that the Subcontractor will not accept any other work from any third party which will jeopardize or conflict with the progress of this Project.

3.27 SUBCONTRACT BONDS:

3.27.1: The Subcontractor if required in Article 1 The Agreement, shall furnish, within ten (10) calendar days of the date of the Subcontract, to the Contractor, as the named Oblige, appropriate surety bonds to secure the faithful performance of the Subcontract Work and to satisfy all Subcontractor payment obligations related to Subcontract Work. 3.27.2: If a performance or payment bond, or both, are required of the Subcontractor under this Agreement, the bonds shall be in a form and by a surety as called for in the Construction Documents or as mutually agreeable to the Contractor and Subcontractor, and in the full amount of the Subcontract Amount, unless otherwise specified. 3.27.3: In the event the Subcontractor shall fail to promptly provide any required bonds, the Contractor may terminate this Agreement and enter into a subcontract for the balance of the Subcontract Work with another subcontractor. All Contractor costs and expenses incurred by the Contractor as a result of said termination shall be paid by the Subcontractor.

3.28 SYSTEMS AND EQUIPMENT STARTUP: With the assistance of the Owner's maintenance personnel and the Contractor, the Subcontractor shall direct the check-out and operation of systems and equipment for readiness, and assist in their initial startup and the testing of the Subcontract Work. 3.29 COMPLIANCE WITH LAWS: The Subcontractor agrees to be bound by, and at its own costs comply with, all federal, state and local laws, ordinances and regulations (the Laws) applicable to the Subcontract Work, including but not limited to, equal employment opportunity, minority business enterprise, women's business enterprise, disadvantaged business enterprise, safety and all other Laws with which the Contractor must comply. The Subcontractor shall be liable to the Contractor and the Owner for all loss, cost and expense attributable to any acts of commission or omission by the Subcontractor, its employees and agents resulting from the failure to comply with Laws, including, but not limited to, any fines, penalties or corrective measures, except as provided in Subparagraph 3.14.9. Subcontractor to maintain compliance with Section 219 titled “Proposer Affirmation and Required Clauses” of the Texas Procurement Manual. 3.30 CONFIDENTIALITY: To the extent the Owner-Contractor agreement provides for the confidentiality of any of the Owner's proprietary or otherwise confidential information disclosed in connection with the performance of this Agreement, the Subcontractor is equally bound by the Owner's confidentiality requirements. 3.31 ROYALTIES, PATENTS AND COPYRIGHTS: The Subcontractor shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by the Subcontractor and incorporated in the Subcontract Work. The Subcontractor shall defend, indemnify and hold the Contractor and Owner harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. The Subcontractor shall be liable for all loss, including all costs, expenses, and attorneys' fees, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by

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the Subcontract Documents. However, if the Subcontractor has reason to believe that a particular design, process or product required by the Subcontract Documents is an infringement of a patent, the Subcontractor shall promptly furnish such information to the Contractor or be responsible to the Contractor and Owner for any loss sustained as a result. 3.32 LABOR RELATIONS: (Insert here any conditions, obligations or requirements relative to labor relations and their effect on the project. Legal counsel is recommended.)

ARTICLE 4 CONTRACTOR'S RESPONSIBILITIES

4.1 CONTRACTOR'S REPRESENTATIVE: The Contractor shall designate a person who shall be the Contractor's authorized representative. The Contractor's representative shall be the only person the Subcontractor shall look to for instructions, orders and/or directions, except in an emergency. The Contractor's representative shall be the Project Manager as listed in Article 1 The Agreement and others as directed to Subcontractor in writing. 4.2 PAYMENT BOND REVIEW: The Contractor X has not provided the Owner a payment bond. The Contractor's payment bond for the Project, if any, shall be made available by the Contractor for review and copying by the Subcontractor. 4.3 OWNER'S ABILITY TO PAY:

4.3.1: The Subcontractor shall have the right upon request to receive from the Contractor such information as the Contractor has obtained relative to the Owner's financial ability to pay for the Work, including any subsequent material variation in such information. The Contractor, however, does not warrant the accuracy or completeness of the information provided by the Owner. 4.3.2: If the Subcontractor does not receive the information referenced in Subparagraph 4.3.1 with regard to the Owner's ability to pay for the Work as required by the Contract Documents, the Subcontractor may request the information from the Owner and/or the Owner's lender.

4.4 CONTRACTOR APPLICATION FOR PAYMENT: Upon request, the Contractor shall give the Subcontractor a copy of the most current Contractor application for payment reflecting the amounts approved and/or paid by the Owner for the Subcontract Work performed to date. 4.5 INFORMATION OR SERVICES: The Subcontractor is entitled to request through the Contractor any information or services relevant to the performance of the Subcontract Work which is under the Owner's control. To the extent the Contractor receives such information and services, the Contractor shall provide them to the Subcontractor. The Contractor, however, does not warrant the accuracy or completeness of the information provided by the Owner. 4.6 STORAGE AREAS: The Contractor shall allocate adequate storage areas, if available, for the Subcontractor's materials and equipment during the course of the Subcontract Work. Unless otherwise agreed upon, the Contractor shall reimburse the Subcontractor for the additional costs of having to relocate such storage areas at the direction of the Contractor. 4.7 TIMELY COMMUNICATIONS: The Contractor shall transmit to the Subcontractor, with reasonable promptness, all submittals, transmittals, and written approvals relative to the Subcontract Work. Unless otherwise specified in the Subcontract Documents, communications by and with the Subcontractor's subcontractors, material men and suppliers shall be through the Subcontractor. 4.8 USE OF SUBCONTRACTOR'S EQUIPMENT: The Contractor, its agents, employees or suppliers shall use the Subcontractor's equipment only with the express written permission of the Subcontractor's designated representative and in accordance with the Subcontractor's terms and conditions for such use. If

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the Contractor or any of its agents, employees or suppliers utilize any of the Subcontractor's equipment, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Subcontractor, the Contractor shall defend, indemnify and be liable to the Subcontractor as provided in Article 9 for any loss or damage (including bodily injury or death) which may arise from such use, except to the extent that such loss or damage is caused by the negligence of the Subcontractor's employees operating the Subcontractor's equipment.

ARTICLE 5 PROGRESS SCHEDULE

5.1 TIME IS OF THE ESSENCE: Time is of the essence for both parties. They mutually agree to see to the performance of their respective obligations so that the entire Project may be completed in accordance with the Subcontract Documents and particularly the Progress Schedule as set forth in Exhibit B. 5.2 SCHEDULE OBLIGATIONS: The Subcontractor shall provide the Contractor with any scheduling information proposed by the Subcontractor for the Subcontract Work. In consultation with the Subcontractor, the Contractor shall prepare the schedule for performance of the Work (the Progress Schedule) and shall revise and update such schedule, as necessary, as the Work progresses. Both the Contractor and the Subcontractor shall be bound by the Progress Schedule. The Progress Schedule and all subsequent changes and additional details shall be submitted to the Subcontractor promptly and reasonably in advance of the required performance. The Contractor shall have the right to determine and, if necessary, change the time, order and priority in which the various portions of the Work shall be performed and all other matters relative to the Subcontract Work.

5.2.1: The Subcontractor shall cooperate with the Contractor in scheduling and performing its work to avoid conflict or interference with the work of others and acknowledges that other subcontractors and workers may be engaged in on-going activities in the same area and on possibly the same system; coordination of activities in order to maintain the required work schedule is the responsibility of the Subcontractor. The Subcontractor shall provide a responsible person to attend all coordination meetings at which time the job progress and scheduling of the work will be discussed and at which time a copy of the current schedule will be available for review by the Subcontractor. 5.2.2: All material for this Project must be timely ordered. The Subcontractor is to verify the order date and delivery date with each supplier and advise the Contractor's office in writing of same within fifteen (15) days of the date of this contract, as extensions of time will not be granted for failure to have material timely ordered, approved or delivered.

5.3 DELAYS AND EXTENSIONS OF TIME:

5.3.1 OWNER CAUSED DELAY: Subject to Subparagraph 5.3.2, if the commencement and/or progress of the Subcontract Work is delayed without the fault or responsibility of the Subcontractor, the time for the Subcontract Work shall be extended by Subcontract Change Order to the extent obtained by the Contractor under the Subcontract Documents, and the Progress Schedule shall be revised accordingly. 5.3.2 CLAIMS RELATING TO OWNER: The Subcontractor agrees to initiate all claims for which the Owner is or may be liable in the manner and within the time limits provided in the Subcontract Documents for like claims by the Contractor upon the Owner and in sufficient time for the Contractor to initiate such claims against the Owner in accordance with the Subcontract Documents. At the Subcontractor's request and expense to the extent agreed upon in writing, the Contractor agrees to permit the Subcontractor to prosecute a claim in the name of the Contractor for the use and benefit of the Subcontractor in the manner provided in the Subcontract Documents for like claims by the Contractor upon the Owner.

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5.3.3 CONTRACTOR CAUSED DELAY: Nothing in this Article shall preclude the Subcontractor's recovery of delay damages caused by the Contractor. 5.3.4 CLAIMS RELATING TO CONTRACTOR: The Subcontractor shall give the Contractor written notice of all claims not included in Subparagraph 5.3.2 within seven (7) days of the Subcontractor's knowledge of the facts giving rise to the event for which claim is made; otherwise, such claims shall be deemed waived. All unresolved claims, disputes and other matters in question between the Contractor and the Subcontractor not relating to claims included in Subparagraph 5.3.2 shall be resolved in the manner provided in Article 11. 5.3.5 DAMAGES: If the Subcontract Documents provide for liquidated or other damages for delay beyond the completion date set forth in the Subcontract Documents, and such damages are assessed, the Contractor may assess a share of the damages against the Subcontractor in proportion to the Subcontractor's share of the responsibility for the delay. However, the amount of such assessment shall not exceed the amount assessed against the Contractor. This Paragraph 5.3 shall not limit the Subcontractor's liability to the Contractor for the Contractor's actual delay damages caused by the Subcontractor's delay.

5.4 MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES:

5.4.1: To the extent the Owner-Contractor agreement provides for a mutual waiver of consequential damages by the Owner and the Contractor, the Contractor and Subcontractor waive claims against each other for consequential damages arising out of or relating to this Agreement, including to the extent provided in the Owner Contractor agreement, damages for principal office expenses and the compensation of personnel stationed there; loss of financing, business and reputation; and for loss of profit. Similarly, the Subcontractor shall obtain from its sub-subcontractors mutual waivers of consequential damages that correspond to the Subcontractor's waiver of consequential damages herein. To the extent applicable, this mutual waiver applies to consequential damages due to termination by the Contractor or the Owner in accordance with this Agreement or the Owner-Contractor agreement. To the extent the Owner-Contractor agreement does not preclude the award of liquidated damages, nothing contained in this Paragraph 5.4 shall preclude the imposition of such damages, if applicable in accordance with the requirements of the Subcontract Documents. 5.4.2: To the extent the Owner-Contractor agreement provides for a mutual waiver of consequential damages by the Owner and the Contractor, damages for which the Contractor is liable to the Owner including those related to Subparagraph 9.1.1 are not consequential damages for the purpose of this waiver. Similarly, to the extent the Subcontractor-sub-subcontractor agreement provides for a mutual waiver of consequential damages by the Owner and the Contractor, damages for which the Subcontractor is liable to lower-tiered parties due to the fault of the Owner or Contractor are not consequential damages for the purpose of this waiver.

ARTICLE 6

SUBCONTRACT AMOUNT As full compensation for performance of this Agreement, Contractor agrees to pay Subcontractor in current funds for the satisfactory performance of the Subcontract Work subject to all applicable provisions of the Subcontract the Subcontract Amount as stipulated in Article 1:

(a) a fixed-price subject to additions and deductions as provided for in the Subcontract Documents; and/or

(b) unit prices in accordance with the attached schedule of Unit Prices and estimated quantities, which is incorporated by reference and identified as Exhibit C; and/or

(c) time and material rates and prices in accordance with the attached Schedule of Labor and Material Costs which is incorporated by reference and identified as Exhibit C.

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The fixed-price, unit prices and/or time and material rates and prices are referred to as the Subcontract Amount.

ARTICLE 7 CHANGES IN THE SUBCONTRACT WORK

7.1 SUBCONTRACT CHANGE ORDERS: When the Contractor orders in writing, the Subcontractor, without nullifying this Agreement, shall make any and all changes in the Subcontract Work which are within the general scope of this Agreement. Any adjustment in the Subcontract Amount or Subcontract Time shall be authorized by a Subcontract Change Order. No adjustments shall be made for any changes performed by the Subcontractor that have not been ordered by the Contractor. A Subcontract Change Order is a written instrument prepared by the Contractor and signed by the Subcontractor stating their agreement upon the change in the Subcontract Work. 7.2 CONSTRUCTION CHANGE DIRECTIVES: To the extent that the Subcontract Documents provide for Construction Change Directives in the absence of agreement on the terms of a Subcontract Change Order, the Subcontractor shall promptly comply with the Construction Change Directive and be entitled to apply for interim payment if the Subcontract Documents so provide. 7.3 UNKNOWN CONDITIONS: If in the performance of the Subcontract Work the Subcontractor finds latent, concealed or subsurface physical conditions which differ materially from those indicated in the Subcontract Documents or unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist, and not generally recognized as inherent in the kind of work provided for in this Agreement, the Subcontract Amount and/or the Progress Schedule shall be equitably adjusted by a Subcontract Change Order within a reasonable time after the conditions are first observed. The adjustment which the Subcontractor may receive shall be limited to the adjustment the Contractor receives from the Owner on behalf of the Subcontractor, or as otherwise provided under Subparagraph 7.4 ADJUSTMENTS IN SUBCONTRACT AMOUNT: If a Subcontract Change Order requires an adjustment in the Subcontract Amount, the adjustment shall be established by one of the following methods:

.1 mutual acceptance of an itemized lump sum;

.2 unit prices as indicated in the Subcontract Documents or as subsequently agreed to by the parties; or

.3 costs determined in a manner acceptable to the parties and a mutually acceptable fixed or percentage fee; or

.4 another method provided in the Subcontract Documents. 7.5 SUBSTANTIATION OF ADJUSTMENT: If the Subcontractor does not respond promptly or disputes the method of adjustment, the method and the adjustment shall be determined by the Contractor on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Subcontract Amount, an allowance for overhead and profit of the percentage provided in Paragraph 7.6. The Subcontractor may contest the reasonableness of any adjustment determined by the Contractor. The Subcontractor shall maintain for the Contractor's review and approval an appropriately itemized and substantiated accounting of the following items attributable to the Subcontract Change Order:

.1 labor costs, including Social Security, health, welfare, retirement and other fringe benefits as normally required, and state workers' compensation insurance;

.2 costs of materials, supplies and equipment, whether incorporated in the Subcontract Work or consumed, including transportation costs;

.3 costs of renting machinery and equipment other than hand tools;

.4 costs of bond and insurance premiums, permit fees and taxes attributable to the change; and

.5 costs of additional supervision and field office personnel services necessitated by the change.

