JEFFERSON CITY PUBLIC SCHOOLS - abcksmo.org documents 2017/Nabholz Construction...jefferson city...

JEFFERSON CITY PUBLIC SCHOOLS SECOND HIGH SCHOOL

JEFFERSON CITY, MISSOURI

CONSTRUCTION MANAGER’S MANUAL

CONSTRUCTION MANAGER

Nabholz Construction 1707 E 123rd Terrace Olathe, KS 66061 913.393.6500

ARCHITECT

DLR Group 7290 W 133rd Street Overland Park, KS 66213 913.897.7811

ARCHITECT

ACI Boland Architects 1710 Wyandotte Street

Kansas City, MO 64108 816.763.9600

ARCHITECT

The Architects Alliance

631 W Main Street Jefferson City, MO 65101

573.659.3000

001.02 Table of Contents

Page 1 of 2 Table of Contents 001.02

Rev 2 – February 2017

Section 001 Introductory Information

001.01 Project Title Page


001.03 General Information

Section 002 Invitation to Bid

002.01 Invitation to Bid

Section 003 Instructions for Procurement

003.01 Instructions to Bidders

003.02 Supplementary Instructions to Bidders

003.03 Subcontractor Prequalification Questionnaire

003.04 Supplier Prequalification Questionnaire

003.05 Wage Requirements

Section 004 Form of Proposal

004.01 Lump Sum Proposal

Section 005 Contract Performance and Administration

005.01 Recommended Use of this Section

005.02 Definition of Terms

005.03 Insurance Requirements

005.04 Quality Control

005.05 Change Proposal Pricing and Change Orders

005.06 Contract Documents

005.07 Submittals

005.08 Schedule

005.09 Material Procurement, Expediting, and Handling

005.10 Protection of Material and Installed Work

005.11 Field Operations

005.12 Coordination with Other Trades

005.13 Debris and Cleanup

005.14 Record Drawings and O&M Manuals

005.15 Requests for Information

005.16 SWPPP Protocol

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Page 2 of 2 Table of Contents 001.02


005.17 Virtual Design Construction Protocol

005.18 Nothing Hits the Floor

Section 006 Contract Forms

006.01 Master Contract Agreement

006.02 Sample Missouri Project Contract

006.03 Sample Insurance Certificate and Additional Insured Endorsement

006.04 Sample RFI Document

006.05 Performance and Payment Bond Forms

006.06 Sample Nabholz Purchase Order

Section 007 Health & Safety Requirements

007.01 Site Specific Accident Prevention Plan

Section 008 Project Schedule

008.01 Project Schedule

Section 009 Bid Packages

009.01 Section A: General Scope Requirements

009.02 Bid Package Index

Bid Packages

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../../../Users/Jon.Pahl/AppData/Local/Temp/Temp2_CM%20Manual.zip/006.4%20Sample%20Insurance%20Certificate.pdf

../../../Users/Jon.Pahl/AppData/Local/Temp/Temp2_CM%20Manual.zip/006.5%20RFI%20Document.doc

../../../Users/Jon.Pahl/AppData/Local/Temp/Temp2_CM%20Manual.zip/007.1%20Site%20Specific%20Accident%20Prevention%20Plan.doc

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001.03 General Information

Page 1 of 1 General Information 001.03


Project Delivery Address Jefferson City Public Schools

Second High School

Mission Drive & Hwy 179

Jefferson City, MO 65109

Owner Jefferson City Public Schools

315 E Dunklin Street

Jefferson City, MO 65101

Construction Manager Nabholz Construction

1707 E 123rd Terrace

Olathe, KS 66061

Telephone: 913.393.6500

Fax: 913.393.6600

Contact: Michael Feamster

Architects DLR Group ACI Boland Architects The Architects Alliance

7290 W 133rd Street 1710 Wyandotte Street 631 W Main Street

Overland Park, KS 66213 Kansas City, MO 64108 Jefferson City, MO 65101

Telephone: 913.897.7811 Telephone: 816.763.9600 Telephone: 573.636.5000

Contact: Amber Beverlin Contact: Doug Loveland Contact: Cary Gampher

Section 002 Invitation to Bid

002.01 Invitation to Bid

of 2 Invitation to Bid 002.01

Rev 2 – Fabruary 2017

1707 E 123RD TERRACE, OLATHE, KS 66061

Job No 08-18-3056 Project SECOND HIGH SCHOOL for JEFFERSON CITY PUBLIC SCHOOLS

MISSION DRIVE & HWY 179 Bid Date 29-November-2017 Bid Captain MICHAEL FEAMSTER / PRESTON MOORE

Nabholz Construction Corporation is accepting Subcontractor and Supplier proposals for the Jefferson City Public Schools Second High School. Nabholz invites you to bid on any Bid Package in which you specialize. All bid proposals received shall be submitted in accordance with the requirements of the Construction Manager’s Manual (the “CM Manual”). Bid Packages will be due at the following times:

2:00 PM Bid Package 31.10.00 Site Clearing, Grubbing, and Temporary Entrances

Plans and bidding documents will be available after November 6, 2017. Plans will be available for viewing or purchase at the following locations.

Building Connected - [email protected] https://app.buildingconnected.com/login

ABC Heart of America Plan Room - 816-994-5990 http://www.abcksmo.org/en-us/businessdevelopment/bidnotificationservice.aspx

The Builder’s Association Plan Room - 816-531.4741 https://www.buildersassociation.com/WCM/Plan_Room/WCM/_PlanRoom/Plan_Room.aspx?hkey=88f4960d-8355-4746-9a12-8c13c7331d9b

Drexel Technologies Plan Room - 913-371-4430 http://planroom.drexeltech.com/View/Default.aspx

A brief description of the Project is as follows: Approximately 250,000 Square, brand new, three-story high school on an undeveloped site. This is a steel and precast structure either on spread footings or helical piers. This brand new facility will have high end finishes, exposed ceilings, and mixed HVAC systems including VRF systems and roof top units.

Note that Project funding requires Subcontractors and Suppliers to comply with the Davis-Bacon Act wage rates.

mailto:[email protected]

https://app.buildingconnected.com/login

http://www.abcksmo.org/en-us/businessdevelopment/bidnotificationservice.aspx

https://www.buildersassociation.com/WCM/Plan_Room/WCM/_PlanRoom/Plan_Room.aspx?hkey=88f4960d-8355-4746-9a12-8c13c7331d9b

https://www.buildersassociation.com/WCM/Plan_Room/WCM/_PlanRoom/Plan_Room.aspx?hkey=88f4960d-8355-4746-9a12-8c13c7331d9b

http://planroom.drexeltech.com/View/Default.aspx

of 2 Invitation to Bid 002.01

Rev 2 – Fabruary 2017

Pre-Bid Meetings: Since this project contains multiple bidding phases, there will be multiple pre-bid meetings for

each bid day, but does may not apply to all bid days. Pre-bid meetings will be confirmed via addendum. Pre-bid meetings are scheduled according to Bid Package and are limited in size to provide more in-depth discussion of specific project requirements, bid instructions, etc. See schedule below. Attendance is not mandatory, but is strongly encouraged and will be considered in final evaluation of bid proposals.

Nabholz will use the standard Master Contract, Project Contract, and any amendments thereto, collectively, (the “Subcontract”), for all Subcontractors. Construction Manager will use standard Purchase Order (“PO”) for all Suppliers.

Copies of these documents are available in electronic or hard copy upon request. We may also require performance and payment bonds for Subcontractors using Consensus Docs 706 and 707 by an acceptable surety company, or require other forms of surety.

All safety regulations, including, federal (OSHA), state, and local, Construction Manager policy, and Subcontract or Purchase Order shall be required of all personnel on the Project including Subcontractors, Suppliers, and second tier Subcontractors and Suppliers. See Section 007 Health and Safety Requirements in CM Manual. In addition, Construction Manager will enforce a NO SUBSTANCE ABUSE policy, and will not permit the use of tobacco on the Project site.

Nabholz is an AA/EOE. All Women Owned Businesses (WBE), Minority Owned Businesses (MBE), and Disadvantaged Business Enterprises (DBE), including women, minority, disabled or veteran-owned business, are encouraged to submit a proposal or bid. Nabholz Construction Services Jamie Lancaster Precon Assistant

Section 003 Instructions for Procurement

003.01 Instructions to Bidders 003.02 Supplementary Instructions to Bidders 003.03 Subcontractor Prequal Questionnaire 003.04 Supplier Prequal Questionnaire 003.05 Wage Requirements


Page 1 of 3 Instructions to Bidders 003.01


The following instructions apply to all proposals.

1. Proposals from qualified Subcontractors and Suppliers (hereafter called “Bidders”) will be received at the time and place specified in Section 002.01 Invitation to Bid. Proposals must be delivered in a sealed envelope.

2. Bidders submitting a proposal for one or more Bid Packages must include the following information separately for each proposal submitted.

a. Fully executed Form of Proposal

b. No bid bond required.

3. Proposals submitted in a sealed envelope must include the following information on the front of the envelope.

NABHOLZ CONSTRUCTION CORPORATION 1707 E 123rd Terrace Olathe, KS 66061

Bid Proposal For: Jefferson City Public Schools Second High School

Bid Package .

4. Bidders must fulfill prequalification requirements in accordance with CM’s trade contractor procurement policy prior to the award of any Bid Package contract. Prequalification Questionnaires and applicable supporting documents are required annually, and are available at https://www.nabholz.com/trade-contractors/ or by contacting the Construction Manager’s (“CM’s”) office at 913.393.6500.

5. Modification to Bid Packages may be cause for rejection of proposal.

6. Bidders warrant they have visited the Project site prior to submission of proposals or have attended the pre-bid meeting(s) for the purpose of understanding and accepting all conditions in and around the Project site.

7. Bidders warrant that proposals are submitted in accordance with the requirements of CM Manual and Contract Documents. Bidders also warrant that proposals are submitted in accordance with the specification sections and drawings relating to the scope of the Bid Package.

8. Bidders must submit questions in writing to the CM no later than seven (7) days prior to the Bid Date. Use the Request for Information (“RFI”) form found in Section 006.04. Responses to Bidders’ RFI(s) will be distributed in the form of an Addendum to all Bidders. Addenda may be issued during the bidding period. Bidders must acknowledge all Addenda on the Form of Proposal. Addenda become part of the Contract Documents.

9. Bidders must, immediately notify CM in writing of errors, omissions, discrepancies, or noncompliance with applicable codes and regulations within the Contract Documents or

https://www.nabholz.com/trade-contractors/




any work which will not fit or properly function if installed as indicated in the drawings and specifications. This requirement in no way relieves Architect of design or professional service responsibilities.

10. Bidders must comply with all federal, state, local laws, and the rules and regulations of all authorities having jurisdiction over construction of the Project. Statutes shall apply to the Subcontract or Purchase Order (“PO”) throughout. Statutes will be deemed to be included in the Subcontract or PO, the same as though herein written out in full.

11. Subcontracts and PO will be awarded on the basis of the lowest responsible qualified proposal, provided it is in the best interest of the Owner and/or CM. The Owner and/or CM reserves the right to reject any and all proposals and to waive any informality in the proposals.

12. To determine the lowest responsible qualified proposal, the CM will evaluate proposals based on the following considerations:

a. Total amount of Bidders’ proposal, including Base Bid and Alternate Bids;

b. Acknowledgement of issued Addenda;

c. Bidders’ bonding rate and capacity;

d. Sufficiency of Bidders’ financial resources;

e. Evaluation of Bidders’ labor rates;

f. Bidders’ ability to perform in accordance with the Contract Documents;

g. Bidders’ ability to perform without delay or interference to other trades or scopes of work;

h. Bidders’ history of performance on previous projects with CM or Owner;

i. Responsibility and reputation of Bidders;

j. Evaluation of Bidders’ safety record;

k. Bidders’ history of compliance with applicable laws, codes, and regulations;

l. Quality and availability of Bidders’ personnel and resources; and

m. Amount and nature of Bidders’ current or pending litigation.

13. Bidders’ bonding capacity and rate will be evaluated by CM and Owner. The cost of providing Bidders’ Performance and Payment Bonds may be added to Base Bid to assist in evaluating the lowest responsible qualified proposal. Bidders will be required to use the ConsensusDocs 706 and 707 for bonds, as provided in Section 006 of this CM Manual.

14. CM may perform an investigation of Bidders’ financial condition. Bidders agree to assist in any such investigation, which may include a request for Bidders’ most recent audited or reviewed financial statements, a review of Bidders’ “Business Information Report” as prepared by Dun & Bradstreet, Inc., or discussions with Bidders’ surety and banking agents.




15. Bidders are required to provide a price for each specified Alternate, Unit Price, or Price Breakout that affects Bidder’s Bid Package.

16. Bidders are required to provide unit prices for all labor classifications that apply to Bidder’s Bid Package. Labor unit prices will be used to calculate labor for all change order requests.

17. Construction Manager will use the Master Contract, which includes specific insurance requirements, Amendment to Contract, and Project Contract. These documents are bound in Section 006 of this Manual. In addition, contract documents will include the following attachments.

a. Exhibit A – Bid Package Description


Page 1 of 6 Supplementary Instructions to Bidders 003.02


The following instructions apply to all proposals.

1. All attachments and exhibits to the Contract between Construction Manager and Owner shall be recognized by Subcontract or Purchase Order between Subcontractor/Vendor (hereafter called “Bidder”) and Construction Manager.

2. Bidder’s proposal(s) shall include, but not be limited to, the following costs.

a. All applicable Sales Tax and Freight on Board to the project site unless stated otherwise in the trade specific bid package

b. Prevailing wage rates and documentation if required by specifications

c. Owner required employee orientation, safety training, infection control training, or photo ID badging

d. Attendance at preconstruction and project coordination meetings as required by specifications and Construction Manager’s Quality Management System. Subcontractor is required to send foreman, project manager or owner to all weekly jobsite coordination meetings pertaining to the Scope of Work and/or as required by project superintendent. Employees attending meetings must have the authority to make commitments on subcontractor’s resources (manpower, equipment, tools, etc.) to maintain Project Schedule or meet milestone dates

e. Delivery of submittals, including but not limited to shop drawings, product data, samples, mock-ups, operating service and maintenance manuals, MSDS information, and other submittals required by specifications

f. All product testing documentation required by specifications, including test certificates

g. Coordination for field testing and inspections required by specifications and Construction Manager’s Quality Management System. Laboratory testing by others; any re-testing required due to initial failed testing under this scope of work is the responsibility of trade contractor. This requirement does not apply to Air test & balance tests

h. Hook-up and consumption charges for temporary utility and telephone services for Bidder’s trailers and sheds, including maintenance of temporary services and removal of services when no longer needed

i. Task lighting and special electrical service requirements

i. Electrical Subcontractor will provide temporary power to accommodate the use of power tools, lighting, and masonry saws

ii. Temporary electrical outlets will be spaced so that the entire area of construction can be reached by power tools on a single 100-foot extension cord

iii. General temporary illumination will be maintained at a level of 5 foot-candles

j. Telephones, computers, and internet access

k. Drinking water and ice




l. Storage sheds, office trailers, and labor sheds

m. Portable, gas-driven welders

n. All parking for employees shall be coordinated with Construction Manager’s Project Superintendent at the expense of each Bidder

o. All material handling equipment, including but not limited to hoisting with certified operators, bracing, shoring, scaffolding as necessary to move materials and complete the scope of work

p. Daily clean up and removal of all identifiable debris

i. Bidders are responsible for housekeeping and removal of trash and debris from work area

ii. Bidders shall maintain work areas broom clean

iii. Bidders shall deposit all trash and debris into dumpsters or recycling containers furnished by Construction Manager

iv. Trash and debris left by Bidders shall be removed by Construction Manager and cost of removal shall be back-charged to Bidders

v. Flammable materials shall not be disposed of in onsite dumpsters/containers. These materials must be removed daily from the site and disposed of properly

q. Temporary protection of work and stored materials. Protect adjacent materials and finishes. Damage caused by performing this work will be the responsibility of this trade contractor. Provide temporary protection for your work

r. Weather protection as required to protect and perform the work unless specifically excluded in Bid Package

s. Compliance with all applicable state and local requirements governing the work

t. All applicable trade permits, licenses, and inspection fees, including bonds required for the Scope of Work

u. Engineering layout, professional surveys, grade control and field dimensions associated with the Scope of Work

v. Touch-up painting of any prefinished items as required

w. Dewatering of all excavations associated with the Scope of Work as required preserving structural integrity and workability

x. Provide enclosures, temporary heat, blankets, additives, etc. as needed to protect work and materials from cold

y. Removal of existing materials in existing facilities normally considered part of the Scope of Work and dispose of offsite legally

z. Provide and install firestopping at penetrations in fire walls resulting from work in accordance with specifications and code requirements. Allow 5-10% destructive testing. Obtain approved submittal before installing firestopping




3. Bidder shall strictly comply with Construction Manager’s safety policies and OSHA safety regulations. Construction Manager’s complete Safety policy can be reviewed at Construction Manager’s offices. Hard hats and safety glasses are mandatory for all jobsite employees during all phases of the project and must be worn at all times. Prior to working on a Nabholz project, the viewing of the Nabholz Safety Video by all Bidder’s construction personnel is a mandatory requirement. Hardhat stickers will be given to those construction workers who are confirmed to have viewed the safety video. All workers must have the current calendar year hard hat sticker on their hard hats in order to work on a Nabholz project

4. Compliance with all requirements of Nabholz’ drug, alcohol and security policies. Random drug screen form to be issue via addendum.

5. Compliance with Construction Manager’s insurance requirements. Reference section 005.03 of the Construction Management Manual

6. Bidder’s work shall strictly comply with all adopted Building Codes. Any code-related conflict in drawings and specifications shall be clarified and approved by the local Code Authority prior to installation.

7. Bidder shall be held responsible for submission of all submittals within two weeks of notice of intent to award, including but not limited to shop drawings, product data, samples, mock-ups, operating, service and maintenance manuals, MSDS information, and other submittals required by the specifications and Construction Manager’s Quality Management System. Submittals to be checked and signed off on by trade contractor’s representative indicating a review has been completed. Shop Drawings should be started upon notice of intent to award contract and completed expeditiously so as to not delay construction. Coordinate with existing conditions and other trade contractors as needed for locations, sizes and penetrations required. Color samples to be treated as part of the submittal process.

8. Bidder shall provide closeout documents per construction documents including attic stock, as built drawings, testing, warranties and equipment operation manuals before substantial completion as a prerequisite to final payment. Provide equipment operation instructions to owner representative as required

9. Bidder shall provide warranty from date of substantial completion and for duration per specification. All Warranty work resulting from this Scope of Work shall be at no cost to the owner or construction manager. Temporary use of equipment during construction will not affect warranty period required by the specifications

10. Bidder may not remove or replace Superintendent or Foreman without prior written consent from Construction Manager

11. Bidder shall coordinate delivery of required materials associated with the Bid Package. Bidder shall provide equipment and personnel necessary to unload, stack, protect, and store materials on site. Bidder shall inventory all delivered items and inspect for damage or missing items. Note damaged or missing items on the bill of lading. Construction Manager is not responsible for damaged or misplaced materials or equipment. Bidder shall file all damage claims with insurance carrier(s). Placement of staged items shall be coordinated with Construction Manager’s Project Superintendent




12. Bidder shall provide certificates of insurance for the facility where materials are stored. Certificates must be provided before payment is made. Materials are to be protected from heat and humidity as required by the manufacturer requirements. All materials must be tagged with project name and construction manager name. The items above are subject to the specifications and owner requirements. Coordinate location of on-site storage containers with project superintendent

13. Bidder shall coordinate work with the Construction Manager and other trades affecting their Scope of Work

14. Bidder shall contact the superintendent if the substrate is unacceptable before installation of this scope’s work. Installation of materials over substrate implies acceptance of substrate

15. Time is of the essence. Provide a detailed schedule in bar chart format for the Scope of Work within 10 days of receiving notice of intent. Comply with the project schedule furnishing necessary resources, including overtime, to maintaining project schedule. Should Bidder fall behind schedule due to conditions within Bidder’s control, Bidder shall implement whatever means are necessary to accelerate the Bidder’s Scope of Work until it is in compliance with the schedule. The cost of accelerating the work shall be borne by the Bidder. Certain areas may be completed earlier than originally indicated on schedule. Subcontractor must be prepared for any minor adjustments to the schedule as work progresses

16. Time lost due to weather conditions must be made up by Bidder

17. Bidder shall comply with the established work hours or Owner-specified durations necessary to minimize impact on Owner operations

18. Construction Manager maintains ownership of all schedule free float

19. Bidder shall sequence work as directed by Construction Manager

20. Bidder must be and have been regularly engaged in work to be performed for the past 5 years using at least partially their own work force skilled in that type of work. Onsite foreman must be employed directly by subcontractor and professionally qualified for work to be performed with at least 10 years’ experience

21. Bidder must participate and comply with the Nabholz Quality Management system as relevant to their scope of work

22. Punch lists issued by Construction Manager, Architect, or Owner will be completed within fourteen (14) calendar days from the date of issue. If Bidder fails to comply with this requirement, Construction Manager reserves the right to perform the work for the Bidder and back-charge the Bidder for the cost of the work




23. Notice of Special Conditions:

a) The Project will be staged on an existing, occupied, operating school campus. Avoid interaction with owner’s employees, students, teachers and/or staff. Any harassment of personnel listed above will not be tolerated. All questions or comments from such should be referred to project superintendent. Violation of this requirement will not be tolerated and may be grounds for immediate dismissal from project and/or legal action

b) The use of tobacco, or the use of products containing tobacco in any form on any property owned or leased by a public school district is prohibited

c) Construction activities that generate high decibel noise levels must be scheduled and coordinated with Construction Manager’s Project Superintendent.

d) Construction Manager will coordinate with High School Principal to work within academic and testing schedules

e) Deliveries will give right-of-way to school bus traffic during drop-off and pick-up times

f) Note LEED Certification is a stated goal of the project. All members of the construction team are required to actively participate in documentation and enforcement of LEED credit requirements. Your participation will include, but not limited to the following activities:

i) Compliance with and protection of Erosion and Sedimentation Control Plan

ii) Separation of construction debris into waste and recycling containers provided by the Construction Manager

iii) Documentation of recycled content of installed materials

iv) Documentation of sourced regional materials

v) Protection of stored or installed absorptive materials from moisture damage

g) Note Virtual Building Design will be part of this project. Refer to Section 005.17 Virtual Design Construction Protocol and bid packages for additional information.

24. Prior to award, subcontractors will be required to complete the Declaration Regarding Prohibition of Sex Offenders and Convicted Felons on School Premises form located in this Section.




DECLARATION REGARDING PROHIBITION OF SEX OFFENDERS AND CONVICTED FELONS ON SCHOOL

PREMISES

(TO BE SUBMITTED PRIOR TO AWARD)

__________________________ (“Subcontractor) hereby acknowledges that it has a contract with

Nabholz Construction for services to be performed on the ______________________________

(Name of School District or School Facility Project) premises. This applies to both green field

and renovation/expansion school projects. Subcontractor declares that it has verified (and will

continue to verify at least annually) that none of its employees and none of their sub-tier subcontractor

employees working on the school premises noted above have been convicted, entered a plea of

guilty or a plea of nolo contendere, or received a suspended sentence for a crime or an attempt a

crime in the State of Arkansas, the United States or any other state for

1. any sex offense subject to a Sex Offenders Registration Act, and/or

2. any felony offense within the last ten (10) years unless such an employee has received a

presidential or gubernatorial pardon. This restriction does not apply to persons who have

been convicted of a felony within ten (10) years and who are volunteers performing community

service hours under court order, or who are performing services under a supervised work

release program.

Subcontractor acknowledges that it is unlawful for any person who is a registered pursuant to the

Sex Offenders Registration Act to work with children or to work on school premises.

DECLARATION BY SUBCONTRACTOR

The undersigned ___________________________represent that he/she is the Owner or an officer

of _______________________________, who has the authority to make this declaration to Nabholz

Construction.

I declare under oath that no employee working on school premises under the authority of the above-

named company or business has been convicted in this State, United States or another state of any

sex offense subject to the Sex Offenders Registration Act or is subject to state or federal sex offender

registrations provisions. I further declare that no employee working on school premises under the

authority of the above-named company or business has been convicted of a felony offense within

the past ten (10) years in this State, the United States, or another state.

DATED this ____day of _______________, 20____.

_______________________________________

Subcontractor

__________________ ___________________

By Title

Attest: _________________________________

Subscribed and sworn to before me this _______

day of ______________________, 20________.

_______________________________________

Notary Public

My Commission Expires: ___________________ Notary Stamp

SUBCONTRACTOR PREQUALIFICATION QUESTIONNAIRE

Dear Subcontractor:

Thank you for your interest in partnering with Nabholz Construction Corporation to help build the communities we live in. Nabholz’ success is dependent on reputable, quality subcontractors.

As part of the Nabholz Construction prequalification process, each sub is required to submit and update a Subcontractor Prequalification Questionnaire on an annual basis. Please complete the attached questionnaire, in its entirety, and return to the procurement coordinator closest to your geographical location as listed on the signature page of the form, or back to the person requesting.

All information will be held in strict confidence within the Nabholz family of companies and will be utilized for in-house analysis only.

Along with the completed Subcontractor Prequalification form we also require that you provide the following list of documents to aid in our review:

☐ Current letter of good standing from surety (within the last 3 months) providing years of relationship,verification of bond rate, and single project and aggregate limits. Letter must also include the Surety’s A.M.Best Rating.

☐ Accord 25 Certificate of Liability Insurance in compliance with Nabholz requirements, as indicated onsample certificate at: http://www.nabholz.com/trade-contractors/

☐ OSHA 300/300A logs, last three years. Required for subs with more than ten employees.