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Standard Form of Agreement Between Anson Independent Schools Page 15 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

7.6: Adjustments shall be based on net change in Subcontractor's reasonable cost of performing the changed Subcontract Work plus, in case of a net increase in cost, an agreed upon sum for overhead and profit not to exceed the percent stipulated in Article 1. 7.7 NO OBLIGATION TO PERFORM: The Subcontractor shall not perform changes in the Subcontract Work until a Subcontract Change Order has been executed or written instructions have been issued in accordance with Paragraphs 7.2 and 7.9. 7.8 EMERGENCIES: In an emergency affecting the safety of persons and/or property, the Subcontractor shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Subcontract Amount and/or the Progress Schedule on account of emergency work shall be determined as provided in this Article. 7.9 INCIDENTAL CHANGES: The Contractor may direct the Subcontractor to perform incidental changes in the Subcontract Work which do not involve adjustments in the Subcontract Amount or Subcontract Time. Incidental changes shall be consistent with the scope and intent of the Subcontract Documents. The Contractor shall initiate an incidental change in the Subcontract Work by issuing a written order to the Subcontractor. Such written notice shall be carried out promptly and is binding on the parties.

ARTICLE 8 PAYMENT

8.1 SCHEDULE OF VALUES: As a condition to payment, the Subcontractor shall provide a schedule of values satisfactory to the Contractor not more than fifteen (15) days from the date of execution of this Agreement. 8.2 PROGRESS PAYMENTS:

8.2.1 APPLICATIONS: The Subcontractor's applications for payment shall be itemized and supported by substantiating data as required by the Subcontract Documents. If the Subcontractor is obligated to provide design services pursuant to Paragraph 3.8, Subcontractor's applications for payment shall show the Designer's fee and expenses as a separate cost item. The Subcontractor's application shall be notarized if required and if allowed under the Subcontract Documents may include properly authorized Subcontract Construction Change Directives. The Subcontractor's progress payment application for the Subcontract Work performed in the preceding payment period shall be submitted for approval of the Contractor in accordance with the schedule of values if required and Subparagraphs 8.2.2, 8.2.3, and 8.2.4. The Contractor shall incorporate the approved amount of the Subcontractor's progress payment application into the Contractor's payment application to the Owner for the same period and submit it to the Owner in a timely fashion. The Contractor shall immediately notify the Subcontractor of any changes in the amount requested on behalf of the Subcontractor.

.1 The request for payment must be a form acceptable to the Contractor such as, A.I.A 702, 703

and Interim Release documents. These forms will be available from the Contractor's office. No payment will be made until the required forms are properly completed, submitted and approved.

8.2.2 RETAINAGE: The rate of retainage shall be as stipulated in Article 1 which is equal to the percentage retained from the Contractor's payment by the Owner for the Subcontract Work. If the Subcontract Work is satisfactory and the Subcontract Documents provide for reduction of retainage at a specified percentage of completion, the Subcontractor's retainage shall also be reduced when the Subcontract Work has attained the same percentage of completion and the Contractor's retainage for the Subcontract Work has been so reduced by the Owner.

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Standard Form of Agreement Between Anson Independent Schools Page 16 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

8.2.3 TIME OF APPLICATION: The Subcontractor shall submit progress payment applications to the Contractor no later than the 20th day of each payment period for the Subcontract Work performed up to and including the 20th day of the payment period indicating work completed and, to the extent allowed under Subparagraph 8.2.4, materials suitably stored during the preceding payment period. 8.2.4 STORED MATERIALS: Unless otherwise provided in the Subcontract Documents, and if approved in advance by the Owner, applications for payment may include materials and equipment not incorporated in the Subcontract Work but delivered to and suitably stored at the site or at some other location agreed upon in writing. Approval of payment applications for such stored items on or off the site shall be conditioned upon submission by the Subcontractor of bills of sale and applicable insurance or such other procedures satisfactory to the Owner and Contractor to establish the Owner's title to such materials and equipment, or otherwise to protect the Owner's and Contractor's interest including transportation to the site. 8.2.5 TIME OF PAYMENT: Receipt of payment by the Contractor from the Owner for the Subcontract Work is a condition precedent to payment by the Contractor to the Subcontractor. The Subcontractor hereby acknowledges that it relies on the credit of the Owner, not the Contractor for payment of Subcontract Work. Progress payments received from the Owner for the Subcontractor for satisfactory performance of the Subcontract Work shall be made no later than seven (7) days after receipt by the Contractor of payment from the Owner for the Subcontract Work. 8.2.6 PAYMENT DELAY: If the Contractor has received payment from the Owner and if for any reason not the fault of the Subcontractor, the Subcontractor does not receive a progress payment from the Contractor within seven (7) days after the date such payment is due, as defined in Subparagraph 8.2.5, the Subcontractor, upon giving seven (7) days' written notice to the Contractor, and without prejudice to and in addition to any other legal remedies, may stop work until payment of the full amount owing to the Subcontractor has been received. The Subcontract Amount and Time shall be adjusted by the amount of the Subcontractor's reasonable and verified cost of shutdown, delay, and startup, which shall be effected by an appropriate Subcontractor Change Order. 8.2.7 PAYMENTS WITHHELD: The Contractor may reject a Subcontractor payment application or nullify a previously approved Subcontractor payment application, in whole or in part, as may reasonably be necessary to protect the Contractor from loss or damage based upon:

.1 the Subcontractor's repeated failure to perform the Subcontract Work as required by this

Agreement; .2 loss or damage arising out of or relating to this Agreement and caused by the Subcontractor to

the Owner, Contractor or others to whom the Contractor may be liable; .3 the Subcontractor's failure to properly pay for labor, materials, equipment or supplies furnished

in connection with the Subcontract Work; .4 rejected, nonconforming or defective Subcontract Work which has not been corrected in a

timely fashion; .5 reasonable evidence of delay in performance of the Subcontract Work such that the Work will

not be completed within the Subcontract Time, and that the unpaid balance of the Subcontract Amount is not sufficient to offset the liquidated damages or actual damages that may be sustained by the Contractor as a result of the anticipated delay caused by the Subcontractor;

.6 reasonable evidence demonstrating that the unpaid balance of the Subcontract Amount is insufficient to cover the cost to complete the Subcontract Work;

.7 third party claims involving the Subcontractor or reasonable evidence demonstrating that third party claims are likely to be filed unless and until the Subcontractor furnishes the Contractor with adequate security in the form of a surety bond, letter of credit or other collateral or commitment which are sufficient to discharge such claims if established. The Contractor shall give written notice to the Subcontractor, at the time of disapproving or nullifying an application for payment stating its specific reasons for such disapproval or nullification. When the above reasons for disapproving or nullifying an application for payment are removed, payment will be made for amounts previously withheld.

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Standard Form of Agreement Between Anson Independent Schools Page 17 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

8.3 FINAL PAYMENT:

8.3.1 APPLICATION: Upon acceptance of the Subcontract Work by the Owner and the Contractor and receipt from the Subcontractor of evidence of fulfillment of the Subcontractor's obligations in accordance with the Subcontract Documents and Subparagraph 8.3.2, the Contractor shall incorporate the Subcontractor's application for final payment into the Contractor's next application for payment to the Owner without delay, or notify the Subcontractor if there is a delay and the reasons therefore. 8.3.2 REQUIREMENTS: Before the Contractor shall be required to incorporate the Subcontractor's application for final payment into the Contractor's next application for payment, the Subcontractor shall submit to the Contractor:

.1 an affidavit that all payrolls, bills for materials and equipment, and other indebtedness

connected with the Subcontract Work for which the Owner or its property or the Contractor or the Contractor's surety might in any way be liable, have been paid or otherwise satisfied;

.2 consent of surety to final payment, if required;

.3 satisfaction of required closeout procedures;

.4 certification that insurance required by the Subcontract Documents to remain in effect beyond final payment pursuant to Clauses 9.2.3.1 and 9.2.6 is in effect and will not be cancelled or allowed to expire without at least thirty (30) days' written notice to the Contractor unless a longer period is stipulated in this Agreement;

.5 other data, if required by the Contractor or Owner, such as receipts, releases, and waivers of liens to the extent and in such form as may be designated by the Contractor or Owner;

.6 written warranties, equipment manuals, startup and testing required in Paragraph 3.28; and

.7 as-built drawings if required by the Subcontract Documents.

8.3.3 TIME OF PAYMENT: Receipt of final payment by the Contractor from the Owner for the Subcontract Work is a condition precedent to payment by the Contractor to the Subcontractor. The Subcontractor hereby acknowledges that it relies on the credit of the Owner, not the Contractor for payment of Subcontract Work. Final payment of the balance due of the Contract Price shall be made to the Subcontractor:

.1 upon receipt of the Owner's waiver of all claims related to the Subcontract Work except for

unsettled liens, unknown defective work, and non-compliance with the Subcontract Documents or warranties; and

.2 within seven (7) days after receipt by the Contractor of final payment from the Owner for such Subcontract Work.

8.3.4 FINAL PAYMENT DELAY: If the Owner or its designated agent does not issue a certificate for final payment or the Contractor does not receive such payment for any cause which is not the fault of the Subcontractor, the Contractor shall promptly inform the Subcontractor in writing. The Contractor shall also diligently pursue, with the assistance of the Subcontractor, the prompt release by the Owner of the final payment due for the Subcontract Work. At the Subcontractor's request and expense, to the extent agreed upon in writing, the Contractor shall institute reasonable legal remedies to mitigate the damages and pursue payment of the Subcontractor's final payment including interest. 8.3.5 WAIVER OF CLAIMS: Final payment shall constitute a waiver of all claims by the Subcontractor relating to the Subcontract Work, but shall in no way relieve the Subcontractor of liability for the obligations assumed under Paragraphs 3.21 and 3.22, or for faulty or defective work or services discovered after final payment.

8.4 LATE PAYMENT INTEREST: To the extent obtained by the Contractor under the Subcontract Documents, progress payments or final payment due and unpaid under this Agreement shall bear interest from the date payment is due at the rate provided in the Subcontract Documents.

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Standard Form of Agreement Between Anson Independent Schools Page 18 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

8.5 CONTINUING OBLIGATIONS: Provided the Contractor is making payments on or has made payments to the Subcontractor in accordance with the terms of this Agreement, the Subcontractor shall reimburse the Contractor for any costs and expenses for any claim, obligation or lien asserted before or after final payment is made that arises from the performance of the Subcontract Work. The Subcontractor shall reimburse the Contractor for costs and expenses including attorneys' fees and costs and expenses incurred by the Contractor in satisfying, discharging or defending against any such claims, obligation or lien including any action brought or judgment recovered. In the event that any applicable law, statute, regulation or bond requires the Subcontractor to take any action prior to the expiration of the reasonable time for payment referenced in Subparagraph 8.2.5 in order to preserve or protect the Subcontractor's rights, if any, with respect to mechanic's lien or bond claims, then the Subcontractor may take that action prior to the expiration of the reasonable time for payment and such action will not create the reimbursement obligation recited above nor be in violation of this Agreement or considered premature for purposes of preserving and protecting the Subcontractor's rights. 8.6 PAYMENT USE RESTRICTION: Payments received by the Subcontractor shall be used to satisfy the indebtedness owed by the Subcontractor to any person furnishing labor or materials, or both, for use in performing the Subcontract Work through the most current period applicable to progress payments received from the Contractor before it is used for any other purpose. In the same manner, payments received by the Contractor from the Owner for the Subcontract Work shall be dedicated to payment to the Subcontractor. This provision shall bear on this Agreement only, and is not for the benefit of third parties. Moreover, it shall not be construed by the parties to this Agreement or third parties to require that dedicated sums of money or payments be deposited in separate accounts, or that there be other restrictions on commingling of funds. Neither shall these mutual covenants be construed to create any fiduciary duty on the Subcontractor or Contractor, nor create any tort cause of action or liability for breach of trust, punitive damages, or other equitable remedy or liability for alleged breach. 8.7 PAYMENT USE VERIFICATION: If the Contractor has reason to believe that the Subcontractor is not complying with the payment terms of this Agreement, the Contractor shall have the right to contact the Subcontractor's subcontractors and suppliers to ascertain whether they are being paid by the Subcontractor in accordance with this Agreement. 8.8 PARTIAL LIEN WAIVERS AND AFFIDAVITS: As a prerequisite for payments, the Subcontractor shall provide, in a form satisfactory to the Owner and Contractor, partial lien or claim waivers in the amount of the application for payment and affidavits covering its subcontractors and suppliers for completed Subcontract Work. Such waivers may be conditional upon payment. In no event shall Contractor require the Subcontractor to provide an unconditional waiver of lien or claim; either partial or final, prior to receiving payment or in an amount in excess of what it has been paid.

8.8.1: Further, in the event any supplier or sub-contractor files a "Notice to Owner" form, then a lien release from each such party must accompany each application for payment covering amounts paid on pervious applications for payment.

8.9 SUBCONTRACTOR PAYMENT FAILURE: Upon payment by the Contractor, the Subcontractor shall promptly pay its subcontractors and suppliers the amounts to which they are entitled. In the event the Contractor has reason to believe that labor, material or other obligations incurred in the performance of the Subcontract Work are not being paid, the Contractor may give written notice of a potential claim or lien to the Subcontractor and may take any steps deemed necessary to assure that progress payments are utilized to pay such obligations, including but not limited to the issuance of joint checks. If upon receipt of notice, the Subcontractor does not (a) supply evidence to the satisfaction of the Contractor that the moneys owing have been paid; or (b) post a bond indemnifying the Owner, the Contractor, the Contractor's surety, if any, and the premises from a claim or lien, the Contractor shall have the right to withhold from any payments due or to become due to the Subcontractor a reasonable amount to protect the Contractor from any and all loss, damage or expense including attorneys' fees that may arise out of or relate to any such claim or lien.

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Standard Form of Agreement Between Anson Independent Schools Page 19 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

8.10 SUBCONTRACTOR ASSIGNMENT OF PAYMENTS: The Subcontractor shall not assign any moneys due or to become due under this Agreement, without the written consent of the Contractor, unless the assignment is intended to create a new security interest within the scope of Article 9 of the Uniform Commercial Code. Should the Subcontractor assign all or any part of any moneys due or to become due under this Agreement to create a new security interest or for any other purpose, the instrument of assignment shall contain a clause to the effect that the assignee's right in and to any money due or to become due to the Subcontractor shall be subject to the claims of all persons, firms and corporations for services rendered or materials supplied for the performance of the Subcontract Work. 8.11 PAYMENT NOT ACCEPTANCE: Payment to the Subcontractor does not constitute or imply acceptance of any portion of the Subcontract Work. 8.12: Subcontractor acknowledges and agrees that all payments to be made to it under this subcontract shall be made from the Contractor's office in Gadsden County, Florida

ARTICLE 9 INDEMNITY, INSURANCE AND WAIVER OF SUBROGATION

9.1 INDEMNITY: 9.1.1 INDEMNITY: To the fullest extent permitted by law, the Subcontractor shall defend, indemnify and hold harmless the Contractor, the Contractor's other subcontractors, the Architect/Engineer, the Owner and their agents, consultants and employees (the Indemnities) from all claims for bodily injury and property damage that may arise from the performance of the Subcontract Work to the extent of the negligence attributed to such acts or omissions by the Subcontractor, the Subcontractor's subcontractors or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. 9.1.2 NO LIMITATION ON LIABILITY: In any and all claims against the Indemnities by any employee of the Subcontractor, anyone directly or indirectly employed by the Subcontractor or anyone for whose acts the Subcontractor may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 9.1.3: The Subcontractor further agrees to pay all costs including, but not limited to, legal expense and attorney's fees incurred by the Contractor in the enforcement of this subcontract or incurred in the release of any lien imposed on the Owner or bond on the project by the action and/or inaction of the Subcontractor. 9.2 INSURANCE: 9.2.1 SUBCONTRACTOR'S INSURANCE: Before commencing the Subcontract Work, and as a condition of payment, the Subcontractor shall purchase and maintain insurance that will protect it from the claims arising out of its operations under this Agreement, whether the operations are by the Subcontractor, or any of its consultants or subcontractors or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 9.2.2 MINIMUM LIMITS OF LIABILITY: The Subcontractor shall maintain at least the limits of liability in a company satisfactory to the Contractor as set forth in Exhibit D. 9.2.3 PROFESSIONAL LIABILITY INSURANCE:

9.2.3.1 PROFESSIONAL LIABILITY INSURANCE: The Subcontractor shall require the Designer(s) to maintain Project Specific Professional Liability Insurance with a company satisfactory to the Contractor, including contractual liability insurance against the liability assumed in Paragraph 3.8, and

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Standard Form of Agreement Between Anson Independent Schools Page 20 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

including coverage for any professional liability caused by any of the Designer's(s') consultants. Said insurance shall have specific minimum limits as set forth below:

Limit of $1,000,000.00 per claim. General Aggregate of $2,000,000,.00 for the subcontract services rendered. The Professional Liability Insurance shall contain prior acts coverage sufficient to cover all subcontract services rendered by the Designer. Said insurance shall be continued in effect with an extended period of 7 years following final payment to the Designer. Such insurance shall have a maximum deductible amount of $5,000.00 per occurrence. The deductible shall be paid by the Subcontractor or Designer.

9.2.3.2: The Subcontractor shall require the Designer to furnish to the Subcontractor and Contractor, before the Designer commences its services, a copy of its professional liability policy evidencing the coverage’s required in this Paragraph. No policy shall be cancelled or modified without thirty (30) days' prior written notice to the Subcontractor and Contractor.

9.2.4 NUMBER OF POLICIES: Commercial General Liability Insurance and other liability insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability Policy. 9.2.5 CANCELLATION, RENEWAL AND MODIFICATION: The Subcontractor shall maintain in effect all insurance coverage’s required under this Agreement at the Subcontractor's sole expense and with insurance companies acceptable to the Contractor. The policies shall contain a provision that coverage will not be cancelled or not renewed until at least thirty (30) days' prior written notice has been given to the Contractor. Certificates of insurance showing required coverage to be in force pursuant to Subparagraph 9.2.2 shall be filed with the Contractor prior to commencement of the Subcontract Work. In the event the Subcontractor fails to obtain or maintain any insurance coverage required under this Agreement, the Contractor may purchase such coverage as desired for the Contractor's benefit and charge the expense to the Subcontractor, or terminate this Agreement. 9.2.6 CONTINUATION OF COVERAGE: The Subcontractor shall continue to carry Completed Operations Liability Insurance for at least 7 years after either ninety (90) days following Substantial Completion of the Work or final payment to the Contractor, whichever is earlier. The Subcontractor shall furnish the Contractor evidence of such insurance at final payment and one year from final payment. 9.2.7 BUILDER'S RISK INSURANCE:

9.2.7.1: Upon written request of the Subcontractor, the Contractor shall provide the Subcontractor with a copy of the Builder's Risk policy of insurance or any other property or equipment insurance in force for the Project and procured by the Owner or Contractor. The Contractor will advise the Subcontractor if a Builder's Risk policy of insurance is not in force. 9.2.7.2: If the Owner or Contractor has not purchased Builder's Risk insurance satisfactory to the Subcontractor, the Subcontractor may procure such insurance as will protect the interests of the Subcontractor, its subcontractors and their subcontractors in the Subcontract Work. 9.2.7.3: If not covered under the Builder's Risk policy of insurance or any other property or equipment insurance required by the Subcontract Documents, the Subcontractor shall procure and maintain at the Subcontractor's own expense property and equipment insurance for the Subcontract Work including portions of the Subcontract Work stored off the site or in transit, when such portions of the Subcontract Work are to be included in an application for payment under Article 8.

9.2.8 WAIVER OF SUBROGATION:

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Standard Form of Agreement Between Anson Independent Schools Page 21 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

9.2.8.1: The Contractor and Subcontractor waive all rights against each other, the Owner and the Architect/Engineer, and any of their respective consultants, subcontractors, and sub-subcontractors, agents and employees, for damages caused by perils to the extent covered by the proceeds of the insurance provided in Clause 9.2.7.1, except such rights as they may have to the insurance proceeds. The Subcontractor shall require similar waivers from its subcontractors. 9.2.9 ENDORSEMENT: If the policies of insurance referred to in this Article require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed.

ARTICLE 10 CONTRACTOR'S RIGHT TO PERFORM SUBCONTRACTOR'S

RESPONSIBILITIES AND TERMINATION OF AGREEMENT 10.1 FAILURE OF PERFORMANCE:

10.1.1 NOTICE TO CURE: If the Subcontractor refuses or fails to supply enough properly skilled workers, proper materials, or maintain the Progress Schedule, or fails to make prompt payment to its workers, subcontractors or suppliers, or disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a material breach of a provision of this Agreement, the Subcontractor shall be deemed in default of this Agreement. If the Subcontractor fails within three (3) days after written notification to commence and continue satisfactory correction of the default with diligence and promptness, then the Contractor without prejudice to any other rights or remedies shall have the right to any or all of the following remedies:

.1 supply workers, materials, equipment and facilities as the Contractor deems necessary for the

completion of the Subcontract Work or any part which the Subcontractor has failed to complete or perform after written notification, and charge the cost, including reasonable overhead, profit, attorneys' fees, costs and expenses to the Subcontractor;

.2 contract with one or more additional contractors to perform such part of the Subcontract Work as the Contractor determines will provide the most expeditious completion of the Work, and charge the cost to the Subcontractor as provided under Clause 10.1.1.1; and/or

.3 withhold any payments due or to become due the Subcontractor pending corrective action in amounts sufficient to cover losses and compel performance to the extent required by and to the satisfaction of the Contractor.

In the event of an emergency affecting the safety of persons or property, the Contractor may proceed as above without notice, but the Contractor shall give the Subcontractor notice promptly after the fact as a precondition of cost recovery.

10.1.2 TERMINATION BY CONTRACTOR: If the Subcontractor fails to commence and satisfactorily continue correction of a default within three (3) days after written notification issued under Subparagraph 10.1.1, then the Contractor may, in lieu of or in addition to Subparagraph 10.1.1, issue a second written notification, to the Subcontractor and its surety, if any. Such notice shall state that if the Subcontractor fails to commence and continue correction of a default within seven (7) days of the written notification, the Agreement will be deemed terminated. A written notice of termination shall be issued by the Contractor to the Subcontractor at the time the Subcontractor is terminated. The Contractor may furnish those materials, equipment and/or employ such workers or subcontractors as the Contractor deems necessary to maintain the orderly progress of the Work. All costs incurred by the Contractor in performing the Subcontract Work, including reasonable overhead, profit and attorneys' fees, costs and expenses, shall be deducted from any moneys due or to become due the Subcontractor. The Subcontractor shall be liable for the payment of any amount by which such expense may exceed the unpaid balance of the Subcontract Amount. At the Subcontractor's request, the Contractor shall provide a detailed accounting of the costs to finish the Subcontract Work.

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Standard Form of Agreement Between Anson Independent Schools Page 22 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

10.1.3 USE OF SUBCONTRACTOR'S EQUIPMENT: If the Contractor performs work under this Article, either directly or through other subcontractors, the Contractor or other subcontractors shall have the right to take and use any materials, implements, equipment, appliances or tools furnished by, or belonging to the Subcontractor and located at the Project site for the purpose of completing any remaining Subcontract Work. Immediately upon completion of the Subcontract Work, any remaining materials, implements, equipment, appliances or tools not consumed or incorporated in performance of the Subcontract Work, and furnished by, belonging to, or delivered to the Project by or on behalf of the Subcontractor, shall be returned to the Subcontractor in substantially the same condition as when they were taken, normal wear and tear excepted.

10.2 BANKRUPTCY:

10.2.1 TERMINATION ABSENT CURE: If the Subcontractor files a petition under the Bankruptcy Code, this Agreement shall terminate if the Subcontractor or the Subcontractor's trustee rejects the Agreement or, if there has been a default, the Subcontractor is unable to give adequate assurance that the Subcontractor will perform as required by this Agreement or otherwise is unable to comply with the requirements for assuming this Agreement under the applicable provisions of the Bankruptcy Code. 10.2.2 INTERIM REMEDIES: If the Subcontractor is not performing in accordance with the Progress Schedule at the time a petition in bankruptcy is filed, or at any subsequent time, the Contractor, while awaiting the decision of the Subcontractor or its trustee to reject or to assume this Agreement and provide adequate assurance of its ability to perform, may avail itself of such remedies under this Article as are reasonably necessary to maintain the Progress Schedule. The Contractor may offset against any sums due or to become due the Subcontractor all costs incurred in pursuing any of the remedies provided including, but not limited to, reasonable overhead, profit and attorneys' fees. The Subcontractor shall be liable for the payment of any amount by which costs incurred may exceed the unpaid balance of the Subcontract Price.

10.3 SUSPENSION BY OWNER: Should the Owner suspend the Work or any part which includes the Subcontract Work and such suspension is not due to any act or omission of the Contractor, or any other person or entity for whose acts or omissions the Contractor may be liable, the Contractor shall notify the Subcontractor in writing and upon receiving notification the Subcontractor shall immediately suspend the Subcontract Work. In the event of Owner suspension, the Contractor's liability to the Subcontractor shall be limited to the extent of the Contractor's recovery on the Subcontractor's behalf under the Subcontract Documents. The Contractor agrees to cooperate with the Subcontractor, at the Subcontractor's expense, in the prosecution of any Subcontractor claim arising out of an Owner suspension and to permit the Subcontractor to prosecute the claim, in the name of the Contractor, for the use and benefit of the Subcontractor. 10.4 TERMINATION BY OWNER: Should the Owner terminate its contract with the Contractor or any part which includes the Subcontract Work, the Contractor shall notify the Subcontractor in writing within three (3) days of the termination and upon written notification, this Agreement shall be terminated and the Subcontractor shall immediately stop the Subcontract Work, follow all of Contractor's instructions, and mitigate all costs. In the event of Owner termination, the Contractor's liability to the Subcontractor shall be limited to the extent of the Contractor's recovery on the Subcontractor's behalf under the Subcontract Documents. The Contractor agrees to cooperate with the Subcontractor, at the Subcontractor's expense, in the prosecution of any Subcontractor claim arising out of the Owner termination and to permit the Subcontractor to prosecute the claim, in the name of the Contractor, for the use and benefit of the Subcontractor, or assign the claim to the Subcontractor. 10.5 CONTINGENT ASSIGNMENT OF THIS AGREEMENT: The Contractor's contingent assignment of this Agreement to the Owner, as provided in the Owner Contractor agreement, is effective when the Owner has terminated the Owner-Contractor agreement for cause and has accepted the assignment by notifying the Subcontractor in writing. This contingent assignment is subject to the prior rights of a surety that may be obligated under the Contractor's bond, if any. Subcontractor consents to such assignment and agrees

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Standard Form of Agreement Between Anson Independent Schools Page 23 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

to be bound to the assignee by the terms of this Agreement, provided that the assignee fulfills the obligations of the Contractor. 10.6 SUSPENSION BY CONTRACTOR: The Contractor may order the Subcontractor in writing to suspend all or any part of the Subcontract Work for such period of time as may be determined to be appropriate for the convenience of the Contractor. Phased Work or interruptions of the Subcontract Work for short periods of time shall not be considered a suspension. The Subcontractor, after receipt of the Contractor's order, shall notify the Contractor in writing in sufficient time to permit the Contractor to provide timely notice to the Owner in accordance with the Owner-Contractor agreement of the effect of such order upon the Subcontract Work. The Subcontract Amount or Progress Schedule shall be adjusted by Subcontract Change Order for any increase in the time or cost of performance of this Agreement caused by such suspension. No claim under this Paragraph shall be allowed for any costs incurred more than fourteen (14) days prior to the Subcontractor's notice to the Contractor. Neither the Subcontract Amount nor the Progress Schedule shall be adjusted for any suspension, to the extent that performance would have been suspended, due in whole or in part to the fault or negligence of the Subcontractor or by a cause for which Subcontractor would have been responsible. The Subcontract Amount shall not be adjusted for any suspension to the extent that performance would have been suspended by a cause for which the Subcontractor would have been entitled only to a time extension under this Agreement. 10.7 WRONGFUL EXERCISE: If the Contractor wrongfully exercises any option under this Article, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract Work performed by the Subcontractor prior to the Contractor's wrongful action, including reasonable overhead and profit on the Subcontract Work performed, less prior payments made, together with reasonable overhead and profit on the Subcontract Work not executed, and other costs incurred by reason of such action. 10.8 TERMINATION BY SUBCONTRACTOR: If the Subcontract Work has been stopped for thirty (30) days because the Subcontractor has not received progress payments or has been abandoned or suspended for an unreasonable period of time not due to the fault or neglect of the Subcontractor, then the Subcontractor may terminate this Agreement upon giving the Contractor seven (7) days' written notice. Upon such termination, Subcontractor shall be entitled to recover from the Contractor payment for all Subcontract Work satisfactorily performed but not yet paid for, including reasonable overhead, profit and attorneys' fees, costs and expenses, subject to the terms of Paragraphs 8.2 and 8.3. The Contractor's liability for any other damages claimed by the Subcontractor under such circumstances shall be extinguished by the Contractor pursuing said damages and claims against the Owner, on the Subcontractor's behalf, in the manner provided for in Subparagraphs 10.3 and 10.4 of this Agreement. 10.9: The Contractor shall not be liable to Subcontractor for any damages or delay to Subcontractor's work caused by other subcontractors, or by any cause beyond Contractor's control, or caused or contributed to by the Subcontractor. 10.10: When Contractor is involved in any arbitration or litigation which in any manner relates to this Subcontractor or the labor, material or services to be provided there under, the Subcontractor shall be responsible to fully prepare and present, under the Contractor's supervision, the Contractor's case as it relates to this subcontract. In the event the Subcontractor fails to act as provided herein, the Contractor shall take whatever means are necessary to fully prepare and present its case as it relates to this subcontract, and the cost of which, including reasonable attorney's fees, shall be borne by the Subcontractor. In either event, the Subcontractor hereby agrees to be bound by the result of the arbitration or litigation to the same degree as the Contractor, as it pertains to the subcontract. 10.11: Should Subcontractor have a claim against the Contractor or any other subcontractor or supplier of the Contractor on the Project by reason of the actions or omissions of such other subcontractor or supplier, then Subcontractor shall make claim directly against such other subcontractor or supplier and is hereby assigned and entitled to assert all rights that the Contractor may have against such other subcontractor or supplier in connection with said claim. Said assignment shall be for the limited and express purpose of pursuing Subcontractor's claim and, in consideration thereof, Subcontractor agrees to make no direct claim

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Standard Form of Agreement Between Anson Independent Schools Page 24 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

against the Contractor and expressly waives all rights against the Contractor for any loss or expense which may reasonably be attributed to the act or omission of another subcontractor or supplier. Except as specifically provided in the contract documents, Subcontractor shall have no claim against the Contractor for any sum whatsoever, for any cause whatsoever.