Additionally, any Subcontractor whose contract is anticipated to be greater than $100,000 is required to submit the following financial information:

☐ Reference letter from bank officer stating line of credit, basis extended, how much unsecured andsecured, what security required, overall banking relationship, and years of relationship.

☐ Most recent year-end financial statement, audited or reviewed.

Nabholz subcontracts are executed in a two-part contract: In addition to the project-specific contract that defines project scope and dollar value, all subs keep a current Master Contract that defines the general terms of agreement. These two documents together form a binding contract.

Prior to submitting please check that you have:

☐ Reviewed for accuracy and completeness.

☐ Signed and dated last page.

Incomplete questionnaires will be considered expired and discarded after 90 days and must be resubmitted to be considered for review.

Thank you for your participation in our prequalification process. Nabholz owes its long history to successful relationships with clients, subcontractors, and suppliers. We look forward to building a successful relationship with your firm as well.

Sincerely,

Nabholz Construction Corporation

Conway, AR | Little Rock, AR | Jonesboro, AR | Fort Smith, AR | Rogers, AR | Springfield, MO | Olathe, KS | Tulsa, OK | Oklahoma City, OK | Olive Branch, MS nabholz.com | 1-877-NABHOLZ

rev. 8/3/2016 | page 1

http://www.nabholz.com/trade-contractors/


Company Information

Company Legal Name:

Dba:

State of Incorporation:

Registered with Secretary of State? Yes No

Main Construction Division

Federal Tax ID No.

Registration supplied by

Trade you specialize in

Website address

Title

City

Tel Fax

Physical Address

Street Address

State Zip

Mailing Address (If different)

PO Box City State Zip

Contacts

Name (List Main First) Title Telephone Fax Cell Email

Estimating Contact Title Telephone Fax Cell Email


rev. 8/3/2016 | page 2


Divisions of Work

01-3223 - Survey and Layout Data01-4523 - Testing and Inspecting Services01-5423 - Temporary Scaffolding and

Platforms 01-5526 - Traffic Control01-5626 - Temporary Fencing01-7419 - Construction Waste Management

and Disposal 01-7421 - Window Cleaning01-7423 - Final Cleaning01-9100 - Commissioning02-4100 - Demolition02-4300 - Structure Moving02-8200 - Asbestos Remediation02-8300 - Lead Remediation02-8500 - Mold Remediation03-0000 - Concrete03-1100 - Concrete Forming03-1113.16 - Concrete Shoring03-2100 - Reinforcement Bars03-3000 - Cast-in-Place Concrete03-3500 - Concrete Finishing03-3513 - High-Tolerance Concrete Floor

Finishing 03-3516 - Heavy-Duty Concrete Floor

Finishing 03-3543 - Polished Concrete Finishing03-3716 - Pumped Concrete03-3800 - Post-Tensioned Concrete03-4513 - Faced Architectural Precast

Concrete 03-4713 - Tilt-Up Concrete03-5213 - Composite Concrete Roof

Insulation 03-5400 - Cast Underlayment (Gypsum or

Hydraulic Cement) 03-8113 - Flat Concrete Sawing03-8213 - Concrete Core Drilling04-0120.52 - Unit Masonry Cleaning04-0120.91 - Unit Masonry Restoration04-2000 - Unit Masonry04-4300 - Stone Masonry04-7200 - Cast Stone Masonry05-1200 - Structural Steel Framing (Supply)05-1950 - Structural Steel Erection05-4400 - Cold-Formed Metal Trusses05-5000 - Metal Fabrications05-7000 - Decorative Metal05-7313 - Glazed Decorative Metal Railings06-1000 - Rough Carpentry06-1100 - Wood Framing06-1300 - Heavy Timber Construction06-1753 - Shop-Fabricated Wood Trusses06-1800 - Glued-Laminated Construction06-2000 - Finish Carpentry

06-2200 - Millwork06-4100 - Architectural Wood Casework06-6100 - Simulated Stone Fabrications07-1000 - Dampproofing and Waterproofing07-1800 - Traffic Coatings07-2129 - Sprayed Insulation07-2400 - Exterior Insulation and Finish

Systems 07-2700 - Air Barriers07-3100 - Shingles and Shakes07-4000 - Roofing and Siding Panels07-4633 - Plastic Siding07-4646 - Fiber-Cement Siding07-5000 - Membrane Roofing07-7600 - Roof Pavers07-8100 - Applied Fireproofing07-8400 - Firestopping07-9200 - Joint Sealants07-9500 - Expansion Control08-1113 - Hollow Metal Doors and Frames08-1400 - Wood Doors08-3200 - Sliding Glass Doors08-3313 - Coiling Counter Doors08-3316 - Coiling Counter Grilles08-3323 - Overhead Coiling Doors08-3416 - Hangar Doors08-3480 – Fire Doors08-4100 - Entrances and Storefronts08-4229 - Automatic Entrances08-4413 - Glazed Aluminum Curtain Walls08-4500 - Translucent Wall and Roof

Assemblies 08-6200 - Unit Skylights08-8856 - Ballistics-Resistant Glazing09-2113 - Plaster Assemblies09-2116 - Gypsum Board Assemblies09-2423 - Cement Stucco09-3013 - Ceramic Tiling09-3033 - Stone Tiling09-5100 - Acoustical Ceilings09-5400 - Specialty Ceilings09-6200 - Specialty Flooring09-6466 - Wood Athletic Flooring09-6600 - Terrazzo Flooring09-6700 - Fluid-Applied Flooring09-6723 - Resinous Flooring09-6800 - Carpeting09-6900 - Access Flooring09-7200 - Wall Coverings09-8400 - Acoustic Room Components09-9100 - Painting09-9700 - Special Coatings10-0000 - Specialties10-1400 - Signage


rev. 8/3/2016 | page 3


Divisions of Work (cont’d)

10-2123 - Cubicle Curtains and Track10-2219 - Demountable Partitions10-2226 - Operable Partitions10-5100 - Lockers10-7326 - Walkway Coverings10-7500 - Flagpoles10-8200 - Grilles and Screens11-1300 - Loading Dock Equipment11-1400 - Pedestrian Control Equipment11-1500 - Security, Detention, and Banking

Equipment 11-1900 - Detention Equipment11-3100 - Residential Appliances11-4000 - Foodservice Equipment11-5200 - Audio-Visual Equipment11-5213 - Projection Screens11-5300 - Laboratory Equipment11-6100 - Theater and Stage Equipment11-6600 - Athletic Equipment11-6800 - Play Field Equipment and

Structures 11-7000 - Healthcare Equipment11-9100 - Religious Equipment12-2400 - Window Shades12-3000 - Casework12-3600 - Countertops12-3653 - Laboratory Casework12-5200 - Seating12-6100 - Fixed Audience Seating12-6600 - Telescoping Stands12-9300 - Site Furnishings13-1100 - Swimming Pools13-1200 - Fountains13-2000 - Special Purpose Rooms13-2126 - Cold Storage Rooms13-2148 - Sound-Conditioned Rooms13-3113 - Air-Supported Fabric Structures13-3416 - Grandstands and Bleachers13-3419 - Metal Building Systems13-4900 - Radiation Protection14-2000 - Elevators14-3000 - Escalators and Moving Walks14-4200 - Wheelchair Lifts14-4500 - Vehicle Lifts14-9100 - Facility Chutes14-9200 - Pneumatic Tube Systems21-1300 - Fire-Suppression Sprinkler Systems22-1000 - Plumbing23-0010 - HVAC23-0593 - Testing, Adjusting, and Balancing

for HVAC 23-0900 - Instrumentation and Control for

HVAC 25-0000 - Integrated Automation26-1000 - Electrical Subcontractor

26-3200 - Packaged Generator Assemblies27-0000 - Communications27-1000 - Structured Cabling27-4000 - Audio-Video Communications27-6000 - Wireless Transceivers28-0000 - Electronic Safety and Security28-1300 - Access Control28-2300 - Video Surveillance28-2600 - Electronic Personal Protection

Systems 28-3100 - Fire Detection and Alarm31-0000 - Earth/Sitework31-2500 - Erosion and Sedimentation Controls31-3116 - Termite Control31-6329 - Drilled Concrete Piers and Shafts31-6400 - Caissons32-1216 - Asphalt Paving32-1313 - Concrete Paving32-1316 - Decorative Concrete Paving32-1413 - Precast Concrete Unit Paving32-1600 - Curbs, Gutters, Sidewalks, and

Driveways 32-1613 - Curbs and Gutters32-1623 - Sidewalks32-1713 - Parking Bumpers32-1723 - Pavement Markings32-1816 - Synthetic Resilient Surfacing32-1823 - Athletic Surfacing32-3113 - Chain Link Fences and Gates32-3119 - Decorative Metal Fences and Gates32-3213 - Cast-in-Place Concrete Retaining

Walls 32-3223 - Segmental Retaining Walls32-8423 - Underground Sprinklers32-9223 - Sodding32-9323 - Plants and Bulbs33-0000 - Utilities33-4913 - Storm Drainage Manholes, Frames,

and Covers 33-4923 - Storm Drainage Water Retention

Structures 34-4113 - Traffic Signals34-7113 - Vehicle Barriers41-2200 - Cranes and Hoists


rev. 8/3/2016 | page 4


Regions of Work

AL-Alabama AR-Batesville AR-Camden AR-Fayetteville AR-Fort Smith AR-Harrison AR-Hot Springs AR-Jonesboro AR-Little Rock AR-Pine Bluff AR-Russellville AR-Texarkana AR-West Memphis AZ-Arizona CA-California CO-Colorado CT-Connecticut DC-Washington D.C.DE-DelawareFL-FloridaGA-GeorgiaIA-IowaID-IdahoIL-IllinoisIN-IndianaKS-BellevilleKS-ColbyKS-Dodge CityKS-EmporiaKS-Fort ScottKS-HaysKS-HutchinsonKS-IndependenceKS-Kansas CityKS-Liberal

KS-Salina KS-Topeka KS-Wichita KY-Kentucky LA-Louisiana MA-Massachusetts MD-MarylandME-MaineMI-MichiganMN-MinnesotaMO-Bowling GreenMO-Cape GirardeauMO-ChillicotheMO-ColumbiaMO-Flat RiverMO-HannibalMO-HarrisonvilleMO-Jefferson CityMO-JoplinMO-Kansas CityMO-KirksvilleMO-Poplar BluffMO-RollaMO-SedaliaMO-SikestonMO-SpringfieldMO-St. JosephMO-St. LouisMS-MississippiMT-MontanaNC-North CarolinaND-North DakotaNE-NebraskaNH-New HampshireNJ-New Jersey

NM-New Mexico NV-Nevada NY-New York OH-Ohio OK-Ardmore OK-Clinton OK-Durant OK-Enid OK-Guymon OK-Lawton OK-McAlester OK-Miami OK-Muskogee OK-Oklahoma City OK-Ponca City OK-Poteau OK-Shawnee OK-Tulsa OK-Woodward OR-Oregon PA-Pennsylvania RI-Rhode Island SC-South Carolina SD-South Dakota TN-Tennessee TX-Texas UT-Utah VA-Virginia VT-Vermont WA-Washington WI-Wisconsin WV-West Virginia WY-Wyoming


rev. 8/3/2016 | page 5


Certifications

Type of Labor Classifications Bonding and Insurance

Open Shop

Union

National Agreement

Local Union Agreement

Prevailing Wage

Other Labor Type

Other Labor Type:

Union Information:

WBE – Women-owned

MBE – Minority

DBE – Disadvantaged

VBE – Veteran

SBE – Small Business

State Classification

Federal Classification

Other Classification

Other Class Description:

Classification Certified By:

Are you Bondable? Yes No

Bonding Company:

Bonding Company Tel:

Bond Limit - Single Project

Bond Limit - Aggregate

Bond Rate (If tiered, list all tiers)

Insurance Contact:

Insurance Tel:

Insurance Expiration Date

Explain any work that your firm or any affiliated firm has had completed or supported by a surety.

Check if none


rev. 8/3/2016 | page 6


Legal/Financial

Business Type: Years in Business No. of Employees

State of Formation Date Established Dun & Brad No. D & B Rating

Contractor Licenses Banking Contact Information List all trade and professional licenses required to perform your services.

Provide bank contact information as indicated

State – License # and Expiration Date Bank Name

Contact Name

Telephone

Line of Credit

Unused Credit

Expiration Date

Principals Fictitious [Trade or dba] Names List Business Owners and Key Officers Only List any fictitious [trade or dba] names or affiliate

companies under which your firm operates Name - Title, Yrs. in Position


rev. 8/3/2016 | page 7


Litigation Disclosure

1) Explain any suspensions, denials, or revocations of your company’s contractor license. Check if none

2) Explain any petitions for bankruptcy that your firm or any affiliated firm or any of your owners, officers orprincipals has filed.

Check if none

3) Explain any failure to complete or termination for cause that your firm or any other organization with which yourowners, officers or principals were involved with during the past 5 years.

Check if none

4) Explain any judgments, liens, claims, arbitration proceedings, or suits pending/outstanding against your firm or itsowners, officers or principals.

Check if none

5) Explain any lawsuits or requested arbitration or mediation with regard to construction contracts that your firm hasfiled or been the subject of within the past three years.

Check if none


rev. 8/3/2016 | page 8


Work History

Percent of Work as GC: Percent of Work as Sub: Max Contract $ Value: Max Contract (Months)

Annual Volume of Work: Volume Usually Sub’d Out: Lost Work Days Last Yr.: Fatalities Last 5 Yrs.:

Current EMR Year1: Past EMR Year2: Past EMR Year3: OSHA (TCR) Rate:

Emergency Contact: Emergency Phone: Safety Program Contact: Safety Program Phone:

OSHA Citations Last 3 Yrs.

Provide detail of any OSHA citations your company received in the last (3) years.

Date OSHA Citation

Provide detail of any environmental citations your company received within the last three (3) years:

Date Environmental Citation


rev. 8/3/2016 | page 9


Trade References

OWNERS:

Name of Company Contact Phone Number

GENERAL CONTRACTORS:


SUBCONTRACTORS:


SUPPLIERS:



rev. 8/3/2016 | page 10


Contract History/WIP

List the 10 largest projects on which your firm is currently working:

Project Name /Location Client Name Phone Scope of Work Original Value Start Date Finish Date

List the projects completed in the last five (5) years:

Project Name /Location Client Name Phone Scope of Work Original Value Start Date Finish Date


rev. 8/3/2016 | page 11


By executing below, I am acknowledging that Nabholz Construction and the Owner will be relying upon the accuracy of this above information to assist them in determining whether any organization can be selected bidder for individual work categories or combined work categories as established in the bid documents.

I understand the questions above and have answered truthfully and to the best of my knowledge. I further certify that I have signatory authority on behalf of the company.

Name: Title:

Signature: _____________________________________ Date:

Please return the completed Subcontractor Prequalification Questionnaire, along with required documentation (see page one) back to the person who originated it or to one of the following Procurement Coordinators:

Nabholz Construction Services Midwest Operations Rogers, AR Fort Smith, AR Springfield, MO Attn: Sherry GlantonPO Box 277 3301 N 2nd Street Rogers, AR 72756 (479) [email protected]

Nabholz Construction Services Southwest Operations Tulsa, OK Attn: Tricia Sharp 10319 East 54th Street Tulsa, OK 74146 (918) [email protected]

Nabholz Construction Services South-Central Operations Conway, AR Jonesboro, AR Little Rock, AR Olive Branch, MS Attn: Sarah McMillian 612 Garland Street Conway, AR 72032 (501) [email protected]

Nabholz Construction Services Midwest Operations Olathe, KS Attn: Preston Moore 1707 E 123rd Terrace Olathe, KS 66061 (913) [email protected]

Nabholz Construction Services Construction Operations Oklahoma City, OK Attn: Courtney Baker 6400 South Superior Ave. Oklahoma City, OK 73149 (405) [email protected]


rev. 8/3/2016 | page 12







Conway, AR | Little Rock, AR | Jonesboro, AR | Fort Smith, AR | Rogers, AR | Springfield, MO | Olathe, KS | Tulsa, OK | Oklahoma City, OK | Olive Branch, MS

nabholz.com | 1-877-NABHOLZ

Dear Supplier:

To better maintain your company information in our database, we are providing you with the attached Supplier Prequalification Questionnaire along with these instructions, to update your Company Setup information on an annual basis. Please complete the attached Supplier Prequalification Form in its entirety and return to one of the procurement coordinators listed on the signature page of the form. All information will be held in strict confidence within the Nabholz family of companies and will be utilized for in-house analysis of qualification. Along with completing the Supplier Prequalification form we request that you provide the following list of documents for review by our supply chain review team.

Additionally, any Supplier whose purchase order is anticipated to be greater than $1,000,000 shall also submit the following financial information:

Letter of good standing from surety providing years of relationship, verification of bond rate, and single project and aggregate surety limits. Letter must also include the Surety’s A.M. Best Rating

Accord 25 Certificate of Liability Insurance in compliance with the attached Sample.

Litigation Disclosure; explaining any suspensions, denials, revocations, petitions for bankruptcy, contract terminations, judgments, liens, claims, arbitration proceedings in which your firm has filed or been a party to.

OSHA 300/300A logs last three (3) years

Current Work In Progress Report

Reference letter from bank officer stating line of credit, basis extended, how much unsecured and secured, what security required, overall banking relationship, and years of relationship

Current year-end financial statement (audited or reviewed)

Thank you for your participation in this Company maintenance effort. Nabholz owes its long history of successful business to successful relationships with clients, subcontractors, and suppliers. And we look forward to building a successful relationship with your firm as well.

Sincerely,


Revised: 11/12/2015 1



SUPPLIER PREQUALIFICATION QUESTIONNAIRE

I. GENERAL INFORMATION

Federal Tax ID:

Company Name:

Street Address: (City, ST Zip)

Mailing Address: (City, ST Zip)

Main Contact:

Title: E-mail:

Telephone: Fax: Cell:

Estimating Contact: Title: E-mail:

Telephone: Fax: Cell:

Trade Description(s):

II. CERTIFICATIONS

Classifications Bonding and Insurance

WBE – Women-owned MBE – Minority DBE – Disadvantaged VBE – Veteran SBE – Small Business State Classification Federal Classification Other Classification

Other Class Description:

Classification Certified By:

Bondable Bonding Company:

Phone:

Bonding Capacity – Aggregate:

Bond Limit per Project:

Insurance Contact:

Insurance Tel:

Explain any work that your firm or any affiliated firm has had completed or supported by a surety.

Check if none

What is your bond premium rate? If it is a tiered rate, please list tiers.

Revised: 11/12/2015 2

III. Divisions of Work

CSI – Description CSI – Description



01-5423 - Temporary Scaffolding and Platforms

01-5526 - Traffic Control

01-5626 - Temporary Fencing

03-1505 - Concrete Accessory Material

03-1520 - Expansion Joint Material

03-2100 - Reinforcement Bars

03-2205 - Wire Mesh

03-2400 - Fibrous Reinforcing

03-3005 - Ready Mix Concrete

03-3010 - Caissons

03-3913 - Concrete Curing

03-3920 - Concrete Hardener

03-4713 - Tilt-Up Concrete

04-0523 - Masonry Accessories

04-0525 - Wall Flashing

05-1205 - Structural Steel Framing (Supply)

05-1300 - Stainless Steel

05-4400 - Cold-Formed Metal Trusses

05-5000 - Metal Fabrications

05-7000 - Decorative Metal

05-7313 - Glazed Decorative Metal Railings

06-1753 - Shop-Fabricated Wood Trusses

06-1800 - Glued-Laminated Construction

06-6100 - Simulated Stone Fabrications

07-6000 - Flashing and Sheet Metal

07-7200 - Roof Accessories

07-7600 - Roof Pavers

07-9500 - Expansion Control

08-1113 - Hollow Metal Doors and Frames

08-1400 - Wood Doors

08-1500 - Plastic Doors

08-3113 - Access Doors and Frames

08-4500 - Translucent Wall and Roof Assemblies

08-5100 - Metal Windows

08-5200 - Wood Windows

08-6200 - Unit Skylights

08-6700 - Finish Hardware

08-9500 - Vents

10-1100 - Visual Display Units

10-1116 - Markerboards and Tackboards

10-1400 - Signage

10-1416 - Plaques

10-2113 - Toilet Compartments

10-2123 - Cubicle Curtains and Track

10-2219 - Demountable Partitions

10-2226 - Operable Partitions

10-2613 - Wall and Corner Guards

10-2623 - Impact Resistant Wall Protection

10-2800 - Toilet, Bath and Laundry Accessories

10-3200 - Fireplace Accessories

10-4116 - Emergency Key Cabinets

10-4400 - Fire Protection Specialties

10-5100 - Lockers

10-5723 - Closet and Utility Shelving

10-7500 - Flagpoles

10-8200 - Grilles and Screens

11-1400 - Pedestrian Control Equipment

11-2300 - Laundry and Dry Cleaning Equipment

11-3100 - Residential Appliances

11-4000 - Foodservice Equipment

11-5200 - Audio-Visual Equipment

11-5213 - Projection Screens

11-5300 - Laboratory Equipment

11-6100 - Theater and Stage Equipment

11-6600 - Athletic Equipment

11-6800 - Play Field Equipment and Structures

11-7000 - Healthcare Equipment

11-9100 - Religious Equipment

12-4000 - Furnishings and Accessories

12-4813 - Entrance Floor Mats and Frames

12-9300 - Site Furnishings

Revised: 11/12/2015 3

IV. Regions of Work

St Code – City St Code – City St Code – City



AL-Alabama

AR-Batesville

AR-Camden

AR-Fayetteville

AR-Fort Smith

AR-Harrison

AR-Hot Springs

AR-Jonesboro

AR-Little Rock

AR-Pine Bluff

AR-Russellville

AR-Texarkana

AR-West Memphis

AZ-Arizona

CA-California

CO-Colorado

CT-Connecticut

DC-Washington D.C.

DE-Delaware

FL-Florida

GA-Georgia

IA-Iowa

ID-Idaho

IL-Illinois

IN-Indiana

KS-Belleville

KS-Colby

KS-Dodge City

KS-Emporia

KS-Fort Scott

KS-Hays

KS-Hutchinson

KS-Independence

KS-Kansas City

KS-Liberal

KS-Salina

KS-Topeka

KS-Wichita

KY-Kentucky

MA-Massachusetts

MD-Maryland

ME-Maine

MI-Michigan

MN-Minnesota

MO-Bowling Green

MO-Cape Girardeau

MO-Chillicothe

MO-Columbia

MO-Flat River

MO-Hannibal

MO-Harrisonville

MO-Jefferson City

MO-Joplin

MO-Kansas City

MO-Kirksville

MO-Poplar Bluff

MO-Rolla

MO-Sedalia

MO-Sikeston

MO-Springfield

MO-St. Joseph

MO-St. Louis

MS-Mississippi

MT-Montana

NC-North Carolina

ND-North Dakota

NE-Nebraska

NH-New Hampshire

NJ-New Jersey

NM-New Mexico

NV-Nevada

NY-New York

OH-Ohio

OK-Ardmore

OK-Clinton

OK-Durant

OK-Enid

OK-Guymon

OK-Lawton

OK-McAlester

OK-Miami

OK-Muskogee

OK-Oklahoma City

OK-Ponca City

OK-Poteau

OK-Shawnee

OK-Tulsa

OK-Woodward

OR-Oregon

PA-Pennsylvania

RI-Rhode Island

SC-South Carolina

SD-South Dakota

TN-Tennessee

TX-Texas

UT-Utah

VA-Virginia

VT-Vermont

WA-Washington

WI-Wisconsin

WV-West Virginia

WY-Wyoming

Revised: 11/12/2015 4



V. LEGAL/FINANCIAL INFORMATION

Business Type: Years in Business No. of Employees

State of Formation Date Established Dun & Brad No. D & B Rating

Principals Fictitious [Trade or dba] Names

List Business Owners and Key Officers

Name, Title – Yrs. in Position

List any fictitious [trade or dba] names or affiliate companies under which your firm operates

Litigation Information:

Explain any [petitions for bankruptcy] that your firm or any affiliated firm or any of your owners, officers or principals has filed. Check if none

Explain any [failure to complete] or [termination for cause] that your firm or any other organization with which your owners, officers or principals were involved with during the past 5 years. Check if none

Explain any judgments, liens, claims, arbitration proceedings, or suits pending/ outstanding against your firm or its owners, officers or principals. Check if none

Explain any lawsuits or requested arbitration or mediation with regard to purchase orders that your firm has filed or been the subject of within the past three years. Check if none

Revised: 11/12/2015 5



Trade References: (minimum two (2) per group)

OWNERS:


GENERAL CONTRACTORS:


SUBCONTRACTORS:


SUPPLIERS:


Revised: 11/12/2015 6



By executing below, I am acknowledging that Nabholz Construction and the Owner will be relying upon the accuracy of this above information to assist them in determining in their discretion whether any organization can be selected bidder for individual work categories or combined work categories as established in the bid documents.

I understand the questions above and have answered truthfully and to the best of my knowledge.