ARTICLE 11 DISPUTE RESOLUTION

11.1 INITIAL DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement or its breach, the parties shall endeavor to settle the dispute first through direct discussions. If the dispute cannot be resolved through direct discussions, the parties shall participate in mediation under the Construction Industry Mediation Rules of the American Arbitration Association before recourse to any other form of binding dispute resolution. The location of the mediation shall be Leon County, Florida. Once a party files a request for mediation with the other party and with the American Arbitration Association, the parties agree to commence such mediation within thirty (30) days of filing of the request. Either party may terminate the mediation at any time after the first session, but the decision to terminate must be delivered in person to the other party and the mediator. Engaging in mediation is a condition precedent to any other form of binding dispute resolution. 11.2 WORK CONTINUATION AND PAYMENT: Unless otherwise agreed in writing, the Subcontractor shall continue the Subcontract Work and maintain the Progress Schedule during any dispute resolution proceedings. If the Subcontractor continues to perform, the Contractor shall continue to make payments in accordance with this Agreement. 11.3 NO LIMITATION OF RIGHTS OR REMEDIES: Nothing in this Article shall limit any rights or remedies not expressly waived by the Subcontractor which the Subcontractor may have under lien laws or payment bonds. 11.4 MULTIPARTY PROCEEDING: The parties agree that to the extent permitted by Subcontract Documents, all parties necessary to resolve a claim shall be parties to the same dispute resolution proceeding. To the extent disputes between the Contractor and Subcontractor involve in whole or in part disputes between the Contractor and the Owner, disputes between the Subcontractor and the Contractor shall be decided by the same tribunal and in the same forum as disputes between the Contractor and the Owner. 11.5 DISPUTES BETWEEN CONTRACTOR AND SUBCONTRACTOR: In the event that the provisions for resolution of disputes between the Contractor and the Owner contained in the Subcontract Documents do not permit consolidation or joinder with disputes of third parties, such as the Subcontractor, resolution of disputes between the Subcontractor and the Contractor involving in whole or in part disputes between the Contractor and the Owner shall be stayed pending conclusion of any dispute resolution proceeding between the Contractor and the Owner. At the conclusion of those proceedings, disputes between the Subcontractor and the Contractor shall be submitted again to mediation pursuant to Paragraph 11.1. Any disputes not resolved by mediation shall be decided in the manner selected in the agreement between the Owner and the Contractor. 11.6 COST OF DISPUTE RESOLUTION: The cost of any mediation proceeding shall be shared equally by the parties participating. The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by a dispute resolution procedure designated in the Subcontract Documents shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such dispute resolution process.

ARTICLE 12 MISCELLANEOUS PROVISIONS

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Standard Form of Agreement Between Anson Independent Schools Page 25 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

12.1 GOVERNING LAW: This Agreement shall be governed by the law in effect at the location of the Project. 12.2 SEVERABILITY: The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. 12.3 NO WAIVER OF PERFORMANCE: The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of term, covenant, condition or right with respect to further performance. 12.4 TITLES: The titles given to the Articles of this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. 12.5 OTHER PROVISIONS AND DOCUMENTS: Other provisions and documents applicable to the Subcontract Work are set forth in Exhibit E. 12.6 JOINT DRAFTING: The parties expressly agree that this Agreement was jointly drafted, and that they both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this Agreement shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner. 12.7: Access panels and/or access doors shall be furnished and installed by the Subcontractor where they occur in his work, either shown or required. Firesafing, as required for the Subcontractor’s work (penetrations, etc.), shall be furnished and installed by the Subcontractor. The Subcontractor shall protect and make economical use of any materials furnished by the Contractor; damage to, or unnecessary waste of, materials (as determined by Contractor) shall be at the expense of the Subcontractor. 12.8: Subject to other provisions hereof, this subcontract shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 12.9: Each of the parties hereto agrees and represents that the contract documents comprise the full and entire agreement between the parties affecting the work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by this subcontract. 12.10 Jobsite communication: Each Subcontractor will provide for, in their base bid, for a cell phone for each key person in a supervisory capacity on site as directed by the Contractor. This will enable an immediate communication link between Southland’s supervisory personnel and the Subcontractor’s supervisory personnel. This cell phone must be carried at all times while on site and must be maintained in good working order. 12.11 DEFICIENCY/PUNCH LIST PROCEDURE: To insure timely completion of the Project and to minimize the Subcontractor’s overhead (General Conditions) expense, deficiency/punch list work will proceed concurrently with main construction activities as scheduled by the Contractor. To insure timely completion of the work, Subcontractor will provide additional, skilled personnel to perform deficiency/punch list work. Personnel will not be taken from on-site crews to perform these activities. Dedicated, skilled personnel will supervise and complete all deficiency/punch list work within time limits specified by the punch list or deficiency notification whichever is presented first. 12.12: Prior to final payment, Subcontractor shall provide Exhibit I, signed and notarized.

ARTICLE 13 EXISTING SUBCONTRACT DOCUMENT

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Standard Form of Agreement Between Anson Independent Schools Page 26 of 26 Contractor and Subcontractor 1431 Commercial Ave Subcontractor: Anson, TX 79501 Contractor:

As defined in Paragraph 2.3, the following Exhibits are a part of this Agreement. EXHIBIT A Temporary Services, stating specific responsibilities of the Subcontractor, 2 pages. EXHIBIT B Progress Schedule, 1 page. EXHIBIT C Alternates and Unit Prices, include dates when alternates and unit prices no longer apply, 1 page. EXHIBIT D Insurance Provisions, 1 page. EXHIBIT E Other Provisions and Documents, 1 page. EXHIBIT F The Subcontract Work, 2 pages. EXHIBIT G The Drawings, Specifications, General and other conditions, addenda and other information, 1 page. EXHIBIT H Southland Contracting, Inc. Safety Policy, 3 pages. EXHIBIT I Subcontractor Guarantee, 1 page. EXHIBIT J Miscellaneous Attachments, 1 page. This Agreement is entered into as of the date entered in Article 1. CONTRACTOR: Southland Contracting, Inc. BY: PRINT NAME: PRINT TITLE: DATE: ATTEST: SUBCONTRACTOR: BY: PRINT NAME: PRINT TITLE: DATE: ATTEST:

END OF DOCUMENT

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Exhibit A Anson Independent Schools Page 1of 2 Subcontractor 1431 Commercial Ave Contractor Anson, TX 79501

Exhibit A Temporary Services

TEMPORARY UTILITIES (WATER AND ELECTRICITY) WILL BE PROVIDED BY THE GENERAL CONTRACTOR FOR STANDARD USE ONLY. EACH SUBCONTRACTOR SHALL BEAR THE COST OF UTILITIES USED FOR A SPECIFIC OPERATION REQUIRING LONGER AMOUNTS OF THESE UTILITIES (I.E., IRRIGATION, H.V.A.C. TEST AND BALANCE, AND OVERTIME LIGHTING). THIS SUBCONTRACTOR SHALL BE RESPONSIBLE FOR ALL TEMPORARY SITE FACILITIES, UTILITIES, SECURITY OF STORAGE FACILITIES THAT THE SUBCONTRACTOR DEEMS NECESSARY FOR ITS WORK; SHALL PROVIDE ANY TEMPORARY SERVICES NORMALLY PROVIDED BY THE TRADE; AND SHALL PAY FOR ANY LONG DISTANCE CALLS MADE ON THE GENERAL CONTRACTOR'S TELEPHONE. ALL MOVEMENTS TO AND FROM THE PROJECT, AND STORAGE SITES ON THIS PROJECT, SHALL BE APPROVED BY THE JOB SUPERINTENDENT. IT IS REQUIRED THAT THIS SUBCONTRACTOR'S PERSONNEL NOTIFY THE FIELD OFFICE WHEN ARRIVING AND LEAVING THE PROJECT AND PROVIDE ALL REQUIRED DAILY REPORTS IN THE REQUESTED TIME FRAME. THE FOLLOWING DESCRIBES THE TEMPORARY FACILITIES TO BE PROVIDED AND WHO IS RESPONSIBLE FOR PROVIDING THESE FACILITIES: A. SOUTHLAND CONTRACTING, INC. WILL PROVIDE TEMPORARY TOILETS AND

RELATED MAINTENANCE IN THE CONSTRUCTION AREA ONLY. B. TEMPORARY POWER TO ANY SUBCONTRACTOR OFFICE TRAILER WILL BE

THE RESPONSIBILITY OF THE SUBCONTRACTOR, INCLUDING ALL SECONDARY POLES, HOOK-UPS, METERING FEES AND POWER CONSUMPTION COSTS.

C. TEMPORARY WATER SYSTEM FOR CONSTRUCTION USE WILL BE PROVIDED ON SITE PER PARAGRAPH G BELOW, UNLESS OTHERWISE STIPULATED ON SCOPE OF WORK. EACH SUBCONTRACTOR WILL BE RESPONSIBLE FOR HIS OR HER OWN DRINKING WATER AND ICE.

D. THE CONSTRUCTION MANAGER WILL PROVIDE CENTRALLY LOCATED DUMPSTERS FOR SUBCONTRACTOR'S USE, UNLESS OTHERWISE STIPULATED IN SCOPE OF WORK. NO HAZARDOUS WASTE SHALL BE PLACED IN DUMPSTERS. THESE TYPES OF MATERIALS WILL BE THE -RESPONSIBILITY OF EACH TRADE CONTRACTOR TO PROPERLY DISPOSE OF OFF-SITE.

E. PROVIDING TEMPORARY SANITATION AND/OR HOLDING TANK(S) FOR SUBCONTRACTOR'S TRAILER IS THE RESPONSIBILITY OF EACH SUBCONTRACTOR.

F. THE ELECTRICAL CONTRACTOR WILL PROVIDE THE 110 VOLT POWER SYSTEM FOR THE SITE CONSTRUCTION AREAS AS REQUIRED BY OSHA STANDARDS AND DIRECTED BY THE CONSTRUCTION MANAGER, UNLESS OTHERWISE STIPULATED IN SCOPE OF WORK. ALL COSTS TO INSTALL AND MAINTAIN THIS SYSTEM WILL BE INCLUDED IN THE ELECTRICAL CONTRACTOR'S BASE BID.

G. PLUMBING CONTRACTOR WILL INSTALL/REMOVE TEMPORARY WATER AT THE CONSTRUCTION SITE AS PART OF THE PLUMBING CONTRACTOR'S BASE BID, UNLESS OTHERWISE STIPULATED IN SCOPE OF WORK. PLUMBING CONTRACTOR WILL FURNISH AND INSTALL ALL TEMPORARY METERS REQUIRED FOR THE TEMPORARY WATER. THE CONSTRUCTION MANAGER WILL PAY ALL CONSUMPTION COSTS. (ADDITIONAL TEMPORARY FACILITIES

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Exhibit A Anson Independent Schools Page 2of 2 Subcontractor 1431 Commercial Ave Contractor Anson, TX 79501

WORK BY THIS SUBCONTRACTOR IS DETAILED IN ASSOCIATED BID PACKAGES).

H. PLUMBING CONTRACTOR WILL INSTALL/REMOVE TEMPORARY WATER TO THE CONSTRUCTION MANAGER'S TRAILER. THE CONSTRUCTION MANAGER WILL PAY COSTS FOR WATER USED AT HIS TRAILER.

I. ALL OTHER TEMPORARY FACILITIES/UTILITIES REQUIRED TO PERFORM THE WORK CONTAINED HEREIN SHALL BE THE RESPONSIBILITY OF EACH INDIVIDUAL SUBCONTRACTOR.

J. THIS SUBCONTRACTOR SHALL BE RESPONSIBLE FOR REMOVAL OF THEIR TEMPORARY FACILITIES/UTILITIES INSTALLED FOR THE PERFORMANCE OF THE WORK CONTAINED HEREIN.

K. STORAGE SHEDS AND FENCING AS NEEDED FOR HIS WORK SHALL BE PROVIDED BY THE SUBCONTRACTOR. THE SUBCONTRACTOR SHALL BE RESPONSIBLE IN ALL RESPECTS FOR THE CONTENTS STORED HEREIN.

L. SOUTHLAND CONTRACTING, INC. SHALL APPROVE ALL STORAGE, PARKING AND STAGING AREAS PRIOR TO SUBCONTRACTOR MOBILIZATION.

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Exhibit B Anson Independent Schools Page 1of 1 Subcontractor 1431 Commercial Ave Contractor Anson, TX 79501

Exhibit B The Schedule

The construction schedule shall be updated through out the project. Starting dates will vary based on the current schedule in effect as of the start of the subcontracted work. Updated schedules shall be provided as changes deem necessary.

a. The work on site for this project shall commence on April 20, 2015 and be substantially complete on or before September 18, 2015

b. It is the responsibility of the Trade Contractor to ensure all submittals are provided timely for the purpose of meeting the above dates including times required for processing and evaluation of submittals by the Architect/Engineer and ample time for manufacture and delivery.

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ID Task Name Duration Start

1

2 Bid Date 1 day Fri 4/17/15

3 NTP 14 days Mon 4/20/15

4 Construction Submittals 14 days Fri 5/8/15

5 Material Procurement & Delivery 21 days Thu 5/28/15

6 Product Installation 60 days Fri 6/26/15

7 Closeout Documents 14 days Fri 9/18/15

8 Substantial Completion 30 days Fri 9/18/15

9 Final Completion 2 days Fri 10/30/15

Mar Apr May Jun Jul Aug Sep Oct NovQtr 2, 2015 Qtr 3, 2015 Qtr 4, 2015

Task

Split

Progress

Milestone

Summary

Project Summary

External Tasks

External Milestone

Deadline

Roofing (BUR - Repairs & Engineered Metal Cap Flashing for ES, MS, HS & Admin Bldg)

Page 1

Project: Bid Package 7A - BURDate: Mon 3/30/15

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Exhibit C Anson Independent Schools Page 1of 1 Subcontractor 1431 Commercial Ave Contractor Anson, TX 79501

Exhibit C Unit Prices & Estimated Quantities

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Exhibit D Anson Independent Schools Page 1of 1 Subcontractor 1431 Commercial Ave Contractor Anson, TX 79501

Exhibit D Minimum Limits of Liability

THIS SUBCONTRACTOR SHALL SUBMIT TO THE GENERAL CONTRACTOR'S OFFICE PRIOR TO THE COMMENCEMENT OF WORK, ACCEPTABLE ORIGINAL INSURANCE CERTIFICATES INCLUDING, BUT NOT LIMITED TO, GENERAL PUBLIC LIABILITY, PROPERTY DAMAGE, AUTOMOBILE/VEHICLE/EQUIPMENT LIABILITY, EXCESS LIABILITY, AND WORKER'S COMPENSATION. PLEASE NOTE THAT THESE CERTIFICATES MUST BE SUBMITTED TO THE GENERAL CONTRACTOR PRIOR TO THE START OF ANY WORK, AND BEFORE ANY PAYMENTS ARE MADE TO THE SUBCONTRACTOR. ANY DEDUCTIBLE AMOUNT ON ANY POLICY RELATED TO THIS SUBCONTRACT IS THE RESPONSIBILITY OF THIS SUBCONTRACTOR. 1. Employees’ Liability Insurance: a. Statutory Limits for: Bodily Injury by Accident, Each Accident Bodily Injury by Disease, Each Employee & Policy Limit 2. Business Automobile Liability Insurance: a. $2,000,000.00: Each Accident 3. Commercial General Liability Insurance: a. $2,000,000.00: Each Occurrence b. $2,000,000.00: General Aggregate c. $2,000,000.00 Products/Completed Operations Aggregate d. $2,000,000.00 Personal and Advertising Injury Limit Certificate shall name Southland Contracting, Inc. as an additional insured. Please reference the Job Name.

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Exhibit E Anson Independent Schools Page 1of 1 Subcontractor 1431 Commercial Ave Contractor Anson, TX 79501

Exhibit E Other Provisions and Documents:

None.

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Exhibit F Anson Independent Schools Page 1of 1 Subcontractor Storm Damage Repairs Contractor

Exhibit F The Subcontract Work

GENERAL: ALL WORK SHALL BE PERFORMED TO INDUSTRY STANDARDS, IN STRICT ACCORDANCE WITH THE PLANS, SPECIFICATIONS, ALTERNATES AND ADDENDAS AND ALL REQUIRED CODES, ORDINANCES, AND REGULATIONS FROM STATE, COUNTY, CITY OR GOVERNMENT AGENCY, FOR A COMPLETE JOB, CLEANED AND READY FOR THE OWNER'S USE. THE SUBCONTRACTOR SHALL COORDINATE ITS WORK WITH THE OTHER TRADES TO INSURE A PROPER FIT SO AS TO PROVIDE A PROPER AND COMPLETE OPERABLE INSTALLATION. DRAWINGS AND SPECIFICATIONS: THE DRAWINGS AND SPECIFICATIONS ARE COMPLEMENTARY EACH TO THE OTHER. WHAT IS CALLED FOR BY ONE SHALL BE AS BINDING AS IF CALLED FOR BY BOTH. OMISSIONS FROM THE DRAWINGS AND SPECIFICATIONS OF DETAILS OF WORK WHICH ARE EVIDENTLY NECESSARY TO CARRY OUT THE INTENT OF THE DRAWINGS AND SPECIFICATIONS, OR WHICH ARE CUSTOMARILY PERFORMED, SHALL NOT RELIEVE THE SUBCONTRACTOR FROM PERFORMING SUCH WORK. IN ANY CASE OF DISCREPANCY IN THE FIGURES OR CATALOG NUMBERS, THE MATTER SHALL BE SUBMITTED TO THE ARCHITECT/ENGINEER WHO SHALL MAKE A DETERMINATION IN WRITING. ANY EXTRA WORK AND/OR ADJUSTMENT BY THE SUBCONTRACTOR WITHOUT WRITTEN APPROVAL FROM THE GENERAL CONTRACTOR SHALL BE AT THE SUBCONTRACTOR'S OWN RISK AND EXPENSE. DRAWINGS ARE DIAGRAMMATIC ONLY. DO NOT SCALE THE DRAWINGS. ALL EQUIPMENT AND/OR MATERIALS SHALL BE INSTALLED IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS, AND ANY CONFLICTING DATA SHALL BE VERIFIED WITH THE ARCHITECT/ENGINEER BEFORE INSTALLATION. THIS SUBCONTRACTOR ACKNOWLEDGES THAT THE PLANS AND SPECIFICATIONS ARE DIVIDED INTO SECTIONS FOR CONVENIENCE ONLY AND, BY SO DOING, NO ATTEMPT HAS BEEN MADE TO ISOLATE THIS SUBCONTRACTOR'S WORK. THIS ENTIRE SUBCONTRACTOR'S RELATED WORK IS PART OF THIS SUBCONTRACT REGARDLESS WHERE SHOWN OR SPECIFIED. SCOPE OF WORK: PROVIDE ALL LABOR, MATERIAL, EQUIPMENT AND EXPERTISE TO COMPLETE THE WORK AS INDICATED IN THE CONSTRUCTION DOCUMENTS, SPECIFICALLY, BUT NOT LIMITED TO:

(Roofing - Special Requirements & Work Items):

1) ALL CONSTRUCTION RELATED PERSONNEL TO CONDUCT ACTIVITIES AND BEHAVIOR IN ACCORDANCE TO ANSON SCHOOL BOARD GUIDELINES AND REGULATIONS. IT IS THE CONRACTOR’S RESPONSIBILITY TO HAVE REVIEWED ALL GENERAL AND SPECIAL CONDITIONS THAT APPLY TO THIS JOB. NO LITERATURE WITHIN THE CONTRACT DOCUMENTS IS TO BE ASSUMED OR UNDERSTOOD AS GENERIC, NON-APPLICABLE, OR NON-PRACTICAL THROUGH ANY INTERPRETATION OR SINCE IN THEREOF AS IT RELATES TO YOUR TRADE WORK, UNLESS NOTED OTHERWISE.

2) ANY TRADE CONTRACTOR INTENDING TO PERFORM WORK OUTSIDE OF NORMAL WORKING HOURS IS REQUIRED TO NOTIFY THE GC 48 HOURS PRIOR TO COMMENCEMENT OF THAT WORK.

3) INCLUDE ALL ROOFING AND SHEETMETAL DEMOLITION AS REQUIRED FOR REPAIR WORK. INCLUDE HANDLING AND DISPOSAL OF ALL DEMOLITION DEBRIS INTO CONSTRUCTION MANGER SUPPLIED CONSTRUCTION DUMPSTER. NOTE: A COMPLETE REVIEW OF THE EXISTING CONDITIONS IS REQUIRED.

4) REMOVE & REPLACE ALL METAL CAP FLASHINGS, METAL SKIRT AND COUNTER FLASHING, EXPANSION JOINTS, BITUMEN BASE FLASHINGS, PERLITE CANT STRIPS, AND DETERIORATED WOOD SOFFITS, ETC AS INDICATED ON JAMES RIPLEY DESIGN PLANS FOR ALL SCHOOLS (ELEMENTRAY, MIDDLE & HIGH SCHOOL AND ADMINISTRATION BUILDING)

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Exhibit G Drawings & Specifications

Exhibit G Anson Independent Schools Page 1of 1 Subcontractor 1431 Commercial Ave Contractor Anson, TX 79501

Drawings prepared by: James Ripley Design Drawings Titled: Overall Roof Repair Plan Storm Damage Repairs For:

Sheet Number

Drawings (Description) Date

R1 Overall Roof Repair Plan – Anson Elementary School 01-06-15 R1 Overall Roof Repair Plan – Anson Middle School 01-06-15 R1 Overall Roof Repair Plan – Anson High School 01-06-15

Spec. Section

Specifications (Description) n/a

01110 Summary of Work (Base Flashing Repairs) 07524 Base Flashing Repairs 07620 Sheetmetal Flashing & Trim Also refer to General Repair Notes on Plan Sheets

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SUMMARY OF WORK (BASE FLASHING REPAR) ANSON INDEPENDENT SCHOOL DISTRICT SECTION 01110

01110-1

PART 1 GENERAL 1.1 RELATED DOCUMENTS

A. Drawings and General Provisions of the Prime Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to Work of this Section.

1.2 WORK UNDER SINGLE CONTRACT

A. The Work of this Contract consists of built up roof refurbishment and flashing repairs for Anson Independent School District.

B. The Owner intends to award a single prime base bid contract, titled "General Construction Contract," for Work to be performed for this Project. The Contractor shall comply with the requirements of the General Conditions and the Supplementary Conditions in accomplishing his Work on this Project.

C. Base Bid General Construction Contract: Includes all roofing, general trades, mechanical,

and electrical items in Divisions 1 through 16 or as required and Work shown on the Drawings.

D. The Contractor shall be responsible for demolition and disposal of existing items relative to

this Contract.

E. The "Contract Documents," as defined in the General Conditions, include "the Drawings", the Contractor shall be responsible for the Work as specified herein and as indicated on the Drawings. Although the majority of the Drawings are "to scale," the Contractor is directed to field verify all dimensions and assumptions used for determining material quantities and for other reasons. No additional monies will be allowed due to the Contractor for use of "scaling instruments" to determine material quantities, lack of adequate field investigation, or for other reasons

1.3 ADMINISTRATIVE RESPONSIBILITIES OF THE CONTRACTOR

A. The Contractor shall be responsible for the maintenance of the construction schedule and the management of the Work. 1. The Contractor shall read the Specifications and Drawings for other separate

contracts direct with the Owner for fixed equipment and the like, to be incorporated and attached or built in to the Work; and familiarize himself with the requirements and responsibilities of other Contracts to enable the required coordination and supervision.

2. The Contractor shall also familiarize himself with other items to be incorporated into the Work including equipment and Work by the Owner.

3. The Contractor shall cooperate with his subcontractors in notifying them when the Work is at a stage to require their services and shall notify the Architect in the event

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that such subcontractors do not carry out their responsibilities in connection with such notification.

4. The Contractor shall maintain a full-time non-working supervisor, on the job site whenever any work by their own forces or any of their subcontractors is in progress.

B. The Contractor shall cooperate with and assist his subcontractors in the preparation of construction progress and procedures, schedule of product deliveries, and their effect on the overall project progress and completion. The subcontractors shall cooperate in getting their Work and the Work of their sub subcontractors completed according to the schedule as prepared and maintained by the Contractor. Each subcontractor shall immediately notify the Contractor of any delay in delivery of products or the scheduled date of completion that may affect the total progress of construction.

C. The Contractor, when required to make connections to existing utilities, especially sewage where gravity flow occurs, shall verify grades and locations at points of such connections and shall notify the Architect of circumstances which would adversely affect the proper flow or connection to such facilities.

D. The Architect and Owner will not tolerate any visible or audible actions initiated or

responded to by any employees or Contractors on this Project toward anyone. Violators shall be promptly removed from the site.

E. Contractors must expend their best effort toward protection of the health, safety, and welfare

of occupants on the Owner’s property during the course of Work on this Project.

F. Contractors and Subcontractors shall be subject to such rules and regulations for the conduct of the Work as the Owner may establish. Employees shall be properly and completely clothed while working. Bare torsos, legs and feet will not be allowed. Possession or consumption of alcoholic beverages or drugs, tobacco or other noxious behavior on the site is strictly prohibited. Possession or transportation of firearms or other weapons on school property is strictly prohibited. Violators shall be promptly removed from the site. Smoking is not permitted on school property or within school buildings.

1.4 DESCRIPTION OF WORK – BASE FLASHING REPAIR:

The scope of work for this project is to perform miscellaneous repairs at all the low slope roof areas and apply a new flashings and cap sheet to refurbish the roof system flashings under this contract, and is considered to include the following:

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A. At all building expansion joints remove and replace the existing "bellows-type" expansion joints.

B. Coping cap at all locations to have splice joint covers installed, field verify existing coping cap dimensions. Remove and replace as indicated on the contract drawing repair notes.

C. Existing edge metal is to remain in place, repair designated splice joints by installing a cover

plate per the unit price allowances. Install new transition and termination fabrications per the project details, paint to match the existing metal finish.

D. Remove existing base flashings, remove existing surface mounted counterflashings, and

prepare surfaces for new work. Install new base flashing cap sheet and new metal counterflashing. Remove and install new reglet mounted counterflashings as detailed.

1.6 PERMITS, FEES AND NOTICES

A. The Contractor shall secure and pay for all permits, governmental fees, and licenses necessary for the proper execution and completion of the Work, which are applicable at the time the bids are received, whether or not effective or scheduled to go into effect, and shall obtain any general building permit (no cost from school district) and other approvals, permits, and fees that may be required by the local governing political entity.

B. Utility Tie-Ins: Shall be arranged by the General Contractor with local utility company and other involved parties for minimum interruption of service.

C. Shutdowns of existing systems shall be limited to minimum time required and scheduled

with other involved parties. Provide 2 days written notice of shutdown to Architect and Owner.

D. Inspections of installed work shall be performed by the governing authority as arranged for

by the Contractor. Work shall not be covered until approved.

E. The Contractor shall give notices and comply with laws, ordinances, rules, regulations, and orders of public authority bearing on the performance of his Work. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Architect in writing, and necessary changes shall be adjusted by appropriate notification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to the Architect, he shall assume full responsibility therefore and shall bear costs attributable thereto

1.7 CONTRACTOR USE OF SITE AND PREMISES

A. General: During the construction period, the Contractor shall have full use of the premises

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for construction operations, including use of the site. The Contractor’s use of the premises is limited only by the Owner’s right to perform work or to retain other Contractors on portions of the Project.

B. Limit use of site and premises to allow: 1. Owner occupancy. 2. Work by others (if still in progress). 3. Use of site and premises by the public.

C. Access to Site: Limited to agreed-upon staging areas and access routes.

D. Emergency Building Exits During Construction: Maintain at all times.

E. Time Restrictions for Performing Interior Work: After school hours.

F. Utility Outages and Shutdown: Allowed only upon coordination with and notification of the

Owner. Limit to after-hours.

G. Be responsible for items of work and material stored on premise. 1.8 PROTECTION OF EXISTING BUILDING, FINISHES, FURNISHINGS AND EQUIPMENT

A. In the event of water intrusion into the building due to the work of this contract, the

contractor is to retain a professional Cleaning and Restoration service to correct any interior conditions within 24 hours of the event to avoid permanent damage to the finishes and interior materials.

B. To protect the interior finishes furnishings and equipment; the building’s air conditioning system must remain in service and active unless a service outage is coordinated with the Owner. Work must be planned to comply with the following criteria: 1. In general classroom areas, no more than three (3) air conditioning units per wing /

hall can be off-line at any one time, and for no more than 48 hours per unit. 2. In the Media Center, and other areas sensitive to temperature and/or humidity, no

more than one air conditioning unit per wing / hall can be off-line at any one time, and for no more than 24 hours per unit.

C. Prior to construction, mark all damaged ceiling panels within the buildings for future removal

and replacement, these ceiling panels will be replaced under the unit price allowances. During construction, inspect the ceiling panels on a daily basis for additional damage or fallen tiles, remove and replace immediately any wet or fallen ceiling tiles. Upon completion of the roof replacement, all existing and newly damaged ceiling panels are to be replaced by a specialized acoustic ceiling installer to ensure proper fit and finish.

D. The contractor must provide adequate temporary protection to properly weatherproof the building and roof replacement areas on a daily basis, as defined by the contract documents. It is the contractor’s responsibility to protect the existing construction and finishes from water

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intrusion during the course of this project.