Name: Title:

Signature: ____________________________________ Date:

Please return the completed Supplier Prequalification Questionnaire, along with attachments to one of the following Procurement Coordinators:

Nabholz South Central Operations Conway, AR Jonesboro, AR Little Rock, AR Olive Branch, MS Attn: Sarah McMillian 612 Garland Street Conway, AR 72032 (W): +1 (501) 505-5829 [email protected]

Nabholz Midwest Operations Rogers, AR Fort Smith, AR Springfield, MO Attn: Sherry GlantonPO Box 2773301 N 2nd StRogers, AR 72756(W): +1 (479) 659-7874 [email protected]

Nabholz Midwest Operations Olathe, KS Attn: Preston Moore1707 E 123rd Terrace Olathe, KS 66061 (W): +1 (913) 393-6521 [email protected]

Nabholz Southwest Operations Tulsa, OK Attn: Tricia Sharp10319 East 54th Street Tulsa, OK 74146 (W): +1 (918) [email protected]

Nabholz Southwest OperationsOklahoma City, OK Attn: Courtney Baker 6400 South Superior Ave. Oklahoma City, OK 73149 (W): +1 (405) 979-4420 [email protected]

Revised: 11/12/2015 7







Section 004 Form of Proposal

004.01 Form of Proposal


Page 1 of 3 Form of Proposal 004.01


Project JEFFERSON CITY PUBLIC SCHOOLS SECOND HIGH SCHOOL

Jefferson City, Missouri

Date of Bid ___________________________________________________________________ Submitted by (“Bidder”) _________________________________________________________

Company Representative _______________________________________________________

Company Representative Cell Phone ______________________________________________

Company Representative Email Address ___________________________________________

Address _____________________________________________________________________

Proposal to Nabholz Construction 1707 E 123rd Terrace Olathe, KS 66061 Fax 913.393.6500 Scope of Work Bid Package Number _______________ Bid Package Description ________________________________________________________

Addenda Bidder acknowledges receipt of the following addenda. Addendum # _____ dated _______________ Addendum # _____ dated _______________ Addendum # _____ dated _______________ Addendum # _____ dated _______________

Base Bid

Bidder submitting this proposal agrees to furnish labor, materials, equipment, and supervision

required to complete the Scope of Work in accordance with all requirements of the

specifications, drawings, Construction Manager’s Manual, and all applicable governing codes

and regulations.

Bidder agrees to complete the Scope of Work for a lump sum of:

$ ___________________________________________________________________________




ALTERNATES 1. Alternate Description Add/Deduct $ _____________ 2. Alternate Description Add/Deduct $ _____________

Voluntary Alternates 1. ______________________________________________ Add/Deduct $ _____________ 2. ______________________________________________ Add/Deduct $ _____________

Unit Pricing: Where applicable to Scope of Work, provide the following unit prices, which will be used to adjust contract amount for changes to Scope of Work.

1. Undercut and remove from site existing unsuitable soils and replace

with compacted fill, measured as in-place yardage. $ __________ / cuyd

2. Excavate unsuitable material under footings and replace with

compacted fill bridge lift, measured as in-place yardage. $ __________ / cuyd

3. Excavate and removed from jobsite mass rock quantity, measured as

in-place yardage. $ __________ / cuyd

4. Excavate and remove from jobsite trench rock quantity, measured

as in-place yardage. $ __________ / cuyd

Bonding

Bidder can provide a Performance and Payment Bond and can meet the requirements set forth

in the Project Contract located in Section 006.02 Project Contract – Article V (circle one)

Yes / No

If the Bidder can provide a Bond, indicate the percentage rate for the bond cost. ____________

Name and phone number of Surety Agent.

Name __________________________________________________Phone________________




WORK IN PROGRESS & PROJECT SPECIFIC QUALIFICATIONS

Bidder shall submit with their proposal a Work in Progress (WIP) Report that lists the ten (10)

largest projects currently being constructed. Moreover, final evaluation of Bidder’s proposal

shall be conditional on review of WIP Report, and Bidder’s experience with similar scope and

projects.

COMPLETION TIME

All Work shall be completed within the schedules prepared by and agreed to by Nabholz.

Bidder shall provide adequate manpower and submit documentation for approval necessary to

work within the timeframe scheduled. For estimated time period for construction refer to section

008.00.

SIGNATURE

Bidder agrees that this proposal remains valid for a period of 60 days. Bidder understands that

Nabholz and the Owner reserve the right to reject any or all bids. Bidder acknowledges

Nabholz minimum insurance requirements and understands that the Master Contract shall be

the basis of any contract offered by Nabholz Construction to Bidder. Proposed modifications of

Master Contract language must be submitted with bid. Attach additional sheets if necessary.

Upon receipt of notice of acceptance of bid, Bidder agrees to execute and return the contract

and required insurance certificates within two weeks of notification.

By _____________________________________________ Title ______________________

Printed name of individual signing this proposal ______________________________________

Contact phone number _________________________________________________________

Contact fax number ____________________________________________________________

Date _______________________________________________________________________

Missouri State Contractor’s License No. ___________________________________________

Section 005 Contract Performance and

Administration



005.03 Insurance Requirements


005.05 Change Proposal Pricing and Change Orders


005.07 Submittals

005.08 Schedule


005.10 Protection of Material and Installed Work




005.14 Record Drawings and O & M Manuals




005.18 Nothing Hits the Floor


Page 1 of 33 Recommended Use of This Section 005.01


The purpose of this Section is to provide Subcontractor with the necessary forms and information to assist Subcontractor in the administration of subcontract agreements.

1. Review the procedures outlined in this manual with applicable “Action” personnel in Subcontractor’s company. Ensure that all concerned understand and comply with the requirements. Any questions should be directed to the Nabholz Contact (See Section 001).

2. Revisions to this manual and additional information will be issued periodically and should be inserted in the applicable sections.

3. Several sections contain references to manuals and other project documents not contained within. These can be inspected at the Nabholz office or copies obtained upon request.

4. The contents of this manual do not supersede or change the requirement of the Contract Documents or Subcontractor’s Project Contract Agreement. Please also see Exhibit B of Subcontractor’s Project Contract Agreement.

NOTE: As stated above, this manual is provided for Subcontractor’s use in facilitating the Work and is not intended to either alter or compromise the terms and provisions of Subcontractor’s Master Contract Agreement or Project Contract Agreement.


Page 2 of 33 Definition of Terms 005.02


1. The term “Subcontractor” means the trade-contractor holding a contract with Nabholz Construction Services.

2. The term “Construction Manager” means “Nabholz Construction Services”

3. The terms “you”, “his”, etc., as used in this manual refer to Subcontractor.

4. The term “day” means calendar day unless specifically noted otherwise.

5. The term “provide” means to furnish and install.

6. The term “contract” as used in this manual refers to the Subcontract agreement between Nabholz Construction and Subcontractor unless specifically noted otherwise.

7. The term “Owner” refers to NABHOLZ CONSTRUCTION.

8. The term “Architect” refers to DLR GROUP, ACI BOLAND ARCHITECTS & THE ARCHITECTS ALLIANCE.

005.03 Insurance Requirements for Subcontractors

Page 3 of 33 Insurance Requirements for Subcontractors 005.03

Rev 1 – January 2013

NABHOLZ WILL NOT AUTHORIZE PAYMENTS TO SUBCONTRACTOR UNLESS SUBCONTRACTOR’S CURRENT CERTIFICATE OF INSURANCE AND CERTIFICATE OF SAFETY AND HEALTH IS ON FILE AND APPROVED.

FOLLOWING ARE MINIMAL INSURANCE REQUIREMENTS FOR SUBCONTRACTORS. WHERE THESE GENERAL REQUIREMENTS ARE LESS THAN THE REQUIREMENTS SET BY THE CONTRACT DOCUMENTS, THE CONTRACT DOCUMENTS WILL PREVAIL.

1. Automobile Liability $2,000,000 combined single limits

2. Worker’s Compensation Insurance Per Statue and Employer’s Liability $1,000,000

3. General Liability, with the following coverages:

Contractual Liability; Completed Operations $2,000,000/Occurrence And Products; Broad Form Property Damage; $2,000,000/Aggregate Independent Contractors; Personal Injury; X, C, U exclusions deleted, if applicable.

4. Umbrella Insurance OPTIONAL

5. The following statement must appear on each certificate and each policy must be endorsed accordingly. (If it is necessary to attach the statement to a separate piece of paper, the attachment should be signed, dated and clearly referenced to the certificate.)

Nabholz Construction Services and Jefferson City Public Schools are to be named as an additional insured under the blanket additional insured endorsement with regard to the contract between them and the named insured for this project only as respects general liability and auto liability.

6. Subcontractor must maintain evidence of insurance through the warranty period.

7. The Certificate must include a 30 day written cancellation notice.

8. All coverage must be on an “Occurrence” basis rather than “Claims Made.”

9. See Sample Certificate of Insurance in Section 006.


Page 4 of 33 Quality Control 005.04


Construction Manager’s policy is to provide the maximum quality of construction and materials within the guidelines of the specifications and plans under contract.

1. All work to be performed by experienced workmen per industry trade association standards, applicable codes and standard practice.

2. The Subcontractor and/or Supplier shall inspect all new materials, equipment, etc., as they arrive on project for compliance with contract requirements, shop drawings, and visual quality. Inspection during fabrication should be considered.

3. Subcontractor or Supplier shall ensure that correct engineering data is being followed for layout.

4. Subcontractor or Supplier shall discuss with Nabholz early if items can be ordered with guaranteed dimensions or must wait for field measurements.

5. Subcontractor shall provide a competent person who shall be responsible for performing Quality Control responsibilities on the Project.

6. Each contractor to provide a list of inspections required for the Scope of Work and maintain documentation of inspection logs.

7. A checklist shall be submitted by each Subcontractor containing a list of all inspections required to complete the work package as specified.

8. Before work begins request and attend a pre-installation conference to be attended by Nabholz Construction Services, Architect and Owner at their discretion.

9. Subcontractor is required to send a foreman, project manager or owner to all weekly jobsite coordination meetings pertaining to the Scope of Work and/or as required by project superintendent. Employees attending meetings must have the authority to make commitments on subcontractor’s resources (manpower, equipment, tools, etc.) to maintain Project Schedule or meet milestone dates.

10. Subcontractor shall exercise all required precautions necessary to protect all buildings and other construction on property adjacent to that under Scope of Work.

11. Subcontractor is responsible for Subcontractor’s own quality control. Subcontractor shall conform to all manufacturers’ requirements. All work shall be performed in a good workmanship-like manner, acceptable to Construction Manager at all times.

12. Subcontractor shall check all surfaces prior to the application of work. Subcontractor shall notify Construction Manager of any discovered deficiency or faulty workmanship, in order for Construction Manager to remedy the surface. If Subcontractor does not follow this process prior to the installation of work, Subcontractor agrees to be responsible for the repair or replacement of work as necessary at no extra charge to Construction Manager.

13. Punch List items must be addressed within a reasonable amount of time to ensure continuation of work by other trades. Failure to complete Punch List items may be sufficient cause to withhold a portion of monthly payments.


Page 5 of 33 Quality Control 005.04


Construction Manager is committed to constructing a high quality project for Owner. To that end, Subcontractors shall actively participate in Construction Manager’s Quality Management System (QMS) Program. For all work associated with Subcontractor’s trade contract, the work shall be performed in strict accordance with the Contract Documents and with Construction Manager’s Quality Management System Requirements. The Nabholz Quality Management System Program is hereby incorporated into Subcontractor’s trade contract and is available for inspection or replication upon request.

005.05 Contract Scope and Price, and Change Orders

Page 6 of 33 Contract Scope and Price, and Change Orders 005.05


1. Contract Scope and Price

Definition: This is the Contract price for the scope of work associated with Subcontractor’s, Vendor’s or Supplier’s base Contract amount.

a. Contract is written with the intent to be a "turn-key" agreement, inclusive of all anticipated costs, fees, and taxes. All labor, installation, materials, insurance, equipment, and clean-up of any debris left by workers will be included in the Contract price for a complete operation.

b. Contract prices are good for duration of Contract.

c. Contract is based on a lump sum amount. Field measuring quantities for final payment is not an option. Units and quantities may be indicated for scope determination only.

d. Subcontractor agrees to provide all required move-ins necessary to complete Scope of Work.

e. Subcontractor agrees that Contract is inclusive of all incidents required for a complete Scope of Work and all functional intent that may or may not be expressly implied within the plans and specifications.

2. Change Order Work

Definition: Any work that changes the scope of the Subcontractor’s, Vendor’s or Supplier’s base Contract. This classification includes both “Changes in Scope of Work” and “Extra Work” as further defined in paragraphs “3” and “5” below.

a. Instructions for change order work of any type will be in writing. All change order work must be approved in writing by Construction Manager’s Project Manager before work commences. Any extra work performed by Subcontractor without prior written instructions will be at Subcontractor’s expense.

b. Subcontractor shall ensure that field supervisors are familiar with the extent and scope of work so that the work is not delayed due to arguments regarding contractual responsibilities.

3. Change in Scope of Work

Definition: A change initiated by the Owner that adds to or deletes from Subcontractor’s scope of work or affects the time required for the performance of the work.

a. Construction Manager will review all changes initiated by the Owner or Architect, assign a control number, and forward the information to applicable Subcontractors. Subcontractors must reply in writing within (5) days.

b. If Subcontractor submits a quotation (Change Proposal) and does not specify that a time extension is required, Subcontractor will be required to complete the work, including the work required by the change, as indicated by the most current project construction schedule.

c. Reference each change only by Construction Manager’s control number. Change proposals that do not have the proper control number listed or a complete cost and breakdown will be returned to Subcontractor with no action taken.




d. When Subcontractor submits a change proposal for a change under a particular control number, it will be assumed to cover all work required by that change unless indicated otherwise. It is Subcontractor’s responsibility to investigate the total scope of the change and notify Construction Manager at the time Subcontractor submits the change proposal of any exclusions or qualifications that would affect Subcontractor’s quote.

4. Disputed Work

Definition: Work that is considered to be “extra” by Subcontractor but considered to be “base contract work” by Construction Manager, or work that is believed to be beyond the scope of the General Contract with the Owner.

a. The procedure used to document and track the work is to be the same as that used for “Time and Material” work. The signature of Construction Manager’s Superintendent on Time and Material daily slips is only to verify the work that was performed. Signature is not an acceptance of responsibility for the cost of the work, nor an affirmation that work may be considered “extra”.

5. Extra Work

Definition: Work beyond the scope of the Contract that is performed for other Subcontractors or Construction Manager. Procedure used to document and track Extra Work shall be the same as that used for Time and Material Work as defined in Paragraph “6” below.

6. Time and Material Work (T&M)

On limited occasions, Construction Manger may direct Subcontractor to do work on a T&M basis. If Subcontractor is so directed, the Cost of the Work shall be documented as follows.

a. Time and material slips must be signed on a daily basis by Construction Manager’s Project Superintendent. One copy of the signed slip must be given to Construction Manager’s Superintendent or turned in at the jobsite office. Information on the daily slips must include:

1) Date

2) Subcontractor name

3) Complete description of the work, including type, location, extent, quantities, etc.

4) Number of hours worked by each labor classification

5) Material used

6) Equipment used

7) Construction Manager’s control number (if applicable)

b. Daily time and material slips that do not have the proper Nabholz required information will be considered “VOID”.

c. Quotations for time and material must be submitted within ten (10) working days of the completion of work. Copies of the signed daily time and material slips must be submitted as backup. Payment will not be authorized without signed time and material slips.




7. Deleted Material

If material that was to have been purchased by Subcontractor as part of the work is deleted by an Architect- or Owner-initiated change prior to installation, one of the following operations will be used per Owner’s direction.

a. Credit will be given to Owner for the cost of the material minus any reasonable restocking charge.

b. Material will be turned over to Owner (only if the material cannot be returned to the manufacturer or supplier for a reasonable credit). An installation credit may be required depending on the activity in dispute.

Unless otherwise noted, material turned over to Owner must be turned over at the time that the building itself is being turned over and accepted by Owner (not at the time of the change).

1) Subcontractor must store the material (off-site, if required) until it is turned over. Subcontractor will be responsible for the care and custody of the material until it is turned over to Owner. All costs associated with the handling, storage, and turnover of the material are to be included in Subcontractor’s change proposal at the time the material is deleted.

2) Subcontractor must keep an accounting of all deleted material and submit an up-dated list with each progress payment request. Information on the list must include the Construction Manager’s change in which the material was deleted and quantities and descriptions of all items. The Owner may elect (optional) to have the deleted material disposed of in lieu of having it turned over.

3) Without written instruction issued by Construction Manager, Subcontractor will be liable for displacement costs for any deleted material that is disposed of without proper written instructions.

8. Billing of Changes

Subcontractor agrees to furnish all labor, materials, tools, equipment, supplies, insurance, bonds, etc., required for additional work, for which no pre-agreed price has been fixed, for net costs of all labor, materials, etc., furnished plus ten percent (10%) total mark-up for overhead and profit of the subcontractor, unless otherwise noted in the contract documents.

All of Subcontractor’s billings for base contract work and change order work (including “Change in Scope of Work,” “Extra Work,” and “Time and Material Work”) will be paid as progress billings only. There will be no payment for change order work of any type without a signed change order from Construction Manager.

a. Change in Scope of Work: Upon receipt of a Change Order from the Owner, Construction Manager will issue a Subcontract Change Order.

b. Extra Work: Upon Construction Manager’s review and approval of Subcontractor’s quotation, Nabholz will issue a Subcontract Change Order.




9. Hourly Cost Breakdown

Subcontractor must submit to Construction Manager a breakdown by trade and classification (foreman, journeyman, apprentice, etc.) for direct labor cost per hour. These amounts are not to be exceeded for change order work unless the increase is due to actual labor cost increases during the duration of the Project. Subcontractor must notify Construction Manager, in writing, of changes to the labor cost breakdown.


Page 10 of 33 Contract Documents 005.06


1. Distribution

Each Subcontractor and Vendor contract includes all contract documents. Do not submit quotes or changes without a complete set of contract documents, drawings, and specifications. Please coordinate request for documents through the project management staff.

2. Contract Documents

The Architect has issued a construction set of contract documents.

These documents are available to Subcontractor through the reproduction company at Subcontractor’s expense. Subcontractor must verify the completeness of these documents and notify Construction Manager of any discrepancies. Neither Construction Manager, Architect, nor Owner assume any responsibility in this request and consider this supply a convenience to Subcontractor.

3. Drawings Discrepancies

Should Subcontractor find discrepancies in, or omissions from, the drawings or documents, or should Subcontractor be in doubt as to their meaning, Subcontractor shall obtain clarification from Construction Manager’s authorized representative before proceeding with any affected work. All clarification requests shall be written (see Section 6 of this manual for Request for Information). All Construction Manager official responses will be in writing.

Where a conflict exists between the construction documents (drawings and specifications) and this bid proposal, the following precedence prevails.

a. Scope of Work to be performed by Subcontractor or Vendor: Bid Package description and existing site conditions prevail.

b. Project Specifications

c. Project Drawings

005.07 Submittals

Page 11 of 33 Submittals 005.07


The following requirements are not intended to supersede any more strenuous requirements elsewhere in the Contract Documents. See Specifications for Submittal Procedures.

1. Submittals

a. Subcontractor is responsible for Subcontractor’s submittals to be in compliance with applicable Contact Documents and for any delays occasioned by lack of such compliance.

b. Subcontractor Submittal Log and Presentation

Prior to first submittal, Subcontractor shall identify the list of all items required for submittal. Include all Guarantees and Warranties in this log. Indicate the required approval date and lead times for materials and equipment.

c. Index

All sets of drawings must have an index on the front sheet listing each drawing by sheet number, title, original drawing date, revision number, and revision date.

d. Submittal Reference

Each drawing must be marked with proper descriptive title, including but not limited to part, location, project number, manufacturer’s number, reference to contract drawing number, detail Section Number, or Specification Section Number.

e. Reviews

Construction Manager’s review of Submittals is not construed as a complete check or relief from responsibility for errors of any sort, or from necessity of furnishing work required by the Contract Documents which may not have been shown in the submittal.

Subcontractor is responsible for quantities and dimensions shown on submittals and for all field verifications of dimensions.

Construction Manager’s Project Management will receive, verify completeness, and log submittals prior to forwarding to the Architect. Construction Manager will review all submittals for general compliance with the Contract Documents.

f. Variations from Contract Documents

Subcontractor must obtain specific approval for variations from the Contract Documents. Use RFI form to initiate approval process. Deviation or variations shall be identified in writing, separate from the drawings, and will be submitted as one package. “Obtaining specific approval” is defined as flagging details on the shop drawings, clearly noting them as deviations from the Contract Documents, and receiving written verification that the change has been accepted by the Owner.

Construction Manager will not accept variations from the Contract Documents solely for the convenience of Subcontractor. The Specifications clearly define the reasons for the variations so as to be beneficial to the Owner, both monetarily and due to stringent schedule time restraints. Construction Manager will not process a variation, however, that has cost savings but at the same time may delay the project.

005.07 Submittals



Any costs incurred by Construction Manager that are the result of changes to the Contract Documents which are made by Subcontractor for convenience, will be Subcontractor’s responsibility.

g. Nonconforming Details

Nonconforming details that are required for reasons beyond Subcontractor’s control (Contract Document details that are incorrect, proven to be faulty or not feasible, etc.) and that will result in an increase in Subcontractor’s contract, are to be immediately brought to Construction Manager’s attention in writing. Failure to follow this procedure will jeopardize Subcontractor’s ability to recover additional incurred costs.

h. Revisions

All revisions must be flagged, properly indexed, and dated. Previously submitted drawings are not to be revised without flagging all changes on each sheet. Subcontractor shall specify the origin of any revision.

i. Coordination

Subcontractor shall coordinate the requirements of their work with that of other trades prior to the preparation of shop drawings through review of all contract drawings and any necessary coordination meetings with other trades which shall be scheduled through Construction Manager.

j. Distribution

In accordance with the Contract, shop drawings are to be submitted in sets of 7 prints. Subcontractor will receive an approved copy back for the purpose of providing all necessary coordination and job use sets. Coordinate quantity of job use sets with Subcontractor’s Construction Manager’s Project Manager.

2. Brochures and Submittals

In accordance with the Contract, brochures and submittals are to be submitted in sets of seven (7). Subcontractor will receive two (2) sets back for file.

3. Samples

Typically, three (3) samples will be required for submission. If a specific quantity of samples is referenced by Specification other than that noted above, one additional sample must be furnished for Construction Manager’s records. All required certification shall accompany the sample submission with cover letter noting the following.

a. Contractor’s name

b. Project name and number

c. List of samples being submitted

d. Specification section to which sample refers

e. Number of standard (ASTM, USASI, Commercial Standard, Federal Spec.), if any, with which sample complies

f. Manufacturer’s name or source of supply

005.07 Submittals



g. Trade name

h. Catalogue number

i. Other pertinent information

j. Any deviation from contract requirements

k. Contractor’s certification that all samples have been checked for compliance with contract requirements and availability of material represented thereby

l. Fill out submittal cover sheet, 1 copy for each separate submittal

4. Drawings

a. Submit seven (7) copies.

b. Plans must include a 6” wide x 3” high block for the Quality Control approval stamp.

c. Submittal cover sheet to be filled out and must be attached to each set of drawings. This will facilitate review and distribution.

5. Electronic Submittals

a. When possible, electronic submittals will be accepted and are preferred to paper copies. Submit electronic submittals in .pdf or .dwg format. Other electronic formats will be considered with pre-approval of Construction Manager.

b. All other information listed above applies to electronic submittals just as it applies to paper copies of submittals.

6. Bidder shall be held responsible for submission of all submittals within two weeks of notice of intent to award, including but not limited to shop drawings, product data, samples, mock-ups, operating, service and maintenance manuals, MSDS information, and other submittals required by the specifications and Construction Manager’s Quality Management System. Submittals are to be checked and signed off on by trade contractor’s representative indicating such. Shop Drawings should be started upon notice of intent to award contract and completed expeditiously so as to not delay construction. Coordinate with existing conditions and other trade contractors as needed for locations, sizes and penetrations required. Color samples to be treated as part of the submittal process.

005.08 Schedule

Page 14 of 33 Schedule 005.08


Construction Manager will create a schedule with Milestone and Phasing dates which must be met. Construction Manager will execute a collaborative meeting with the major Subcontractors to define the actual schedule. All Subcontractors shall be aware of this process upon award of Work and are contractually bound to same.

Subcontractor is required to send a foreman, project manager or owner to all weekly jobsite coordination meetings pertaining to the Scope of Work and/or as required by project superintendent. Employees attending meetings must have the authority to make commitments on subcontractor’s resources (manpower, equipment, tools, etc.) to maintain Project Schedule or meet milestone dates.

1. Project Construction Schedule

Construction Manager will keep a Project Master Construction Schedule on-site for Subcontractor’s review. This schedule will be updated on a continual basis. Construction Manager maintains that this schedule will be executed as detailed. Construction Manager intends to maintain this schedule and to improve upon it. Certain areas may be made available earlier than currently indicated. Subcontractor shall strictly adhere to Construction Manager’s Project Schedule, inclusive of acceleration, and must be prepared for any adjustments to this schedule as work progresses.

2. Schedule of Subcontractor’s Work

As required by Construction Manager, Subcontractor will submit (and update as required) a schedule for Subcontractor’s portion of the work. Any work that is required to be in place before Subcontractor’s work can start is to be noted on Subcontractor’s schedule.

3. Commencement and Sequence of Work

Subcontractor shall be ready to commence work as required by the Project Construction Schedule and immediately upon receiving a Notice To Proceed; and receipt from Subcontractor of executed Master and Project Contract Documents, Insurance that complies with minimum requirements, and Performance and Payment bonds (if required).

If the Project, in the opinion of Construction Manager, shall not be in condition to receive Subcontractor’s work at the time hereinafter stipulated, then Subcontractor shall hold in readiness, and upon receipt of seventy-two (72) hour notice from Construction Manager, shall commence work at the Project.

4. Out of Sequence Work

Subcontractor shall stay informed as to the general progress of the job and shall bring to Construction Manger's attention any work that must be performed before Subcontractor’s work can start. When job construction is required, Subcontractor shall omit any sections or portions of work that may be required by Construction Manager and shall later fill in such sections or portions when directed, at no additional cost. Subcontractor shall also perform any work out of sequence that may be required by Construction Manager at no additional cost.

005.08 Schedule

Page 15 of 33 Schedule 005.08


5. Completion Dates

Subcontractor will be required to complete all work by scheduled completion dates. Subcontractor must notify Construction Manager in writing if conditions at the site prohibit Subcontractor from completing work on time. Failure to notify Construction Manager of these conditions will leave Subcontractor responsible for making up time required to meet the construction schedule at no additional cost.

6. Submittals

Construction Manager requires no less than ten (10) working days, not including transit time, for review of submittals, shop drawings, samples, manufacturer’s literature, etc. Subcontractor must make submittals in a timely manner. Costs incurred for delays caused by re-submittal of drawings will be Subcontractor’s responsibility.

7. Weekend and Overtime Work

Construction Manager will provide a Supervisor on-site when any type of work is performed on the Project. Subcontractor must notify Construction Manager’s Project Superintendent to schedule any weekend or overtime work. If overtime work is required due to schedule deficiencies caused by Subcontractor, Subcontractor will be responsible for Construction Manager’s direct cost of all labor (wages, fringe benefits, etc.), and hoisting which may be required for Subcontractor’s overtime work. In the case where more than one subcontractor is working on overtime, the direct labor cost, and hoisting cost if required, will be prorated as deemed appropriate by Construction Manager.

8. Milestone Dates

All Subcontractors are bound by the phase milestone dates as agreed upon in the collaborative schedule meeting.


Page 16 of 33 Material Procurement, Expediting, and Handling 005.09


1. Critical Item

Materials critical to the timely completion of the project will be Subcontractor’s responsibility. Subcontractor must make every effort necessary to expedite shop drawing submittals and subsequent acquisitions of these items. No substitutions of materials and products will be made without prior written approval from Construction Manager.

2. Handling

All material handling equipment, including but not limited to hoisting with certified operators, bracing, shoring, scaffolding necessary to move materials and complete this scope of work.

3. Loose Material

Loose material is defined as material that is required by the Contract Documents to be turned over to the Owner, but is not installed or attached to the building. Examples of loose material include spare parts, attic stock, special tools, or chemical supplies.

a. Loose material of any type must be inventoried and provisions must be made for Owner’s Authorized Representative to sign the inventory sheet verifying the quantity. Signed inventory sheet must be submitted to Construction Manager at the jobsite office. Construction Manager will not sign for, nor accept responsibility for, the care and custody of loose material.

b. Should disagreements arise regarding loose material, Subcontractor must produce copies of the signed acceptance sheet(s). If Subcontractor does not have signed copies of the acceptance sheets, Subcontractor will be required to furnish the material in question.

4. Off-Site Stored Materials

Provided that the Prime Contract between Owner and Construction Manager allows for payment of Off-Site Stored Materials, Subcontractor/Supplier must ensure that the following conditions are met before payment is released.

a. Receipt of documentation noting off-site stored material location, site contact, and inspection hours of the storage facility.

b. Receipt of off-site stored material insurance certification, for the location where off-site material is stored with Additional Insured to match the project insurance requirements. Coverage must include replacement value for all loss from any cause, including loss during transportation from the off-site storage facility to the project site.

c. Receipt of date-stamped digital photos showing that the off-site materials are stored in a secure facility where the items are protected from the elements, theft, and vandalism.

d. Receipt of date-stamped digital photos showing that the off-site materials are segregated from the common stock and are clearly marked and identified as being specifically for the project requiring the materials.

e. Receipt of Unconditional/Conditional Lien Releases for the materials being stored.

f. Receipt of copies of actual invoices for the off-site materials being stored and billed. No mark-up by Subcontractor is allowed on off-site stored materials.


Page 17 of 33 Material Procurement, Expediting, and Handling 005.09


If Subcontractor/Supplier fails to comply with the requirements outlined in this Offsite Stored Material Section, or in the event of a Subcontractor/Supplier default, Construction Manager shall have free access to enter Subcontractor’s/Supplier’s premises and to take possession of and utilize, sell, lease or otherwise dispose of the property in such a manner as Construction Manager, in its sole discretion, may elect.

Subcontractor/Vendor shall warrant and defend the sale of the property hereby made against all and every person whomsoever lawfully claiming the same or any part thereof.

Subcontractor /Vendor shall protect and bear the risk of loss or damage to such property until final completion and acceptance by Owner in accordance with the terms of the Contract Documents. Subcontractor/Vendor, on behalf of its insurance companies insuring the property against loss, waives right of subrogation against Construction Manager.

005.10 Protection of Materials and Installed Work

Page 18 of 33 Protection of Materials and Installed Work 005.10


1. Protection of Material and Installed Work

Subcontractor shall be responsible for protection of material, equipment, and installed work.

a. Subcontractor shall protect and secure material, tools and equipment against loss by storm or theft. Construction Manager will not accept any claim for alleged storm damage or theft of material or equipment from the jobsite.

b. Subcontractor shall be responsible for furnishing, installing, and maintaining protection measures for materials and installed work until final installation and acceptance by the Owner. Any loss due to theft or breakage prior to final installation and acceptance by Owner shall be replaced by Subcontractor at no additional cost to Construction Manager.

c. Construction Manager will not accept responsibility for the care, custody, and control of material between the time of installation by the Subcontractor and acceptance by the Owner.

2. Repair or Replacement of Installed Work

At no additional cost, Subcontractor shall touch-up, repair, replace, repaint, or rehabilitate work as required to bring work to an acceptable condition per the Contract Documents at the time the work is to be turned over and accepted by the Owner.

a. Subcontractor responsibility as noted above will be in effect until both of the following conditions are met.

1) Certificate of Substantial Completion for the project has been issued by the Architect

2) The Owner accepts the work and takes over the building for beneficial use

b. Construction Manager will not accept any claim for repair or replacement of Subcontractor’s material or installed work due to vandalism, malicious mischief, normal construction traffic, theft, etc. All such repairs or replacements are to be either handled by Subcontractor directly at Subcontractor’s cost or covered by Subcontractor’s insurance.

3. Damage by Another Subcontractor

If Subcontractor’s work is damaged by another, the Subcontractor who caused the damage will be responsible for any repair or replacement costs. The work may not be delayed by disputes regarding cost responsibility for damaged work. Should a dispute arise regarding cost responsibility, repair or replacement must be tracked according to the requirements for Disputed Work (see Section 31 of Article X in the Master Contract). The burden of proof will be on the Subcontractor whose work was damaged. Subcontractor must protect work until accepted by the Owner.

4. Schedule

No wording contained herein shall relieve Subcontractor from the responsibility to fabricate, install, and complete work in a timely manner as required to meet the Project Construction Schedule.


Page 19 of 33 Field Operations 005.11


1. Work Hours

Normal work hours will be Monday through Friday from 7:00 AM to 4:00 PM unless otherwise notified. Adjustments may be made in accordance with actual daylight hours. The schedule on this Project will dictate an expanded work schedule for most trades. All subcontractors are expected to provide sufficient labor to maintain the schedule, avoid delays to other trades, and perform out of sequence work requested by Construction Manager. Major building stocking operations shall be conducted during off-hours on a pre-determined schedule.

2. Job Meetings

Meetings will be held at the jobsite office on a determined day and time and as required by the Project Superintendent with all subcontractor foremen on the job or scheduled to be on the job.

3. Daily Manpower

Subcontractor must submit a Subcontractor Daily Report to the Construction Manager’s Superintendent no later than 9:00 AM of the following workday. Daily Report information must include number of workers, major equipment, material received, and a brief description of the work being performed on that day. The form must be dated and signed by Subcontractor’s Field Supervisor.

4. Subcontractor’s Field Supervision

Subcontractor must provide an English-speaking Supervisor on site who has the authority to control all aspects of Subcontractor’s work. Supervisor shall have the authority to receive and act upon directions given to Subcontractor by Construction Manager. Supervisor will have authority to control all aspects of Subcontractor’s work, including crew size, scheduling, trouble-shooting, quality assurance, coordination with Construction Manager and other trades, and punch list. The Supervisor must be available by mobile phone during working hours and provide a 24-hour emergency number.

Subcontractor must provide their field personnel with adequate drawings, specifications, and instruction as required to undertake and complete the work in an efficient and timely manner. Subcontractor’s personnel who arrive at the jobsite without adequate information and instructions may be sent back and Subcontractor will be responsible for the cost of any delays incurred per the terms and conditions of the Contract. Subcontractor shall be fully responsible for the acts or failures to act, and omissions of the Subcontractor’s own employees, sub-subcontractors, and vendors.

5. Field Communications

Unless other methods are implemented, field copies of drawings, field memorandums, and miscellaneous field instructions will be distributed to Subcontractors via a “pick up” mail routing box in Construction Manager’s jobsite office. Subcontractor’s field personnel will be required to check the mail routing box at least once each day (before 9:00 AM) while working on the site. Responsibility for communications given to Subcontractor’s Field Supervisor will be the same as if given to Subcontractor’s office. Copies will be distributed




via regular mail or fax to Subcontractor’s offices in cases when Subcontractor is not mobilized on site.

6. Material Storage and Field Offices

All deliveries of materials to the jobsite for storage are to be cleared with Project Superintendent with respect to date, time of unloading, and storage area location. All deliveries will be scheduled at least 24 hours in advance. Subcontractor is responsible for receipt and unloading of all materials delivered. Subcontractor will be responsible for all costs if Construction Manager must unload materials. Construction Manager may reject a delivery for which Construction manager has not made unloading provisions. Any delays or costs due to Subcontractor’s lack of preparedness will be Subcontractor’s responsibility.

Insofar as space will permit, and only after Construction Manager review and approval, Construction Manager will cooperate with Subcontractors in assigning areas for material storage and field offices. During the course of construction, however, it may become necessary to relocate the storage areas or field offices if conditions warrant. In these cases, Subcontractor shall, at no additional cost, remove materials, clean all debris and vacate the area promptly.

7. Instructions

Subcontractor shall not consult directly with the Owner, Architect, or Consultants without specific permission from Construction Manager. No verbal instruction given to Subcontractor by the Owner, Architect, or Consultants will be honored by Construction Manager.

8. Traffic Control

Subcontractor must provide any flagmen, barricades, etc., that may be required for pedestrian or vehicular traffic control related to delivery, unloading and stocking of Subcontractor’s material or equipment on this Project.

All vehicles, company-owned or personal, which enter the Project must be coordinated with Construction Manager’s Superintendent. Access to the jobsite will be described and on traffic control maps provided by Construction Manager.

If Subcontractor does not provide adequate traffic control as determined by Construction Manager, Construction Manager may provide traffic control without prior notice. Subcontractor shall be responsible for Construction Manager’s direct costs plus mark-up.

9. Permits, Licenses, Inspections, and Testing

Subcontractor must obtain and pay for all permits and licenses required for work except the main building permit.

The costs of all third-party testing and inspection will be paid for by others. Subcontractor must fully cooperate with the Inspection Agency and provide in-place ladders and scaffolds as required for safe inspection. Subcontractor shall allow the Testing Agency adequate time and notice to inspect all completed work. Subcontractor shall be responsible for any additional testing and inspection costs due to failure to maintain adequate progress in their work or necessitated by their failure to pass initial test or inspection. This requirement does not apply to Air Test & Balance tests.




Mechanical, Electrical, and Plumbing Subcontractors shall secure and pay for all required special permits and licenses, and shall give notices, coordinate and pay for all inspections necessary to comply with all the applicable laws, ordinances, rules and regulations and other requirements of public authorities and agencies having jurisdiction over the work.

10. Radios

No AM/FM radios, CD Players, I-pods, etc. are allowed on site. Any radio, CD Player, I-pod, etc. will be confiscated and discarded by Project Superintendent.

11. DRINKING WATER AND ICE

Subcontractor is responsible for providing drinking water, ice and waste cans for their personnel.

12. Worker Parking Facilities

Subcontractor parking will be provided in the locations designated by Construction Manager. Subcontractor shall be responsible for the conduct of their employees at all times while on site and will ensure that they park only in the designated area. Construction Manager will not be liable for any loss or damage of Subcontractor’s employees’ property.

13. Project Signs and Photographs

Identification signboards and notices for safety or instruction are permitted on site only after approval of the Project Superintendent for format, location and quantity. No signage is permitted on street or frontage road.

No photography shall be used on-site without Construction Manager’s and Owner’s approval. This includes aerial photos.

14. Graffiti

Graffiti will not be tolerated. Any person found placing graffiti on any portion of the Work or materials, equipment, portable toilets, etc., shall be promptly removed from the Project. Furthermore, Construction Manager will charge Subcontractor the costs of graffiti removal.

15. Construction Manager Field Office

Construction Manager’s field office, storage container, and the equipment and supplies contained therein are for the sole use of Construction Manager’s employees.

16. Behavior

Subcontractor’s field personnel will be expected to treat all other field workers, management, and visitors with respect and courtesy. Individuals exhibiting behavior less that the expectation of a working professional will be asked to leave immediately.

17. Temporary Facilities

Portable toilets will be provided for Subcontractors use. Permanent toilets constructed in the buildings may not be used by anyone.

18. Storm Water Prevention Plan

Subcontractor shall comply with Construction Manager’s Storm Water Pollution Prevention Plan for the duration of the Project. See Section 005.16 SWPPP Protocol.


Page 22 of 33 Coordination with Other Trades 005.12


1. Coordination

Subcontractor will visit the jobsite prior to commencement of the work and be thoroughly familiar with the working conditions and the exact nature and extent of the work to be done, taking into account any special or unusual features specific to this job.

Subcontractor is responsible to coordinate work with that of other trades to prevent interference between their work and other Subcontractors’ work and ensure compatibility of all on-site processes and installations. Construction Manager will, at its discretion, provide shop drawings or data submitted by other trades for Subcontractor’s information and coordination. As the expert in the trade, however, Subcontractor is responsible for advising Construction Manager as to the information Subcontractor will require from other trades for the proper coordination and installation of work.

2. Sleeves, Cut-Outs, Embedments

Within thirty (30) days of the date of the contract, or earlier if required by the Project Construction Schedule, Subcontractor must submit a detailed listing (or drawings if requested) of all locations for sleeves, cut-outs, or embedment items related to the structure for coordination with other trades and structural and architectural requirements.

Sleeves for penetrations through beams, walls, foundations, and slabs shall be furnished and installed by Subcontractor so as not to delay or impede the work of other trades. Subcontractor must adequately secure such sleeves and verify their correct location immediately prior to, during, and after concrete placement. Locations must be coordinated with Construction Manager and approved by the Structural Engineer.

3. Cutting and Fitting

Subcontractor shall perform all cutting and fitting for the installation for their work and cutting and fitting of work to accommodate the work of other trades within Subcontractor’s work as noted by the Contract Documents.

4. Cutting and Patching

Subcontractor shall perform all cutting and patching under jurisdiction of their trade. Additionally, if cutting and patching is required due to failure in Subcontractor’s work performance, Subcontractor will be responsible for additional cutting and patching at their expense.

5. Layout

Subcontractor shall be responsible for their own layout, including layout of housekeeping pads required for their equipment, from control lines provided by Construction Manager. This layout is required immediately after a concrete slab is ready. If these are not laid out at that time, Subcontractor shall form and place his own pads.


Page 23 of 33 Coordination with Other Trades 005.12


6. Ceiling Heights

Ceiling heights and designated walkways in the Project are crucial and must be maintained. Subcontractor shall lay out and be responsible for installation of the work in such manner that the distance from the floor to ceiling called for in the architectural drawings will be maintained. Notify Construction Manager immediately of any conflict in construction requirements.

7. Access Panels

Unless otherwise directed, Subcontractor must furnish access panels as required for Subcontractor’s work for installation by others. Access panels in architectural sheetrock areas, such as ceilings and soffits, must be of the highest quality, made to receive sheetrock as flush mounted and tape-able. Access panels in tiled walls must be stainless or bronze as selected by the Architect.

Locate and dimension all access panels on Subcontractor’s shop drawings including those required by contract documents, applicable codes and for reasonable operation and maintenance of the system. Coordinate access panel locations including field identification and verification with other subcontractors who must frame or blockout their work to receive access panels (i.e. drywall, CMU, concrete formwork, etc.)

8. Caulking and Sealant

Unless otherwise directed, Subcontractor is responsible for all acoustical, architectural, fire and smoke, and weatherproof caulking and sealant within and adjacent to their work. Subcontractor shall take care so as not to leave unacceptable surface for other trades such as painting, escutcheons, electrical trim, etc.

9. Fireproofing and Fire Insulation

All hangers and other items that are attached to the structural steel or metal deck must be in place before the fireproofing or fire insulation is installed. If fireproofing or fire insulation is existing, Subcontractor shall remove only the amount of material required to properly attach their work to the building structure. Subcontractor must provide all clean-up associated with removal and replacement of fireproofing or fire insulation. Replacement of fireproofing or fire insulation materials removed or damaged will be the responsibility of Subcontractor.

10. Supports

Subcontractor must furnish and install all inserts, hangers, threaded rod, wires and braces (including seismic) for their work.

11. Backing and Blocking

Subcontractor shall provide information to Construction Manager for all backing, blocking, or concealed framing required for their work that is not called out for Subcontractor installation.


Page 24 of 33 Debris and Cleanup 005.13


1. Subcontractor shall perform clean-up and removal of construction debris on a daily basis so as not to impede the progress of the work or of other trades. Deposit all debris into jobsite dumpsters as designated by Construction Manager.

2. Subcontractor shall provide clean-up and removal of all debris generated by their employees, sub-subcontractors, suppliers, or representatives. Debris includes, but is not limited to, water cups, food, containers, wrappers, lunch trash, scrap, excess materials, boxes, crating, and packing materials. Construction Manager will not provide general clean-up services for the entire Project.

3. Food may not be consumed on floors where finishes have begun. Food trash should always be properly disposed regardless of location on the jobsite. Workers who are unable to comply with this condition shall be promptly removed from the Project.

4. Subcontractor shall employ adequate personnel whose sole responsibility is the performance of clean-up as described herein.

5. Construction Manager shall be responsible for removal of debris from the dumpsters.

6. If Subcontractor fails to comply with these requirements, Construction Manager shall perform the necessary clean-up and deduct the cost of such work from the monies due or to become due to Subcontractor. Trash will be identified by the predominant material in the pile or area and the associated Subcontractor will be charged for the removal.

7. The costs for unidentifiable trash removed by Construction Manager will be deducted from Subcontractor’s subcontract amount on a prorated basis determined by manpower on the project on a percentage of the total manpower. Joint crew clean-up methods will be required in order to avoid back-charges.

8. Flammable materials shall not be disposed of in onsite dumpsters/containers. These materials must be removed daily from the site and disposed of properly.

005.14 Record Drawings and O&M Manuals

Page 25 of 33 Record Drawings and O&M Manuals 005.14


1. Subcontractor must maintain a complete set of up-to-date record drawings on site at all times during the entire course of the Project. These drawings must be prepared at the same scale as the contract documents unless noted otherwise in Subcontractor’s specification section. Construction Manager reserves the right to review Subcontractor’s record drawings monthly and withhold an appropriate value for the subcontract requisition if the record drawings are not up to date.

2. Maintenance manuals must be submitted in accordance with the format outlined in the specification requirements. Additionally, include an index of all keys that must be turned over to the Owner. Keys must be properly labeled and turned over with the final submission of the maintenance manuals.

3. Retainage will not be released until all closeout documents are transmitted to Construction Manager.


Page 26 of 33 Requests for Information 005.15


Construction Manager has established a system through which requests for information can be handled in a simple, efficient manner.

1. An RFI form should be filled out and transmitted to Construction Manager. Most RFIs will require the Architect’s review and response. If the response time is particularly critical, note the required response time. Otherwise, Construction Manager will establish the required response time.

2. Any verbal direction received by Subcontractor’s field forces from Inspectors should be confirmed in writing through the RFI process. Action on verbal direction is at Subcontractor’s own risk.

3. Remember to reference drawing number, coordinates (column lines), specification section, room number, etc. to facilitate resolution. Construction Manager’s Project Manager will fill in the Construction Manager’s RFI number and submission date.


Page 27 of 33 SWPPP Protocol 005.16


Congress has recognized that contaminated storm water adversely affects water quality. In 1987, the Clean Water Act was amended to require the EPA to address storm water runoff. The EPA has delegated responsibilities for storm water discharges associated with construction and industrial sites to state agencies such as the states’ Departments of Environmental Quality. Federal and state laws and regulations prohibit and/or regulate the discharge of pollutants from point sources and require contractors to obtain Permits, conduct inspections and monitor the site for actual and potential points of discharge. This includes “ground disturbing” construction activities, as well as activities that involve paints, chemicals and other hazardous materials. Nabholz Construction will oversee the Project’s Storm Water Pollution Prevention Plan (SWPPP), including obtaining required Permits; however, if awarded Work for the Project, Bidder shall be responsible for complying with the Permit(s), Notice of Intent (NOI), the Project’s Storm Water Pollution Prevent Plan (SWP3), and Best Management Practices (BMPs). Bidder’s compliance is required to avoid or eliminate actual or potential adverse effects upon the environment that could arise or result from Bidder’s Work. Upon award, Bidder agrees to be thoroughly familiar with the NOI, the Permit, the SWP3, and BMPs for the Project and assumes responsibility for complying with these documents with respect to any and all construction activities performed by Bidder and those for whom Bidder is responsible. By executing Subcontract or Purchase Order, Bidder agrees to the following certification and agrees to its incorporation into the Contract Documents: Subcontractor/Vendor/Supplier certifies that they understand the terms and conditions of all federal, state and local requirements that authorize storm water discharges associated with construction activity from the construction site location identified in Contract Documents. Subcontractor/Vendor/Supplier has read and understands the Owner/Operators Notice of Intent and the eligibility requirements for coverage under the general permit for storm water discharges from construction activities, including those requirements published in the SWP3 and BMP described pertaining to the project location identified in the Contract Documents. Subcontractor/Vendor/Supplier agrees that they are responsible for installing and/or maintaining the appropriate pollution prevention measures that they are responsible for according to the agreement they have with the Permittee. Subcontractor/Vendor/Supplier also agrees that continued coverage under this permit is contingent upon maintaining eligibility as provided for in the Permit.

Subcontractor is responsible for the protection of the SWPPP devices in place. If Subcontractor is required to move a SWPPP device in order to complete work, Subcontractor must replace that device as installed. Coordinate removal and replacement of SWPPP device with Project Superintendent.


Page 28 of 33 Virtual Design Construction Protocol 005.17


Subcontractor’s VDC Scope of Work and Spatial Coordination Requirements

1. Subcontractor shall agree to provide Nabholz Construction Services an electronic ‘Three Dimensional (3D)’ model (such models are functionally referred to herein as ‘BIM’ – Building Information Models). The models provided will be used to facilitate coordination, sequencing and/or production of as-built depictions of the project. The Subcontractor’s costs of such participation are included in the lump sum bid unless explicitly outlined herein.

2. The BIM provided by Subcontractor shall be of sufficient detail (refer to Appendix A for details) to enable complete clash detection and shall be submitted to Nabholz Construction Services at a point in time that is reasonably in advance of Subcontractor’s shop drawing submittals and the subsequent on site construction of Subcontractor’s work. Each trade is required to submit 6 copies of their respective, coordinated systems in a 2D format as required by their contract, for approval through the regular approval process.

3. Nabholz Construction Services will make available their project BIM website that will allow all parties to upload and download their respective “in progress shop models”, manage electronic drawing files or models, and other documents used in the coordination process.

4. Subcontractor shall attend kick-off meeting and participate in review and finalization of a project specific BIM Execution plan which will be signed by all participating parties.

5. Subcontractor shall participate in BIM coordination and review meetings as Nabholz Construction Services may require (usually once a week or 48 hours after the submissions of the BIM). As a result of such meetings, both the 2D (traditional method) and 3D (BIM) may be required to be changed by Subcontractor to achieve coordination with other elements of the Project being provided by others. The anticipated duration of Spatial Coordination is 2 weeks.

6. Subcontractor agrees to promptly update and post changes to the BIM originating from RFI’s, Submittals, and Bulletins throughout the course of the Project so that the BIM at the conclusion of the Project accurately depicts the work as actually performed and installed. Such changes shall be accomplished at no increase in the price or time of completion.

7. All Subcontractors participating in the BIM must use the following file naming convention for their BIM/CAD files to track the version and date by each trade.

NCS Job #_Trade/Subcontractor Phase/Location

8. Subcontractors are responsible for providing a true 3-Dimensional solid or surface model (not line and wireframe model) that represents the actual dimensions of the trade system elements and the equipment that will be installed. Individual pieces of equipment shall be modeled as a single complete element rather than connected lines and surfaces.




9. Subcontractor’s drawing and model files shall be based on an origin point provided by Nabholz Construction Services. The cost of any changes required by Subcontractor to its drawings or models due to the use of an unauthorized origin shall be borne by Subcontractor.

10. All files supplied by Nabholz Construction Services will be as Autodesk .dwg, .nwc, .nwd or .rvt file format or other file format as necessary and agreed to by Nabholz Construction Services.

11. See the following Spatial Coordination Requirements for Building Information Modeling.

Spatial Coordination Requirements for Building Information Modeling

1. Major Components

HVAC Duct and Piping

The HVAC and Piping Subcontractor will generate and provide in a timely manner BIMs of the HVAC Systems including, but not limited to, duct work, piping, and all equipment installed in the HVAC scope of work (fans, air handling units, built-up air handling units, pumps, tanks, valves, controls, heat exchangers, smoke and fire dampers, valves (including valve stems and handles), gauges and control valves, insulation on piping and ductwork, hangers and seismic bracing (if applicable), diffusers, registers, louvers, grilles, high and low point drains, starters, etc.). The HVAC and Piping Subcontractor shall also include in the BIMs all Owner or GC provided equipment that is installed under this contract, concrete equipment pads, and inertia pads, and accessibility requirements for above listed items for code and maintenance purposes. The HVAC and Piping Subcontractor shall label the BIMs elements for all equipment under this contract as indicated in the Contract Documents.