E. The contractor shall police and clean the exterior areas of work of this project and discard all debris in the appropriate contractor provided waste receptacle / “dumpster” at the end of each work day.

1.9 LABOR AND MATERIALS

A. Unless otherwise specifically noted, the Contractor shall provide and pay for labor,

materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of his Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

B. The Contractor shall enforce strict discipline and good order among his employees or other

persons carrying out Work of his contract and shall not permit employment of unfit person or persons or anyone not skilled in the task assigned to them.

1.10 VERIFICATIONS OF EXISTING DIMENSIONS

A. When verification of existing dimensions is advisable or required, the Contractor requiring

said verification for the construction or fabrication of his material shall be responsible for the procurement of the field information.

1.11 PROJECT SECURITY

A. The General Contractor shall be responsible for developing and conducting a security

program, specifically oriented for the protection of preventing damage, injury or loss to the entire project site and other property at the site or adjacent thereto. This shall be acceptable to the Owner and Architect, and shall remain in effect through Substantial Completion of the Project.

1.12 UTILITY SHUT-OFFS AND CHANGEOVERS

A. Notify the Architect and Owner at least 24 hours in advance of utility connections, or shut-offs.

B. Coordinate these operations with the Owner, through the Architect, and complete the Work

in the minimum amount of time. 1.14 OWNER OCCUPANCY AND ACCESS

A. The Owner will occupy the premises during the entire period of construction. Allow for the conduct of normal operations.

B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations.

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C. Schedule the Work to accommodate this requirement.

D. Comply with established Owner Policies.

E. Maintain AGood Housekeeping@ on site as directed by Owner and Architect.

F. Access for ongoing inspections to the premises and work underway by the Owner and

Architect shall not be restricted. 1.15 SCHEDULE

A. A progress schedule shall be made to include:

1. A start date. 2. A reasonable progression of work by Phase, Building, Task; i.e. 3. A start and finish date for construction materials and components listed in Divisions 2

thru 16 as defined by Section 01320 of these specifications. 1.16 PROJECT RAIN DAY FORM

A. Maintain on a daily basis and submit with each Application for Payment, the Project Rain Day Form attached at the end of this section. Project Rain Day Form shall be signed by the Owner's Representative or Architect daily. See article 8.3 of the General Conditions for additional information regarding how delays due to weather are addressed.

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1.17 INTERIOR INSPECTION FORM

A. Prior to commencing work, the Contractor will schedule a meeting with the Owner's Representative or Architect, to inspect and document the condition of the building interior(s) in both written and digital video or photographic form. Log conditions of ceiling tiles, lights, walls and flooring materials using the Interior Inspection Form attached at the end of this Section. Submit two copies of the digital files and the form signed by the Contractor and Owner's Representative to the Architect prior to the start of construction.

1.18 EXTERIOR INSPECTION FORM

A. Prior to commencing work, the Contractor will schedule a meeting with the Owner's Representative or Architect, to inspect and document the condition of the building exterior conditions in both written and digital video or photographic form. Log conditions of exterior walls, building attachments, sidewalks, miscellaneous paving and landscaping using the Exterior Inspection Form attached at the end of this Section. Submit two copies of the digital files and the form signed by the Contractor and Owner's Representative to the Architect prior to the start of construction.

PART 2 PRODUCTS Not Used PART 3 PRODUCTS Not Used END OF SECTION

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PROJECT RAIN DAY FORM Month: Project Name: Project No: Contractor: Owner's Authorized Rep.: DAY

MORNING COND./TIME

AFTERNOON COND./TIME

SUPERINTENDENT SIGNATURE

AUTH. OWNER'S REP. SIGNATURE

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

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INTERIOR INSPECTION FORM ROOM

NO.

CEILING TILE CONDITION

LIGHT LENSE STAINS

WALL CONDITION

CARPET CONDITION

BROKEN STAINED CRACKED

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EXTERIOR INSPECTION FORM ROOF AREA

SIDEWALK CONDITION

GRASS

SHRUBBERY CONDITIONS

MISC. CONDITIONS

BROKEN STAINED CRACKED

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PART 1 GENERAL

1.1 SUMMARY

A. Section Includes: 1. Deficiency and maintenance repairs to existing granule surfaced modified

bitumen roofing systems.

B. Related Sections: 1. Section 01110 – Summary of Work

1.2 REFERENCES

A. FM Global 1. Roof Assembly Classifications. 2. FM 4470 - Base ply fasteners to meet Factory Mutual Research Approval

Standard #4470

B. NRCA 1. NRCA/ARMA - Manual of Roof Maintenance and Roof Repairs 2. NRCA Roofing and Waterproofing Manual

C. UL (Underwriters Laboratories, Inc.) 1. Fire Hazard Classifications

1.3 SCOPE OF WORK

A. The design intent is to perform repairs to existing modified bitumen roofing membrane systems utilizing hot and cold process techniques to address deficiencies and perform maintenance to extend the service life of the existing roof systems prior to the application of a new cap sheet over the existing roof membrane.

B. Roof areas to receive repairs are indicated on the drawing repair notes.

C. All of the repairs for the above roof areas have been defined within the “Specific Repair Notes” and “Repair Legend” provided on the roof plans. The Owner’s intent is to perform the indicated repairs at occurrences of that condition within the base bid.

D. All of the above roof areas are to have all exposed sealant locations associated with them removed and replaced with new sealant.

E. Several of the indicated repairs are noted to be performed per the base bid.

1.4 SUBMITTALS

A. Submit in accordance with provisions of Division 1.

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B. Product Data: Provide membrane materials, base flashing materials, bituminous materials, insulation and accessories.

C. Manufacturer Notifications: (If Applicable) Submit repair notification to the roof system manufacturer in accordance with warranty requirements. Failure to notify manufacturer places remainder of warranty obligations on the Repair Contractor.

D. Manufacturer's Installation Instructions: Indicate special precautions required for seaming the membrane for roofs to maintain any current warranty requirements.

E. Manufacturer's Certifications: Certify that products installed on warranted roofs meet or exceed specified requirements.

F. Manufacturer's Field Reports: Indicate procedures followed ambient temperatures and wind velocity during application, and any special conditions that occurred during the repairs.

1.5 QUALIFICATIONS

A. Materials Manufacturer: Company specializing in manufacturing the products specified in this section with five years current documented experience

B. Applicator: A single installer specializing in performing the work of this section with three current years documented experience and, approved by system manufacturer for warranted roof repair work

C. Manufacturer's Field Inspection and Services (Warranty Work Only) 1. Manufacturer of the roofing materials shall provide qualified personnel to

observe field conditions of surfaces and installation, quality of workmanship as applicable, and to make appropriate recommendations.

2. Representative shall submit written reports, within seven days of visit to Contractor and Owner listing observations, recommendations and related comments.

1.6 REGULATORY REQUIREMENTS

A. Conform to applicable code for roof assembly fire hazard requirements.

B. ULI: Class A Fire Hazard Classification.

1.7 CERTIFICATION

A. Materials: For each material specified with a standard or reference material designation, certification labels shall appear on each package of bulk-shipments to the project with certificate of compliance.

B. Installer: Provide two copies of all certification to Owner prior to beginning roofing work.

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1.8 NOTIFICATION TO OWNER

A. Twenty-four hours prior to the commencement of scheduled repairs, send written notification to Owner regarding time Contractor's crew will be present on site. Indicate duration or time to perform repairs. Notification by Contractor is not required for emergency roof repairs.

1.9 DELIVERY, STORAGE, AND HANDLING

A. If site storage is required, store rolls, cans and drums of cements, primers, and coatings, on end and over clean raised platforms.

B. Store and handle materials to protect them from. 1. Moisture, whether due to precipitation, or condensation. 2. Temperatures over 110 degrees F or below 40 degrees F. 3. Direct sunlight. 4. Mud, dust, sand, oil and grease.

C. Comply with fire, safety, and environmental protection regulations.

D. Do not store materials on roof decks, nor position roofing installation equipment on roof decks, in concentrations exceeding design live loads.

E. Take special precautions against traffic on roofing when ambient temperature is above 80 degree F. Avoid heavy traffic on or near the work during repair operations.

1.10 PROJECT CONDITIONS

A. Existing Conditions: 1. Verify existing conditions for insulation requirements, membrane and deck

types, length and type of anchoring systems required and any other visible conditions which may impact repairs prior to beginning the work.

2. Contractor shall accept the conditions of the job site as they exist and perform the work accordingly. Any adverse condition which may affect the performance of the work described in these specifications must be brought to the attention of the Design Professional in writing immediately upon its discovery and no later than when it could have reasonably been expected to be observed or discovered.

3. Contractor shall be held responsible for protecting all adjacent construction from damage. Existing structures or installations damaged by operations connected with this work shall be replaced or repaired by the contractor to the satisfaction of and at no additional cost to the Owner.

4. Contractor shall field verify all measurements (dimensions, elevations) and conditions necessary for proper inst5allation of work covered by this Section. Exact measurements are the contractor’s responsibility.

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1.11 COORDINATION

A. Coordinate the work of this section under the provisions of Division 1.

1.12 WARRANTY

A. Furnish a three (3) year applicator’s warranty for the work performed.

PART 2 PRODUCTS

2.1 GENERAL

A. Insurance and Code Requirements: Provide materials complying with governing regulations, installed to comply with Underwriters Laboratories Class A, FM I-90 wind up-lift requirements and ASCE 7-10

2.2 SHEET MATERIALS

A. Strip-In Flashing: ASTM D-2178, Type IV glass fiber felt

B. Ply Felt Flashing: ASTM D-2178, Type IV glass fiber felt.

C. Roof Membrane: ASTM D-2178, Type IV glass fiber felts.

D. Roof Membrane: ASTM D-2178, Type IV glass fiber felts.

E. Venting Base Sheet For Use Over Lightweight Concrete Decks: ASTM D-4897, Type G-2 coated base sheet with course granular surfacing.

F. Modified Bitumen Membrane: Granular surfaced (SBS) membrane; 140 mil minimum thickness; reinforced with polyester mat. Granular surface to match existing granule color. Smooth surface flashing to comply to previous requirements.

2.3 INSULATION

A. General: Install new insulation to match existing damaged insulation type and thickness.

2.4 BITUMINOUS MATERIALS

A. Asphalt Bitumen: ASTM D312, Type III.

B. Asphalt Primer: ASTM D41

C. Plastic Cement: ASTM D2822 Type II, cutback asphalt type.

D. Modified Bituminous Flashing Adhesive: ASTM D3019 Type III.

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2.5 MECHANICAL FASTENERS

A. Roofing Nails: Galvanized, hot dipped or non-ferrous type, size as required suiting application.

B. For Fastening Venting Base Sheet to Lightweight Insulating Concrete Deck: Lightweight insulating concrete base ply fastener with FM I-90 discs. Base ply fastener shall comply with Factory Mutual Approval Standard #4470.

C. For Fastening Base Sheet to Cementitious Deck: ES Systems Twin-lok fasteners with integral FM I-90 discs, field verify length required for 1.5” minimum embedment.

D. For Fastening Base Sheet to Wood Deck: #12 deck screw with FM I-90 discs.

E. For Fastening Insulation to Metal Decks: #12 deck screw; FM 4470 coated; 3 inch FM I-90 disc; screw length sufficient to penetrate deck 1 inch. Insulation fasteners shall be supplied by roof membrane manufacturer on warranted roofs.

F. For All Other Locations: Provide size, type, material and finish as required, matching material being fastened. Fasteners used on warranted roof systems shall be an approved fastener used by membrane manufacturer.

2.6 ACCESSORIES

A. Cant Strip: Match type, material and size of existing cant strip.

B. Vent Pipe Flashing: Prefabricated pipe flashing of 4 lb. per square foot common pig lead having a 4 inch flange (minimum).

C. Lead Roof Drain Flashing: 36 inch square flashing of 4 lb. common desilvered pig lead sheet.

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2.7 JOINT SEALANTS: Refer to Section 07900 – Joint Protection

2.8 SURFACING

A. Granules: Manufacturer’s standard granule intended for use with the existing cap sheet material, size and color to match existing roof surfacing.

B. Protective coating over exposed membrane: Fibrated Aluminum Coating.

2.9 MISCELLANEOUS MATERIALS

A. All other material and accessories, not specifically described, but required for a complete and proper installation of roofing, shall be products of, or recommend by the manufacturer of the primary material and subject to the approval of the Owner/Architect.

PART 3 EXECUTION

3.1 EXAMINATION

A. Verify that surfaces and site conditions are ready to receive work.

B. Verify deck is dry and clean.

3.2 INSTALLATION REQUIREMENTS

A. Protect other work from spillage of bitumen roofing asphalt materials and prevent liquid materials from entering or clogging drains and conductors. Replace or restore other work damaged by installation of modified bitumen sheet roofing system work.

B. For granule surfaced roof areas, pour coats of asphalt, limit application temperature to minimum required for proper embedment of surfacing. Cold adhesives and mastic may also be used (as recommended by the manufacturer) to adhere granule surfacing.

3.3 BITUMEN HEATING (Large Scale Repairs or Re-Flashing of Equipment Curbs)

A. Heat bitumen in accordance with bitumen manufacturer's requirements.

3.4 BASIC REPAIRS – Large Scale Repair Techniques (Hot Bitumen Application) (Area greater than three (3) square feet.

A. Remove damaged cap sheet and flashing plies down to structural substrate. Clean and dry surface 24 inches around the damaged area.

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B. Preparation: Apply primer to exposed structural surfaces using appropriate asphaltic primer.

C. Replace damaged insulation and/or cant strips

D. Apply as existing all flashing plies over repair area by means of original application.

E. Re-apply new granule surfaced membrane by mopping a coat of hot asphalt or by heat welding.

3.5 MEMBRANE CONDITIONS REPAIRS

A. Surface Conditions - Granule Surfaced Built-Up Roofs. 1. Remove gravel as necessary, debris and dirt. 2. Repair any membrane and flashing surfaces as outlined in the project drawings. 3. For large scale Repairs (greater than 3 feet in area), apply as per Section 3.4

(A – E).

3.6 METAL COUNTERFLASHING

A. Reglet Flashing 1. Thoroughly clean wall reglet. Remove caulking from wall substrate. 2. Install new counterflashing into reglet joint, and secure with lead wedges at 4

inches o.c. or in accordance with original application. 3. Apply sealant at metal overlap. 4. Apply urethane sealant over reglet joint and tool.

B. Surface Mounted Counter Flashing 1. Remove sealant and counterflashing from wall. 2. Apply sealant to overlap joints and install new counterflashing. 3. Secure counterflashing to wall using drive pins or tapcons with metal backed

neoprene washers. 4. Apply urethane sealant to receiver joint and tool. 5. Install a cover plate. Use pressure turn downs at each side of plate, and tong

plate at bottom edges over coping to secure. Cover plate material shall be same as coping metal.

3.7 CLEANING

A. In areas where finished surfaces are soiled by work of this section, clean those surfaces.

B. Remove from the roof all trash , scraps and no longer adhering spudded roof gravel.

3.8 PROTECTION

A. Protect building surfaces against damage from roofing work.

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B. Protect newly repaired surfaces from damage due to construction activity.