Plumbing

The Plumbing Subcontractor will generate and provide in a timely manner BIMs of the Plumbing Systems including, but not limited to, all piping systems and equipment installed in the Plumbing scope of work (domestic water, chilled water, steam, storm and roof leaders, pumps, tanks, water heaters, in-wall carriers, in-wall plumbing equipment, valves, gauges and control valves, insulation on piping, hangers and seismic bracing (if applicable), clean-outs, etc.). The Plumbing Subcontractor shall also include in the BIMs all Owner or GC provided equipment that is installed under this contract, concrete equipment pads, inertia pads, and accessibility requirements for above listed items for code and maintenance purposes. The Plumbing Subcontractor shall label the BIMs elements for all equipment under this contract as indicated in the Contract Documents.

Fire Protection Piping

The Fire Suppression System Subcontractor will generate in a timely manner BIMs of the Fire Suppression Systems including, but not limited to, all risers, main and branch piping, heads, pumps, controllers, ATS, and equipment installed in the Fire Suppression System scope of work (pre-action system, dry system, and main fire suppression systems, hangers and seismic bracing (if applicable), valve assemblies, drain valves, Fire Department valves, etc.) The Fire Suppression System Subcontractor shall also include in the BIMs concrete equipment pads, inertia pads, and access doors. The Fire Suppression System Subcontractor shall identify, under separate model element or drawing layer, access doors and accessibility requirements for above listed items for code and maintenance purposes. The Fire Protection Subcontractor shall label the BIMs elements for all equipment under this contract as indicated in the Contract Documents.

Electrical

The Electrical Subcontractor, Low Voltage Subcontractor, Audio-Video Subcontractor, and Scoreboard-Ribbon Board Subcontractor will generate in a timely manner BIMs of their respective electrical systems and/or devices including, but not limited to, all conduit systems, and equipment installed in their respective scopes of work (individual conduits over 2”, racks carrying more than 4 conduits 1” and smaller, panels, transformers, switch/paralleling gear, ATS’s, generators, cable tray, data racks, starters, VFD’s, cast-in-place floor boxes, hangers and seismic bracing (if applicable), etc. for normal, emergency and isolated power systems or applicable specialty systems). Subcontractor shall also include in the BIMs equipment pads, inertia pads, light fixtures, exit signs, fire alarm components and devices, speakers, A/V equipment and devices, scoreboards, ribbon boards (and related devices), recessed electrical devices and access doors. Subcontractor shall identify under model element, or separate drawing layer access doors and accessibility requirements for above listed items for code and maintenance purposes. Electrical Subcontractor shall label the BIMs elements for all equipment under this contract as indicated in the Contract Documents.




Structural

The Structural Steel Provider will generate and provide in a timely manner a BIMs of their structural scope of work in addition to their contractually required 2-Dimensional documentation. The BIMs will represent an “as fabricated” fully detailed level of information. The fabrication-level detailed model shall include, but is not limited to, major structural members such as trusses, beams, columns, etc., as well as secondary and miscellaneous steel connections including gusset plates, bracing, angles, knife plates, etc. necessary for the successful coordination of other building trades. These models shall be updated and maintained to reflect changes in the work as a result of coordination or design changes and shall be delivered at the end of the project as an “as built” record model of the structural steel system in its entirety.

2. Minimum Hardware Requirements

TBD

3. Minimum Software Requirements

TBD

4. Structural / Architectural Features Required for Coordination

Spatially accurate and dimensionally scalable building elements including but not limited to soffits, fixture locations, ceiling/floor tile locations, ADA clearances, interior wall framing, moment-frame side plates, cross bracing, gusset plates, beam stiffeners, miscellaneous steel framing, and other similar entities within the modeling space requiring coordination with the MEP trades.

5. Fully Annotated Installation Drawings

Fully annotated installation drawings shall include all text, dimensions, and annotations required for physical location of all elements shown on the drawings in the physical space at the time of their installation.

005.18 Nothing Hits The Floor

Page 32 of 33 Nothing Hits The Floor 005.18


Nothing Hits The Floor Initiative: To initiate a program to improve productivity, reduce waste and construction debris, improve housekeeping, and increase worker safety on the project. The initiative is intended to minimize on-site waste and debris. Subcontractor agrees to actively participate in the program, which includes but is not limited to the following:

1. All materials brought into the building shall be loaded on carts or dollies to allow easy movement and organization within the work areas.

2. Work activities shall be carried out to minimize eliminate off-cuts, debris, excess materials, etc. from hitting the floor.

3. All work areas shall be kept clean and organized, and shall be broom swept, with no materials left on the floor.

4. All materials are to be neatly stored and organized and work areas kept free of waste, debris, surplus equipment and surplus materials.

5. Subcontractor shall participate, as needed, at Contractor’s direction, in a “project wide cleanup effort” to maintain housekeeping of common areas.

6. Just-in-time material deliveries are encouraged.

7. Material and Installed Work

Subcontractor shall be responsible for protection of material, equipment, and installed work.

a. Subcontractor shall protect and secure material, tools and equipment against loss by storm or theft. Construction Manager will not accept any claim for alleged storm damage or theft of material or equipment from the jobsite.

b. Subcontractor shall be responsible for furnishing, installing, and maintaining protection measures for materials and installed work until final installation and acceptance by the Owner. Any loss due to theft or breakage prior to final installation and acceptance by Owner shall be replaced by Subcontractor at no additional cost to Construction Manager.

c. Construction Manager will not accept responsibility for the care, custody, and control of material between the time of installation by the Subcontractor and acceptance by the Owner.

8. Repair or Replacement of Installed Work

At no additional cost, Subcontractor shall touch-up, repair, replace, repaint, or rehabilitate work as required to bring work to an acceptable condition per the Contract Documents at the time the work is to be turned over and accepted by the Owner.

a. Subcontractor responsibility as noted above will be in effect until both of the following conditions are met.

1) Certificate of Substantial Completion for the project has been issued by the Architect

005.18 Nothing Hits The Floor

Page 33 of 33 Nothing Hits The Floor 005.18


2) The Owner accepts the work and takes over the building for beneficial use

b. Construction Manager will not accept any claim for repair or replacement of Subcontractor’s material or installed work due to vandalism, malicious mischief, normal construction traffic, theft, etc. All such repairs or replacements are to be either handled by Subcontractor directly at Subcontractor’s cost or covered by Subcontractor’s insurance.

9. Damage by Another Subcontractor

If Subcontractor’s work is damaged by another, the Subcontractor who caused the damage will be responsible for any repair or replacement costs. The work may not be delayed by disputes regarding cost responsibility for damaged work. Should a dispute arise regarding cost responsibility, repair or replacement must be tracked according to the requirements for Disputed Work (see Section 31 of Article X in the Master Contract). The burden of proof will be on the Subcontractor whose work was damaged. Subcontractor must protect work until accepted by the Owner.

10. Schedule

No wording contained herein shall relieve Subcontractor from the responsibility to fabricate, install, and complete work in a timely manner as required to meet the Project Construction Schedule.

Section 006 Contract Samples

006.01 Master Contract Agreement 006.02 Sample Missouri Project Contract 006.03 Sample Insurance Certificate 006.04 Sample RFI Document 006.05 Performance and Payment Bond Forms 006.06 Sample Nabholz Purchase Order 006.07 CCIP or OCIP to be issued via

Addendum

11/14/2013

Subcontractor

Gentlemen:

Effective February 1, 2013, the Nabholz Companies began using an updated form of the Master Contract.

The revised form of the Master Contract is attached. This form is being provided for any project you

perform with Nabholz beginning after February 1, 2013.

If you have worked with Nabholz before, this new form will replace the Master Contract now on file, but

will apply to projects begun after February 1, 2013. Any subcontract in process as of January 31, 2013 will

be governed by the previous Master Contract form.

The Master Contract, along with either a state-specific Project Contract or a Work Order, will constitute a

subcontract agreement between Nabholz and your firm. State-specific Project Contracts will be used

primarily for projects with plans and specifications prepared by a design professional. Work Orders may

be used when scope is defined in the document and is $10,000 or less.

The Master Contract, once signed and returned, will be used on various projects over a multi-year period,

saving both you and Nabholz time and effort. Since all the standard language is agreed to in the Master

Contract, it does not have to be addressed for each project. Instead, you will receive either a state-specific

Project Contract or Work Order addressing the specific requirements of each project, and the Master

Contract will govern all the general terms and conditions for each project. Executed Master Contracts are

effective for projects performed for all Nabholz offices and service groups.

Executing this new Master Contract will not affect projects already completed or currently under

subcontract with Nabholz. The revised Master Contract enclosed only applies to future projects.

After review of the revised Master Contract form, please have a company officer sign both copies

and return them to us for our signature, along with your insurance certificate in the amounts

specified in the contract. We will sign a copy and return it to you for your files.

Thank you for your continued service and good relationship with Nabholz. You are a valuable part of the

Nabholz team. Please contact Steve Clouten or Greg Fogle, if you have any questions about Nabholz’

subcontracting system. Sincerely,

Nabholz Construction Services

kyle.lentz

Image

02/20/2013 Page 1 of 18

Master Contract Between


And

SUBCONTRACTOR

_____________________________________________________________

AGREEMENT made as of the (11/14/2013 "Contract Date")

BETWEEN Nabholz Construction Corporation

and SUBCONTRACTOR

Click here to enter text.

Phone: Click here to enter text.

Fax: Click here to enter text.

________________________________________________________________________

THIS CONTRACT by and between SUBCONTRACTOR, hereinafter called the Subcontractor and

Nabholz Construction Corporation, hereinafter called the Contractor, agree as follows:

ARTICLE I. Contract Documents.

This Contract shall govern the rights of the parties hereto and shall be supplemented by executing a

separate project contract for each project (hereafter defined as “Project Contract” and collectively as

“Contract” or “this Subcontract”). This Contract is not a guarantee that Subcontractor will receive future

work from Contractor. This Contract and each project contract or work order for a particular project shall

together be considered one contract for the particular project separate, apart, and independent of any project

contract for another project. Subcontractor agrees to furnish all material and perform all work as described

on each project contract referred to in Article II hereof during the term of, and in accordance with, this

Contract and any contract between an owner or owners (the "Owner") and Contractor for the particular

project Subcontractor is engaged to perform, all of which documents signed by the parties thereto or

identified by the Architect or Owner's authorized agent, form a part of the contract between the Contractor

and the Owner and are hereby made a part of this Contract, and referred to as the Contract Documents,

which shall be made available to Subcontractor upon request before and at anytime after signing this

Contract. In the event of a conflict between this Contract and the Contract Documents, this Contract shall

govern.

02/20/2013 Page 2 of 18

ARTICLE II. Contract Work.

1. Subcontractor and Contractor agree that the materials, including equipment (hereinafter “materials”),

and the labor to be furnished and work to be done by Subcontractor (hereinafter "Work") will be set forth

on a project contract ("Project Contract") supplementing the terms of this Contract for each project

Subcontractor is engaged to perform. The term "Project Contract" shall mean the Project Contract signed

by the Contractor and the Subcontractor for each project Subcontractor is engaged by Contractor to

perform. Any terms of this Contract modified or supplemented by a Project Contract shall apply only to

the project described in the Project Contract.

2. Any terms, conditions, exclusions or qualifications contained in proposals, quotations, bid documents,

or any other documents prepared by the Subcontractor are null and void, unless repeated in the related

Project Contract or incorporated by a written reference in the related Project Contract signed by Contractor.

3. If Subcontractor performs work without a written project contract, work order, exclusive use contract or

other document, or performs work based on a proposal or bid, the provisions of this Contract will apply.

ARTICLE III. Commencement and Time.

1. Commencement. The Date of Commencement is the effective date of each Project Contract, unless

otherwise set forth in the Project Contract.

2. Term. The Term of this Contract shall continue in force indefinitely and as long as a Project Contract

exists. Termination of this Contract shall not relieve any party of the obligations hereunder for past

performance nor the obligations of any then existing Project Contract.

3. Schedule. In consultation with the Subcontractor, the Contractor shall prepare the schedule for

performance of the Project Contract (hereinafter called the “Schedule of Work”) and shall revise and

update such schedule as necessary as the Work progresses. Both the Contractor and the Subcontractor shall

be bound by the Schedule of Work. The Schedule of Work and all subsequent changes and additional

details thereto 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 timely and orderly conduct of the Work. If, in the sole judgement of the Contractor, the Work should

fall behind schedule, Subcontractor will work overtime, weekends, bring in additional personnel, or provide

any other measures necessary to comply with the Schedule. If the Schedule of Work falls behind as a result

of Subcontractor’s act or failure to act, Subcontractor will take such actions without additional expense to

Contractor.

4. Supervision and Control. The Subcontractor shall use its best care, skill, and diligence in supervising

and directing the Work. The Subcontractor shall have responsibility and control over the performance of

the Work, including the construction methods, techniques, manner, and sequences for coordinating and

completing the various portions of the Work, unless the Project Contract gives other specific instructions

concerning these matters.

(a) Subcontractor shall verify its employees’ authorization to work in the United States,

assure proper completion of I-9 documentation, and require all its sub-subcontractors to complete

such verification for their employees. Subcontractor represents that all Work performed under this

Contract shall be performed in compliance with all regulations of the Social Security

Administration, Department of Homeland Security, United States Citizenship and Immigration

Services, or other federal or state agency with jurisdiction, and state and local laws and regulations

applicable to Subcontractor’s Work. Contractor reserves the right to inspect, and Subcontractor

agrees to properly maintain, Subcontractor’s documentation and verification of all employees’

legal status at any time. Subcontractor agrees to indemnify, hold harmless and defend Contractor

and Owner from any losses, claims, damages, fines, penalties, expenses, including reasonable

attorney fees, arising or resulting from Subcontractor’s failure to comply with this section.

Subcontractor acknowledges its obligation on publicly funded projects in certain states to provide

written certification of Subcontractor’s compliance with applicable local, state, and federal laws.

Subcontractor shall employ due diligence to assure it complies with all applicable laws and

regulations.

02/20/2013 Page 3 of 18

(b) Subcontractor shall not employ any sub-subcontractor, of any tier, if Subcontractor knows or

has reason to believe such sub-subcontractor employs individuals not properly authorized to work.

Subcontractor understands and agrees that, in the event Subcontractor provides or permits

provision of (directly or indirectly) labor, services or materials to the Project by unauthorized

workers, Subcontractor will be removed from the Project site, and Subcontractor may be deemed

in default of this Agreement on the Project at issue as well as any other project.

(c) In the event of a government inspection or audit, Subcontractor shall provide original I-9

forms for all employees within 72 hours of Contractor’s written request.

5. Use of Contractor’s Equipment. The Subcontractor, its agents, employees, sub-subcontractors, or

suppliers shall use Contractor's equipment only with the express written permission of Contractor's

designated representative and in accordance with Contractor's and Contractor’s affiliates terms and

conditions for such use.

6. Substantial Completion. The Work shall be substantially completed in accordance with the Project

Contract and in accordance with the Schedule of Work to meet any deadlines imposed by the Contract

Documents.

7. Time is of the Essence. Time is of the essence for both parties, and they mutually agree to see to the

performance of the portion of the Work and the work of their subcontractors and suppliers so that the entire

Project may be completed in accordance with the Contract Documents and the Schedule of Work.

ARTICLE IV. Payment.

1. Contract Amount. The Contractor agrees to pay the Subcontractor for the performance of the Work the

sum specified in the Project Contract, subject to additions and deductions for changes as may be agreed

upon, in writing, and to make monthly payments on account of Work completed thereof in accordance with

and subject to Article X. Contractor will not be responsible for any payments for costs or expenses

incurred by Subcontractor for which payment was sought by the Subcontractor directly from the Owner.

Subcontractor agrees that monies received pursuant to this Subcontract shall first be applied to pay for

labor and materials for this Project and, until all such obligations are satisfied, shall not be diverted to

satisfy obligations of Subcontractor on other contracts or other projects, or for any other purpose.

2. Payment Requests. Monthly payment requests must be submitted on the day of month specified in the

Project Contract, along with Subcontractor’s Application and Certificate for Payment (“Payment Request”).

Each Payment Request shall be accompanied by: (1) a partial waiver of lien executed by the Subcontractor

covering the entire amount of the payment requested by the relevant Payment Request, conditioned only

upon payment of the amount requested in the subject Request; (2) if requested by Contractor, unconditional

partial waivers of lien, executed by Subcontractor and each Sub-subcontractor (or supplier, as requested by

Contractor) performing work or furnishing supplies or materials for the Project, which partial waiver of lien

shall be equal to the amount of all payments made by the Contractor to Subcontractor in all preceding

Payment Requests; and (3) if requested by Contractor, conditional partial waivers of lien, executed by each

Sub-subcontractor or supplier for the amounts requested on the relevant Payment Request. The

Subcontractor shall require that each Payment Request submitted by each Sub-subcontractor or supplier be

notarized and accompanied by such substantiating data as Contractor may require. The Contractor may

require Subcontractor to provide copies of invoices, requisitions and other information relating to the Work

of Sub-subcontractors or suppliers to the extent necessary to assure that payments being made for such

Work are appropriate and in conformance with the Schedule of Values or Contract Sum applicable to the

respective Sub-subcontractor.

a) Based upon Subcontractor's observations and evaluations of each Sub-Subcontractor's application

for payment, Subcontractor shall review and certify the amounts due the respective Sub-subcontractors or

suppliers. The Subcontractor shall prepare a Project Payment Request based on the Sub-subcontractor's

Applications for Payment and suppliers. The Subcontractor's Payment Request shall constitute a

representation to Contractor that the Work has progressed to the point indicated and that the quality of the

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Work is in accordance with the Contract Documents, and that each Sub-subcontractor or supplier is entitled

to payment in the amount certified therein.

b) Each Payment Request submitted by the Subcontractor to Contractor shall itemize and identify the

amounts within each application which the Subcontractor intends to pay each sub-subcontractor,

materialman or supplier for work performed on the Project up to the date of each application, and shall set

forth the amount of the contract balance with each such Sub-subcontractor, materialman or supplier which

will still be unpaid after payment of the amounts so itemized. The Subcontractor hereby agrees and is

required to make payment, not later than ten (10) days after receipt of payment from Contractor, to each

Sub-subcontractor, materialman or supplier of all amounts identified in each application for payment as

intended for said Sub-subcontractor, materialman or supplier. Each Payment Request shall be accompanied

by lien waivers as described in this Article.

3. Certification. Subcontractor shall submit Payment Requests certifying:

a) the Work performed and the materials stored on the site represent the actual value under the terms of

this Contract (including all authorized change orders thereto) between the Subcontractor and the

Contractor through the date of the payment requests and not beyond this date;

b) payments, less applicable retention, have been made through the period covered by previous

payments received from the Contractor, to all subcontractors and sub-subcontractors and any providers

or suppliers of all materials and labor used in or furnished in connection with the performance of this

Contract.

c) the Subcontractor has complied with all collective bargaining agreements and all Federal, State, and

local tax laws, including Social Security laws and Unemployment Compensation laws insofar as

applicable to the performance of this Contract, and if applicable, that all union pension, health and

welfare benefits to any union employees have been paid in full; and

d) in consideration of the payments received and upon receipt of the amount of the Payment Request,

the Subcontractor waives, releases, and discharges Contractor and Owner from any and all claims,

demands, liens, and/or causes of action of any kind relating to payment, that the subcontractor may

have upon or against the premises, Nabholz, or Owner except for claim or right of lien for contract

and/or change order work performed to the extent that payment is being retained or will subsequently

become due.

4. Standard Forms. Payment Requests are to be submitted on standard forms furnished by, or approved by,

Contractor.

5. Insolvency. It is recognized that if the Subcontractor institutes or has instituted against it a case under the

United States Code (Bankruptcy Code), such event could impair or frustrate the Subcontractor’s

performance of this Agreement. Accordingly, it is agreed that upon the occurrence of any such event,

Nabholz shall be entitled to request of Subcontractor, or its trustee or other successor, adequate assurance

of future performance. Failure to comply with such request within ten (10) days of delivery of the request

shall entitle Nabholz, in addition to any other rights and remedies provided by this Agreement or by law, to

terminate this Agreement. Pending receipt of adequate assurances of performance and actual performance

in accordance herewith, Nabholz shall be entitled to perform and furnish through itself or through others

any such labor, materials or equipment for the Work as may be necessary to maintain the progress of the

Work, and to deduct the cost thereof from any monies due or to become due to the Subcontractor under this

Agreement. In the event of such bankruptcy proceedings, this Agreement shall terminate if the

Subcontractor rejects this Agreement or if there has been a default and the Subcontractor is unable to give

adequate assurance that it will perform as provided in this Agreement or otherwise is unable to Comply

with the requirements for assuming this Agreement under the applicable provisions of the Bankruptcy

Code.

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6. Pay for all materials and labor used in or in connection with the performance of this Contract through

the period covered by previous payments received from Contractor, and furnish satisfactory evidence when

requested by Contractor, to verify compliance with the above requirements.

7. The Contractor may direct the Subcontractor to perform incidental changes in the Work that do not

involve adjustments in the Contract price or Contract time. Incidental changes shall be consistent with the

scope and intent of the Contract Documents. The Contractor shall initiate an incidental change in the Work

by issuing a written order to the Subcontractor. Such written orders shall be carried out promptly and are

binding on the parties.

8. Payment to the Subcontractor does not constitute or imply acceptance of any portion of the Work not in

accordance with the Contract Documents. Payment to the Subcontractor does not release the Subcontractor

of its continuing obligations hereunder which survive Final Payment, including but not limited to

Subcontractor’s warranty, insurance and indemnity obligations.

ARTICLE V. Final Payment.

1. Final Payment. Final payment shall be due when the Work is fully completed and performed in

accordance with this Contract and the Contract Documents. Payment shall be made in accordance with,

and subject to Articles IV X of this Contract.

2. Conditions. Before issuance of final payment, Subcontractor shall submit a complete and unconditional

waiver of liens and bills paid affidavit to Contractor certifying that all payrolls, material bills, and all

known indebtedness connected with the Work have been satisfied or will be satisfied out of the final

payment on a form provided or approved by Contractor. If Subcontractor is required to bond the Project,

Subcontractor must provide a Consent of Surety in form acceptable to Contractor before Final Payment will

be released.

ARTICLE VI. Performance or Payment Bond.

1. Bonds. Contractor reserves the right to approve performance or payment bond sureties or require other

types of performance and payment surety in lieu of or in addition to a bond as stated in each Project

Contract. Notwithstanding the provisions of Articles IV and X of this Contract concerning payment,

should Contractor believe Subcontractor has not been paying obligations of the Subcontractor timely,

Contractor, at its option, may insist upon issuing checks payable jointly to Subcontractor and suppliers of

labor or materials to Subcontractor or requiring other funds disbursement arrangements.. Receipt of, or

notice of, a lien or levy, or notice of intent to file a lien or levy, or evidence of Subcontractor’s failure to

timely pay obligations related to the Project Contract timely and in accordance with applicable terms, may

be treated as an event of default by Subcontractor.

2. Contents of Bonds. All performance and payment bonds shall incorporate this Subcontract by reference

and shall provide that the surety waives consent to all changes, modifications, and amendments to this

Subcontract. Any such changes, modifications, or amendments which decrease the Subcontract amount

shall not in any way alter the obligations contained in the performance and payment bonds except to reduce

the amount of the bonds by a corresponding amount. Any changes, amendments, or modifications which

increase the Subcontract amount shall be supported by an increase in the amount of the performance and

the payment bonds to the extent necessary to equal 100 percent of the Subcontract amount as increased.

ARTICLE VII. Job Conditions and Job Safety.

1. Regulations. Subcontractor must comply with all Federal (OSHA), State and Local safety regulations.

2. Substance Abuse Policy. It is the policy of the Contractor to provide a work environment free of

substance abuse for all workers. When requested, Subcontractor shall present to Contractor, in writing, a

copy of Subcontractor's employment policy relative to maintaining a safe environment for all

Subcontractor's employees, to protect the general public from substance abuse on or near a construction

project site. Once brought to the attention of his or her immediate supervisor, any employee jeopardizing

his or her safety or the safety of others by the use or suspected use of drugs or other substance, or otherwise

appearing unfit to perform his or her job duties, will be immediately removed from the job site.

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3. OSHA and Project Safety. Per OSHA Regulation 1926.16 ("Rules of Construction") the Subcontractor

is responsible for safety relative to the portion of the Work performed under this Contract.

4. Site Cleanup. Subcontractor shall keep the Project site and work areas clean at all times and must sweep

each work area and remove all debris prior to discontinuing work in each area. If the Subcontractor fails to

immediately commence compliance with cleanup duties within forty-eight (48) hours after written

notification from the Contractor of noncompliance, the Contractor may implement appropriate cleanup

measures without further notice and deduct the cost thereof from any amounts due or to become due the

Subcontractor under this Contract. Unless otherwise specified or required by law or regulation, all debris

will be sorted as required and deposited on the Project site at a location designated by the project

superintendent. Subcontractor shall comply with Contractor’s on-site recycling and refuse programs.

Subcontractors shall follow any Nabholz sustainability plans and programs regardless of whether the job is

certified by the U.S. Green Building Council, Green Globes, or any other building certification entity.

5. (a) Safety and Reporting. Subcontractor shall comply with all statutory and contractual safety

requirements applying to the Work and those initiated by Contractor and Owner. Mandatory eye

protection shall be required of all personnel on this project including specialty contractors, suppliers,

and 2nd tier specialty contractors and suppliers in accordance with Nabholz policy. Subcontractor

shall furnish its employees with required Personal Protective Equipment including but not limited to,

hard hats, safety glasses, respiratory protection, ear plugs, etc. Subcontractor shall report promptly to

Contractor any accident involving personal injury requiring a physician's care, any property damage, or

any failure that could have resulted in serious personal injury, whether or not such an injury was

sustained. A detailed written report shall be furnished if requested by the Contractor. At the

Contractor’s request, Subcontractor shall provide pertinent safety information including but not limited

to the Subcontractor’s experience modification rate, OSHA 300 logs, OSHA citations, and man-hours

worked.

(b) Indemnity for Safety Violations. Subcontractor shall also indemnify Contractor from any and all

expenses incurred by Contractor in defense of safety violations, or alleged violations (including but not

limited to OSHA requirements and standards) resulting from acts by Subcontractor, including but not

limited to attorneys' fees, litigation costs and overhead expenses. The Subcontractor shall indemnify

the Contractor from fines, or penalties imposed on the Contractor as a result of safety violations, but

only to the extent that such fines, or penalties are caused by the Subcontractor's failure to comply with

applicable safety requirements, and then only to the extent that such fines or penalties are determined

to be Subcontractor's responsibility based upon the particular failure of compliance cited, and not due

to prior or repeated safety violations by the Contractor.

(c) Safety Representative. The Subcontractor is required to designate an individual at each Project 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.

(d) Prevention of Accidents. Prevention of accidents at the site is the responsibility of the

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 the governmental

and quasi-governmental authorities having jurisdiction and by the Contractor and Owner, including,

but not limited to, requirements imposed by the Contract Documents. The Subcontractor shall comply

with any reasonable recommendations of Contractor’s site Superintendent, Project Manager, General

Superintendent, Safety Director, and insurance companies having an interest in the Project, and shall

stop any part of the Work which the Contractor, in Contractor’s sole discretion, deems unsafe and shall

immediately take corrective measures satisfactory to the Contractor. The Contractor's failure to stop

the Subcontractor's unsafe practices shall not relieve the Subcontractor of the responsibility to prevent

accidents.

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(e) Written Safety Report and Safety Meetings. If requested by Contractor, Subcontractor will submit

to the Contractor a weekly written safety report on a form acceptable to Contractor. Subcontractor

must comply with applicable OSHA requirements to hold regular safety meetings. Meeting minutes

and list of all attendance shall be delivered to Contractor’s site superintendent on a weekly basis.

(f) Unsafe Conditions. Contractor, at Contractor’s sole discretion, may direct Subcontractor to cure or

correct any condition Contractor deems unsafe. If Subcontractor fails to promptly cure or correct any

such condition, Contractor may take whatever steps are necessary to cure or correct the condition and

charge the Subcontractor for costs incurred. Should Contractor cure or correct an unsafe condition,

such action in no way relieves Subcontractor of the responsibility to provide a safe workplace and its

duty to indemnify Contractor as required by this Contract.

(g) Use of English. For the purpose of performing tasks safely, when non-English speaking

Subcontractor personnel are employed or present on the Project site, it is the Subcontractor’s

obligation and responsibility to ensure that all personnel understand all work area signage, emergency

announcements, user information, including but not limited to video taped recordings provided, and

that all non-English speaking personnel are capable of notifying others of safety hazards encountered

or created in the workplace or Project site. Supervision by an individual capable of translating shall be

used to ensure all signs, announcements or notifications can be translated immediately, providing for

effective and safe work-rule enforcement. Should there be multiple non-English speaking crews, a

translator is required for each crew. In the event the translator leaves the Project site where the Work

is being performed by non-English speaking personnel, the Work being performed shall stop and the

non-English speaking personnel shall vacate the worksite areas until they have a translator, unless

Contractor supplies a translator at Subcontractor’s cost. Any charges to the Contractor for labor or

rental shall cease for the time period the non-English speaking personnel are without a translator.

(h) Qualifications. Subcontractor shall assure its employees on the job site are qualified to operate

aerial lifts, scissor lifts, material handlers, fork lifts, and other equipment necessary to perform its

Work. A written list of such qualified employees shall be provided to Contractor. Subcontractor shall

identify its competent employee qualified to oversee any Work performed using a scaffold.

Supporting documentation must be provided by Subcontractor upon request.

ARTICLE VIII. Insurance Requirements.

1. At its own expense, Subcontractor agrees to obtain, maintain and pay for insurance as outlined in this

Article, and from companies licensed to provide coverage in the state in which the Project is located and

with AM Best ratings of not less than A- VIII during the entire duration of its Work under this Subcontract,

or as otherwise designated herein.

(a) Any deductibles or self-insured retentions for any insurance required in this Article shall be the

sole responsibility of the Subcontractor.

(b) Subcontractor agrees that no later than ten (10) days before beginning any Work under this

Subcontract, and as an ongoing condition precedent to payment for the Work, Subcontractor will

obtain the insurance required herein and provide Contractor with a Certificate of Insurance and all

necessary endorsements required to demonstrate its compliance with this Article.

(c) If permitted by law, Subcontractor shall provide Contractor 30-day prior written notice before

cancellation, nonrenewal, or reduction of coverages required by this Article.

(d) Subcontractor agrees that its failure to obtain or maintain and pay for the insurance required by this

Article or to provide adequate and ongoing evidence of compliance shall be deemed a material breach

of this Subcontract and shall entitle Contractor to cancel this Subcontract and recover damages, at its

election, including holding any amounts otherwise owed Subcontractor until Subcontractor provides

proof of insurance as required. Subcontractor agrees to the holding of any such amounts for the

reasons stated herein and that such event constitutes a bona fide dispute for purposes of any applicable

prompt payment law. The failure of the Contractor to make the election upon receipt of the Certificate

of Insurance shall not constitute a waiver by Contractor to make the election at any time thereafter.

(e) Contractor’s failure to object to the form of any Certificate of Insurance, Endorsement, or other

evidence of insurance provided by the Subcontractor shall not be deemed to be a waiver of any of

Subcontractor’s obligations under this Article.

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(f) Providing the types of policies and limits of coverage required by this Article shall not be

interpreted to limit the liabilities of Subcontractor otherwise assumed under this Subcontract.

(g) If Subcontractor uses Umbrella or Excess Liability Insurance to arrive at the limits required herein,

such coverage shall follow-form with any primary policies and shall be subject to all the requirements

of this Article.

(h) Copies of Subcontractor insurance policies must be provided to Contractor upon request.

(i) Subcontractor must require its subcontractors to adhere to these insurance requirements, including

Additional Insured obligations.

2. Workers’ Compensation / Employers Liability Insurance no less than the following:

(a) Workers compensation and employer’s liability insurance as required by statute in the state in

which the Work is performed, or the state of employees’ hire.

(b) Other States Endorsement providing coverage for all states.

(c) Employer’s liability insurance shall have limits no less than the following:

$1,000,000 each accident

$1,000,000 each disease

$1,000,000 each employee per disease

Stop Gap coverage with limits as noted above in states with monopolistic workers’ compensation

coverage.

(d) U.S. Longshoremen and Harbor Worker’s Act (USL&H), the Jones Act coverage when such laws,

regulations, or statutes apply to Subcontractor’s employees.

(e) Endorsement waiving subrogation in favor of the Indemnitees noted in Article X, except in

jurisdictions where prohibited by law.

3. General Liability and Umbrella/Excess Liability Insurance no less than the following:

(a) Policy form no less broad than the current ISO form CG 00 01.

(b) Issued by a company satisfactory to the Contractor.

(c) Limits not less than:

$2,000,000 per occurrence

$2,000,000 general aggregate (project specific)

$2,000,000 completed operations aggregate

(d) Claims made policies are not acceptable.

(e) There shall be no exclusions for residential or habitational construction operations, if

Subcontractor’s Work involves residential or habitational construction.

(f) Coverage for each general liability and umbrella/excess liability shall apply on a primary basis and

any coverage maintained by Contractor and the Additional Insureds shall be non-contributory.

(g) Coverage shall contain an ISO standard severability of interests clause and separation of insureds

clause.

(h) ISO Endorsement CG 24 04 10 93 waiving rights of subrogation in favor of Indemnitees noted

in Article X, except where prohibited by law.

(i) ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 for the Additional Insureds as follows:

Nabholz Construction Company, its parent and affiliated companies;

Project Owner;

Project Architects and Engineers;

Each of their respective employees, agents, and principals;

Indemnitees noted in Article X, and as otherwise noted in the Prime Contract.

(j) Within this Subcontract, the additional insured listing above is otherwise referred to as “Additional

Insureds”.

(k) Subcontractor’s insurance coverage will not be limited to the Additional Insureds’ comparative

negligence, vicarious liability, or respondent superior liability for the acts or omissions of

Subcontractor.

(l) These liability policies will provide Additional Insureds with insurance coverage entitling them to

defense and indemnity from and against any liability or claim of liability arising out of, or in any way

related to, Subcontractor’s Work or operations pursuant to this Subcontract, including preparation to

perform such Work or operations.

(m) If the above noted additional insured endorsement forms are not utilized, Subcontractor’s insurer

must use a form or endorsement providing a coverage at least equivalent in scope to CG 20 10 10 01

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and CG 20 37 10 01 combined. Regardless of the form or endorsement used, it shall require only the

maximum scope of coverage allowed under law.

(n) Such additional insured endorsement forms or policy forms shall not exclude coverage for

products/completed operations, and will apply independently of, and not coextensively, with

Subcontractor’s indemnity obligations as stated in Article X.

(p) The insurance required by this Section on behalf of the Additional Insureds will apply to bodily

injury and property damage claims arising from Subcontractor’s operations regardless of the actual or

alleged fault, negligence, or proximate cause of any of the Additional Insureds and regardless of

whether the Subcontractor is named or not named in the claim, lawsuit, or complaint. The additional

insurance coverage required by this Article will apply to any claims or liability arising out of

Subcontractor’s Work or operations, even if Subcontractor’s indemnity obligations do not apply or are

prohibited by law.

(q) All insurance required by this Article shall be maintained throughout the duration of the Project

and such time Subcontractor may be held legally liable for its Work, including the warranty period, or

for such longer period as may be required under the terms of the Contract Documents.

(r) Subcontractor shall require any lower tier subcontractor(s) providing labor, services, or materials

for the Project to recognize the Additional Insureds noted above on their Commercial General Liability

policy and to provide Contractor evidence of such upon request.

4. Commercial Automobile Liability and Umbrella/Excess Liability Insurance no less than the

following:

(a) Coverage for “any auto,” including owned, non-owned, and hired motor vehicles.

(b) Limits of liability no less than $2,000,000 each occurrence, combined single limit.

(c) Additional insured endorsement or omnibus clause including each of the Additional Insureds.

(d) Waiver of subrogation endorsement in favor of the Indemnitees, except where prohibited by law.

5. Pollution Liability Insurance (if Subcontractor is performing any environmental remediation or is

otherwise handling hazardous materials or pollutants) no less than the following:

(a) Coverage shall be on a Pollution Liability policy or on a Commercial General Liability policy with

a Pollution endorsement that provides for limited sudden and accidental coverage.

(b) The limit of insurance under either form of coverage shall be a per-occurrence and aggregate

amount of not less than $1,000,000.

(c) Coverage shall protect against the actual or alleged liability and costs arising from the sudden and

accidental release or discharge of pollutants and hazardous materials from the Subcontractor’s work.

(d) If a stand-alone policy is provided, it may extend coverage on an occurrence or claims-made basis.

If coverage is on a claims-made basis, the coverage retro date shall not be later than the start date of

this Subcontract.

6. Professional Liability Insurance (if Subcontractor’s scope of work includes any professional or design

or engineering service responsibility) no less than the following:

(a) Professional liability and errors and omissions insurance coverage.

(b) Policy and occurrence limits not less than $1,000,000.

(c) Insurance shall be obtained by the party performing the professional or design service.

7. Asbestos or Lead Abatement Liability (if Subcontractor’s scope of work includes asbestos or lead

abatement, respectively) no less than the following:

(a) Asbestos or lead liability insurance coverage on an occurrence basis for claims arising out of

abatement, removal, storage, transportation, and disposal activities.

(b) Per occurrence limits of not less than $5,000,000.

8. Protection and Indemnity Insurance (if Subcontractor’s work involves the use of watercraft) of not

less than the following:

(a) Coverage shall apply to all of the crew members as well as passengers.

(b) Limits of not less than $5,000,000, or the value of the watercraft, whichever is greater.

9. Contractor’s Equipment Floater no less than the following:

(a) Coverage shall apply to all equipment utilized by the Subcontractor in the performance of this

Subcontract and all equipment rented or leased to the Contractor by the Subcontractor as part of this

Subcontract.

(b) Coverage shall apply to the full value of the equipment.

(c) Waiver of subrogation endorsement in favor of the Indemnitees, except where prohibited by law.

10. Builders Risk Insurance

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(a) Any deductible amount applied to any loss payable under the Builders Risk Insurance shall be

borne by the Insured’s interest whose Work is damaged in direct proportion as their individual losses

shall bear to the total loss, regardless of whether such loss is to work installed and completed, to

materials stored on or off the site, or to materials in transit.

(b) Contractor and Owner neither represent nor assume responsibility for the adequacy of the Builders

Risk Insurance to protect the interests of the Subcontractor.

(c) It shall be the obligation of the Subcontractor to purchase and maintain any supplementary

property insurance that it deems necessary to protect its interest in the Work, including without

limitation off site stored materials and materials in transit.

ARTICLE IX. Temporary Site Facilities, Utilities and Signage.

1. Unless the Project Contract or other documents specify otherwise, temporary toilets, power and a water

source are provided by Contractor. Subcontractor will use only designated roads, streets, drives,

parking areas, storage areas and toilet facilities. To the extent furnished or used by Subcontractor,

Subcontractor shall be responsible for all storage facilities, work shops and offices and cleanup of

same. Subcontractor-furnished temporary facilities are subject to Contractor’s approval.

2. Subcontractor is responsible for contacting local utility agencies for underground line locations prior to

commencement of Work. Contractor is not responsible for any claims arising from line location

problems or errors. Unless otherwise provided in the Contract documents, all water, gas, irrigation,

lighting, power, telephone, sewer and other surface or subsurface structures or lines will not be

disturbed, disconnected or damaged as a result of Subcontractor’s Work. In the event of such

disturbance, disconnection or damage arising from Subcontractor’s Work, Subcontractor shall bear all

associated costs including but not limited to reconnection, replacement and repair.

3. Any signage at the Project site is subject to Contractor’s approval.

ARTICLE X. Subcontractor and Contractor Covenants.

In addition to the foregoing provisions, the parties also agree:

Subcontractor shall -

1. Be bound to Contractor by the terms of the Contract Documents and this Contract, and assume toward

Contractor all the obligations and responsibilities of Contractor, toward the Owner, with respect to the

Work.

2. Submit to Contractor Payment Requests at such times as provided in Article IV to enable Contractor to

apply for payments. If payments are made on valuations of work done, Subcontractor shall, before the first

application, submit to Contractor a schedule of values of the various parts of the Work, aggregating the

total sum of the Project Contract, made out in such details as Subcontractor and

Contractor may agree upon, or as required by the Owner, and, if required, supported by such evidence as to

its correctness as Contractor may direct. This schedule, when approved by Contractor, shall be used as a

basis for Payment Requests, unless found to be in error. In applying for payments, Subcontractor shall

submit a statement based upon his schedule. If payments are made on account of materials not

incorporated in the work but delivered and suitably stored at the site, or at some other location agreed upon

in writing, such payments shall be in accordance with the terms and conditions of the Contract Documents.

Payment requests including stored materials must include complete back-up documentation and digital

photos clearly displaying segregated identification and storage so materials can be easily viewed and

inspected by Nabholz personnel. Verification of insurance and bonding of an off-site storage facility shall

be provided immediately upon request.

3. Promptly notify Contractor of any discovered deficiency or faulty workmanship by another contractor

that affects Subcontractor’s Scope of Work. If Subcontractor fails to so notify prior to the installation of its

Work, Subcontractor shall be solely responsible for the costs of repair or replacement of Subcontractor’s

Work.

4. Install Work so that the actual final conditions and details shall result in alignment of finish surfaces.

Subcontractor is responsible for verifying all dimensions and lay-out before commencing Work. The

Contractor may establish principal axis lines of the building and site whereupon the Subcontractor shall

layout and be strictly responsible for the accuracy of the Work and for any loss or damage to the Contractor

02/20/2013 Page 11 of 18

or others by reason of the Subcontractor's failure to perform the Work in accordance with this Contract and

industry standards.

5. Protect the work and finishes of other trades, suppliers and vendors, protect existing property, and

protect property adjacent to the Project from loss or damage caused by Subcontractor or those for whom

Subcontractor is responsible. Subcontractor will ensure each day’s Work is properly covered and

protected from the elements.

6. Not delegate, transfer, convey, subcontract, relinquish, or otherwise dispose of the whole or any part of

its duties under this Contract without the prior written approval of the Contractor. The Contractor's

approval shall not be unreasonably withheld.

7. Warranty and Indemnity:

a) Hereby warrant that the Work shall be performed strictly in accordance with the Project Contract,

this Contract, and all other Contract Documents.

b) To the maximum extent permitted by law, indemnify, hold harmless and defend Contractor

and the Owner, their affiliated companies, and agents, employees, directors and officers of

either (hereinafter “Indemnitees”) from any lawsuits, causes of action, claims, liabilities and

damages, of any kind and nature, including but not limited to, attorney’s fees and costs

arising out of the performance of this Contract, and including, but not limited to, any and all

lawsuits, causes of action, claims, liabilities and damages, as provided above, which

Indemnitees may sustain by reason of any failure by Subcontractor to indemnify as provided

herein and elsewhere in this Contract, or any failure by Subcontractor to otherwise perform

its obligations pursuant to this Contract, or by reason of the injury to or death of any person

or persons or the damage to, loss of use of or destruction of any property resulting from

Work undertaken herein, including the use or rental of any equipment supplied by

Indemnitees, which are caused, in whole or in part, by the negligence of Subcontractor,

regardless of whether they are caused in part by the negligence of an Indemnitee; however,

Subcontractor’s duty to indemnify, hold harmless and defend the Indemnitees does not

extend to any particular Indemnitee’s negligence that is the sole cause of any injury to

persons or property. In the event the indemnity and defense obligations provided herein are

not enforceable under applicable law, the provision shall be interpreted to provide for the

maximum indemnity and defense obligations that may be imposed by applicable law.

(c) Should Contractor employ an attorney to enforce any of the provisions hereof, or protect its interest

in any matter arising under this Contract, or to collect damages for the breach of this Contract, or to

prosecute or defend any suit resulting from this Contract, or to recover on the surety bond given by

Subcontractor under this Contract, then Subcontractor and his surety, jointly and severally, agree to

pay Contractor all reasonable costs, charges, expenses and attorney fees expended or incurred in

connection therewith.

(d) Subcontractor shall indemnify Contractor for all premiums, costs, fees, including attorney’s fees,

incurred by Contractor to remove liens or levies filed or threatened against the Project as a result of

Subcontractor’s failure to pay obligations related to the Work.

8. Furnish periodic progress reports and schedules of the Work as requested by Contractor including the

status of materials or equipment under this Contract that may be in the course of preparation or

manufacture.

9. Perform any and all changes or deviations from the original plans and specifications without nullifying

the original Contract when specifically ordered to do so in writing by the Contractor. Subcontractor prior

to commencement of this revised work, shall submit to Contractor written copies of the cost or credit

proposal for such revised work in a manner consistent with the Contract Documents.

02/20/2013 Page 12 of 18

10. Cooperate with Contractor and all others whose work may interfere with the Work, and cooperate with

Contractor in scheduling the Work so as not to conflict or interfere with the work of others. Subcontractor

shall promptly submit shop drawings, and samples, as required in order to carry on the Work efficiently and

at speed that will not cause delay in the progress of Contractor's work or the work of other subcontractors.

Subcontractor shall

(a) Specifically note and immediately advise the Contractor of any interference with the Work;

(b) Participate in the preparation of coordination drawings and work schedules involving the Work;

(c) Review the Contract Documents applicable to its Work and notify Contractor of any error or

inconsistency in the Contract Documents that conflicts with the intended completion or use of the

Project within five (5) days of discovering the error. Also, Subcontractor shall notify Contractor

orally and in writing if it discovers that portions of the Contract Documents are at variance with

applicable laws, statutes, ordinances, building codes, rules or regulations, within five (5) days of

discovering the discrepancy. If Subcontractor or its sub-subcontractors perform Work when they

know, or in the exercise of reasonable diligence should have known, of either situation,

Subcontractor shall assume full responsibility for such Work and shall bear the costs to correct any

problems. No extension of the Schedule of Work shall be granted as a result thereof;

(d) If required, maintain a complete set of up-to-date ‘as-built” drawings on site at all times during the

performance of its Work. Upon completion of the Work and prior to release of retention, if any,

Subcontractor shall, at its cost, transpose all “as-built” information in red-lined format, including

the dimensioned locations of significant concealed items of its Work, and deliver to Contractor. In

addition, Subcontractor shall retain all records (regardless of form) relating to the Project for a

minimum of seven (7) years from the date of substantial completion or the statute of repose period

for the state in which the Project is located, whichever time period is longer;

(e) Comply with Contractor’s Storm Water Pollution Plan for the duration of the project, remove and

clean any soils that are tracked onto streets or adjacent property, and immediately clean any spill

resulting from Subcontractor’s Work. If Storm Water Protection measures are disturbed by the

Subcontractor, Subcontractor shall immediately re-install such measures to their original

condition;

(f) In addition to Subcontractor’s own quality assurance processes, participate in Contractor’s Quality

Management System;

(g) Provide hoisting to point of installation for all Subcontractor activities related to off-loading and

hoisting of materials and equipment; and

(h) Fully cooperate with third party testing and inspection agencies and permit the testing agency

adequate time and notice to inspect all completed Work.

11. Designate in writing one or more persons who shall be the authorized Subcontractor's representative(s)

on site and off site. Such authorized representative(s) shall be the only person(s) to whom the Contractor

shall issue instructions, orders, or directions, except in an emergency. Subcontractor shall not remove an

authorized Subcontractor representative from the Project without the express written consent of Contractor.

Subcontractor shall replace any such Subcontractor representative to whom the Contractor objects at any

time during the progress of the Work.

12. Comply with all federal, state and local laws and ordinances applying to the building or structure and

comply and give adequate notices relating to the Work to proper authorities and to secure and pay for all

necessary licenses or permits to carry on the Work as described in the Contract Documents applicable to

this Contract.

13. Comply with federal, state and local tax laws, Social Security laws and unemployment compensation

laws and Workman's Compensation laws insofar as applicable to the performance of this Contract.

Subcontractor shall pay all sales, use and similar taxes applicable to the Work, and such taxes are included

in the Contract price unless otherwise provided in the Project Contract.

14. Perform all Work subject to the final approval of the Architect or Owner's authorized agent.

15. Receive from the Contractor, upon request, such information as the Contractor has obtained relative to

the Owner's financial ability to pay for the contract between the Contractor and the Owner. Provide to

Contractor, upon request, information relative to Subcontractor’s financial ability to comply with the terms

02/20/2013 Page 13 of 18

and conditions of the Contract Documents. Failure to provide such information may be deemed

Subcontractor default.

16. Unless otherwise provided in Contract Documents, communicate by and with the Owner, Architect,

engineer, consultants, separate contractors or other subcontractors and suppliers of Contractor, regardless of

tier, only through the Contractor.

17. Make no substitutions in the Work unless permitted in the Contract Documents and only then upon the

Subcontractor first receiving all approvals required under the Contract Documents for substitutions.

18. Correct in a timely fashion any Work rejected by the Contractor or Owner for failing to comply with

the Contract Documents, whether observed prior to the commencement of the warranty period(s) or during

the warranty period(s) established by the Contract Documents. The Subcontractor shall make corrections at

its own cost and time and bear the expense of additional services for any nonconforming Work for which it

is responsible. Subcontractor shall clean up debris and repair the work so the repairs cannot be noticed.

19. In the event Subcontractor encounters asbestos, lead, polychlorinated biphenyl (PCB) or other

hazardous substances at a Project site that are potentially harmful to persons or property, take all steps

required by the Contract Documents and by law to protect persons and property from injury or damage,

including stopping the Work in the affected areas and promptly advising the Contractor in writing of the

conditions encountered at the site. Should the Subcontractor be required to stop work in any area of the

Project as a result of hazardous substances located at the Project site, then the Subcontractor shall not

resume its Work in the affected area until (a) the hazardous substances have been removed or made

harmless; (b) the Contractor and Subcontractor agree in writing to commence work in all or a portion of the

area; (c) the Owner orders the Work to proceed in the affected area, and the parties agree; or (d) the dispute

is resolved as provided for in this Contract. The Subcontractor shall not be required to perform work in

areas containing asbestos, lead, PCBs, or any other hazardous substances defined by the Contract

Documents, without the Subcontractor's consent.

20. A written Hazardous Materials Communications Program, including Material Safety Data ("MSD")

sheets as required by law and pertaining to materials or substances used or consumed in the performance of

the Work, shall be submitted to the Contractor by the Subcontractor. MSD sheets obtained by the

Contractor from other subcontractors or sources shall be made available to the Subcontractor by the

Contractor upon request.

21. Notify Contractor in writing within five (5) days of any delays to the Work caused by Contractor.

22. Keep the Project free of all liens of sub-subcontractors, suppliers and/or others furnishing labor or

material to Subcontractor for the Project.