C. Repair or replace any roofing areas and associated materials damaged during the work to a condition free of damage and deterioration.

END OF SECTION

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SHEET METAL FLASHING AND TRIM ANSON INDEPENDENT SCHOOL DISTRICT SECTION 07620

07620 - 1 14047.00

PART 1 GENERAL

1.1 SUMMARY

A. Section includes: 1. Flashings and Counterflashings 2. Gutters and Downspouts 3. Miscellaneous Sheet Metal at all Roof Areas 4. Accessories

B. Related Sections: 1. Section 07410 – Standing Seam Metal Roofing. 2. Section 07920 – Joint Protection.

C. References: 1. ASTM International:

a. ASTM A 653 - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process.

b. ASTM A 755 - Standard Specification for Steel Sheet, Metallic Coated by the Hot-Dip Process.

c. ASTM A 792 - Standard Specification for Steel Sheet, Aluminum-Zinc Coated by the Hot-Dip Process.

d. ASTM B 29 – Standard Specification for Refined Lead. e. ASTM B 32 - Standard Specification for Solder Metal. f. ASTM B 749 - Standard Specification for Lead and Lead Alloy Strip,

Sheet, and Plate Products. g. ASTM C 1549 - Standard Test Method for Determination of Solar

Reflectance at Near Ambient Temperature Using a Portable Solar Reflectometer.

h. ASTM D 226 - Standard Specification for Asphalt-Saturated Organic Felt Used in Roofing and Waterproofing.

i. ASTM D 412 - Standard Test Method for Vulcanized Rubber and Thermoplastic Rubbers and Thermoplastic Elastomers - Tension.

j. ASTM D 1970 - Standard Specification for Self-Adhering Polymer Modified Bituminous Sheet Materials Used as Steep Roofing Underlayment for Ice Dam Protection.

k. ASTM D 4397 - Standard Specification for Polyethylene Sheeting for Construction, Industrial, and Agricultural Applications

l. ASTM D 4586 - Standard Specification for Asphalt Roof Cement, Asbestos-Free.

2. National Roofing Contractors’ Association: a. NRCA – National Roofing Contractors’ Association Manual.

3. Sheet Metal and Air Conditioning Contractors: a. SMACNA - Architectural Sheet Metal Manual..

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1.2 SUBMITTALS

A. Shop Drawings: Submit shop drawings for any condition not shown on plans and details.

B. Product Data: Submit data on manufactured components metal types, finishes, and characteristics.

C. Samples: 1. Submit two samples 12 x 12 inch in size illustrating a typical external corner,

internal corner, material and finish. 2. Submit two samples 12 x 12 inch in size illustrating metal finish color.

1.3 QUALITY ASSURANCE

A. Perform work in accordance with SMACNA and standard details and requirements.

B. Failure to install work in strict accordance with provisions of this Section, is subject to total rejection of the work specified herein.

C. Maintain copy of document on site.

1.4 QUALIFICATIONS

A. Fabricator and Installer: Company specializing in sheet metal work with minimum three years documented experience.

1.5 PRE-INSTALLATION MEETINGS

A. Section 01039 - Administrative Requirements: Pre-installation meeting.

B. Convene minimum one week prior to commencing work of this section.

1.6 DELIVERY, STORAGE, AND HANDLING

A. Section 01600 - Product Requirements: Product storage and handling requirements.

B. Stack material to prevent twisting, bending, and abrasion, and to provide ventilation. Slope metal sheets to ensure drainage.

C. Prevent contact with materials causing discoloration or staining.

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1.7 COORDINATION

A. Coordinate application of flashings with application of roofing, protruding material, and roof accessories to provide a complete weathertight installation according to the specified warranty requirements.

PART 2 PRODUCTS

2.1 SHEET MATERIALS

A. Stainless Steel: ASTM A 167; Type 304, soft temper, 22 ga. or 24 ga. thickness unless otherwise specified; smooth 2B finish.

B. Zinc-Coated Steel: Commercial quality with 0.20% copper, ASTM A 525 except ASTM A 527 for lock-forming, G90 hot-dip galvanized, 24 gage except as otherwise indicated.

C. Aluminum: ASTM B 209, alloy 3003, temper H14, AA-C22A41 mill finish or prefinished as noted by details; thickness as noted by details and schedule within this section.

D. Galvalume Steel: Aluminum-Zinc Alloy Coated Sheet Steel coated on both sides with a layer of aluminum-zinc alloy by continuous hot-dip method (approximately 55% aluminum, 45% zinc). Triple spot minimum 0.55 oz. per square foot as determined by ASTM A 792, mill finish or prefinished as noted by details; thickness as noted by details and schedule within this section.

E. If any of above is noted to be prefinished, exposed surfaces shall be factory painted with a full strength fluoropolymer finish. Paint shall contain 75% KYNAR 500 resin and applied, (0.80 mil thickness), over manufacturer's primer, (0.20 mil thickness), with a total system thickness of 1.00 mil per ASTM D 1400. Gloss to be 20-30% per ASTM d 523 at 60 degrees.

2.2 EXTRUDED MATERIALS

A. Aluminum: ASTM B 209, alloy 3003, temper H14, AA-C22A41 mill finish; 0.125" wall thickness at new downspouts.

2.3 ACCESSORIES

A. Termination Bar: Aluminum ASTM B-209, Alloy 6061, Temper T-6, mill finish; sizes 1/8" thick by 1-1/2" with rounded edges.

B. Sheet Metal Fasteners: 1. Fasteners: Stainless steel 2. Exposed fasteners are prohibited, and may only be used where specifically

permitted by the project details or the Architect.

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SHEET METAL FLASHING AND TRIM ANSON INDEPENDENT SCHOOL DISTRICT SECTION 07620

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3. Fasteners being on weather side of metal are to be a minimum #10 size “Scots” type screw with metal-backed neoprene washer integral with the head of the screw, or 3/16” diameter minimum steel rivet.

4. Use stainless steel fasteners for exterior application and cadmium plated fasteners for interior applications. Use painted fasteners where fastening into painted panel or trim.

5. Locate and space fastenings for true vertical and horizontal alignment. Use proper type fastening tools to obtain controlled uniform compression for positive seal without rupture of neoprene washer.

C. Fasteners: Stainless steel: Fastener size and penetrations into various substrates should be as follows: 1. Wood: ¼ inch screw x 2 inch penetration or

1½ inch annular ring stainless steel roofing nail. 2. Concrete: ¼ inch “zamac” nail-in x 1 ½ inch penetration. 3. Concrete Block: ¼ inch “zamac” nail-in x 1 ½ inch penetration.

D. Fastener Schedule: Anchorage for below assumed to be into wood blocking, see details for other specifics. 1. Continuous Cleats: 1-½ inch annular ring stainless steel roofing nails at 6

inches on center maximum. 2. See Fastener Schedule sheets included as part of the project documents. 3. For all conditions not covered, refer to fastener specifications above or consult

with Architect.

E. Dry-in Membrane: Forty (40) mils minimum thickness, polyester reinforced, SBS modified asphalt waterproofing and underlayment membrane sheet. 1. Interwrap Titanium PSU 30 2. Protecto-Wrap Rainproof 40 3. Soprema Sopralene Stick 4. Tamko TW Metal and Tile underlayment 5. Architect approved (prior to bidding) equivalent product.

F. Primer: Asphaltic based primer for flanges set in adhesive.

G. Protective Backing Paint (bituminous coating): FS-TT-C 494; Cold applied asphalt mastic, SSPC paint 12 compounded for 15 mil dry film thickness per coat.

H. Sealant: Sealant specified in Section 07900.

I. Plastic Cement: ASTM D 4586, Type I.

J. Flashing Tape (concealed application): Double sided, gray extruded or preformed, 99% solids, cross linked polyisobutylene compound, non-sag, non-toxic, non-staining,

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SHEET METAL FLASHING AND TRIM ANSON INDEPENDENT SCHOOL DISTRICT SECTION 07620

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permanently elastic self adhesive tape. One eighth (1/8) inch minimum thickness, 3/4” minimum width unless otherwise noted on the drawings. 1. Pecora Corporation Extru-Seal Glazing Tape 2. Tremco Construction Products 440 II Tape 3. Equivalent products as approved by the Owner or Architect.

K. Splash Pads: Precast concrete type, of size and profiles indicated; minimum 3000 psi at 28 days, with minimum 5 percent air entrainment.

L. Solder: ASTM B 32; type suitable for application and material being soldered.

M. Sheet Metal Adhesive for aluminum and pre-finished metal: SciGrip SG300 Series adhesive, 2 component system as manufactured by SCIGRIP Americas, 600 Ellis Road, Durham, NC 27703. Contact: (887) 477-4583, (www.scigrip.com) or Architect approved equal.

2.4 FABRICATION

A. Form sections shape indicated on Drawings, accurate in size, square, and free from distortion or defects.

B. Fabricate cleats of same material as sheet metal, interlocking with sheet.

C. Form pieces in longest possible lengths.

D. At all metal roofing termination and transition assemblies / flashing which are to be fabricated using pre-finished metal per the project details; utilize the specified sheet metal adhesive in lieu of soldering or welding, unless noted otherwise by the details

E. Hem exposed edges on underside 1/2 inch; miter and seam corners.

F. Form material with flat lock seams, except where otherwise indicated. At moving joints, use sealed lapped, bayonet-type or interlocking hooked seams.

G. Fabricate corners from one piece with minimum 18 inch long legs; solder for rigidity, seal with sealant.

H. Pretin edges of stainless steel sheet. Solder shop formed metal joints. After soldering, remove flux. Wipe and wash solder joints clean. Weather seal joints. (Heliarc shop formed aluminum joints).

I. Perform soldering work slowly, with properly heated irons to thoroughly heat seam material and sweat solder through full width of seam that shall show not less than 1 inch of evenly flowed solder. 1. Start soldering immediately after application of flux. 2. Solder flat locked seams.

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SHEET METAL FLASHING AND TRIM ANSON INDEPENDENT SCHOOL DISTRICT SECTION 07620

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J. Fabricate vertical faces with bottom edge formed outward 1 inch and hemmed to form drip.

K. Fabricate flashings to allow toe to extend 1 1/2” over wood nailers. Return and brake edges.

L. Fabricate accessories in profile and size to suit gutters and downspouts. 1. Anchorage Devices: In accordance with SMACNA requirements. 2. Gutter Supports: Brackets. Straps. 3. Downspout Supports: Brackets.

M. Seal metal joints.

2.5 FINISH

A. The majority of sheet metal flashings and trim shall be galvalume with Kynar finish.

B. Prepare metal surfaces to be painted. All stainless steel flashings to remain unfinished, except as noted by details or when included as a fabrication within an otherwise prefinished trim component.

C. Back paint concealed metal surfaces with protective backing paint to a minimum dry film thickness of 15 mils when dissimilar metals are in contact.

D. Isolate dissimilar metals with accepted isolation paint or other accepted materials.

PART 3 EXECUTION

3.1 EXAMINATION

A. Verify roof openings, curbs, pipes, sleeves, ducts, and vents through roof are solidly set, reglets in place, and nailing strips located.

B. Verify roofing termination and base flashings are in place, sealed, and secure.

C. Do not proceed with work of this section until conditions detrimental to the proper and timely completion of the work have been corrected in an acceptable manner.

3.2 PREPARATION

A. Install starter and edge strips, and cleats before starting installation.

B. Install surface mounted counterflashing (reglets) to lines and levels indicated on Drawings. Seal top of counterflashing (reglets) with sealant.

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SHEET METAL FLASHING AND TRIM ANSON INDEPENDENT SCHOOL DISTRICT SECTION 07620

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C. Paint concealed metal surfaces with protective backing paint to minimum dry film thickness of 15 mils where applicable.

3.3 INSTALLATION

A. Where applicable, insert flashings into reglets to form tight fit. Secure in place with lead wedges. Seal flashings into reglets with sealant.

B. Secure flashing in place using concealed fasteners. Use exposed fasteners only where specifically permitted by the project details.

C. Fit flashings tight in place. Make corners square, surfaces true and straight in planes, and lines accurate to profiles.

D. Solder / weld per metal type metal joints for full metal surface contact. After soldering, wash metal clean with neutralizing solution and rinse with water.

E. Apply modified bitumen cement compound between metal flashing and bituminous underlayment and/or flashing membrane as indicated by the project details. At other locations utilize self-adhesive butyl flashing tape as specified above.

F. All straight joints in coping cap and fascia metal shall be formed with a minimum of cutting, and assembled in a manner to allow overlap of materials and the underlying cleat for sealant contact

G. Secure gutters and downspouts in place using specified fasteners. Connect downspouts to underground drainage system where existing. Set splash blocks under downspouts if discharging on grade (omit if paved).

H. Seal metal joints watertight.

3.4 FIELD QUALITY CONTROL

A. Inspection will involve surveillance of Work during installation to ascertain compliance with specified requirements.

3.5 SCHEDULE

Location Metal Type Thickness Finish A. Metal Transition Fabrications Galvalume 24 gage Kynar

B. Metal and Rake Metal Galvalume 24 gage Kynar

C. Continuous Cleats (Edge Metal) Galvalume 22 gage Kynar

D. Fascia Metal and Skirt Metal Galvalume 24 gage Kynar

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SHEET METAL FLASHING AND TRIM ANSON INDEPENDENT SCHOOL DISTRICT SECTION 07620

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E. Counterflashing & Skirts Galvalume 24 gage Kynar

F. Counterflashing Receiver Galvalume 24 gage Mill

G. Counterflashing Retainer Cleats Galvalume 26 gage Kynar

H. Expansion Joint Cover (at roof) Galvalume 24 gage Kynar

I. Expansion Joint Cover (walkways) Aluminum 0.040” Mill

J. Exp. Joint Cont. Cleat (walkways) Stainless Steel 24 gage Mill

K. Gutters Aluminum 0.050” Kynar

L. Equipment Curb Fabrications Galvalume 18 gage Painted

M. Valley Metal, Ridge & Hip Caps Galvalume 24 gage Kynar

N. Ridge & Hip Transition Fabrications Galvalume 24 gage Kynar

O. Metal Roof “Z-closures” Galvalume 22 gage Kynar

P. Roof Penetration Collar Flashings Stainless Steel 24 gage Painted

Q. Cont. “J-Cleat” Trim at Siding Stainless Steel 24 gage Painted

R. Miscellaneous metal flashing and transitions: Mill finish 24 gage stainless steel, or pre-finished 24 gage Galvalume as required by Architect.

END OF SECTION

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Exhibit H Anson Independent Schools Page 1of 3 Subcontractor 1431 Commercial Ave Contractor Anson, TX 79501

Exhibit H Southland Contracting Safety Policy

THE FOLLOWING SHALL BE INCORPORATED, AS IF WRITTEN WITHIN, EACH SUBCONTRACT AGREEMENT: THE SAFETY POLICY LISTED BELOW IS ONE OF THE MAIN PRIORITIES OF SOUTHLAND CONTRACTING, INC. THIS POLICY APPLIES TO ALL PEOPLE WORKING ON THE JOBSITE. THIS INCLUDES SUBCONTRACTORS' AND SUB-SUBCONTRACTORS' EMPLOYEES, AGENTS, SUPPLIERS, DRIVERS AND GUESTS. THIS POLICY WILL BE STRICTLY ENFORCED. 1. COMPLIANCE OF APPLICABLE FEDERAL, STATE, COUNTY, CITY, CLIENT AND SOUTHLAND

CONTRACTING, INC. SAFETY RULES AND REGULATIONS IS A CONDITION OF EMPLOYMENT AND CONTRACTUAL AGREEMENTS.