23. Fully comply with any and all prevailing wage laws and applicable laws, rules and regulations

governing Subcontractor’s Work, licensure and certifications.

The Contractor shall -

24. Upon acceptance of the Work by Owner and receipt of funds from the Owner, pay Subcontractor

within ten days, unless otherwise provided in the Contract Documents, upon the payment by Owner to

Contractor pursuant to certificates issued under Contractor’s Schedule of Values, or as described in Article

IV herein. The amount of the payment shall be equal to the amount allowed to Contractor on account of

Subcontractor’s Work. However, Contractor may reduce or hold payment if Subcontractor is not in

compliance with any provision of the Contract Documents on this Project or any other project performed

for Contractor. No payment from Contractor to Subcontractor shall be due unless Contractor receives

payment from Owner for the work of the Subcontractor.

25. Permit Subcontractor to obtain directly from the Architect or Owner’s authorized agent, evidence of

percentages of completion certified on its account.

02/20/2013 Page 14 of 18

26. Pay Subcontractor within ten (10) days after written demand if the failure of the Owner or his

authorized agent to issue certificates of payment is due to any fault of the Contractor and is not due to the

fault of the Subcontractor.

27. Agree that Subcontractor may, upon five days advance written notice to the Contractor, stop Work

without prejudice to any other remedy if Contractor fails to make payments to Subcontractor within ten

days from Contractor's receipt of payment or from the time payment should have been made as provided in

Articles IV, V and X. for any cause not the fault of Subcontractor

28. Not issue or give any instructions, order or directions directly to employees or workmen of

Subcontractor other than to the persons designated as the authorized representative(s) of the Subcontractor.

29. Give Subcontractor an opportunity to be present and to submit evidence in any arbitration involving his

rights.

Contractor and Subcontractor agree -

30. If a dispute arises out of or relates to this Contract, or the breach thereof, the parties shall endeavor to

settle the dispute first through direct discussions. If the dispute cannot be settled through direct

discussions, the parties shall endeavor to settle the dispute by mediation before recourse to arbitration.

Mediation is a condition precedent to binding arbitration. In the event the parties are unable to resolve the

controversy or claim through mediation, each party agrees that it may proceed directly to arbitration, in

which case the controversy or claim shall be settled by arbitration administered by the American

Arbitration Association in accordance with its Construction Industry Arbitration Rules and Mediation

Procedures (including Procedures for Large, Complex Construction Disputes). Arbitration shall be

governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq., notwithstanding any state laws on the

topic. Unless prohibited by law, any mediation or arbitration shall be held at a location in Faulkner County,

Arkansas. The substantive law of the jurisdiction identified in Article XI of this Agreement shall apply.

The Arbitrator or Arbitration Panel shall provide written Findings of Fact and Conclusions of Law and

issue a formal, written Order consistent therewith, upon conclusion of the proceedings. The right to appeal

such arbitration decision shall be in accordance with the Federal Arbitration Act.

(a) A claim is a demand or assertion by the Contractor or the Subcontractor seeking an adjustment in the

Contract price or Contract time, an adjustment to or interpretation of the Contract terms, or other relief

arising under or relating to this Contract, including the resolution of any matters in dispute between the

Contractor and Subcontractor in connection with any project.

(b) The Subcontractor agrees to make all claims against the Contractor for which the Owner is or may be

liable in the same manner and within time allowed for the Contractor to make claims against the Owner

after the event giving rise to the claim occurs, and in sufficient time for the Contractor to make such claims

against the Owner. Such claims shall be made in writing and comply with this paragraph to be valid.

(c) The Subcontractor shall give the Contractor written notice of all claims not included in the foregoing

paragraph within seven (7) calendar days of the date when the Subcontractor knew of the facts giving rise

to the event for which claim is made; otherwise, such claims shall not be valid.

(d) The Subcontractor shall carry on the Work and maintain the Schedule of Work pending final resolution

of a claim, including arbitration, unless the Subcontractor has been terminated or the Work suspended as

provided for in the Contract, or the parties otherwise agree in writing to a partial or total suspension of the

Work. If the Subcontractor is continuing to perform in accordance with this Contract, the Contractor may

continue to make payments in accordance with the terms of the Contract.

(e) If the Contract Documents provide for liquidated or other damages for delay beyond the completion

date set forth in the Contract Documents, and such damages are assessed or appears may be assessed by the

Owner against the Contractor, then the Contractor, in its discretion, may assess and apportion such

damages against the Subcontractor in proportion to its share of the responsibility for such delay and

damage, but no more. The amount of such assessment against the Subcontractor, if any, shall not exceed

02/20/2013 Page 15 of 18

the Subcontractor's proportionate share of the responsibility for such delay and damage and shall never

exceed the amount assessed against the Contractor by the Owner or otherwise provided for in the Contract

Documents. Nothing in this paragraph shall limit the Contractor's right to actual damages sustained by the

Contractor as a result of Subcontractor's delay.

31. (a) If the Subcontractor (a) refuses or fails (i) to correct any Work rejected by the Contractor or

Owner, (ii) to supply enough properly skilled workers, proper materials, or maintain the Schedule of

Work, or (iii) to make prompt payment to workers, subcontractors, or suppliers; or (b) disregards law,

ordinances, rules, regulations or orders of any public authority having jurisdiction, or (c) Contractor

receives evidence that Subcontractor is not timely in paying obligations related to the Project; or (d) a

petition in bankruptcy or for an arrangement or reorganization is filed by or against the Subcontractor;

or (e) Subcontractor becomes insolvent or is adjudicated bankrupt or goes into a liquidation or

dissolution, either voluntarily or involuntarily or under court order; or (f) Subcontractor makes a

general assignment for the benefit of creditors or otherwise acknowledges insolvency; or (g) is

convicted of a felony; or (h) is sixty (60) days or more delinquent in paying applicable union dues and

benefits payments; or (i) is otherwise guilty of a material breach of a provision of this Contract, the

Subcontractor may be deemed in default of this Contract. If the Subcontractor fails within seventy-two

(72) hours after written notification to commence and continue satisfactory correction of such default,

then the Contractor, without prejudice to any other rights or remedies, shall have the right to any or all

of the following remedies:

(i) supply such number of workers and quantity of materials, equipment, and other facilities as the

Contractor deems necessary for the satisfactory correction of such default, which the

Subcontractor has failed to complete or perform after the aforesaid notice, and charge the cost

thereof to the Subcontractor, who shall be liable for the payment of same, including reasonable

overhead, profit, and attorneys' fees;

(ii) contract with one or more additional contractors, to perform such part of the Work as the

Contractor shall determine will provide the most expeditious correction of the default and charge

the cost thereof to the Subcontractor;

(iii) withhold payment, in the amount deemed necessary by the Contractor, of moneys due the

Subcontractor in accordance with this Contract; and

(iv) in the event of an emergency affecting the safety of persons or property, the Contractor may

proceed to commence and continue satisfactory correction of such default, without first giving

seventy-two (72) hours written notice to the Subcontractor, but shall thereafter give prompt

written notice of such action to the Subcontractor.

(b) If the Subcontractor fails to commence and satisfactorily continue to cure correction of a default

after seventy-two (72) hours written notification issued under this numbered paragraph, then the

Contractor may, in lieu of or in addition to the remedies set forth in this numbered paragraph, issue a

written notice of termination to the Subcontractor and terminate the Project Contract and, in the

discretion of the Contractor, terminate this Contract and any other project contract between Contractor

and Subcontractor. Subcontractor acknowledges that any default by Subcontractor will frustrate or

impair Contractor’s work on the Project, and a subsequent default will not be tolerated after the initial

default and notice. Accordingly, any notice issued by Contractor per Article X, Paragraph 31 above

may, in the sole discretion of Contractor, be treated as continuing in nature if the default of

Subcontractor persists or continues after the initial notice (even if temporarily cured within the initial

notice period), and Contractor may at any time exercise any rights or remedies available under this

Article X without the necessity of additional notice to Subcontractor. No delay or forbearance by

Contractor in exercising any right or remedy shall be deemed or construed as a waiver of the right to

subsequently exercise the right or remedy.

(c) The Contractor also may furnish materials and equipment and/or employ such workers or

subcontractors as the Contractor deems necessary to maintain the orderly progress of the Work.

02/20/2013 Page 16 of 18

(d) All costs incurred by the Contractor in performing the Work, including reasonable overhead,

profit, and attorneys' fees, shall be deducted from any moneys due or to become due the Subcontractor

under this Contract. The Subcontractor shall be liable for the payment of any amount by which such

expense may exceed the unpaid balance of the Contract price. If the unpaid balance of the Contract

price exceeds the expense of finishing the Work, such excess shall be paid to the Subcontractor.

(e) If the Contractor performs the Work under this Article, or subcontracts such work to be so

performed, the Contractor and/or the persons to whom the Work has been subcontracted shall have the

right to take and use any materials, implements, equipment, appliances or tools furnished by, belonging

or delivered to the Subcontractor and located at the project for the purpose of completing any

remaining Work. Immediately upon completion of the Work, any remaining materials, implements,

equipment, appliances or tools not consumed or incorporated in performance of the 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.

32. Contractor may terminate any Project Contract for its convenience and without cause, upon five (5)

days written notice to Subcontractor. In the event the agreement between Contractor and Owner is

terminated for convenience, Contractor shall be obligated to pay Subcontractor only such compensation as

Contractor receives from Owner for Subcontractor’s Work, less any applicable back-charges, deducts,

credits or offsets. Otherwise, upon termination for convenience, Contractor shall pay Subcontractor for

Work performed in accordance with the Contract Documents to the date of termination, based upon the

Contract Price of the Work, plus any unavoidable, direct costs of termination, less any applicable back-

charges, deducts, credits or offsets. In the event any termination for cause is found to be wrongful or

otherwise without justification, such termination shall be deemed a termination for convenience hereunder,

and Subcontractor shall be compensated as provided herein. In no event shall Subcontractor be entitled to

recover lost or anticipated profits or unrecovered overhead on work not performed. The compensation

provided for herein shall be Subcontractor’s sole and exclusive remedy arising out of a termination for

convenience or a deemed termination for convenience.

ARTICLE XI. Miscellaneous.

1. Severability. This Contract is severable, and any part deemed unenforceable shall not render the

remaining parts unenforceable.

2. Public Policy. All covenants of this Contract shall be subject to all federal, state and local laws,

executive orders, rules, or regulations, and this Contract shall not be terminated, in whole or in part, nor the

parties held liable in damages, for a failure to comply therewith, if compliance is prevented by, or if such

failure is the result of any such law, order, rule, or regulation.

3. Merger. This Master Contract, as supplemented by a Project Contract, is intended to be the final and

complete expression of the parties with reference to that particular Project Contract, and there are no other

written or oral agreements relating to the subject matter thereof. This Contract may only be amended by a

further written agreement signed by the parties.

4. Review by Counsel. The parties agree that they and their counsel have each had the opportunity to

review the Contract and that any rule of construction to the effect that ambiguities may be resolved against

the drafting party shall not apply to this Contract.

5. Governing Law. The laws of the State of Arkansas shall apply to the interpretation, construction and

enforcement of this Contract, without giving effect to principles of conflict laws to the contrary.

Subcontractor acknowledges that Contractor is an Arkansas corporation and maintains its principal place of

business in Arkansas. Notwithstanding, the laws of the state in which the project is located shall apply

when the law of the state in which the project is performed requires.

6. Notices. Any written notice required by this Contract shall be effective, if given by facsimile

transmission, private mail carrier, or United States Postal Service when transmitted or when placed in the

possession of the private carrier or United States Postal Service and appropriate arrangements for payment

02/20/2013 Page 17 of 18

have been made. Notice may be given to either the Subcontractor or the Subcontractor’s Representative at

the addresses and facsimile numbers appearing on each Project Contract. If such address or facsimile

numbers are not provided, notice shall be effective, if directed to the Subcontractor’s address and facsimile

number appearing in this Contract. Notice to the Contractor shall be directed to Contractor at the address

and facsimile number appearing on the first page of this Contract and to the Contractor’s Representative at

the address and facsimile number appearing on the Project Contract.

7. Subheadings. Subheadings are descriptive only and do not modify or amend the language.

8. Jurisdiction and Venue. Unless prohibited by law, personal jurisdiction and venue for any arbitration or

litigation shall be Conway, Faulkner County, Arkansas, exclusively.

9. Assignment to Owner. Contractor may assign this Contract and the Project Contract to the Owner if

required by the prime contract. To the fullest extent permitted by law, Subcontractor agrees that it shall not

assign, sell, transfer, delegate or encumber any rights, duties, or obligations arising under this Agreement,

including, but not limited to, any right to receive payments hereunder, without the prior written consent of

Contractor in its sole and reasonable discretion, and the giving of any such consent to a particular

assignment shall not dispense with the necessity of such consent to any further or other assignments. In the

event Subcontractor assigns, purports to assign, sells, encumbers or otherwise transfers its right to any

monies due or to become due under this Agreement as security for any loan, financing or other

indebtedness (hereinafter “Assignment”), notification to Contractor of such Assignment must be sent by

certified mail, return receipt requested, to the Nabholz Divison Controller, and the Assignment shall not be

effective as against Contractor until Contractor provides its written consent to such Assignment.

Subcontractor agrees that any such Assignment shall not relieve the Subcontractor of any of its agreements,

duties, responsibilities or obligations under this Agreement and the Contract Documents, and shall not

create a contractual relationship or a third party beneficiary relationship of any kind between Contractor

and such assignee or transferee. Subcontractor further agrees that all Contractor’s defenses and claims

arising out of this Agreement with respect to such Assignment are reserved unless expressly waived in

writing by a duly authorized corporate officer. Subcontractor hereby agrees to indemnify and hold

harmless Contractor from and against any and all loss, cost, expense or damages Contractor or Owner has

or may sustain or incur in connection with such Assignment.

10. Setoff and Offset. Contractor has the right to offset or set off against other Project Contracts or any

other obligations owed to Contractor by Subcontractor. Contractor has and reserves any rights or defenses

of recoupment.

11. No Implied Waivers. No failure on the part of Contractor to exercise and no delay in exercising any

right or remedy under this Contract will operate to waive that right or remedy. All waivers and consents by

Contractor must be in writing and signed by Contractor to be effective. No waiver or consent given by

Contractor in connection with this Contract will apply to any events, acts or circumstances other than those

expressly covered by that specific written waiver or consent.

12. Confidentiality. Subcontractor acknowledges that certain information provided to it by Contractor or

Owner contains information deemed trade secret or proprietary to Contractor or Owner. Subcontractor

shall not, unless prior written authorization is provided by Contractor, use or disclose to any person any of

the Owner’s or Contractor’s trade secrets or confidential information to any third parties. This restriction

will not apply to trade secrets or confidential information that becomes public other than through

unauthorized use or disclosure by Subcontractor. Subcontractor will use its best efforts to prevent the

unauthorized use or disclosure of such information. Such information includes but is not limited to

Contractor’s or Owner’s research, development, method, process, or commercial information, including

value engineering and constructability studies; current and prospective clients, subcontractors, and/or

competitors; proposals and sales reports; methods, processes, techniques, operations, marketing programs,

computer programs (including its licensing and costs), future plans, growth expectations, pricing/price

modeling, logistics, and specific strategies; and financial data of Contractor, Owner, their subsidiaries,

operating business units and affiliated companies.

02/20/2013 Page 18 of 18

13. Force Majeure. If the Subcontractor is delayed at any time in the progress of its Work by acts of God,

labor strikes away from the Project location, fire, tornado, hurricane, flood, earthquake, war, act of

terrorism, civil disturbance, and unavoidable casualties or other causes beyond the Subcontractor’s control,

or by other causes which Contractor reasonably determines may justify delay, then the Subcontractor may

submit a request for an extension by Change Order for such reasonable time as the Contractor may

determine, in accordance with the Contract Documents. Subcontractor’s only remedy for force majeure

events shall be an extension of time as provided in the Contract Documents, and Subcontractor shall not be

entitled to additional compensation unless otherwise specifically provided, and only to the extent permitted,

by Contractor’s agreement with Owner.

14. Subcontractor acknowledges and understands Contractor is an AA/EEO Employer.

IN WITNESS WHEREOF, the parties hereto have executed this Contract under the seal, the day and year

first above written.

SUBCONTRACTOR NABHOLZ CONSTRUCTION CORPORATION

Subcontractor General Contractor

By: ___________________________________ By: ___________________________________

Title: ___________________________________ Title: ___________________________________

Date: ___________________________________ Date: ___________________________________

Attest: ___________________________________ Attest: ___________________________________

Ver. 07.08.17

MISSOURI PROJECT CONTRACT

Project Name Job #+S+Cost Code

Job #: Cost Code:

AGREEMENT made as of the Date day of Month in the year of Year Project Project Address City, State Zip Contractor Division Office Address City, State Zip Architect Architect Address City, State Zip THIS PROJECT CONTRACT by and between Error! Reference source not found. , Address City, State Zip hereinafter called the Subcontractor, and Nabholz Construction Corporation, hereinafter called the Contractor, agree as follows: ARTICLE I. Documents. This Project Contract is supplemental to the terms and conditions of the Master Contract Between Contractor and Subcontractor dated Date of Master Contract, and any amendments thereto, (“Master Contract"). Together the Master Contract and this Project Contract form a separate contract between Contractor and Subcontractor applicable only to the Project ("Contract"). Subcontractor agrees to furnish all material and perform all work as described in Article II hereof for the Project for Contractor at the Project Location in accordance with this Project Contract, the Master Contract and the contract between Owner and Contractor, and with the General Conditions of said contract, Supplementary General Conditions, the Drawings and Specifications and addenda prepared by Architect, hereinafter called the Architect or Owner's authorized agent, all of which documents signed by the parties thereto or identified by the Architect or Owner's authorized agent, form a part of a contract between the Contractor and the Owner dated Date of contract between Owner & GC, and are hereby made a part of this Contract, and referred to as the Contract Documents, which shall be made available to Subcontractor upon request before and at any time after signing this Contract. ARTICLE II. Scope of Work. Subcontractor and Contractor agree that the materials and equipment, to be furnished and labor and work to be performed by Subcontractor (hereinafter "Work") are: Description of work Subcontractor’s price includes all applicable taxes unless otherwise agreed in writing. ARTICLE III. Commencement. The Date of Commencement is the effective date of this Contract as first written above, unless otherwise set forth below: Date if different than date of this contract ARTICLE IV. Payment. 1. The Contractor agrees to pay the Subcontractor for the performance of the Work the sum of Contract amount in words Dollars ($Contract amount in figures) in current funds, subject to additions and deductions for changes as may be agreed upon, in writing, and to make monthly payments on account of Percentage% of Work completed thereof in accordance with Articles IV and X of the Master Contract. 2. Monthly estimates are to be submitted on the Date day of month with Payment Requests. 3. Subcontractor shall submit Payment Requests in the form attached hereto. ARTICLE V. Performance and Surety. 1. Contractor reserves the right to approve performance or payment sureties or require other type of performance and payment surety in lieu of a bond. The following, if checked, are required for this Contract:

Ver. 07.18.17

[ ] Performance Bond [ ] Payment Bond [ ] Joint Checks

[ ]Irrevocable Letter of Credit, 1 year term, face amount

$ [ ]Other (describe)

If a Performance and/or Payment Bond is required, Subcontractor shall furnish both ConsensusDocs 706 “Subcontractor Performance Bond” and ConsensusDocs 707 “Subcontractor Payment Bond,” latest edition, properly executed to the Contractor prior to starting work on the referenced project. The Subcontractor’s surety company shall be subject to approval by the Contractor. Cost of these bonds is included in the contract amount. ARTICLE VI. Second-Tier Subcontractors and Vendors. Contractor reserves the right to approve any portions of the Work the Subcontractor chooses to contract with another party. Upon execution of this Project Contract, Subcontractor will provide Contractor with a listing of all 2nd tier subcontractors and suppliers on the Schedule of Values form provided by Contractor. Payment to Subcontractor will not be issued until this documentation is completed in full and received by Contractor. Contractor reserves the right to require Subcontractor to provide the following information regarding 2nd tier subcontractors and material suppliers in excess of $20,000 as provided in the Master Contract:

1. Company name, address and individual contact. 2. Value of work to be subcontracted or material/equipment purchased 3. Name, address and value of any commitment subcontractor has to contribute to any benefit plan not sponsored

by subcontractor. 4. Subcontractor’s Application and Certificate for Payment and Lien Release 5. Lien Clearance Affidavit and Waiver of Lien Rights (2nd Tier Subcontractor/Supplier).

ARTICLE VII. Indemnity and Insurance.

1. Article X, Subparagraph 7(b) of the Master Contract is replaced in its entirety and reads as follows:

Indemnify and hold harmless Contractor, its affiliated companies, and the agents and employees, directors and officers of

Contractor and its affiliated companies (hereinafter “Indemnitees”) from any lawsuits, causes of action, claims, liabilities

and damages, of any kind and nature, including but not limited to, attorney's fees and costs arising out of the performance

of this Contract, to the extent attributable in part or whole to any act, omission or negligence of Subcontractor, its

Subcontractor’s subcontractors or suppliers of any tier, and including, but not limited to, any and all lawsuits, causes of

actions, claims, liabilities and damages, as provided above which Indemnitees may sustain by reason of any failure by

Subcontractor to indemnify as provided herein and elsewhere in this Contract, or any failure by Subcontractor to otherwise

perform its obligations pursuant to this Contract, or by reason of the injury to or death of any person or persons or the

damage to, loss of use of or destruction of any property resulting from Work undertaken herein, including the use or rental

of any equipment supplied by Indemnitees. Subcontractor’s obligation to indemnify and hold harmless the Indemnitees

shall not include the proportionate share of damages to which the Indemnitees’ negligence was a proximate cause of the

damages. 2. ARTICLE VIII, Insurance Requirements is modified to provide that any insurance required by Article VIII shall not require Subcontractor to insure for costs, losses, or damages to the extent such costs, losses or damages are caused by Indemnitees. For purposes of this modification, Indemnitees shall be as defined in Article X, Subparagraph 7(b).

ARTICLE VIII. Supplemental. 1. This Project Contract is supplemental to the terms and conditions of the Master Contract as if the Master Contract was

fully set forth herein. Failure to include any provision of the Master Contract in this Project Contract is not an agreement to omit the provision. All defined terms herein shall be used in the Master Contract and all defined terms in the Master Contract shall be used in this Project Contract.

2. This Project Contract and the Master Contract are project specific, and no term, provision, or modification of the Master Contract, shall apply to any other project unless expressly included in the project contract for the other project(s).

3. Subcontractor attests that it holds a valid license for the Work to be performed in the State in which the Project is to be performed or that no license is required for the performance of the Work.

4. Subcontractor must be available by phone and email during working hours and provide a 24-hour emergency phone number (English speaking).

IN WITNESS WHEREOF the parties hereto have executed this Contract, the day and year first above written. Error! Reference source not found. NABHOLZ CONSTRUCTION CORPORATION (Subcontractor) (Contractor)

Ver. 07.08.17

BY:___________________________________ BY:_____________________________________ Title:__________________________________ Title:____________________________________ Date:__________________________________ Date:____________________________________ Attest:_________________________________ Attest:___________________________________

8 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Q:\NSP:jg:11-20082UN.doc\04/18/13

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYY)

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT NAME:

INSURANCE AGENT NAME, ADDRESS, AND PHONE PHONE (A/C, No, Ext): FAX

(A/C, No): E-MAIL ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: MUST BE LISTED

INSURED INSURER B: MUST BE LISTED MUST BE THE SAME AS LISTED IN THE EXECUTED MASTER CONTRACT

INSURER C: INSURER D: INSURER E: INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR LTR TYPE OF INSURANCE

ADDL INSR

SUBR WVD POLICY NUMBER

POLICY EFF (MM/DD/YYYY)

POLICY EXP (MM/DD/YYYY) LIMITS

GENERAL LIABILITY X

X

POLICY NUMBER

DATE

DATE

EACH OCCURRENCE $ 2,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED

PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 2,000,000

GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS – COMP/OP AGG $ 2,000,000 POLICY PROJECT LOC $

AUTOMOBILE LIABILITY X

X

POLICY NUMBER

DATE

DATE

COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000

ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED

AUTOS AUTOS BODILY INJURY (Per accident) $

HIRED AUTOS NON-OWNED AUTOS

PROPERTY DAMAGE (Per accident) $

$ UMBRELLA LIAB OCCUR EACH OCCURRENCE $

EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $

WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) Yes No If yes, describe under DESCRIPTION OF OPERATIONS below

N/A

X

POLICY NUMBER

DATE

DATE

WC STATUTORY OTHER LIMITS E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE – EA EMPLOYEE $ 1,000,000 E.L. DISEASE – POLICY LIMIT $ 1,000,000

Other coverages may be required depending on scope of work

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Nabholz, Owner, Architect, Engineers, and others, are ADDITIONAL INSURED as per Master Contract on a PRIMARY BASIS. WAIVER OF SUBROGATION applies to all coverages evidenced herein. Policy Endorsements for Additional Insured, Primary, and Waiver(s) of Subrogation are attached.

CERTIFICATE HOLDER CANCELLATION NABHOLZ CONSTRUCTION CORPORATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE *signature required*

1 of 6

SAMPLE ACCEPTABLE CO

I

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 201010 01

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name of Person or Organization:

(If no entry appears above, information required to campi applicable to this endorsement.)

A. Section II - Who Is An Insured is amend include as an insured the person or organiz shown in the Schedule, but only with r liability arising out of your ongoing o performed for that insured.

B. With respect to the insurance affor additional insureds, the followi added: '\

2. Exclusions . . ,l This insurance does not applylto' "bodily injury" or "property damage" occurring after:

rsement will be shown in the Declarations as

(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or

(2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 D 2 of 6

Nabholz Construction Corporation, its parent and affiliated companies; Project Owner; Project Architects and Engineers; and each of their respective employees, agents, and principals; Indemnitees noted in Article X, and as otherwise noted in the Prime Contract.

[POLICY NUMBER MUST MATCH GL POLICY ON CERTIFICATE]

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 3710 01

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS


COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name of Person or Organization:

Location And Description of Completed Operations:

Additional Premium:

(If no entry appears above, information r complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

Section II - Who Is An Insured eqcfed to include as an insured the person or organization shown in the Schedule, but only with respect to liabil~rising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard".

CG 20 3710 01 © ISO Properties, Inc., 2000 Page 1 of 1 D 3 of 6



4 of 6


POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US


COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Name Of Person Or Organization:

The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV- Conditions:

We waive any right of recovery we may have again the person or organization shown in the Sche above because of payments we make for inju damage arising out of your ongoing operation "your work" done under a contract with tha or organization and included in the "p completed operations hazard". This w only to the person or organization s Schedule above.

ill be shown in the Declarations.

CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 D 5 of 6



WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY we oo 0313

(Ed. 4-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule

This endorsement does not apply to policies in Alaska, California, Kentucky, New Jersey, North Carolina, Texas, Utah or Wisconsin.

This endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)

Endorsement Effective

Insured

Insurance Company

we oo 0313 (Ed. 4-84)

© 1983 National Council on Compensation Insurance.

Policy No. Endorsement No.

Premium

Countersigned by __________________ _

6 of 6

[POLICY NUMBER MUST MATCH WC POLICY ON CERTIFICATE]


NABHOLZ CONSTRUCTION CORPORATION

1707 E 123rd TERRACE, OLATHE, KS 66061 PHONE: (913) 393-6500 FAX: (913) 393-6600

JEFFERSON CITY PUBLIC SCHOOLS SECOND HIGH SCHOOL

PRECONSTRUCTION REQUEST FOR INFORMATION

PROJECT #: 08-18-3056

DATE SUBMITTED:

REQUESTING CONTRACTOR’S NAME:

ALL REQUESTS MUST INCLUDE THE ASSOCIATED REFERENCE SUCH AS DRAWING #, SPEC SECTION, ROOM #,

COLUMN LINE LOCATION, ETC.

BIDDERS ARE TO UTILIZE THIS FORM DURING THE BIDDING PHASE ONLY. PROJECTS UNDER CONSTRUCTION

UTLIZE DIFERENT RFI SUBMISSION FORMS AND METHODS.

REFERENCE:

REPLY:

DATE:

Ver. 12.9.15 Page 1 of 3

PROJECT NAME: Name & Location of Project

SHIP TO: Jobsite Address BILL TO: Nabholz Office Address

City, State Zip City, State Zip

DELIVERY DATE REQUIRED: Delivery date required

Coordinate all deliveries

with Project Superintendent: Superintendent

PHONE: Jobsite Phone # PAGER: Superintendent's Pager #

Specification Section : Specification Section & Title

Furnish the following materials delivered to the job site in strict accordance to plans and specifications prepared by Architect for

Name of project dated Date of plans and specifications.

Description of materials

Vendor agrees to comply with the following:

Submit six (6) copies of all required shop drawings, samples, product data and other submittal data within # of days days of

this purchase order date.

Furnish Material Safety Data Sheets on any material that may require hazard information.

Materials provided under this order shall be billed on one invoice per month only. Multiple monthly billings will not be

accepted. Purchase Order number and cost code must be clearly noted on all invoices.

Sales taxes and freight costs are included in this order.

Purchase Order Terms and Conditions, Attachment A, are made a part of this agreement as though fully set forth herein and

are accepted by Contractor and Vendor.

For POs issued under U.S. government contracts, grants, and projects receiving federal assistance as provided by federal law,

executive order, or regulation, (i) Attachment B, www.nabholz.com/suppliers/po-attachment-b.pdf , shall apply as though

fully set forth herein, and (ii) Attachment C, Debarment Certification form must be signed and returned

www.nabholz.com/suppliers/po-attachment-b.pdf .


Operations Group:

Contracted By:

Project Manager's Name

Project Manager

Date Vendor Signature Date

*** PLEASE SIGN AND RETURN COPY TO NABHOLZ CONSTRUCTION CORPORATION. ***

P.O. Number: Job # + P + Cost Code

Cost Code: Code Code

PURCHASE ORDER TO: Vendor Name DATE: Date

Address

City, State Zip

NET AMOUNT: $0.00

TAX: $0.00

TOTAL AMOUNT: $ 0.00

http://www.nabholz.com/suppliers/po-attachment-b.pdf


Attachment ‘A’

PURCHASE ORDER TERMS AND CONDITIONS

Ver. 12.9.15 Page 2 of 3

1. These Purchase Order Terms and Conditions (“Terms and

Conditions”), and the Purchase Order, with any and all appendices,

and/or exhibits attached hereto or otherwise issued by Nabholz

Construction Corporation (“Contractor”) herewith, (collectively, the

“Purchase Order” or “PO”) by and between Contractor and Vendor

(Contractor and Vendor, collectively, the “Parties,” each a “Party”),

constitute the entire agreement between Contractor and Vendor and

supersede and replace any and all prior discussions and agreements

between the Parties. If any discrepancy, difference or conflict exists

between the various provisions of the PO and these Terms and

Conditions, these Terms and Conditions shall govern unless

specifically referenced in the Purchase Order as modified by the

parties. Capitalized terms used but not defined herein shall have the

meanings ascribed in the PO. Contractor hereby gives notice of its

objection to any different or additional terms other than those

terms and conditions set forth herein. Vendor performance or

partial performance in any degree or order shall conclusively

constitute acceptance of the PO. Vendor agrees to be bound by the

terms of the contract between the Owner and the Contractor, the

general conditions, special conditions, the plans, drawings and

specifications (“Contract Documents”) as far as applicable to this PO,

and Vendor assumes toward Contractor all the obligations and

responsibilities that Contractor, by the Contract Documents, assumes

toward the Owner insofar as they are applicable to the materials to be

furnished under this PO.

2. Changes. Contractor may make changes to the PO at any time, and

Vendor shall accept such changes. Any changes to the Goods (as

defined hereafter) shall be negotiated in advance by the Parties and

agreed to in writing. If a change causes an increase or decrease in cost

and/or time required for performance of the PO, an equitable

adjustment shall be made and the PO shall be modified accordingly.

If price, terms, shipping date or any other express condition of the PO

cannot be achieved or met by Vendor, Contractor must be notified and

accept in writing any variation prior to shipment or delivery.

3. Prices. Prices for conforming goods, items, materials or services

specified in the PO (collectively, the “Goods”) shall include any

applicable transportation charges, insurance costs, shipping and

handling fees, and taxes.

4. Payment and Title. Upon Acceptance (as defined hereafter) of the

Goods pursuant to Section 9 herein, Contractor agrees to pay all

amounts properly due within forty-five (45) days of receipt of

Vendor’s invoice, less any deposits paid to Vendor (if any) unless

otherwise agreed by the Parties in the PO; provided, however, Vendor

shall invoice Contractor, and Contractor shall only be obligated to pay

such invoice upon Delivery and Acceptance of all Goods ordered

under the PO. Vendor shall promptly pay its lower tier vendors or

subcontractors when due for all labor, equipment, materials and

supplies used or consumed in completing PO. Contractor may elect to

withhold retention of up to five percent (5%).

5. Delivery of Goods. Vendor hereby agrees to on-time delivery based

upon the timeline set forth in the PO. If the PO does not specify a

delivery date (“Delivery date”) or schedule, Vendor shall provide the

Goods as if time is of the essence. Changes, modifications or any

delay resulting from Contractor that prevents Vendor from achieving

the Delivery Date shall not constitute a breach of this PO by Vendor.

If Vendor anticipates a delay in the delivery of Goods, Vendor shall

immediately notify Contractor. In the event Vendor fails to deliver

the Goods by the Delivery Date, or Vendor fails to deliver conforming

Goods, Contractor may purchase substitute Goods elsewhere and

charge Vendor for any reasonable and documented additional expense

incurred relating to the purchase of such substitute Goods. Vendor

shall deliver all Goods in accordance with the terms of the PO and as

provided in the plans, specifications, shop drawings/submittals. If

delivery of the Goods is not complete by the Delivery Date,

Contractor may, without liability and in addition to its other rights and

remedies, terminate the PO by notice deemed effective 3 calendar

days from issuance or upon receipt by Vendor, whichever occurs

first, as to Goods not yet delivered. Acceptance (as defined hereafter)

of any part of the PO shall not bind Contractor to Accept any future

shipments nor deprive it of the right to return Goods already

Accepted. Contractor reserves the right to cancel PO or any part

thereof, and receive refund of any payments made provided delivery is

not made within time specified.

6. Shipping. Vendor shall substantially pack, mark and ship all Goods in

a manner to secure the lowest, reasonable transportation cost without

compromising security and integrity of Goods, and in accordance with

any shipping instructions contained in the PO and the requirements of

common carriers. Vendor shall be liable for any difference in

shipping charges and actual damages arising from its failure to follow

the shipping instructions contained in the PO or industry standard

shipping practices. The Parties agree to assist each other in

prosecution of claims against carriers.

7. Acceptance. As a condition precedent to payment for Goods by

Contractor to Vendor, Contractor must Accept Goods (in whole or in

part) on the Delivery Date or as otherwise set forth in the PO. For the

purpose of these Terms and Conditions, “Acceptance” means the

point at which Contractor accepts or is deemed to accept the Goods in

accordance with the terms set forth in the PO. Acceptance shall

include the terms “Accept” and “Accepted.” The Goods shall be

deemed to have been Accepted (i) in the absence of written

notification of non-Acceptance by Contractor to Vendor within a

reasonable period of time, or (ii) upon timely delivery of the Goods

identified herein to the shipping address specified on the face of the

PO and examination and confirmation that Goods conform to their

applicable specifications. Prior to Acceptance, title to Goods remains

with Vendor, all risks of damage, injury, or loss thereto, or partial or

complete destruction thereof, will be borne and assumed by Vendor.

By way of clarification, Contractor retains the right to reject non-

conforming Goods and shall not be obligated to Accept any non-

conforming Goods.

8. Inspection. Payment for the Goods provided under the PO shall not

constitute Acceptance thereof. Contractor may inspect and test such

Goods and reject any or all items that are, in Contractor’s sole and

reasonable judgment, non-conforming. Goods rejected or supplies in

excess of quantities ordered may be returned to Vendor at its expense.

Failure by Contractor to inspect and/or test Goods shall not be deemed

Acceptance by Contractor.

9. Warranty. In addition to Vendor’s standard warranty relating to the

Goods, Vendor warrants that the Goods to be delivered pursuant to the

PO (i) are merchantable, of good material and workmanship, free

from defects not inherent in the kind specified, conforming to any

prototype or samples previously furnished, (ii) conform to all

specifications or other descriptions furnished to and approved by the

Parties, (iii) comply with all applicable international, federal, state and

local laws, rules and regulations (including, without limitation, those

concerning health, safety, and environmental standards) which bear

upon Vendor’s performance, (iv) shall be new and not refurbished or

reconditioned, unless expressly agreed in writing by Contractor, and

(v) are not restricted in any way by any patents, copyrights, mask

work, trademark, trade secrets, or intellectual property, proprietary or

contractual right of any third party. Terms and conditions of

Attachment B are made a part of this agreement as though fully here

set forth and are accepted by Contractor and Vendor. Attachment B,

www.nabholz.com/suppliers/po-attachment-b.pdf applies to POs

issued under U.S. Government contracts, grants, and projects

receiving federal assistance as defined by federal law, executive order,

or regulation.

10. In addition, Vendor warrants that Contractor shall have good and

marketable title to all Goods (including components thereof)

purchased pursuant to transactions contemplated by this PO, free of all

liens and encumbrances and that no licenses are required for

contractor to use such Goods. This Section 9 shall not be waived by

reason of Acceptance of the Goods or payment therefor by Contractor.


Ver. 12.9.15 Page 3 of 3

11. Cancellation. Contractor may, for any reason and at any time, at its

option cancel any unshipped Goods. To the extent the PO covers

stock Goods, Contractors’ only obligation is to pay for Accepted

Products prior to such cancellation. To the extent the PO covers

Goods specially manufactured or fabricated to Contractor’s

specifications, Vendor shall immediately cease all performance

hereunder upon receipt of notice of cancellation, and, if Vendor is not

in default, Contractor shall reimburse Vendor for the actual, direct

cost to Vendor of such Goods which have, at time of such

cancellation, been wholly or partially manufactured. Upon payment,

title to all such Goods shall pass to Contractor.

12. Risk of Loss. Vendor assumes all risk of loss of or damage to all

Goods ordered and all work in progress, materials, and other items

related to the PO until the same are finally Accepted by Contractor.

Vendor assumes all risk of loss of or damage related to any Goods,

work in progress, materials, and other items rejected by Contractor

until the same are received by Vendor or otherwise Accepted by

Contractor.

13. Insurance. Vendor agrees to maintain Workmen's Compensation,

Commercial General Liability, public liability and such other

insurance in a minimum of $1 Million per occurrence or such amounts

as may be required of the Contractor in the PO, and to name

Contractor and Owner as Additional Insureds. Vendor shall provide

Contractor with certificates of insurance and copies of such policies if

requested, and shall maintain such insurance while Vendor is engaged

under this PO. If design responsibilities are provided by Vendor,

Vendor shall maintain professional liability coverage in a minimum of

$1 Million per claim with “tail” coverage of no less than one (1) year

from PO completion.

14. Confidentiality. Vendor agrees to treat all drawings, specifications

and other information furnished by Contractor in connection with this

PO as confidential. Materials made or supplied in accordance with

drawings or specifications applicable to the Goods ordered hereunder

shall not be supplied to anyone other than Contractor without

Contractor’s prior written permission.

15. Indemnification. To the fullest extent permitted by law, defend,

hold harmless and indemnify Contractor, its employees, agents,

officers, subsidiaries and affiliates, and representatives (each an

“Indemnitee,” and collectively, the “Indemnitees”), from and

against any and all claims, liabilities, losses, damages, lawsuits,

actions, proceedings, arbitrations, taxes, penalties, or interest,

associated auditing and legal expenses, and other costs incurred by

Indemnitee(s) (including reasonable attorneys’ fees and costs of

suit) (“Indemnified Claims”) arising from Vendor’s: (a)

performance of its obligations under the PO, (b) misrepresentation

or breach of any representation, warranty, obligation, or covenant

of the PO, and (c) damage to property and injuries to or death of

any person or persons which may be asserted against Contractor

or its customer, its employees, agents, officers and representatives,

or its property arising out of any acts or omissions of or goods and

services supplied by Vendor, its agents, employees, sub-contractors

of any tier, or anyone acting under. Such Indemnified Claims

shall include, without limitation, all direct, actual, special, and

consequential damages. Notwithstanding, Vendor’s obligations under

this Section 14 do not include claims, liabilities, losses, damages,

lawsuits, actions, proceedings, arbitrations, taxes, penalties, or interest,

associated auditing and legal expenses, and other costs incurred by

Indemnitee(s) to the extent arising from Contractor’s negligent actions,

alteration or misuse of the Goods provided by Vendor. This Section

14 shall survive termination, cancellation, or expiration of the PO.

16. Independent Contractor. Vendor, in the performance of its duties

hereunder, shall be an independent contractor only, and not an agent,

employee, partner or joint venture of, or with Contractor, and nothing

herein shall be deemed to create or imply any relationship other than

that of independent contractor.

17. Non-waiver. Except as otherwise provided in the PO, failure by

either Party to insist on strict performance of any provision of the PO,

complain of any action, inaction, or default of the Other Party, or to

exercise any right or privilege, shall not constitute a waiver of any

aggrieved Party’s rights hereunder.

18. Severability. If any term, covenant, condition, or provision of the PO,

or the application thereof to any person or circumstance, shall ever be

held to be invalid, illegal or unenforceable by a court or judicial

officer, the provision shall remain in effect and enforceable to the

maximum extent allowed by law.

19. Successors and Assigns; Assignment. PO shall not be assigned,

transferred, or delegated by Vendor without the prior written consent

of Contractor. Contractor has the right, without any limitation, to

assign this PO with Vendor to Contractor’s customer.

20. Cover. Should Vendor provide defective or nonconforming material

or fail to supply within the time stated, any or all of the material

covered by PO, or otherwise breach PO, Contractor shall have the

right without further notice to supply itself in the open market to the

extent of the deficiency and to hold Vendor liable for any loss

occasioned by it. If the material is to be delivered periodically or in

installments, failure to deliver any one installment within the time

provided shall authorize Contractor to refuse to accept the overdue

and/or any subsequent installments or to pay for the same, and it shall

have the right to purchase the overdue installment and any or all

subsequent installments in the open market without notice and to hold

Vendor liable for any loss occasioned by the overdue installment.

21. Governing Law. The PO shall be governed by and construed in

accordance with the laws of the State of Arkansas without regard to its

rules of conflict of laws. Each of the Parties hereby irrevocably and

unconditionally consents to submit to the exclusive jurisdiction of the

courts of the State of Arkansas and of the United States of America

located in Arkansas (“Courts”) for any litigation arising out of or

relating to this Agreement and the transactions contemplated hereby

(and agrees not to commence any litigation relating thereto except in

such courts), waives any objection to the laying of venue of any such

litigation in the Courts and agrees not to plead or claim in any Court

that such litigation brought therein has been brought in an

inconvenient forum.

22. Remedies Cumulative. By exercising any remedy available to

Contractor under the terms of PO, Contractor does not waive any

other remedies in law or equity available to Contractor.

23. Force Majeure. Contractor may delay delivery, performance, or

Acceptance of Goods ordered hereunder in the event of causes beyond

its control. Vendor shall hold such Goods or refrain from furnishing

such services at the direction of Contractor, and Vendor shall deliver

the Goods when the cause effecting the delay is eliminated.

Contractor shall be responsible only for Vendor’s reasonable,

documented and direct additional costs incurred by holding the Goods

or delaying performance of the services at Contractor’s request.

Causes beyond Contractor’s control shall include, without limitation,

government action or failure to act where required, strike or other

labor trouble, fire or similar catastrophe, and severe weather or other

acts of God.

Section 007 007.01 Site Specific Safety Plan To be issued via addendum

Section 008 Project Schedule

008.01 Project Schedule To be issued via Addendum

Section 009 Bid Packages

009.01 Section A: General Scope Requirements 009.31.01 Clearing, Grubbing and Temporary Entrances

009.01 Section A: General Scope Requirements

Page 1 of 1 Section A: General Scope Requirements 009.01


All trade specific bid packages referenced in Section 009.02 Bid Packages Index shall be inclusive of the General Scope Requirements listed below.

Section A: General Scope Requirements

1. Refer to Section 3, Instructions for Procurement, for general requirements. 2. Subcontractor agrees to follow all safety procedures and safety regulations of

Nabholz, including those that are more stringent than Subcontractor’s own safety policy or OSHA standards.

3. All employees must wear hard hats, eye protection, and high visibility vests at all times on site.

4. Deliveries of building materials will give right of way to school bus traffic during drop-off and pick-up times.

5. Subcontractor is responsible for the protection of the SWPPP devices in place. If Subcontractor is required to move a SWPPP device in order to complete work, Subcontractor must replace that device as installed. Coordinate removal and replacement of SWPPP device with Project Superintendent.

6. Construction Manager will provide layout to building corners. Subcontractor is responsible for layout beyond these points.

7. Coordinate on-site employee parking with Project Superintendent. 8. Coordinate location of on-site storage containers with Project Superintendent. 9. Employees shall avoid harassment of students, faculty, or staff. Employees who

violate this requirement may be removed from the jobsite by Project Superintendent.

10. Subcontractor will actively participate in the Nabholz Quality Management System. 11. Subcontractor agrees to follow the Project Schedule and meet the milestone

dates. Certain areas may be made earlier than originally indicated on Schedule. Subcontractor must be prepared for any minor adjustments to the Schedule as work progresses.

12. Subcontractor must attend weekly coordination meetings. Employees attending meetings must have the authority to make commitments on manpower to maintain Project Schedule or meet milestone dates.

13. All Subcontractors and Suppliers will be required to write a site specific safety plan to address Nabholz 12 Commitments To Live By (C2LB).

009.31.01 Clearing, Grubbing, and Temporary Entrances Exhibit A

Rev 2 – February 2017 Clearing, Grubbing, and Temporary Entrances 009.31.01

As noted below, Subcontractor shall be responsible for the following project-related activities and Scope of Work in accordance with the requirements of the specifications, drawings, and CM Manual. Furnish all labor and supervision required to complete the work of this package. Unless noted otherwise, furnish all equipment, materials, supplies, tools, scaffolding, hoisting, transportation, unloading, and handling necessary for the proper installation and completion of this work.

APPLICABLE SPECIFICATIONS

Include work normally associated with trade whether referenced in these sections or not:

Refer to C0.1 and C0.2

Geotechnical Report by Gredell Engineering Resournces, Inc. dated 07 September, 2017

SCOPE OF WORK Includes, but is not necessarily limited to:

Section A: Reference Section 009.01 General Scope Requirements

Section B: Trade-Specific Requirements

1. Coordinate the procurement of all paperwork, permits, fees, and bonds necessary for the work covered under this agreement, bearing all cost associated. This must conform to all governmental regulations inclusive of and required by City, County, State, or other jurisdictions having governance.

2. This bid package is intended to be all inclusive of labor, material, and equipment required for clearing, grubbing, and temporary construction entrances as required by the Construction Documents for a complete project.

3. CM to establish benchmarks and control. This package is reponsibile for procuring a professional surveyor to establish and set all elevations associated to clearing, grubbing, swppp, initial earthwork, initial storm piping, and temporary construction entrances under this scope of work. Provide all site layout and engineering required including maintenance of such.

4. Provide as-built site drawings documented by professional surveyor that will in turn be used for topographical survey.

5. Maintain storm water prevention plan in accordance with requirements of the City, County, State, or other jurisdictions having governance.

6. Provide erosion control, maintenance of positive site drainage, and dewatering as it relates to the work.

7. Provide all barricades, excavation protection, traffic control, and flagmen as necessary for the work. 8. Provide, maintain, and remove protection around all trees to be saved using orange safety netting.

Provide any necessary protection for those trees that are to remain for the duration of the project. This package shall only be responsible during this package’s phase of work.

9. Provide all site clearing, grubbing, tree and stump removal, hauling, and dumping. 10. Temporary works shall be included in this package over ruts or areas of disturbed earth due to

clearing and grubbing site. All areas disturbed by construction activities shall be re-graded and backfilled.

11. Remove any existing concrete structures such as existing slabs, foundations, curb and gutter, or other similar existing structures so as to facilitate new construction.

12. Provide watering/water trucks as required to control dust. 13. Damage to existing utilities and utility structures as a result of this package will result in cost

associations to this package. 14. Do not interrupt existing utility serving occupied or operating facilities, except when authorized in writing by Owner and authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, as acceptable to Owner and to governing authorities. 15. Clearing limits as set forth within the construction documents

009.31.01 Clearing, Grubbing, and Temporary Entrances Exhibit A

Rev 2 – February 2017 Clearing, Grubbing, and Temporary Entrances 009.31.01

16. Temporary Entrances to be constructed as per drawings including but not limited to 6” Type 1 Base and Min 18” Compacted Shot Rock.

17. Provide complete underground system from utility service main to location at building or as noted. 18. Clean up site and adjoining streets while working onsite. Power wash all paving, drives and walks at

the end of project. Remove and legally dispose off site of all debris associated with this trade package. Do not use dumpsters.

19. Field engineering and site layout required to perform this scope of work. 20. All permits, fees, and right of way bonds required to form this work. 21. Responsible for maintaining and constructing temporary construction roads during this phase of work. 22. Temporary parking lot to be included in this package with 6” gravel base (1” clean rock) on geotech fabric for roughly 25,000 SF.

Section C: Project-Specific Requirements

1. All 12” or greater Hardwood Trees are to be felled, limbed, and stacked for future, salvagable use in an area designated by the CM.

2. Shot Rock fill as indicated. 3. All Mulch Berms as indicated. 4. CMP at Construction Entrance as indicated. 5. Rip Rap as indicated. 6. Rock Ditch Checks as indicated . 7. Minimum 4” of 1“ Clean Rock in all Low Areas which are not drainage ditches. 8. Mulch Berms with concretated flows as indicated. 9. All debris from Timber will be mulched on site for berms unless Note 1 concerning Hardwood Trees

applies. Absolutely NO burning of debris on site. 10. Refer to Geotechnical Report as applicable to this Bid Package. 11. Include submission of existing conditions photos of the site to be disturbed to the CM before any

work begins. Approval from the CM is required before starting work. 12. Curb Cut includes: all saw cutting, demolition, hauling away, permitting process and fees, and

repour.

Section D: Project-Specific Exclusions

1. None

Section E: Alternate Pricing

1. None

Section F: Unit Pricing 1. Provide unit prices for the following:

a. Shot Rock Undercut and remove from jobsite existing soils deemed by Soils Engineer to be unsuitable for reuse, measured as in-place yardage.

b. Excavate and remove from jobsite mass rock quantity, measured as in-place yardage. END OF PACKAGE

JEFFERSON CITY PUBLIC SCHOOLS - abcksmo.org documents 2017/Nabholz Construction...jefferson city...

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Transcript of JEFFERSON CITY PUBLIC SCHOOLS - abcksmo.org documents 2017/Nabholz Construction...jefferson city...