2. A COPY OF ALL INJURY REPORTS SHALL BE SUBMITTED TO THE PROJECT SUPERINTENDENT

WITHIN THREE (3) DAYS OF THE OCCURRENCE. 3. OSHA APPROVED NON-CONDUCTIVE HARD HATS WILL BE WORN BY ALL PERSONNEL ON THE

PROJECT SITE. METAL HARD HATS WILL NOT BE ALLOWED. THE BILL OF THE HARD HAT WILL BE WORN IN FRONT AT ALL TIMES. ALTERATIONS OR MODIFICATIONS OF THE HAT OR LINER SHALL BE PROHIBITED. HARD HATS SHALL BE WORN AT ALL TIMES.

4. SAFETY GLASSES WILL BE WORN AS THE MINIMUM REQUIRED EYE PROTECTION. REMEMBER,

ADDITIONAL EYE AND FACE PROTECTION SUCH AS MONO GOGGLES AND FACE SHIELDS ARE REQUIRED FOR SUCH OPERATIONS AS GRINDING, JACK HAMMERING, UTILIZING COMPRESSED AIR OR HANDLING OF CHEMICALS, ACID AND CAUSTIC MATERIALS. BURNING GOGGLES FOR CUTTING, BURNING OR BRAZING AND WELDING HOODS FOR WELDING ARE REQUIRED.

5. A. SAFETY HARNESSES AND LANYARDS SHALL BE WORN AND SECURED ANY TIME THERE IS

A FALL HAZARD OF MORE THAN 6 FEET. SUBCONTRACTOR IS RESPONSIBLE FOR PROVIDING FALL PROTECTION FOR THEIR EMPLOYEES.

B. LIFELINES SHALL BE ERECTED TO PROVIDE FALL PROTECTION WHERE WORK IS REQUIRED IN AREAS WHERE PERMANENT PROTECTION IS NOT IN PLACE. HORIZONTAL LIFELINES SHALL BE A MINIMUM OF 1/2" DIAMETER WIRE ROPE. VERTICAL LIFELINES SHALL BE 3/4" MANILA ROPE OR EQUIVALENT AND SHALL BE USED IN CONJUNCTION WITH AN APPROVED TYPE ROPE GRAB.

C. WORKER USING THEIR LANYARDS TO ACCESS THE WORK OR POSITION THEMSELVES ON A

WALL OR COLUMNS, ETC. MUST USE AN ADDITIONAL SAFETY LANYARD FOR FALL PROTECTION.

6. CLOTHING MUST HAVE ADEQUATE PROTECTION TO THE BODY. SHIRTS MUST HAVE AT LEAST

A TEE SLEEVE. STURDY WORK BOOTS WITH RIGID, SLIP RESISTANT SOLES WHICH GIVE ADEQUATE PROTECTION TO THE FEET AND ANKLES ARE REQUIRED. SNEAKERS, SANDALS AND OTHER LIGHTWEIGHT FOOTWEAR ARE PROHIBITED. LONG PANTS ONLY. NO SHORTS ALLOWED.

7. CAMERAS, FIREARMS, ALCOHOLIC BEVERAGES OR ILLEGAL DRUGS ARE NOT ALLOWED ON

SITE. DRUGS PRESCRIBED BY A PHYSICIAN MUST BE REGISTERED WITH SOUTHLAND CONTRACTING’S PROJECT SUPERINTENDENT. THE USE OF ILLEGAL DRUGS OR ALCOHOLIC BEVERAGES ON THE JOBSITE WILL RESULT IN IMMEDIATE TERMINATION.

8. HOUSEKEEPING SHALL BE AN INTEGRAL PART OF EVERY JOB. SUPERVISORS AND EMPLOYEES

ARE RESPONSIBLE FOR KEEPING THEIR WORK AREAS CLEAN AND HAZARD FREE. CLEAN UP IS REQUIRED WHEN YOU FINISH A JOB OR AT THE END OF THE DAY, SOONER IF CONDITIONS WARRANT.

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Exhibit H Anson Independent Schools Page 2of 3 Subcontractor 1431 Commercial Ave Contractor Anson, TX 79501

9. BURNING AND CUTTING EQUIPMENT SHALL BE CHECKED DAILY BEFORE BEING USED. ALL

GAS SHALL BE SHUT OFF AND HOSES DISCONNECTED FROM BOTTLES OR MANIFOLDS AT THE END OF EACH DAY. CAPS SHALL BE REPLACED ON BOTTLE WHEN GAUGES ARE REMOVED. MAKESHIFT FIELD REPAIRS WILL NOT BE ALLOWED. TWO (2) SETS OF FLASHBACK ARRESTORS SHALL BE INSTALLED ON OXYACETYLENE OUTFITS; ONE (1) SET AT THE REGULATORS AND ONE (1) SET AT THE TORCH HANDLE.

10. DRINKING WATER CONTAINERS ARE FOR DRINKING WATER AND ICE ONLY. TAMPERING WITH

OR PLACING SUCH ITEMS AS DRINKS, ETC. IN THE WATER COOLER WILL RESULT IN IMMEDIATE TERMINATION. THE "COMMON DRINKING CUP" IS NOT ALLOWED. DISPOSABLE CUPS ONLY.

11. ALL TOOLS, WHETHER COMPANY OR PERSONAL, MUST BE IN GOOD WORKING CONDITION.

DEFECTIVE TOOLS MUST NOT BE USED. EXAMPLES: CHISELS WITH MUSHROOMED HEADS, HAMMERS WITH LOOSE OR SPLIT HANDLES, GUARDS MISSING ON SAWS OR GRINDERS, ETC.

12. ALL ELECTRICAL TOOLS SHALL BE CHECKED BY A DESIGNATED, COMPETENT PERSON EACH

MONTH. THIS SHALL BE PART OF THE ASSURED GROUNDING PROGRAM. ASSURED GROUNDING SHALL BE USED.

13. "HORSEPLAY" ON THE JOBSITE IS STRICTLY PROHIBITED. RUNNING ON THE JOBSITE IS

ALLOWED ONLY IN EXTREME EMERGENCIES. 14. GLASS BOTTLES OR CONTAINERS ARE NOT PERMITTED ON SITE. 15. JOBSITE SPEED LIMIT IS 10 MPH. NO ONE IS PERMITTED TO RIDE ON A TRUCK STANDING UP.

SITTING ON THE OUTSIDE EDGES IS PROHIBITED. YOU MUST BE DOWN INSIDE THE TRUCK. RIDING AS A PASSENGER ON EQUIPMENT IS PROHIBITED UNLESS THE EQUIPMENT HAS THE SAFETY CAPABILITY OF TRANSPORTING PERSONNEL.

16. ADEQUATE PRECAUTIONS MUST BE TAKEN TO PROTECT MEN AND EQUIPMENT FROM HOT

WORK SUCH AS WELDING OR BURNING. FIRE EXTINGUISHING EQUIPMENT SHALL BE NO FURTHER AWAY THEN 50 FEET FROM ALL HOT WORK.

17. ALL SCAFFOLDING AND WORK PLATFORMS MUST BE IN ACCORDANCE WITH OSHA

SPECIFICATIONS, FULLY PLANKED AND BOARDS SECURED. ALL LADDERS MUST BE IN SAFE CONDITION WITHOUT BROKEN RUNGS OR SPLIT SIDE RAILS AND HAVE 250-LB. DUTY RATING. DAMAGED LADDERS SHALL BE REMOVED FROM SERVICE. LADDERS SHALL BE SECURED AT THE TOP AND BOTTOM AND EXTEND 3' PAST THE WALKING SURFACE. METAL LADDERS AROUND ELECTRICAL WORK ARE PROHIBITED. SUBCONTRACTORS MUST SUBMIT IN WRITING, THE NAME(S) OF THEIR "COMPETENT PERSON(S)" FOR SCAFFOLD WORK. NO SCAFFOLD WORK ALLOWED WITHOUT SUBCONTRACTOR'S "COMPETENT PERSON" PRESENT.

18. CROWFOOT CONNECTIONS ON AIR HOSES SHALL BE WIRED TO PREVENT ACCIDENTAL

DISCONNECTION. COMPRESSED AIR SHALL NOT BE USED TO DUST OFF HANDS, FACE OR CLOTHING.

19. REPORT ALL UNSAFE CONDITIONS AND NEAR ACCIDENTS TO YOUR SUPERVISOR AND THE

SAFETY DEPARTMENT SO CORRECTIVE ACTION CAN BE TAKEN. 20. ALL FLOOR OPENINGS OR EXCAVATIONS SHALL BE BARRICADED ON ALL SIDES TO ENSURE

THAT EMPLOYEES ARE PROTECTED. FLOOR HOLES SHALL BE COVERED WITH A SECURED COVER AND CLEARLY IDENTIFIED.

21. WARNING SIGNS, BARRICADES AND TAGS WILL BE USED TO THE FULL EXTENT AND SHALL BE OBEYED.

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Exhibit H Anson Independent Schools Page 3of 3 Subcontractor 1431 Commercial Ave Contractor Anson, TX 79501

22. A WRITTEN RESPIRATORY PROTECTION PLAN IS REQUIRED FOR SUBCONTRACTORS EXPOSING DUST HAZARDS OR OTHER CONTAMINANTS TO THEIR EMPLOYEES.

23. ALL TRENCHES/EXCAVATIONS SHALL BE IN COMPLIANCE WITH OSHA 29 CFR 1926.650-.652

SUB-PART P AND THE "TRENCH SAFETY ACT" CS/SB2626. SUBCONTRACTORS MUST SUBMIT IN, WRITING THE NAME(S) OF THEIR "COMPETENT PERSON(S)" FOR TRENCH WORK. NO SUBCONTRACTOR TRENCHING/EXCAVATION WORK ALLOWED WITHOUT SUBCONTRACTORS "COMPETENT PERSON" PRESENT.

24. IN THE EVENT OF AN ACCIDENT INVOLVING PERSONAL INJURY OR DAMAGE TO PROPERTY,

THE PERSON OR PERSONS INVOLVED IN ANY WAY MAY BE REQUIRED TO SUBMIT THEMSELVES TO DRUG TESTING.

25. ALL CRANES SHALL HAVE A CURRENT CERTIFICATION STICKER. CERTIFICATION SHALL BE

PERFORMED BY AN INDEPENDENT CRANE CERTIFICATION COMPANY. 26. FLAMMABLE LIQUIDS SHALL BE STORED IN APPROVED SAFETY CONTAINERS.

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Exhibit I Anson Independent Schools Page 1of 1 Subcontractor 1431 Commercial Ave Contractor Anson, TX 79501

Exhibit I Guarantee

Project Title: Roofing (BUR-Repairs & Engineered Metal Cap Flashing for Elementary, Middle & High School and Administration Building Project Number: O14AN TO WHOM IT MAY CONCERN: We hereby guarantee all labor and material used on the referenced project to be in compliance with the Contract Documents and to be free of any faulty materials or workmanship for the period of one year or longer time period as may be defined in the Contract Documents from the date of Substantial Completion as defined by the Contract Documents. We will also be responsible for and will correct any and all damage resulting from our defective materials or workmanship and our work to correct them. We will commence necessary corrective action within two (2) business days of notification. If life or property is at risk, we will commence necessary corrective action within four (4) hours of notification. Corrective work will be completed without interruption and within a reasonable time. If we do not respond as described herein or under emergency circumstances, the Contractor shall be free to take whatever action he deems necessary in the best interest of the Owner, the Contractor and ourselves, and we will reimburse the Contractor all costs incurred upon demand. Reasonable emergency repairs or protection by the Owner or Contractor shall not invalidate this warranty. This will also acknowledge our obligation for certain other warranties as required by Florida Statute 718.203, and any other governmental or owner requirements.

Company:

Contact:: ______

Title:_________ AFFIX CORPORATE SEAL IF A CORPORATION Sworn to and subscribed before me this day of 20___, by who is personally known to me or who has produced as identification. State of County of Signature of Notary Public My Commission Expires: Print Name:

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Exhibit J Anson Independent Schools Page 1of 1 Subcontractor 1431 Commercial Ave Contractor Anson, TX 79501

Exhibit J Miscellaneous Attachments

None.

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Bid Proposal Form ALL BLANKS MUST BE COMPLETED OR N/A INSERTED

Bid Proposal Form Anson Independent Schools Page 1of 2 1431 Commercial Ave

Anson, TX 79501

Bid Proposal For: Roofing (BUR-Repairs & Engineered Metal Cap Flashing for Elementary, Middle & High School and Administration Building)

Project Number: O14AN Bid Package: # Title: Bid Proposal From: Bidders Company Name Bidders Company Address Bidders Company FEID # State Business Organization: (Corporation, Individual, Partnership) Delivered To: ATTN: Anson Independent Schools Southland Contracting, Inc. 1843 Commerce Boulevard Midway, Florida 32343 On or Before 2:00pm Central Time, April 17th, 2015

Faxed Proposals will not be Accepted , the undersigned, do hereby declare that we have carefully examined the site of the proposed Work and all the bid documents, drawings and specifications for the Project and entitled bid requirements package. We do hereby agree to provide all work necessary or required to furnish and install all material, transportation, equipment, apparatus systems, labor, supervision, applicable taxes, fees and insurance required to fully complete all work in strict accordance to the bid documents for the referenced entitled bid package number, scope of work and with the Contract Documents for the following Base Bid / Combination Bid / Alternate bid proposals stated as follows: Base Bid Item #01: Elementary School $_______________________ Base Bid Item #02: Middle School $_______________________ Base Bid Item #03: High School $_______________________ Base Bid Item #04: Admin Complex $_______________________ ALLOWANCES: Bid Allowance Items #01 - #03 to be included in total base bid for miscellaneous patch repairs to flat roof area: These patches should include the removal and replacement of the gravel built up surface roof and insulation in like kind to match the existing damage material. Allowance #01: Elementary School (36 Patches @ 1120 SF) $_______________________ Allowance #02: Middle School (17 Patches @ 772 SF) $______________________ Allowance #03: High School (11 Patches @ 431 SF) $_______________________

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Bid Proposal Form ALL BLANKS MUST BE COMPLETED OR N/A INSERTED

Bid Proposal Form Anson Independent Schools Page 2of 2 1431 Commercial Ave

Anson, TX 79501

TOTAL BASE BID AMOUNT: (Sum of Base Bid Items #01 - #04, Allowance Items #01 - #03 Including Tax, Excluding Payment & Performance Bonds) Dollars $ Payment & Performance Bond Amount: $ Addenda: The following addenda have been received (identify # and date of each): Addendum # Addendum # Addendum # Addendum # Addendum # Addendum # Addendum # Addendum # Addendum # Bidders Company Name: By: (Must be a member of the firm authorized to sign bid) Print Name: Title: Phone Number: E-mail: